New Jersey statute
N.J.S.A. 2C:44-1.2 — Defendants with prior convictions, petition for resentencing
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 44, New Jersey Statutes.
Full text of N.J.S.A. 2C:44-1.2
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
2. a. A defendant convicted of a crime prior to the effective date of section 2 of P.L.2025, c.328 (C.2C:44-1.2) may petition the court for resentencing in accordance with the provisions of this section, if the defendant:
(1) was convicted of a crime, other than murder or a crime for which the defendant would be required to register as a sex offender pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2);
(2) is incarcerated in a State correctional facility or county jail, or is otherwise under the custody or supervision of the Department of Corrections;
(3) does not have an appeal pending and the time for filing an appeal has expired;
(4) has not had their sentence suspended or been paroled or discharged;
(5) was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or was otherwise subjected to substantial physical, sexual, or psychological abuse;
(6) was convicted of a crime in which the domestic violence or abuse was a contributing factor; and
(7) has not been resentenced or previously granted relief under this section.
b. A defendant shall be eligible for resentencing pursuant to this section regardless of whether the defendant:
(1) raised a defense that included the abuse; or
(2) entered a guilty plea prior to the original sentencing.
c. Notwithstanding any court rule or any other provision of law to the contrary, the court, upon consideration of a petition filed pursuant to this section, may, in its discretion, modify, reduce, or suspend the sentence, including any minimum or mandatory sentence or a portion of the sentence imposed upon the person.
d. If the court determines that a change in the defendant�s original sentence is not warranted, the court shall issue a written order stating the reasons for denying modification.
e. A defendant who seeks resentencing shall be represented by the Office of the Public Defender for the purpose of filing a motion under this section, unless the defendant retains other counsel.
f. A petition for resentencing pursuant to this section shall include an affidavit setting forth the facts tending to establish that:
(1) the defendant was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or has otherwise been subjected to substantial physical, sexual, or psychological abuse; and
(2) the domestic violence or abuse was a contributing factor to the defendant�s conviction.
g. (1) A motion pursuant to this section shall be filed with the Superior Court in the county where the conviction occurred. A copy of the motion shall be served on the agency that prosecuted the case.
(2) The prosecutor shall file any response within 60 days. The court may grant an extension of time for good cause.
(3) Except as otherwise provided in paragraph (4) of this subsection, within 30 days of the date of filing of a motion for resentencing pursuant to this section, the court shall set a date for a resentencing hearing to be held within 180 days of the date of filing, unless the court finds that the defendant has not met the requirements for resentencing pursuant to this section, in which case the court shall notify the defendant of any deficiencies in the application and dismiss the petition without prejudice. A resentencing hearing on a motion filed pursuant to this section shall be held in the Superior Court in accordance with the Rules of Court.
(4) If the prosecutor does not file a written objection to the motion for resentencing, the defendant�s application shall be deemed unopposed and the court may grant relief without a hearing. Any objection filed by the prosecutor shall not be deemed determinative, and the court may grant relief over an objection.
h. The Director of the Administrative Office of the Courts, in consultation with the State Domestic Violence Working Group, shall develop and promulgate a form, which a defendant shall use to initiate an application for resentencing. This form shall be readily available in all State correctional facilities, county jails, and all Superior and municipal courts. The form shall be made available in at least the five most common languages spoken in the State.
i. Applications made to the Superior Court under this section and all associated supporting documents filed with the applications shall remain confidential and shall not be disseminated or disclosed publicly, in whole or in part, except to another court, or a law enforcement or correctional agency as required by law, or a victim of any of the underlying cases for which the petitioner is seeking resentencing. The county prosecutor shall immediately notify the victim of an underlying case for which a petitioner is seeking resentencing pursuant to this section.
j. At the hearing for resentencing, the court shall determine whether:
(1) the defendant was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or was otherwise subjected to substantial physical, sexual, or psychological abuse;
(2) the domestic violence or abuse was a contributing factor to the person�s conviction; and
(3) the defendant would have been entitled to a reduced sentence pursuant to paragraph (15) of subsection b. of N.J.S.2C:44-1.
k. If the court finds by a preponderance of the evidence that the provisions of subsection j. of this section apply, the court shall modify, reduce, or suspend the defendant�s original sentence, including any minimum or mandatory sentence or a portion of the sentence imposed upon the defendant, in accordance with subsection i. of N.J.S.2C:44-1. In calculating the new term to be served by the defendant, the defendant shall be credited for any time served.
l. In determining whether the defendant shall be resentenced, the court shall consider all relevant circumstances and shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings, including, but not limited to:
(1) the defendant�s affidavit filed pursuant to subsection f. of this section; and
(2) any additional relevant evidence, including, but not limited to:
(a) court records;
(b) social services records;
(c) presentencing reports;
(d) hospital records;
(e) sworn statements from a witness of the domestic violence who is not the defendant;
(f) criminal records;
(g) domestic violence incident reports;
(h) protective orders;
(i) verification of consultation with a licensed medical care provider or mental health care provider;
(j) testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, a health care professional, or other professional from whom the person has sought assistance in addressing the trauma associated with being a victim, or the victim of any of the underlying cases for which the petitioner is seeking resentencing; and
(k) Department of Corrections records, including the institutional record of confinement, which shall include, but not be limited to, any participation in domestic violence awareness, parenting education, substance abuse treatment, and other treatment or programming while incarcerated, as well as the defendant�s disciplinary history; the fact that the defendant was unable to participate in treatment or programming despite a willingness to do so shall not be considered against the defendant; and
(l) any other evidence the court deems relevant.
m. If the court resentences the defendant pursuant to this section, the sentence shall not become final for 10 days in order to permit the prosecutor to appeal the sentence.
n. An appeal may be taken as of right from an order denying the motion for resentencing or from a new sentence imposed pursuant to this section. The appeal may be based on the grounds that the term of the new sentence is unduly harsh or excessive, or that the term of the new sentence is unauthorized as a matter of law. The defendant may request that the court assign a public defender to assist the defendant with the preparation of, and representation in, any proceedings related to an appeal. The public defender shall be assigned pursuant to P.L.1967, c.43 (C.2A:158A-1 et seq.).
o. The court shall note in any decision on an application for resentencing pursuant to this section that the application was made and decided pursuant to P.L.2025, c.328 (C. 2C:44-1.2 et al.).
p. A defendant may be granted relief only once pursuant to this section. Nothing in this section shall prohibit a defendant from pursuing resentencing under any other provision of Title 2C of the New Jersey Statutes or the Rules of Court.
q. The Supreme Court may issue Rules of Court to effectuate the purposes of this section.
L.2025, c.328, s.2.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.