Amends "three strikes law" to apply only to persons over 18 years of age.
Impact
The proposed amendment aims to grant judges greater discretion in sentencing by excluding juvenile convictions from being counted as 'strikes.' Supporters argue that this change will allow for more individualized assessment of each case, taking into account the age and circumstances of the defendant at the time of their crimes. This is particularly significant for young offenders who may have committed crimes as juveniles but have because adults since their convictions.
Summary
Bill S3291 proposes an amendment to New Jersey's 'three strikes law,' specifying that the law will apply only to individuals over the age of 18 at the time of their offenses. The current law mandates life imprisonment without the possibility of parole for individuals convicted of certain serious crimes who have two or more prior convictions, regardless of the age at which those previous offenses occurred. This bill seeks to reverse the New Jersey Supreme Court's 2022 ruling in State v. Ryan, which held that juvenile convictions can count as predicate offenses under this law.
Contention
Opponents of the amendment may argue that it dilutes the intent of the 'three strikes law' and could potentially allow repeat offenders to evade harsher sentences due to their age at the time of past convictions. The debate hinges on the balance between ensuring justice for serious offenses and recognizing the capacity for rehabilitation among young people. This amendment may open discussions about broader implications for juvenile justice reform and the treatment of young offenders within the adult criminal system.
Specifies that certain juvenile convictions are predicate crimes for determining whether person is sentenced to life imprisonment without parole eligibility; codifies State v. Ryan.