NJ Commission to Review Criminal Sentecing Banner
ELECTRONIC NEWSLETTER
ISSUE No. 3
March 3, 2006

CALENDAR:      The next meeting will take place on Wednesday, March 15, 2006, at 10:00 a.m. in the first floor conference room of 44 South Clinton Avenue (3 Station Plaza), Trenton. The meeting is open.

New Jersey Sentencing News

February 27, 2006
The Star Ledger
Bracelets Keep Tabs on Sexual Offenders: State Touts Success of Its Pilot Program

February 24, 2006
Trenton Times
Court Re-Examines Its Own Openness Policy

February 20, 2006
The Star Ledger
Her Vote: Don’t Bar Felons From Polls

February 19, 2006
The Star Ledger
Like Handcuffs, Lessons About Life Click In Court

February 3, 2006
Asbury Park Press
High Court Could Rule on Marshall: N.J. Seeks Death Penalty Decision


 
National Sentencing News

February 27, 2006
San Francisco Chronicle

High Court to Assess Sentencing in State

February 27, 2006
Christian Science Monitor

State Rethinks Three-Strikes Law: Proposed Initiative In California Would Give Judges More Leeway in Sentencing

February 23, 2006
New York Times

Debt to Society Is Least of Costs for Ex-Convicts

February 21, 2006
Bloomberg

State Sentencing Guidelines Draw U.S. Supreme Court Scrutiny

February 10, 2006
Washington Post

Supreme Court Puzzles Some With Mixed Answers on Lethal Injection

 
Proposed Legislation

Senate Bill No. 1401: Introduced on 2/9/2006. Summary: Creates permanent “Commission to Review Criminal Sentencing.”

Senate Bill No. 1365: Introduced on 2/9/2006. Summary: Establishes a Gun Court Pilot Program in Essex and Mercer County.

Senate Bill No. 1318: Introduced on 2/6/2006. Summary: Establishes the “Public Corruption Profiteering Penalty Act.”

Senate Bill No. 1281: Introduced on 2/6/2006. Summary: Prohibits imposition of death penalty on mentally retarded defendants.

Senate Bill No. 1302: Introduced on 2/6/2006. Summary: Increases penalty for illegal firearms’ sale within 1,000 feet of school.

Senate Bill No. 273: Introduced on 1/10/2006. Reported out of committee on 2/06/2006. Summary: Criminalizes organized retail theft and establishes crimes of leader of organized retail theft enterprises.

Senate Bill No. S620: Introduced on 1/10/2006: Classifies burglary of a residence as a crime of the second degree.

Assembly Bill No. 2598: Introduced on 2/23/2006. Summary: Criminalizes possession and use of cellular phone in adult or juvenile corrections facility and criminalizes giving cellular phone to inmate.

Assembly Bill No. 2549: Introduced on 2/23/2006. Summary: Creates Division of Probation in Department of Corrections (DOC); transfers all probation functions and employees to DOC.

Assembly Bill No. 2649: Introduced on 2/23/2006. Summary: Establishes the “Animal Anti-Cruelty Act.”

Assembly Bill No. 2612: Introduced on 2/23/2006. Summary: Upgrades offense of simple assault to aggravated assault when victim is employee of DHS and clearly engaged in duties conducting investigations.

Assembly Bill No. 2601: Introduced on 2/23/2006. Summary: Criminalizes purchase or possession of firearms ammunition by persons convicted of certain crimes.

Assembly Bill No. 2599: Introduced on 2/23/2006. Summary: Provides for forfeiture of vehicle where weapon was unlawfully possessed.

Assembly Bill No. 2582: Introduced on 2/23/2006. Summary: Makes theft of emergency service vehicle a crime of the second degree under certain circumstances.

Assembly Bill No. 2556: Introduced on 2/23/2006. Summary: Upgrades simple assault against private school teachers to aggravated assault.

Assembly Bill No. 2574: Introduced on 2/23/2006. Summary: Makes No Early Release Act (NERA) applicable to persons convicted of child pornography crimes.

Assembly Bill No. 2559: Introduced on 2/23/2006. Summary: Establishes criminal and civil penalties for transmission of certain commercial electronic mail messages.

Assembly Bill No. 2490: Introduced on 2/9/2006. Summary: Certifies that permitting sexual abusers to reside with a child constitutes endangering welfare of a child.

Assembly Bill No. 2517: Introduced on 2/9/2006. Summary: Provides for increased penalties for crimes committed in a church synagogue, temple or other place of public worship.

Assembly Bill No. 2502: Introduced on 2/9/2006. Summary: Makes use of an animal to carry illegal drugs or facilitate drug-related crimes an animal cruelty offense; provides for non-merger of certain animal cruelty offenses.

Assembly Bill No. 2501: Introduced on 2/9/2006. Summary: Prohibits the use of a dog or other animal in a drug distribution scheme.

Assembly Bill No. 2380: Introduced on 2/6/2006. Summary: Upgrades penalty for failure to register as sex offender; imposes penalty for failure to verify addresses and requires verification prior to release.

Assembly Bill No. 2470: Introduced on 2/6/2006. Summary: Upgrades penalties for corporate fraud; provides for civil action for treble damages under certain circumstances.

Assembly Bill No. 2301: Introduced on 2/6/2006. Summary: Requires mandatory incarceration for motor vehicle theft offenses.

Assembly Bill No. 2468: Introduced on 2/6/2006. Summary: Provides for a mandatory term of imprisonment for arson under certain circumstances.

Assembly Bill No. 2322: Introduced on 2/6/2006. Summary: Revises statutes governing compensation for victims of crime.

Assembly Bill No. 2429: Introduced on 2/6/2006. Summary: Creates crime of criminal negligent homicide, negligent assault with a firearm and reckless endangerment.

 
Document Library

General Sentencing Policy

Criminal Justice and Corrections: The Case For Rational Reform
Dr. Bruce Stout

Options to Stabilize Prison Populations In Washington State – Interim Report
Washington State Institute For Public Policy

Evidence-Based Adult Corrections Programs: What Works and What Does Not
Washington State Institute For Public Policy

 
Recent Sentencing Decisions

New Jersey

State v. Abdul Webster, __ N.J. Super. __ (App. Div. 2006)
Docket No. A-5686-03T4
Held:
In this appeal, the Appellate Division rejected defendant’s request to reduce his period of parole ineligibility imposed pursuant to the No Early Release Act (NERA) by the application of commutation and work credits. Specifically, the Appellate Division concluded after a review of relevant legislative history, precedent, and statutory language that neither the NERA statute, N.J.S.A. 2C:43-7.2, nor the relevant provision of the Parole Act, N.J.S.A. 30:4-123.51a, supported the result defendant sought.. Accordingly, there was no basis to disturb the Parole Board's practice of applying such credits only to defendant's base term, i.e., the "back end" of his sentence.

 
NJ Commission to Review Criminal Sentencing | PO Box 095 | Trenton, NJ 08625-0095
Tel: 609.341.2813 | Fax: 609.341.2816 | Email: bennett.barlyn@lps.state.nj.us