New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A174

Introduced
1/11/22  

Caption

Permits retroactive modification of certain judgements of conviction; requires study of DOC's anticipated expenses to upgrade data infrastructure.

Impact

Should A174 be enacted, it would significantly alter how sentences for specific offenses are approached within the state. Primarily affecting those currently incarcerated, the bill provides a structured process through which eligible inmates can have their judgments modified, thus allowing them to potentially serve shorter periods of incarceration. This shift in policy underscores a move towards more rehabilitative approaches in criminal justice, with an emphasis on reducing unnecessary incarceration for nonviolent offenders.

Summary

A174 is a legislative bill aimed at reforming elements of the criminal justice system in New Jersey by permitting the retroactive modification of sentences for certain offenses. This bill focuses on inmates who have received mandatory minimum periods of parole ineligibility, allowing for the potential rescission of these restrictions under specific circumstances. It emphasizes the importance of balancing public safety with the re-evaluation of sentences for various offenses, particularly nonviolent crimes and those committed by public officials. The proposed changes create a pathway for individuals previously convicted of specified crimes to seek resentencing, thereby providing them with a fair opportunity for parole eligibility.

Contention

While the bill appears to advocate for justice reform, it has been met with some opposition, particularly from those concerned about the implications for public safety. Critics argue that allowing for the retroactive modification of sentences could undermine the severity of consequences associated with certain crimes. Additionally, there are concerns regarding the criteria for determining eligibility for resentencing, including the potential for subjective evaluations of public safety risks associated with the release of certain offenders. The balance between facilitating rehabilitation and ensuring community safety remains a contentious point of discussion around A174.

Companion Bills

No companion bills found.

Previously Filed As

NJ A1787

Permits retroactive modification of certain judgements of conviction; requires study of DOC's anticipated expenses to upgrade data infrastructure.

NJ A2668

Requires court to consider certain domestic violence convictions when considering alimony award; permits alimony modification based on certain subsequent domestic violence convictions.

NJ A819

Provides for resentencing of certain inmates.

NJ S4184

Requires court to consider certain domestic violence convictions when considering alimony award; permits alimony modification based on certain subsequent domestic violence convictions.

NJ A4810

Creates first degree crime of home invasion, makes crime subject to No Early Release Act, and upgrades burglary of residence to second degree crime under certain circumstances.

NJ A3247

Upgrades burglary of a residence as a crime of the second degree; upgrades it to a crime of the first degree if committed while armed.

NJ A5710

Upgrades burglary of a residence as a crime of the second degree; upgrades it to a crime of the first degree if committed while armed.

NJ A3590

Upgrades burglary of residence to crime of the second degree.

NJ A5035

Upgrades burglary of a residence to crime of the second degree.

NJ A5304

Upgrades penalties for certain prostitution crimes; creates crimes of leader of prostitution network and participant in prostitution network.

Similar Bills

NJ A1787

Permits retroactive modification of certain judgements of conviction; requires study of DOC's anticipated expenses to upgrade data infrastructure.

CA AB665

Parole: youth offender parole hearings.

CA AB1245

Resentencing.

CA AB1540

Criminal procedure: resentencing.

CA SB118

Public safety.

CA AB88

Public safety.

CA AB124

Criminal procedure.

CA SB898

Criminal procedure: sexual assault resentencing.