In a continuing effort to create more just and fair sentencing guidelines in the state, the Criminal Sentencing and Disposition Commission issued its annual report Wednesday, one that makes four recommendations, including the elimination of mandatory minimum sentences for those convicted of non-violent drug crimes.
The group, which is made up of representatives from every facet of New Jersey’s criminal justice system along with designees from all three of New Jersey’s branches of government, is chaired by Chris Porrino of Lowenstein Sandler, and the former attorney general for the state of New Jersey.
Tasked with making recommendations to Gov. Phil Murphy and the Legislature on a yearly basis to promote a “rational, just, and proportionate sentencing scheme,” the group also offered three other recommendations:
- allow sentencing judges to consider the fact that a person was abused by the victim of their crime, and to potentially impose lesser sentences on that basis;
- allow those who have served long sentences and have aged past 60 (or 62 in some cases) to apply to a judge for a reduced sentence; and
- permit judges to reduce or waive fines and other fees assessed against those convicted of crimes.
All of the suggestions were recommended unanimously by the commission.
Porrino, in his first report as chair since being appointed by Murphy in January, said he feels all of the recommendations would have positive impact.
“The Commission’s report amplifies proposed legislation that the Commission’s members unanimously believe will move New Jersey towards a more rational, just, and proportionate sentencing system,” he said.
The commission, which was created in 2009 and became fully constituted in 2018 under Murphy, had issued three prior reports in 2019, 2022, 2023 under past Chair former Chief Justice Deborah Poritz, who chaired the Commission from 2018 to 2023.
A greater look at each of the four recommendations:
1. Eliminate some mandatory minimums
The reasoning: The enactment of A4464 (S3722) would follow the commission’s first recommendation in 2019, when it called for the elimination of mandatory minimum sentences for non-violent drug crimes. A mandatory minimum is a provision in a criminal statute that requires the sentencing judge to impose a minimum prison term upon conviction for a given offense.
One more thing: If A4464 is adopted, sentences for those convicted of certain non-violent drug offenses will not automatically include a term of incarceration, but rather will be left to the discretion of the sentencing judge, with the input of prosecutors, consistent with the other requirements of New Jersey’s criminal laws.
2. Allow sentencing judges to consider the fact that a person was abused by the victim of their crime
The reasoning: The enactment of A4740 with commission-recommended changes is consistent with the commission’s tenth overall recommendation from its 2023 report, which called for the adoption of a new mitigating factor for sentencing that allows judges to consider that the defendant suffered prior abuse inflicted by the victim of the crime.
One more thing: If enacted, the legislation would allow sentencing judges to consider as a mitigating factor whether the person being sentenced was abused by the victim of the crime for which the person is being sentenced. For example, in deciding to reduce a sentence, a judge could consider that a person convicted of assault had previously been abused by the person they assaulted. The commission believes that the inclusion of this mitigating factor is particularly important for those who have been victims of domestic violence.
3. Allow those who have served long sentences and have aged past 60 (or 62 in some cases) to apply for a reduced sentence
The reasoning: The enactment of S2338 (A4463) is consistent with the eleventh overall recommendation from its 2023 report, which called for the creation of a rehabilitative release program. The bill, S2338 proposes to create such a “rehabilitative release program.” Under the program, incarcerated people who reach the age of 60 (or 62 in the case of murder) and who have served 20 years in prison (or 30 years in the case of murder), can submit a one-time application to a judge who would then consider whether the individual should receive a reduced sentence.
One more thing: Before any resentencing, the judge will need to find: (1) the incarcerated person is not a danger to the safety of any person or the community; (2) the incarcerated person demonstrates a readiness for reentry; and, (3) the interests of justice warrant a sentence modification. Under the program, victims or their family members would be permitted to weigh in on the resentencing application.
4. Permit judges to reduce or waive fines and other fees assessed against those convicted of crimes
The reasoning: The commission recommended a measure to reduce the financial burdens on those convicted of crimes who are not able to afford the significant mandatory fees imposed on them at sentencing. This recommendation is supported by evidence that excessive fees and resultant debts present a significant barrier to successful reentry and evidence that the state collects only a fraction of the fines and fees imposed, spending nearly as much to administer collections as it takes in.
One more thing: In making this last recommendation, the commission developed its own proposed statutory language that would allow sentencing judges to adjust, reduce, or waive otherwise mandatory financial obligations imposed by the sentencing laws.
