This bill amends New Jersey law to require juries, rather than judges, to determine if defendants qualify as persistent offenders. A persistent offender is defined as someone 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 one. The bill stipulates that a jury must unanimously find beyond a reasonable doubt that the defendant has committed prior offenses on separate occasions, aligning with recent rulings from the U.S. Supreme Court and the New Jersey Supreme Court. It also outlines that the court may impose an extended term of imprisonment for persistent offenders only if specific legal grounds are established.

Furthermore, the bill modifies sentencing provisions for certain 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 clarifies that prior convictions must be proven according to existing legal standards and removes the need for a hearing to establish grounds for sentencing, thereby streamlining the process for imposing extended terms. Additionally, it mandates that predicate enhancing facts must be presented to a grand jury and included in the indictment, or the defendant must waive their right to indictment, ensuring a more structured approach to determining persistent offender status.

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