SENATE, No. 1484

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 19, 1996

By Senators KOSCO, LITTELL and Rice

An Act concerning certain youthful offenders and amending P.L.1995, c.330.

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

    1. Section 3 of P.L.1995, c.330 (C.52:17B-183) is amended to read as follows:

    3.    As used in this act:

    a.    "Commission" means the Juvenile Justice Commission in, but not of, the Department of Law and Public Safety established pursuant to P.L.1995, c.284 (C.52:17B-169 et seq.).

    b.    "Commissioner" means the Commissioner of the Department of Corrections.

    c.    "Juvenile offender" means a person at least 14 years old at the time of disposition who has been adjudicated delinquent for an act which, if committed by an adult, would constitute a crime, excluding an adjudication for any act which would constitute a crime of the first degree or a crime under chapter 14 of Title 2C of the New Jersey Statutes.

    d.    "Youthful offender" means a person between 18 and 26 years of age who has been convicted of a crime [of the third or fourth degree or convicted of a crime of the second degree but sentenced pursuant to paragraph (2) of subsection f. of N.J.S.2C:44-1 to a term appropriate to a crime of the third degree], excluding any person convicted of:

    (1) a crime of the first degree;

    (2) a crime under chapter 14 of Title 2C of the New Jersey Statutes;

    (3) [or convicted of any] a crime which requires the imposition of a mandatory term of imprisonment without eligibility for parole, unless the person has less than one year of the mandatory portion of the sentence remaining; or

    (4) a crime of the second degree under any of the following: N.J.S.2C:11-4, N.J.S.2C:12-1, N.J.S.2C:13-1, N.J.S.2C:15-1, N.J.S.2C:18-2 or N.J.S.2C:39-4 for possession of a weapon with the purpose of using it unlawfully against the person of another.

(cf: P.L.1995, c.330, s.3)

    2. This act shall take effect immediately.

STATEMENT

    This bill would expand the number of youthful offenders who would be eligible for participation in the "Stabilization and Reintegration Program" established by P.L.1995, c.330.

    Under the statute, the Department of Corrections may assign certain offenders between the ages of 18 and 26 to the "SRP," which consists of both a highly structured residential program of physical exercise, work, education and psychological counseling, and an intensive follow-up program of "after-care" involving work opportunities and vocational training.

    Currently, only certain youthful offenders who have been convicted of third or fourth degree crimes are eligible to participate in the "SRP" program. The statute prohibits the participation of all offenders convicted of crimes of the first and second degree (except for those second degree offenders sentenced as third degree offenders pursuant to N.J.S.A.2C:44-1), all persons convicted of sexual assault and criminal sexual contact, and all persons convicted of crimes requiring the imposition of mandatory terms of imprisonment.

    Under the bill, eligibility for the program would be broadened to include more persons convicted of second, third and fourth degree crimes, including those crimes involving the imposition of mandatory terms of imprisonment if the offender has no more than one year remaining in the mandatory portion of his sentence.

     The bill, like current law, would still bar all sex offenders from participating in the program. The bill also provides that only those second degree offenders who were convicted of non-violent crimes are eligible to participate.

Broadens the pool of youthful offenders eligible for participation in the "Stabilization and Reintegration Program."