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

A2075

ASSEMBLY, No. 2075

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Co-Sponsored by:

Assemblywoman Reynolds-Jackson

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning
criminal justice, with an emphasis
on rescinding mandatory minimum periods of
parole
ineligibility
, supplementing Title 30 of the
Revised Statutes, and amending P.L.1979, c.441 and P.L.1967, c.43.
�

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����
1.��� (New section)� a.� The
�
Supreme
Court
may issue an order
to
retroactively
modify the judgment of conviction, in accordance with the provisions of
subsection m. of section
7 of P.L.1979, c.441
(C.30:4-123.51), to rescind the mandatory minimum period of parole
ineligibility of any inmate convicted prior to, and who is in the custody of
the Department of Corrections on, the effective date of P.L.��� , c.�� (C.�������
) (pending before the Legislature as this bill) who was sentenced in accordance
with:

����
(1)�� leader of a cargo theft network pursuant to
subsection e. of
section 4 of P.L.2013, c.58 (C.2C:20-2.4)
;

����
(2)�� crimes involving theft from a cargo carrier pursuant
to� subsection c. of
section 6 of P.L.2013, c.58 (C.2C:20-2.6)
;

����
(3)�� shoplifting pursuant to paragraph (4) of subsection
c. of N.J.S.2C:20-11;

����
(4)�� wrongful access, disclosure of information pursuant
to subsection b. of s
ection 10 of P.L.1984, c.184 (C.2C:20-31);

���� (5)�� maintaining or operating
a controlled dangerous substance production facility pursuant to N.J.S.2C:35-4;

���� (6)
���
manufacturing,
distributing, or dispensing a controlled dangerous substance or controlled
substance analog pursuant to N.J.S.2C:35-5;

���� (7)�� employing a juvenile in
a drug distribution scheme pursuant to N.J.S.2C:35-6;

���� (8)�� distribution on or
within 1,000 feet of school property pursuant to section 1 of P.L.1987, c.101
(C.2C:35-7);

���� (9)�� distribution to persons
under age 18 pursuant to section 1 of N.J.S.2C:35-8;

���� (10)

�a
mandatory term for being a repeat drug offender pursuant to subsection f. of
N.J.S.2C:43-6; except that this paragraph shall not apply to convictions for
leader of narcotics trafficking network set forth in N.J.S.2C:35-3 or

���� (11)� a mandatory term for
official misconduct, N.J.S.2C:30-2, pursuant to section 6 of P.L.2007, c.49
(C.2C:43-6.5), due to the offense involving or touching the office or
employment once held by the convicted and sentenced public officer or employee,
unless the prosecutor objects in the case of an inmate

so sentenced
in accordance with any of those paragraphs.

���� b.
��� The Commissioner of Corrections shall identify, from a
list of defendants sentenced for the enumerated crimes provided by the
Administrative Office of the Courts, those inmates in the custody of the
Department of Corrections who are eligible for resentencing under an order
issued pursuant to
subsection
a. of this
section, and provide a list of eligible inmates to the Supreme Court, the
Attorney General and county prosecutors.� No later than 60 days after receipt
of the list, the State shall determine whether there is a basis to file an
objection in any inmate�s case.

����
c.
���� A prosecutor shall not file an objection to the
retroactive modification of an inmate�s judgment of conviction pursuant to this
section without the prior approval of the Attorney General.

����
d.
��� The Attorney General shall provide to the Administrative
Director of the Courts and to the Department of Corrections notice as to the
identity of each inmate for whom a determination is made to file an objection.�
The Department of Corrections shall promptly notify the inmate and the inmate�s
attorney or, if the inmate does not have an attorney, the
Public
Defender
of the determination to file an objection
with respect to that individual.

