Bill > A5968

This bill establishes a new mitigating factor for criminal sentencing in New Jersey that allows courts to consider whether a defendant was a victim of domestic violence or substantial abuse when determining an appropriate sentence. The bill adds a fifteenth mitigating factor to existing sentencing guidelines, which allows courts to potentially reduce sentences for defendants who can demonstrate that domestic violence or abuse was a contributing factor to their criminal conviction. Importantly, this applies to most crimes except murder and sex offenses requiring registration. The bill creates a comprehensive process for defendants convicted prior to the bill's enactment to petition for resentencing, including providing detailed guidelines for how courts should evaluate such petitions. Defendants must file a petition with supporting documentation demonstrating they were a victim of domestic violence or substantial abuse, and the court will consider various types of evidence including court records, social services records, hospital records, protective orders, and statements from professionals. If the court finds the domestic violence or abuse was a contributing factor to the conviction, it may modify, reduce, or suspend the original sentence according to specific sentencing guidelines. The bill also requires the Commissioner of Corrections to notify eligible incarcerated individuals about this resentencing opportunity and mandates the Administrative Office of the Courts to develop training for judges and report annually on resentencing applications.

Justice, Military Affairs and Security

https://www.njleg.state.nj.us/bill-search/2024/A5968