Bill > A3519

Introduced Session

This bill revises the law related to sentencing and resentencing of certain defendants who are victims of domestic violence. The bill: (1) adds a new mitigating factor for the court to consider when determining the appropriate sentence, or when imposing a new sentence under the bill for a person who has been convicted of an offense, and who, in addition to other qualifying criteria, is a victim of domestic violence; and for whom the court finds that the domestic violence was a contributing factor in committing the crime; and (2) adds an alternate sentencing structure upon a determination that the new mitigating factor applies. Under the bill, there is no additional requirement that a domestic violence restraining order was in place at the time of the criminal behavior. New mitigating factor criteria The bill amends N.J.S.A.2C:44-1 to add a new mitigating factor: that the defendant was a victim of domestic violence subjected to physical, sexual, or psychological abuse inflicted by a member of the defendant's family or household and such abuse was a contributing factor to the defendant's criminal behavior. Court discretion and alternate sentencing The bill grants the court discretion when sentencing persons convicted of certain crimes who suffered physical, sexual, or psychological abuse inflicted by a member of the defendant's family or household as the defendant and such abuse was a contributing factor to the defendant's criminal behavior. The court, upon a determination that the new mitigating factor was present, may impose a sentence in accordance with new sentencing ranges established under the bill as follows: (1) for a crime of the fourth degree, a term of six months; (2) for a crime of the third degree, a term of up to one year but not more than three years; (3) for a crime of the second degree, a term of up to three years but not more than five years; (4) for a crime of the first degree, a term of up to five years but not more than 10 years. Resentencing The bill allows persons currently incarcerated and serving a sentence of a minimum term of eight years or more for an offense committed prior to the effective date of this act to apply for resentencing pursuant to the new sentencing range. Procedures are established for applying for resentencing, requesting the assistance of appointed counsel through the Office of the Public Defender, and notifying the prosecutor of a defendant's application. The bill provides that the application for resentencing must include corroborating evidence that the defendant was, at the time of the offense, a victim of domestic violence. If the court finds that the applicant has provided the required corroborating evidence, the court is directed to conduct a hearing to aid in the resentencing determination. Under the bill, a person may appeal an order denying resentencing, or a new sentence imposed on the grounds that the term of the new sentence is excessive, or that the term of the new sentence is unauthorized as a matter of law. The applicant may request that the court assign the applicant an attorney for the preparation of and proceedings related to any appeals regarding the application for resentencing. The attorney is to be assigned in accordance with the provisions of P.L.1967, c. 43 (C. 2A:158A-1 et seq.). Trauma-informed reentry survivor support services The bill provides that an individual sentenced, resentenced, or released under the provisions of the bill is eligible for trauma-informed reentry support services which shall include access to mental health counseling, peer recovery support, vocational training, and housing assistance. The Department of Corrections, in collaboration with the Administrative Office of the Courts and the Office of the Public Defender is directed to develop and disseminate implementation guidelines for community-based reentry programs that serve individuals sentenced, released, or resentenced under the bill. The Department of Corrections is directed to establish a grant program to assist community-based reentry programs in providing mental health service providers and expanding the pipeline of trained mental health service providers. "Community-based mental health service provider" is defined under the bill to mean a State-licensed or State-certified counselor, psychologist, social worker, or other State-licensed or State-certified mental health professional qualified under State law to provide mental health services to trauma-involved reentry survivors. In addition to providing sentencing relief, the bill recognizes the critical need for trauma-informed service centered justice through the provision of wraparound reentry services delivered by justice-impacted, trained individuals. This bill is based, in part, on the New York law known as the "Domestic Violence Survivors Justice Act," signed into law on May 14, 2019, and Proposed Sentencing Reform B of the New Jersey Criminal Sentencing and Disposition Commission Report, issued in March 2023.

AI Summary

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Yvonne Lopez (D)*,  Eliana Pintor Marin (D)*,  Shanique Speight (D), 

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

Official Document