Bill > A5456

Introduced Session

This bill makes the crimes of human trafficking pursuant to N.J.S.A.2C:13-8, assisting in human trafficking pursuant toN.J.S.A.2C;13-9, and commercial sexual abuse of a minor pursuant to N.J.S.A.2C:13-10, subject to the "No Early Release Act" (section 2 of P.L.1997, c.117 (C.2C:43- 44 7.2)). Under current law, these human trafficking crimes are not subject to the State's No Early Release Act (NERA), which requires the court to fix a minimum term of 85 percent of the sentence imposed for certain first and second degree crimes before being eligible for parole. NERA also requires a court to impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision for a crime of the second degree. During the term of parole supervision the defendant would remain in the legal custody of the Commissioner of the Department of Corrections and be supervised by the State Parole Board as if on parole. As such, the defendant could be returned to prison for a parole violation. Under current law, a person convicted of the first degree crime of human trafficking pursuant to N.J.S.A.2C:13-8 is to be sentenced to either a term of 20 years, during which the person is ineligible for parole, or a specific term between 20 years and life imprisonment, in which case the person is required to serve 20 years before being eligible for parole. Under the bill, a person convicted of human trafficking is to be sentenced to: a term of 24 years to life imprisonment, of which 85 percent of the sentence would need to be served before being eligible for parole. Under NERA, a life sentence is deemed to be 75 years, so a defendant sentenced to a term of life imprisonment would be required to complete 63.75 years prior to being eligible for parole. Under current law, a person guilty of the second degree crime of assisting in human trafficking is to be sentenced to a term of imprisonment, which includes a period of parole ineligibility of one-third to one-half of the term of imprisonment imposed or three years, whichever is greater. A crime of the second degree is generally punishable by a fine of up to $150,000, a term of imprisonment of five to 10 years, or both. Under the bill, a person guilty of assisting in human trafficking would need to serve 85 percent of the sentence imposed before being eligible for parole. A person convicted of commercial sexual abuse of a minor pursuant under current law is guilty of a crime of the first degree. A crime of the first degree is generally punishable by a fine of up to $200,000, a term of imprisonment of 10-20 years, or both. The provisions of the bill would require a person sentenced for a violation under this section to serve 85 percent of the sentenced imposed prior to being eligible for parole.

Committee Categories

Jessica Ramirez (D)*,  Sterley Stanley (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 03/17/2025)

Official Document