Vetoed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that rescinds mandatory minimum terms of imprisonment for crimes of a non-violent nature.

Highlights:

• Alleges New Jersey's criminal justice system will benefit from sentencing reforms aimed at reviewing and eliminating mandatory minimum sentences for crimes of a non-violent nature as determined by the Legislature (Sec. 1.a).

• Specifies any person convicted of a shoplifting offense will be sentenced to perform community service as follows (Sec. 6-4):

• For a first offense, at least ten days of community service; 

• For a second offense, at least 15 days of community service; and 

• For a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense will, at a minimum, be sentenced to a term of imprisonment of not less than 90 days.

• Establishes any person who knowingly maintains or operates any premises, place, or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants or any substance listed in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the first degree (Sec. 11).

• Authorizes the court to waive or reduce the minimum term of parole ineligibility required and place the defendant on probation. The court may consider the following (Sec. 14.b):

• The extent of the defendant's prior criminal record and the seriousness of the offenses for which the defendant has been convicted;

• The specific location of the present offense concerning the school property, including distance from the school and the reasonable likelihood of exposing children to drug-related activities at that location;

• Whether school was in session at the time of the offense; and

• Whether children were present at or near the location when the offense took place.

• Specifies a person who has been convicted of a crime may be sentenced to imprisonment, as follows (Sec. 17):

• In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

• In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between 5 years and 10 years;

• In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between 3 years and 5 years;

• In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

• Prohibits a court from imposing a mandatory minimum sentence unless the ground, therefore, has been established at a hearing (Sec. 17.d).

• Establishes a person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is convicted of a crime that involves or touches such office or employment will be sentenced to a mandatory minimum term of imprisonment without eligibility for parole (Sec. 18.a).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that rescinds mandatory minimum terms of imprisonment for crimes of a non-violent nature.

Highlights:

• Alleges New Jersey's criminal justice system will benefit from sentencing reforms aimed at reviewing and eliminating mandatory minimum sentences for crimes of a non-violent nature as determined by the Legislature (Sec. 1.a).

• Specifies any person convicted of a shoplifting offense will be sentenced to perform community service as follows (Sec. 6-4):

• For a first offense, at least ten days of community service; 

• For a second offense, at least 15 days of community service; and 

• For a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense will, at a minimum, be sentenced to a term of imprisonment of not less than 90 days.

• Establishes any person who knowingly maintains or operates any premises, place, or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants or any substance listed in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the first degree (Sec. 11).

• Authorizes the court to waive or reduce the minimum term of parole ineligibility required and place the defendant on probation. The court may consider the following (Sec. 14.b):

• The extent of the defendant's prior criminal record and the seriousness of the offenses for which the defendant has been convicted;

• The specific location of the present offense concerning the school property, including distance from the school and the reasonable likelihood of exposing children to drug-related activities at that location;

• Whether school was in session at the time of the offense; and

• Whether children were present at or near the location when the offense took place.

• Specifies a person who has been convicted of a crime may be sentenced to imprisonment, as follows (Sec. 17):

• In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

• In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between 5 years and 10 years;

• In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between 3 years and 5 years;

• In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

• Prohibits a court from imposing a mandatory minimum sentence unless the ground, therefore, has been established at a hearing (Sec. 17.d).

• Establishes a person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is convicted of a crime that involves or touches such office or employment will be sentenced to a mandatory minimum term of imprisonment without eligibility for parole (Sec. 18.a).

Full Bill Text