Bill Text: NJ AJR178 | 2016-2017 | Regular Session | Introduced
Bill Title: Creates task force to address juvenile parole eligibility.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-12-20 - Introduced, 1st Reading without Reference, 2nd Reading [AJR178 Detail]
Download: New_Jersey-2016-AJR178-Introduced.html
No. 178
STATE OF NEW JERSEY
217th LEGISLATURE
INTRODUCED DECEMBER 20, 2017
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Creates task force to address juvenile parole eligibility.
CURRENT VERSION OF TEXT
As introduced.
A Joint Resolution establishing the "Commission to Review Constructive Sentences of Life Imprisonment on Juvenile Offenders."
Whereas, In a series of seminal cases decided since 2005, the United States Supreme Court has increasingly recognized for sentencing purposes how juveniles are different from adults and how those differences, such as age, immaturity, and potential for rehabilitation, render lifetime imprisonment cruel and unusual punishment in violation of the Eighth Amendment; and
Whereas, In Roper v. Simmons, 543 U.S. 551 (2005), the United States Supreme Court held that juveniles are less culpable than adults due to lack of maturity, susceptibility to negative influences and peer pressure, and premature character development, and therefore, the imposition of the death penalty on a juvenile offender under 18 years of age is unconstitutional; and
Whereas, In Graham v. Florida, 560 U.S. 48 (2010), the United States Supreme Court prohibited a sentence of life without possibility of parole for a juvenile offender who committed a nonhomicide offense on the grounds that there was no adequate penal justification for the sentence and under the sentence a juvenile offender was improperly denied a chance to demonstrate growth, maturity, and rehabilitation; the court further noted that its holding did not guarantee a juvenile's eventual release from incarceration, but rather a meaningful opportunity for release; and
Whereas, In Miller v. Alabama, 567 U.S. 460 (2012), the United States Supreme Court held that mandatory life without parole for juveniles convicted of any offense is unconstitutional and that there must be an opportunity for the judge or jury to consider mitigating factors associated with youth before imposing the most severe punishment; and
Whereas, The United States Supreme Court held in Montgomery v. Louisiana, 136 S. Ct. 718 (2016) that the holding in Miller v. Alabama banning life imprisonment without parole was retroactive; and
Whereas, Based on these United States Supreme Court rulings, the New Jersey Supreme Court recently held in State v. Zuber, 227 N.J. 422 (2017) that judges in this State are required to evaluate the mitigating factors relating to youth enumerated in Miller v. Alabama when a juvenile offender faces an aggregate sentence of imprisonment that amounts to the practical equivalent of life without parole; and
Whereas, Recognizing in State v. Zuber that consideration of the Miller factors still may result in lengthy sentences, to avoid future constitutional infirmities, the court further requested "the Legislature to consider 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"; and
Whereas, In response to State v. Zuber, a commission composed of members from throughout the juvenile and criminal justice systems, directed to conduct a thorough evaluation of how this State treats criminal offenders who, as juveniles, were tried as adults and sentenced to lengthy periods of parole ineligibility, would greatly inform the Legislature and Governor on how to address juveniles currently serving terms of life imprisonment; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. There is established the "Commission to Review Constructive Sentences of Life Imprisonment on Juvenile Offenders" to examine issues surrounding the sentencing and parole of juvenile offenders who are tried as adults for serious, violent crimes which may result in a constructive life term of imprisonment without a reasonable opportunity for parole.
a. The commission shall consist of the following 15 members:
(1) four legislative members, who shall include two members of the Senate, who shall not be of same political party, and two members of the General Assembly, who shall not be of the same political party. The President of the Senate, the Speaker of the General Assembly, the Minority Leader of the Senate, and the Minority Leader of the General Assembly each shall appoint one legislative member;
(2) six ex officio members or their designees, who shall include the following: the Administrative Director of the Courts, the Attorney General, the Commissioner of Corrections, the Executive Director of the Juvenile Justice Commission, the Public Defender, and the Chairman of the State Parole Board; and
(3) five public members appointed by the Governor, who shall include the following: a retired Superior Court judge with experience in criminal sentencing or juvenile justice, a county prosecutor who has been recommended by the County Prosecutors Association of the State of New Jersey, a victims' rights advocate, a representative of an organization that defends civil rights or promotes social justice, and a faculty member of a New Jersey law school with expertise in juvenile justice issues.
b. The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties to the extent that funds are made available for that purpose.
2. a. The commission shall organize as soon after the appointment of its members as is practical. The commission shall elect a chairperson from among its members, and the chairperson shall select a secretary who need not be a member of the commission.
b. The commission may meet at the call of its chairperson at the times and in the places it may deem appropriate and necessary to fulfill its duties, and may conduct public hearings at any place it shall designate.
c. The commission shall be entitled to call to its assistance and avail itself of the services of the Office of Legislative Services, as it may require.
d. Five members of the commission shall constitute a quorum for the transaction of business.