���� e.���� (1)
In any case in which a determination is made to file an

objection to the retroactive modification of a judgment of
conviction for an inmate, the prosecutor shall file any such objection with the
Superior Court in the county where the conviction occurred
.� Any such objection shall be filed no later than 60 days
following receipt of the list from the Department of Corrections pursuant to
subsection c. of this section, or within 30 days of providing notice of a
determination to file an objection pursuant to subsection e. of this section,
whichever date is later.�

���� (2)�
For those eligible inmates as to whom the prosecutor
does not file an objection, the court may order the
retroactive modification of those inmates� judgments of conviction in
accordance with the provisions of subsection m. of
section
7 of P.L.1979, c.441 (C.30:4-123.51),
without conducting a hearing
.

����
f.
���� In the event the prosecutor files an objection,
the
inmate�s judgment of conviction shall be retroactively modified in
accordance with the provisions of subsection m. of
s
ection 7 of P.L.1979, c.441 (C.30:4-123.51)
unless
the court, after a hearing, finds by clear and convincing evidence that
rescinding the term of parole ineligibility imposed upon the inmate would
likely pose a substantial risk to public safety or that the aggravating factors
associated with rescinding or reducing, as the case may be, the term of parole
ineligibility substantially outweigh the mitigating factors of doing so.�

����
g.��� A
court that finds that an inmate�s sentence applies to
subsection m. of s
ection 7
of P.L.1979, c.441 (C.30:4-123.51)
may issue an order denying the
retroactive modification of the judgment of conviction, or in the alternative the
court may modify the judgment of conviction by rescinding the mandatory period
of parole ineligibility and sentencing the inmate to a period of discretionary
parole ineligibility.

���� h.��� Any period of parole
ineligibility imposed pursuant to subsection f. of this section shall not
result in a period of parole ineligibility in excess of the period that
otherwise would have applied under the judgment of conviction prior to
modification.

����
i.���� An
inmate who is afforded a hearing pursuant to subsection f. of this section
shall be represented by the Public Defender
,
unless the inmate retains other counsel
.

����
j.���� Nothing
in this section shall be construed to authorize the court to modify or in any
way affect any mandatory minimum term of parole ineligibility imposed pursuant
to a law other than those subject to subsection m. of
section
7 of P.L.1979,
c.441 (C.30:4-123.51).

���� 2.��� Section 7 of P.L.1979,
c.441 (C.30:4-123.51) is amended to read as follows:

���� 7.��� a.� Each adult inmate
sentenced to a term of incarceration in a county penal institution, or to a
specific term of years at the State Prison or the correctional institution for
women shall become primarily eligible for parole after having served any judicial
or statutory mandatory minimum term, or one-third of the sentence imposed where
no mandatory minimum term has been imposed less commutation time for good
behavior pursuant to N.J.S.2A:164-24 or R.S.30:4-140 and credits for diligent
application to work and other institutional assignments pursuant to P.L.1972,
c.115 (C.30:8-28.1 et seq.) or R.S.30:4-92.� Consistent with the provisions of
the New Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6, 2C:43-6,
2C:43-7), commutation and work credits shall not in any way reduce any judicial
or statutory mandatory minimum term and such credits accrued shall only be
awarded subsequent to the expiration of the term.

���� b.��� Each adult inmate
sentenced to a term of life imprisonment shall become primarily eligible for
parole after having served any judicial or statutory mandatory minimum term, or
25 years where no mandatory minimum term has been imposed less commutation time
for good behavior and credits for diligent application to work and other
institutional assignments.� If an inmate sentenced to a specific term or terms
of years is eligible for parole on a date later than the date upon which he
would be eligible if a life sentence had been imposed, then in such case the
inmate shall be eligible for parole after having served 25 years, less
commutation time for good behavior and credits for diligent application to work
and other institutional assignments.� Consistent with the provisions of the New
Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6, 2C:43-6, 2C:43-7),
commutation and work credits shall not in any way reduce any judicial or
statutory mandatory minimum term and such credits accrued shall only be awarded
subsequent to the expiration of the term.

���� c.���� Each
adult

inmate sentenced to a specific term of years pursuant to the "Controlled
Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et al.) shall become
primarily eligible for parole after having served one-third of the sentence
imposed less commutation time for good behavior and credits for diligent
application to work and other institutional assignments.

