New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A819

Introduced
1/11/22  

Caption

Provides for resentencing of certain inmates.

Impact

The legislation reflects a broader movement towards criminal justice reform that emphasizes rehabilitation over strict punitive measures. If passed, A819 would allow courts to reconsider the sentences of certain inmates based on their youth at the time of the offense and other mitigating circumstances. Factors to be considered during resentencing hearings include the inmate's age, maturity, efforts at rehabilitation, and the impact of childhood abuse or other obstacles faced during their development. This approach underscores a recognition of the potential for change and growth in individuals who committed crimes as minors, challenging the notion of irreparable corruption often associated with serious offenses.

Summary

Assembly Bill A819 seeks to reform the process of sentencing for inmates who committed offenses as juveniles but were tried and sentenced as adults. The bill establishes a framework through which certain eligible inmates may petition for resentencing after serving a significant portion of their sentences. Specifically, it directs the Commissioner of Corrections to issue a Certificate of Eligibility for Resentencing to those who were sentenced to at least 30 years in prison and have already served 20 years of their imposed sentence. By creating pathways for resentencing, the bill aims to address the harsh penalties often placed on young offenders who may lack maturity and foresight at the time of their crimes.

Contention

While A819 aims to provide a more compassionate and thoughtful approach to juvenile sentencing, the bill is likely to face opposition from those who believe that certain crimes warrant life sentences without the possibility of parole, regardless of the age of the offender. Opponents may argue that allowing for resentencing could undermine justice for victims and their families. The bill also includes provisions for victim notification and opportunities for the victims or their families to voice their opinions during resentencing hearings, attempting to balance the needs of both offenders seeking redemption and victims seeking justice.

Companion Bills

NJ S763

Same As Provides for resentencing of certain inmates.

Previously Filed As

NJ S763

Provides for resentencing of certain inmates.

NJ A3189

Concerns resentencing and parole for certain juvenile defendants.

NJ S1134

Concerns resentencing and parole for certain juvenile defendants.

NJ A4463

Provides for rehabilitative release for certain incarcerated persons.

NJ SB255

Authorizing certain inmates in the custody of the secretary of corrections to petition the court for a resentencing hearing.

NJ AB1245

Resentencing.

NJ AB812

Recall and resentencing: incarcerated firefighters.

NJ S4586

Establishes mitigating factor for sentencing of defendants who are victims of domestic violence and provides for resentencing and trauma-informed reentry support services.

NJ SB156

Sentencing; habitual felony offender act, resentencing procedures, established

NJ AB1540

Criminal procedure: resentencing.

Similar Bills

NJ S763

Provides for resentencing of certain inmates.

CA AB960

Compassionate release.

CA AB88

Criminal procedure: victims’ rights.

CA AB812

Recall and resentencing: incarcerated firefighters.

CA AB1245

Resentencing.

CA AB600

Criminal procedure: resentencing.

CA AB1540

Criminal procedure: resentencing.

CA AB665

Parole: youth offender parole hearings.