A3091

An Act concerning certain juvenile defendants and supplementing Title 2C of the New Jersey Statutes and Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. The United States Supreme Court has recognized that juveniles are biologically and psychologically unlike adults in ways that render them “constitutionally different . . . for purposes of sentencing.” Miller v. Alabama, 132 S.Ct. 2455, 2464 (2012).

b. Drawing on developments in neuroscience and developmental psychology, the United States Supreme Court has recognized that juveniles are impulsive, lacking in foresight, and acutely susceptible to peer pressure.

c. As a result, when juveniles offend, they do so with diminished culpability.

d. An equally notable feature of youth is that these shortcomings are transient. Countless studies show that a vast majority of juvenile offenders, even those who commit egregious crimes, will mature into law-abiding citizens.

e. Recognizing these twin facets of youth, i.e., diminished blameworthiness and enhanced capacity for rehabilitation, the United States Supreme Court has invalidated a series of laws that exposed juveniles to the harshest sanctions.

f. The United States Supreme Court has made clear that children under the age of 18 can only be sentenced to life without parole in rare cases where the juvenile displays “irreparable corruption.” Montgomery v. Louisiana, 136 S.Ct. 718, 726 (2016).

g. The New Jersey Supreme Court recently declared that the same concerns that animated the United States Supreme Court’s decisions “apply to sentences that are the practical equivalent of life without parole,” such as sentences of 55 and 68 years of parole ineligibility. State v. Zuber 227 N.J. 422 (2017).

h. The New Jersey Supreme Court recommended in State v. Zuber that the Legislature act “to stave off possible future constitutional challenges to the current sentencing scheme” by “enacting a scheme that provides for later review of juvenile sentences with lengthy periods of parole ineligibility, and to consider whether defendants should be entitled to appointed counsel at that hearing.”

2. In sentencing a juvenile offender, in addition to any other factors the court is required to consider, the court also shall consider the following mitigating factors:

a. the defendant’s age at the time of the offense;

b. the role of the attendant characteristics of youth in the offense, including:

(1) impulsivity;

(2) risk-taking behavior;

(3) immaturity; and

(4) susceptibility to peer pressure; and

c. any obstacle the defendant may have faced as a child including:

(1) parental abuse or neglect;

(2) developmental disorders;

(3) substance abuse;

(4) addiction;

(5) trauma;

(6) poverty; and

(7) lack of education.

3. Notwithstanding any provision of law to the contrary, any juvenile defendant who is tried as an adult and receives an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more may petition the court for resentencing pursuant to the provisions of this section.

a. A motion for resentencing pursuant to this section may be filed any time after 10 years following the date of conviction.

b. A defendant shall be prohibited from making more than one motion pursuant to this section. Nothing in this act shall prohibit a defendant from pursuing resentencing under any other provision of Title 2C of the New Jersey Statutes or the Rules of Court.

c. Upon the filing of a motion for resentencing under this section, the court shall conduct a hearing unless it is convinced that the defendant:

(1) was not a juvenile who was tried as an adult;

(2) did not receive an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more;

(3) received an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more within the last 10 years; or

(4) has previously sought relief under this act.

d. A defendant shall be represented by the Office of the Public Defender, unless the defendant chooses to be represented by pro bono counsel or retains private counsel at the defendant’s expense.

e. At the hearing, the court shall determine whether the offense for which the defendant was convicted while a juvenile was the result of mitigating qualities of youth or whether the offense reflects irreparable corruption by consideration of the following factors:

(1) the defendant’s age at the time of the offense;

(2) the role of the attendant characteristics of youth in the offense, including:

(a) impulsivity;

(b) risk-taking behavior;

(d) susceptibility to peer pressure;

(3) any obstacle the defendant may have faced as a child including:

(a) parental abuse or neglect;

(b) developmental disorders;

(d) addiction;

(e) trauma;

(f) poverty; and

(g) lack of education;

(4) any effort the defendant has made prior to and while incarcerated to overcome the obstacles set forth in paragraph (3) of this subsection;

(5) the defendant’s attempt at rehabilitation since incarceration, including but not limited to, participation in available rehabilitative, educational, or other programs;

(6) whether the defendant poses the same risk to society that the defendant posed at the time of the initial sentence; and

(7) any additional evidence of maturity, growth, self-improvement, and consideration of the welfare of others.

f. If the court finds that the offense for which the defendant was convicted while a juvenile was the result of the mitigating qualities of youth, the defendant shall be resentenced to a term that allows the defendant a meaningful opportunity for release. If the court finds the offense reflects irreparable corruption, the defendant shall not be resentenced.

