This bill amends New Jersey's sentencing laws to introduce new mitigating factors for defendants who are victims of domestic violence or substantial abuse. It allows courts to consider a defendant's status as a victim of such abuse as a mitigating factor during sentencing, regardless of whether this was raised as a defense. The bill also establishes criteria for resentencing, enabling defendants who meet specific conditions—such as being incarcerated for a crime related to their victim status—to petition the court for a reduction or modification of their sentence. Additionally, it outlines specific sentencing guidelines for defendants identified as victims of domestic violence, allowing for reduced terms of imprisonment based on the severity of the crime.
Moreover, the bill sets forth a process for defendants to seek resentencing, including requirements for the court to hold a hearing within 180 days and conditions under which a motion may be granted without a hearing if unopposed by the prosecutor. It mandates the development of a form for initiating this process, ensuring accessibility in multiple languages across correctional facilities and courts. The Commissioner of Corrections is required to notify eligible incarcerated individuals about their right to seek resentencing, while the Administrative Office of the Courts must create a training program for judges and judicial personnel. The bill emphasizes confidentiality for all applications related to resentencing and allows for appeals from denied motions and new sentences imposed, aiming to provide a more compassionate approach to justice for victims of domestic violence.