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 substantial physical, sexual, or psychological abuse inflicted by a current or former spouse, household member, or dating partner as a contributing factor to the defendant's criminal behavior. Additionally, the bill provides a mechanism for resentencing individuals convicted of offenses prior to its enactment, enabling them to petition for a reduced sentence if they have served eight years or more and would have qualified 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 a court hearing to assess the application. If the court determines that the applicant meets the necessary criteria, it may impose a new sentence that reflects the established mitigating factor, with specific terms for different degrees of crimes. Furthermore, the bill emphasizes the need for trauma-informed reentry support services, mandating the development of community-based programs that provide mental health counseling, vocational training, and housing assistance, particularly from trained, justice-impacted individuals. The Department of Corrections is tasked with establishing a grant program to support these initiatives, ensuring that mental health service providers are equipped to assist trauma-involved reentry survivors.