ASSEMBLY, No. 685

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ZISA

An Act concerning presentence reports and amending N.J.S.2C:44-6.

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

    1. N.J.S. 2C:44-6 is amended to read as follows:

    2C:44-6. Procedure on Sentence; Presentence Investigation and Report.

    a. The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation when required by Rules of Court. The court may order a presentence investigation in any other case.

    b. The presentence investigation shall include an analysis of the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, family situation, financial resources, debts, including any amount owed for a fine, assessment or restitution ordered in accordance to the provisions of Title 2C, employment history, personal habits[,] and the disposition and the reasons for the disposition of any charge made against the defendant or any codefendants, including but not limited to any charges dismissed pursuant to N.J.S. 2C:4-6, and may include [a report on his physical and mental condition and] any other matters that the probation officer deems relevant or the court directs to be included. The presentence report shall also include a report on the defendant's physical and mental condition. The presentence report shall also include a report on any compensation paid by the Violent Crimes Compensation Board as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within 20 days of notification by the probation department.

    The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance.

    c. [If, after the presentence investigation, the court desires additional information concerning an offender convicted of an offense before imposing sentence, it may order that he be examined as to his medical or mental condition, except that he may not be committed to an institution for such examination] Deleted by amendment. P.L. , c.    (C. )(now pending before the Legislature as this bill).

    d. Disclosure of any presentence investigation report or psychiatric examination report shall be in accordance with law and the Rules of Court, except that information concerning the defendant's financial resources shall be made available upon request to the Violent Crimes Compensation Board or to any officer authorized under the provisions of N.J.S.2C:46-4 to collect payment on an assessment, restitution or fine.

    e. The court shall not impose a sentence of imprisonment for an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.

    f. (Deleted by amendment, P.L.1986, c.85).

(cf: P.L.1991, c.329, s.7)

    2. This act shall take effect immediately.

STATEMENT

    This bill would require the presentence report to include information concerning any prior disposition of charges against the defendant, including any dismissals as a result of a determination that the defendant was mentally incompetent to stand trial. The bill would also mandate that all presentence reports include a report on the defendant's physical and mental condition.

Requires presentence reports to note when charges are dismissed due to mental incompetency; mandates a report on the defendant's physical and mental condition.