���� d.��� Each adult inmate
sentenced to an indeterminate term of years as a young adult offender pursuant
to N.J.S.2C:43-5 shall become primarily eligible for parole consideration
pursuant to a schedule of primary eligibility dates developed by the board,
less adjustment for program participation.� In no case shall the board schedule
require that the primary parole eligibility date for a young adult offender be
greater than the primary parole eligibility date required pursuant to this
section for the presumptive term for the crime authorized pursuant to
subsection f. of N.J.S.2C:44-1.

���� e.���� Each adult inmate
sentenced for an offense specified in N.J.S.2C:47-1 shall become primarily
eligible for parole as follows:

���� (1)�� If the court finds that
the offender's conduct was not characterized by a pattern of repetitive,
compulsive behavior or finds that the offender is not amenable to sex offender
treatment, or if after sentencing the Department of Corrections in its most recent
examination determines that the offender is not amenable to sex offender
treatment, the offender shall become primarily eligible for parole after having
served any judicial or statutory mandatory minimum term or one-third of the
sentence imposed where no mandatory minimum term has been imposed.� Neither
such term shall be reduced by commutation time for good behavior pursuant to
R.S.30:4-140 or credits for diligent application to work and other
institutional assignments pursuant to R.S.30:4-92.

���� (2)��
[
All other
]

Young
adult
offenders shall be eligible for parole pursuant to the provisions of
N.J.S.2C:47-5, except no offender shall become primarily eligible for parole
prior to the expiration of any judicial or statutory mandatory minimum term.

���� f.����
[
Each juvenile
inmate committed to an indeterminate term shall be immediately eligible for
parole.
]

(Deleted by amendment, P.L.2019, c.363)

���� g.��� Each adult inmate of a
county jail, workhouse or penitentiary shall become primarily eligible for
parole upon service of 60 days of his aggregate sentence or as provided for in
subsection a. of this section, whichever is greater.� Whenever any such inmate's
parole eligibility is within six months of the date of such sentence, the judge
shall state such eligibility on the record which shall satisfy all public and
inmate notice requirements.� The chief executive officer of the institution in
which county inmates are held shall generate all reports pursuant to subsection
d. of section 10 of P.L.1979, c.441 (C.30:4-123.54).� The parole board shall
have the authority to promulgate time periods applicable to the parole
processing of inmates of county penal institutions, except that no inmate may
be released prior to the primary eligibility date established by this
subsection, unless consented to by the sentencing judge.� No inmate sentenced
to a specific term of years at the State Prison or the correctional institution
for women shall become primarily eligible for parole until service of a full
nine months of his aggregate sentence.

���� h.��� When an inmate is
sentenced to more than one term of imprisonment, the primary parole eligibility
terms calculated pursuant to this section shall be aggregated by the board for
the purpose of determining the primary parole eligibility date
[
, except that
no juvenile commitment shall be aggregated with any adult sentence
]
.� The board
shall promulgate rules and regulations to govern aggregation under this
subsection.

���� i.���� The primary eligibility
date shall be computed by a designated representative of the board and made
known to the inmate in writing not later than 90 days following the
commencement of the sentence.� In the case of an inmate sentenced to a county
penal institution such notice shall be made pursuant to subsection g. of this
section.� Each inmate shall be given the opportunity to acknowledge in writing
the receipt of such computation.� Failure or refusal by the inmate to
acknowledge the receipt of such computation shall be recorded by the board but
shall not constitute a violation of this subsection.

