The bill introduces new definitions and classifications for home invasion burglary and residential burglary in New Jersey, categorizing home invasion burglary as a first-degree crime and residential burglary as a second-degree crime unless the actor can prove they reasonably believed no one was present. It also amends existing laws regarding juvenile delinquency, allowing prosecutors to seek waiver of jurisdiction without juvenile consent for serious offenses. Additionally, the bill establishes a framework for the rehabilitation of individuals with substance use disorders facing incarceration, detailing the criteria for special probation and the conditions for treatment compliance, including drug testing and eligibility restrictions based on the severity of the crime.
Moreover, the bill enhances the expungement process for individuals who have successfully completed special probation and treatment for substance use disorders, allowing them to apply for expungement without the usual fees or restrictions. It also introduces provisions for individuals previously convicted of child endangerment offenses to seek expungement after ten years, provided they meet specific criteria. The legislation further imposes stricter sentencing guidelines for crimes involving machine guns or assault firearms, establishing mandatory minimum prison terms and requiring individuals to serve a significant portion of their sentence before being eligible for parole. Overall, the bill aims to improve public safety while promoting rehabilitation and accountability for individuals with substance use issues.
Statutes affected: Pamphlet Law: 2A:4A-26.1, 2C:43-7.2, 34:8-44