3. The commission shall examine issues surrounding the imposition of constructive sentences of life imprisonment on juvenile offenders who are tried as adults and make recommendations on how the law governing the criminal justice and legal systems may be changed to afford persons sentenced to lengthy terms of imprisonment for serious, violent crimes committed while a juvenile a reasonable opportunity for release when appropriate. Specifically, the commission shall:
a. Evaluate the impact of recent United States Supreme Court and New Jersey Supreme Court rulings on juvenile offenders who are sentenced to constructive life terms of imprisonment without the possibility of parole and consider whether State criminal sentencing laws should be revised to take into account the factors established in Miller v. Alabama, 567 U.S. 460 (2012); the factors set forth by the New Jersey Supreme Court in State v. Zuber, 227 N.J. 422 (2017); and other appropriate considerations;
b. Assess whether the age of majority in this State is the appropriate age threshold under which the court would determine if "the mitigating qualities of youth" and the sentencing factors in Miller and Zuber should be considered at sentencing or if a different formulation or approach is more appropriate, taking into account contemporary scientific evidence regarding adolescent cognitive development, criminal justice systemic considerations, impact on crime victims, and other relevant factors;
c. Identify and evaluate possible methods to provide persons who are currently serving constructive life terms of imprisonment for crimes committed as a juvenile a reasonable opportunity for release when appropriate, reviewing options such as the possibility of resentencing the person or establishing statutory limits on parole ineligibility with retroactive applicability, and develop suggestions to address related systemic issues such as the provision of legal counsel for defendants who are subject to constructive life terms of imprisonment at resentencing or parole hearings; and
d. Consider the impact of any contemplated juvenile resentencing or parole alternatives on the victims to ensure that any recommended reform satisfies the constitutional mandate to treat crime victims with fairness, compassion, and respect in accordance with Article I, paragraph 22 of the New Jersey Constitution and provides other rights and remedies to accommodate the needs and interests of victims as may be appropriate under the circumstances.
4. The commission shall prepare and submit a report of its findings and recommendations, including legislative proposals, to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) no later than six months after the organizational meeting of the commission. The commission shall expire upon submission of this report.
5. This joint resolution shall take effect immediately.
STATEMENT
This joint resolution establishes the "Commission to Review Constructive Sentences of Life Imprisonment on Juvenile Offenders" to examine issues surrounding the sentencing and parole of juvenile offenders who are tried as adults for serious, violent crimes which often result in a constructive life term of imprisonment without a reasonable opportunity for parole.
The commission is to consist of 15 members. Four legislative members are to include two members of the Senate and two members of the General Assembly; the two members of each house are not to be of the same political party. The six ex-officio members include the Administrative Director of the Courts, the Attorney General, the Commissioner of Corrections, the Executive Director of the Juvenile Justice Commission, the Public Defender, and the Chairman of the State Parole Board. In addition, five public members are to be appointed to the commission by the Governor, including a retired Superior Court judge, a county prosecutor recommended by the County Prosecutors Association of the State of New Jersey, a victims' rights advocate, a representative of an organization that protects civil rights or promotes social justice, and a faculty member of a New Jersey law school with expertise in juvenile justice issues.
The commission is to examine issues surrounding the imposition of constructive sentences of life imprisonment on juvenile offenders who are tried as adults and make recommendations on how the law governing the criminal justice and legal systems may be changed to afford persons sentenced to lengthy terms of imprisonment for serious, violent crimes committed while a juvenile a reasonable opportunity for release when appropriate. At minimum, the commission is to accomplish the following tasks:
(1) Evaluate the impact of recent United States Supreme Court and New Jersey Supreme Court rulings on juvenile offenders who are sentenced to constructive life terms of incarceration without the possibility of parole and consider whether State criminal sentencing laws should be revised to take into account the factors established in Miller v. Alabama, 567 U.S. 460 (2012); the factors set forth by the New Jersey Supreme Court in State v. Zuber, 227 N.J. 422 (2017); and other appropriate considerations;
(2) Assess whether the age of majority in this State is the appropriate age threshold under which the court would determine if "the mitigating qualities of youth" and the sentencing factors in Miller and Zuber should be considered at sentencing or if a different formulation or approach is more appropriate, taking into account contemporary scientific evidence regarding adolescent cognitive development, criminal justice systemic considerations, impact on crime victims, and other relevant factors;
(3) Identify and evaluate possible methods to provide persons who are currently serving constructive life terms of imprisonment for crimes committed as a juvenile a reasonable opportunity for release when appropriate, reviewing options such as the possibility of resentencing the person or establishing statutory limits on parole ineligibility with retroactive applicability, and develop suggestions to address related systemic issues such as the provision of legal counsel for defendants who are subject to constructive life terms of imprisonment at resentencing or parole hearings; and
(4) Consider the impact of any contemplated juvenile resentencing or parole alternatives on the victims to ensure that any recommended reform satisfies the constitutional mandate to treat crime victims with fairness, compassion, and respect in accordance with Article I, paragraph 22 of the New Jersey Constitution and provides other rights and remedies to accommodate the needs and interests of victims as may be appropriate under the circumstances.
The members of the commission are to serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties. The presence of five members of the commission is to constitute a quorum for the transaction of business.
The commission is to organize as soon after the appointment of its members as is practical. The commission is to report its finding and recommendations to the Governor and Legislature, including legislative proposals, within six months of its organizational meeting. The commission is to expire upon submission of this report.