���� j.���� Except as provided in
this subsection, each inmate sentenced pursuant to N.J.S.2A:113-4 for a term of
life imprisonment, N.J.S.2A:164-17 for a fixed minimum and maximum term or
subsection b. of N.J.S.2C:1-1 shall not be primarily eligible for parole on a
date computed pursuant to this section, but shall be primarily eligible on a
date computed pursuant to P.L.1948, c.84 (C.30:4-123.1 et seq.), which is
continued in effect for this purpose.� Inmates classified as second, third or
fourth offenders pursuant to section 12 of P.L.1948, c.84 (C.30:4-123.12) shall
become primarily eligible for parole after serving one-third, one-half or
two-thirds of the maximum sentence imposed, respectively, less in each instance
commutation time for good behavior and credits for diligent application to work
and other institutional assignments; provided, however, that if the prosecuting
attorney or the sentencing court advises the board that the punitive aspects of
the sentence imposed on such inmates will not have been fulfilled by the time
of parole eligibility calculated pursuant to this subsection, then the inmate
shall not become primarily eligible for parole until serving an additional
period which shall be one-half of the difference between the primary parole
eligibility date calculated pursuant to this subsection and the parole
eligibility date calculated pursuant to section 12 of P.L.1948, c.84
(C.30:4-123.12).� If the prosecuting attorney or the sentencing court advises
the board that the punitive aspects of the sentence have not been fulfilled,
such advice need not be supported by reasons and will be deemed conclusive and
final.� Any such decision shall not be subject to judicial review except to the
extent mandated by the New Jersey and United States Constitutions.� The board
shall, reasonably prior to considering any such case, advise the prosecuting
attorney and the sentencing court of all information relevant to such inmate's
parole eligibility.

���� k.��� Notwithstanding any
provisions of this section to the contrary, a person sentenced to imprisonment
pursuant to paragraph (2), (3) or (4)� of subsection b. of N.J.S.2C:11-3 shall
not be eligible for parole.

���� l.����
[
Notwithstanding
the provisions of subsections a. through j. of this section, the appropriate
board panel, as provided in section 1 of P.L.1997, c.214 (C.30:4-123.51c), may
release an inmate serving a sentence of imprisonment on medical parole at any
time.
]
(Deleted
by amendment, P.L.��� , c.�� (pending before the Legislature as this bill)

����
m.�� A person serving a
custodial sentence on the effective date of P.L.���� , c.���� (C.���� )(pending
before the Legislature as this bill) and subject to a mandatory minimum term of
parole ineligibility pursuant to
subsection e. of
section
4 of P.L.2013, c.58 (C.2C:20-2.4)
, subsection c. of
section
6 of P.L.2013, c.58 (C.2C:20-2.6)
, paragraph (4) of
subsection c. of N.J.S.2C:20-11, subsection b. of s
ection 10 of
P.L.1984, c.184 (C.2C:20-31), N.J.S.2C:35-4, N.J.S.2C:35-5, N.J.S.2C:35-6,
section 1 of P.L.1987, c.101 (C.2C:35-7), N.J.S.2C:35-8, or subsection f. of
N.J.S.2C:43-6 shall be eligible for parole after the effective date of P.L.���
, c.�� (C.������� ) (pending before the Legislature as this bill) in accordance
with subsection a. of section 1 of P.L.��� , c.�� (C.������� ) (pending before
the Legislature as this bill).�

(cf: P.L.2019, c.363, s.10)

���� 3.��� The Commissioner of
Corrections shall conduct a study on the anticipated expenses to upgrade the
department�s existing data infrastructure in order to improve its ability to
collect, track, and analyze data related to the criminal justice system.� The
commission shall within six months of the effective date of P.L.���� , c.���
(pending before the Legislature as this bill) submit a report to the Governor,
and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1)
with recommendations for additional funding necessary for the department to
invest in upgrades to its data infrastructure.

���� 4.��� Section 5 of P.L.1967,
c.43 (C.2A:158A-5) is amended to read as follows:

���� It shall be the duty of the
Public Defender to provide for the legal representation of any indigent
defendant who is formally charged with the commission of an indictable offense.

���� All necessary services and
facilities of representation (including investigation and other preparation)
shall be provided in every case.� The factors of need and real value to a
defense may be weighed against the financial constraints of the Public Defender's
office in determining what are the necessary services and facilities of
representation.

���� Representation as herein
provided for shall include any direct appeal from conviction and such
post-conviction proceedings as would warrant the assignment of counsel pursuant
to the court rules.

