This bill amends New Jersey's sentencing laws to introduce a new mitigating factor for defendants who are victims of domestic violence, allowing courts to consider substantial physical, sexual, or psychological abuse by a current or former spouse, household member, or dating partner as a contributing factor to their criminal behavior. It also establishes a process for resentencing individuals convicted prior to the bill's enactment, provided they meet specific criteria, such as serving a lengthy sentence and being eligible for a lesser sentence had the new mitigating factor been available during their original sentencing. The bill outlines the procedures for applying for resentencing, including the need for corroborating evidence of domestic violence and the involvement of the Public Defender in representing eligible defendants.
Additionally, the bill emphasizes trauma-informed support services for individuals affected by domestic violence, mandating mental health counseling, vocational training, and housing assistance for those sentenced or resentenced under its provisions. The Department of Corrections is tasked with developing guidelines for community-based reentry programs and establishing a grant program to enhance the availability of trained mental health service providers. This initiative aims to ensure that trauma-informed care is accessible to justice-impacted individuals, promoting their successful reintegration into society. The bill draws inspiration from similar legislation in New York and recommendations from the New Jersey Criminal Sentencing and Disposition Commission.