This bill amends N.J.S.2C:44-1 to introduce a new mitigating factor for sentencing that acknowledges defendants who are victims of domestic violence. It allows courts to consider whether the defendant experienced substantial physical, sexual, or psychological abuse from a current or former spouse, household member, or dating partner, and if this abuse influenced their criminal actions. Additionally, the bill provides a mechanism for individuals convicted of offenses prior to its enactment to petition for resentencing if they meet specific criteria, such as serving an eight-year or longer sentence and being eligible for a lesser sentence had the new mitigating factor been available during their original sentencing.

The bill also outlines the process for applying for resentencing, requiring corroborating evidence of domestic violence, and mandates that the court conduct a hearing to assess the application. If the court determines that the applicant qualifies, it may impose a new sentence that reflects the mitigating circumstances, potentially allowing for probation or reduced prison terms. Furthermore, the bill emphasizes the need for trauma-informed support services, mandating mental health counseling, vocational training, and housing assistance for those affected by domestic violence. The Department of Corrections is tasked with developing guidelines for community-based reentry programs and establishing a grant program to improve access to trained mental health service providers, thereby facilitating the successful reintegration of justice-impacted individuals into society.