This bill amends New Jersey's sentencing laws to introduce a new mitigating factor for 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 contributed to their criminal behavior. The legislation also establishes a process for resentencing individuals convicted before the bill's enactment, provided they meet specific criteria, such as serving a sentence of eight years or more and being eligible for a lesser sentence had the new mitigating factor been available during their original sentencing.
Furthermore, the bill outlines the procedures for applying for resentencing, which includes the necessity of corroborating evidence of domestic violence and the involvement of the Public Defender in representing eligible defendants. Courts are required to conduct hearings to assess whether resentencing is warranted, taking into account factors like the applicant's institutional record and participation in rehabilitation programs. The bill also emphasizes the provision of trauma-informed support services, mandating mental health counseling, vocational training, and housing assistance for those affected by domestic violence, while tasking the Department of Corrections with developing community-based reentry programs and a grant program to enhance access to trained mental health service providers.