���� Representation for indigent
defendants (a) may be provided in any federal court in any matter arising out
of or relating to an action pending or recently pending in a court of criminal
jurisdiction of this State and (b) may be provided in any federal court in this
State where indigent defendants are charged with the commission of a federal
criminal offense and where the representation is under a plan adopted pursuant
to the Criminal Justice Act of 1964 (18 U.S.C. s. 3006A).

����
The Public
Defender also shall provide for the legal representation of any eligible inmate
who is serving a custodial prison sentence
in
matters in which a prosecutor objects to the retroactive modification of a
judgment of conviction in accordance with section 1 of P.L.��� , c.��� (C.���
)(pending before the Legislature as this
bill).

(cf: P.L.1987, c.170, s.2)

���� 5.��� This act shall take
effect
on the first day of the sixth month following
the date of enactment, provided however, that the Supreme Court, Administrative
Director of the Courts, Commissioner of Corrections, Public Defender, Attorney
General and county prosecutors may take such anticipatory action as deemed
necessary to effectuate the provisions of this act.� This act shall expire upon
the entry of final orders in accordance with section 1 of this act with respect
to all inmates eligible for resentencing under this act.

STATEMENT

����� This bill, concerns criminal justice, with an
emphasis on the retroactive modification of inmates� existing sentences with
mandatory minimum terms of imprisonment, which under current law are typically
fixed at, or between, one-third and one-half of the sentence imposed, by:

����� (1)� permitting the retroactive modification of
judgments of conviction to rescind mandatory minimum periods of parole
ineligibility for any inmates who were State or local officers or employees
convicted of official misconduct, N.J.S.2C:30-2, pursuant to section 6 of
P.L.2007, c.49 (C.2C:43-6.5), due to the offense involving or touching the
office or employment they once held; and

����� (2)� implementing several of the recommendations
contained in the first annual report of the New Jersey Criminal Sentencing and
Disposition Commission (the CSDC), created by P.L.2009, c.81 (C.2C:48A-1 et
seq.) but delayed in being constituted and actively reviewing the State�s
sentencing laws, which recommendations mostly deal with the retroactive
modification of judgments of conviction that would rescind mandatory minimum
periods of parole ineligibility for inmates convicted of various nonviolent
drug-related and property crimes.� For category (2), the bill represents the
retroactive application of Recommendations 1 and 3 of the commission�s report
(presented as Recommendation 4), issued in November 2019.

����� Additionally, the bill would require
the Commissioner of Corrections to conduct a study of the
Department of Correction�s anticipated expenses to upgrade the department�s
data infrastructure in order to improve the collection, tracking, and analysis
of data related to the criminal justice system, which is based on the
commission�s Recommendation 9, calling for funding for this purpose.

����� With respect to the retroactive modification of
judgments to rescind mandatory minimum periods of parole ineligibility, the
commissioner would identify inmates who were sentenced for any of the following
offenses prior to the bill�s effective date (the first day of the sixth month
following enactment), and who are in the custody of the Department of
Corrections, as eligible for resentencing in accordance with the bill�s
procedures:

����� -a mandatory term for official misconduct,
N.J.S.2C:30-2, pursuant to section 6 of P.L.2007, c.49 (C.2C:43-6.5), due to
the offense involving or touching the public office or employment they once
held;

�����
-maintaining or operating a controlled dangerous substance
production facility used to manufacture methamphetamine, lysergic acid
diethylamide (LSD), phencyclidine (PCP or �angel dust�), gamma hydroxybutyrate
(e.g, one form of �date rape� drug), flunitrazepam (e.g., �Rohypnol� or
�roofies,� another �date rape� drug), marijuana in an amount greater than five
pounds or ten plants or any substance listed in Schedule I or II,
see

N.J.S.2C:35-4;

����� -manufacturing, distributing, or dispensing heroin or
coca leaves in a quantity of five ounces or more, lysergic acid diethylamide
(LSD) in a quantity of 100 milligrams or more, or phencyclidine (PCP or �angel
dust�) in a quantity of 10 grams or more,
see
paragraphs (1) and (6) of
subsection b. of N.J.S.2C:35-5;

