This bill amends N.J.S.2C:44-1 to introduce a new mitigating factor for sentencing defendants who are survivors of abuse. Specifically, it allows courts to consider whether the defendant suffered physical, sexual, or emotional abuse, and if such abuse contributed to their criminal behavior. This addition aims to provide a more nuanced understanding of the circumstances surrounding a defendant's actions, recognizing the impact of past trauma on their behavior.
Currently, the law outlines 14 mitigating factors that judges may consider when determining sentences, but none address the experiences of abuse survivors. By incorporating this new factor, the bill aligns with recommendations from the New Jersey Criminal Sentencing and Disposition Commission, emphasizing the need for a more compassionate approach to sentencing that acknowledges the complexities of individual cases involving abuse. The bill is set to take effect immediately upon passage.