4. Notwithstanding any provision of law to the contrary, any juvenile defendant who is tried as an adult and receives an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more shall be eligible for parole according to the "Parole Act of 1979," P.L.1979, c.441 (C.30:4-123.45 et seq.) and the provisions of this section.

a. Any juvenile defendant tried as an adult shall be eligible for a parole hearing no later than 20 years after being incarcerated.

b. At the parole hearing, the State Parole Board shall consider the age of the juvenile when the offense was committed, the mitigating qualities of youth, and enhanced potential for rehabilitation of juveniles.

c. The State Parole Board shall allow the defendant to testify and call witnesses, including expert witnesses.

d. Any testimony shall be recorded or transcribed.

e. Any determination by the State Parole Board under this act shall include a written record explaining the board’s decision and its reasoning, giving specific consideration to subsection b. of this section.

f. If the State Parole Board denies parole under this act, any future eligibility term shall not exceed 48 months.

g. A defendant proceeding under this section shall be represented by the Office of the Public Defender, unless the defendant chooses to be represented by pro bono counsel or retains private counsel at the defendant’s expense.

5. This act shall take effect immediately and shall apply retroactively to a juvenile defendant sentenced prior to the effective date of this act.

STATEMENT

This bill requires the court to consider mitigating factors related to youth when sentencing juveniles as adults. The bill also provides an opportunity for resentencing for juveniles whose sentence amounts to life without parole eligibility and establishes parole eligibility for these juveniles.

Specifically under the bill, the court is required to consider the following mitigating factors when sentencing a juvenile offender:

(1) he defendant’s age at the time of the offense;

(2) the role of the attendant characteristics of youth in the offense, including impulsivity, risk-taking behavior, immaturity, and susceptibility to peer pressure; and

(3) obstacles the defendant may have faced as a child, such as parental abuse or neglect, developmental disorders, substance abuse, addiction, trauma, poverty, and lack of education.

Also under the bill, a juvenile defendant who is tried as an adult and receives an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more is eligible to petition the court for a resentencing hearing any time after 10 years following the date of conviction. The defendant has the right to counsel at the hearing. At the resentencing hearing, the court is to determine whether the offense for which the defendant was convicted while a juvenile was the result of mitigating qualities of youth or whether the offense reflects irreparable corruption. This determination is to be made by consideration of the following factors:

(1) the defendant’s age at the time of the offense;

(2) the role of the attendant characteristics of youth in the offense, including impulsivity, risk-taking behavior, immaturity, and susceptibility to peer pressure;

(3) obstacles the defendant may have faced as a child, such as parental abuse or neglect, developmental disorders, substance abuse, addiction, trauma, poverty, and lack of education;

(4) any effort the defendant has made prior to and while incarcerated to overcome these obstacles;

(5) the defendant’s attempt at rehabilitation since incarceration, including but not limited to, participation in available rehabilitative, educational, or other programs;

(6) whether the defendant poses the same risk to society that the defendant posed at the time of the initial sentence; and

(7) evidence of maturity, growth, self-improvement and consideration of the welfare of others.

A juvenile who has been sentenced to incarceration for 20 years or more within the last 10 years is not eligible for a resentencing hearing. Defendants are eligible for only one resentencing hearing.

If the court finds that the offense for which the defendant was convicted while a juvenile was the result of the mitigating qualities of youth, the defendant is to be resentenced to a term that allows the defendant a meaningful opportunity for release. If the court finds the offense reflects irreparable corruption, the defendant is not to be resentenced.

The bill also specifies that a juvenile defendant who is tried as an adult and receives an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more is to be eligible for parole no later than 20 years after being incarcerated. At the parole hearing, the State Parole Board is to consider the age of the juvenile, the mitigating qualities of youth, and enhanced potential for rehabilitation of juveniles. The defendant is entitled to counsel and may testify and call witnesses, including expert witnesses. The testimony is to be recorded or transcribed. A determination by the State Parole Board is required to be in writing. If parole is denied, any future eligibility term is not to exceed 48 months.