This bill amends New Jersey law to shift the responsibility of determining whether defendants qualify as persistent offenders from judges to juries. A persistent offender is defined as an individual who is at least 21 years old and has been convicted of two separate crimes at different times, with the latest offense occurring within ten years of the current charge. The bill requires that juries must unanimously find beyond a reasonable doubt that the defendant has committed prior offenses on separate occasions. It also clarifies the definition of a persistent offender and outlines the criteria for imposing an extended term of imprisonment, ensuring that these criteria align with recent rulings from the United States Supreme Court and the New Jersey Supreme Court.

Furthermore, the bill modifies sentencing procedures for specific crimes, such as motor vehicle theft and shoplifting, by eliminating the requirement for a prosecutor's request for an extended term of imprisonment. Instead, it allows for automatic extended sentencing if the defendant has two or more prior convictions for similar offenses. The bill streamlines the process by clarifying that prior convictions must be proven according to existing legal standards and removes the need for a hearing to establish grounds for sentencing. It also mandates that any predicate enhancing facts must be presented to a grand jury and included in the indictment, or the defendant must waive their right to indictment, thereby ensuring compliance with constitutional standards and providing clear guidance for the judicial process.

Statutes affected:
Introduced: 2C:20-10.3, 2C:20-11.3, 2C:43-7.1