����� -employing a juvenile in a drug distribution scheme,
see

N.J.S.2C:35-6;

����� -distribution of a controlled dangerous substance on
or within 1,000 feet of school property,
see
subsection a. of section 1
of P.L.1987, c.101 (C.2C:35-7);

����� -distribution of a controlled dangerous substance to
persons under the age of 18 years or pregnant females,
see

N.J.S.2C:35-8;

����� -a repeat drug offender, with a conviction for any of
the above listed crimes other than N.J.S.2C:35-8, distribution to persons under
the age of 18 years or pregnant females, plus a previous conviction under
N.J.S.2C:35-5 for manufacturing, distributing, dispensing, or possessing with
intent to manufacture, dispense, or distribute a controlled dangerous
substance,
unless that repeat offender is serving a mandatory term for
being a leader of a narcotics trafficking network, N.J.S.2C:35-3, which term
could not be modified;

�����
-a second or subsequent offense as leader
of a cargo theft network,
see
subsection e. of section 4 of P.L.2013,
c.58 (C.2C:20-2.4);

����� -a second or subsequent offense involving
theft from a cargo carrier,
see
subsection c. of section 6 of P.L.2013,
c.58 (C.2C:20-2.6);

����� -a third or subsequent offense for
shoplifting,
see
paragraph (4) of subsection c. of N.J.S.2C:20-11; and

����� -wrongful electronic access and
disclosure of information,
see
subsection b. of section 10 of P.L.1984,
c.184 (C.2C:20-31).

����� The list of eligible inmates would be provided to the
Supreme Court, the Attorney General, and county prosecutors by the Commissioner
of Corrections.� The Supreme Court could issue an order affecting inmates
appearing on the commissioner�s list, either rescinding or reducing mandatory
minimum periods of parole ineligibility, as applicable per the above described
offenses, unless there is an objection made against an inmate.

����� The Attorney General and county prosecutors, with the
prior approval of the Attorney General, could file objections against the
potential resentencing of any inmate appearing on the list.� Any such objection
would have to be filed in Superior Court in the county in which the conviction
occurred, no later than 60 days following receipt of the list from the
commissioner, or within 30 days of providing notice to the Administrative
Office of the Courts and Department of Corrections of an initial determination to
file an objection, whichever date was later.�

����� Anytime the department was notified of a
determination to file an objection against an inmate�s resentencing, the
department would be required to promptly notify the inmate and the inmate�s
attorney, or the Public Defender if an inmate did not have an attorney.� The
Public Defender would be required to represent any inmate concerning an
objection to resentencing if that inmate was not represented by an attorney.�
If, after making an initial determination to file an objection, no such
objection is filed against an inmate, a court could proceed with resentencing
that inmate without conducting a hearing.

����� The bill provides that resentencing should be
ordered, even when objected to, unless the court finds by clear and convincing
evidence after holding a hearing that
rescinding
a term of parole
eligibility previously imposed would likely pose a substantial risk to public
safety, or that the aggravating factors associated with
rescinding or
reducing
, as the case may be, a term of parole ineligibility substantially
outweigh the mitigating factors of doing so.

����� For inmates whose mandatory period of parole
ineligibility is rescinded, the court would modify the original sentence to
impose a period of discretionary parole ineligibility.� For inmates whose fixed
minimum terms of imprisonment were reduced from 85 percent of the sentence
imposed to 50 percent of that sentence, the court would add an additional
period of discretionary parole ineligibility.� Any such period of parole
ineligibility imposed pursuant to the bill�s resentencing procedures could not
result in a period of parole ineligibility in excess of the period that
otherwise would have been imposed under an inmate�s original sentence. ���������

���� Regarding the aforementioned
study of anticipated expenses for upgrading the Department
of Correction�s data infrastructure, the bill would require the Commissioner of
Corrections to submit a report on this study to the Governor and Legislature
within six months of the bill�s effective date.� This report would include
recommendations for additional funding found necessary for the department to
invest in upgrades to its data infrastructure to improve the collection,
tracking, and analysis of data related to the criminal justice system.