Senate Commerce Committee Statement - Senate Bill No. 2511, State of New Jersey (June 24, 2020)
Summary
Senate Commerce Committee Statement to Senate, No. 2511, State of New Jersey, dated June 24, 2020, reporting Senate Bill No. 2511 favorably. The statement says the bill accelerates the implementation of certain provisions of P.L.2019, c.363, which changed sentencing, incarceration and parole of juveniles adjudicated delinquent, and which was enacted on January 20, 2020 with provisions not effective until November 1, 2020. The bill makes several provisions effective immediately due to adverse effects on these juveniles attributable to the COVID-19 pandemic. According to the sponsor, the fines on juveniles adjudicated delinquent are a barrier to rehabilitation and reentry, and mandatory post-incarceration supervision should be replaced by discretionary supervision under limited conditions.
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“Senate Commerce Committee Statement - Senate Bill No. 2511, State of New Jersey (June 24, 2020).”
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SENATE COMMERCE COMMITTEE
STATEMENT TO
SENATE, No. 2511
STATE OF NEW JERSEY
DATED: JUNE 24, 2020
The Senate Commerce Committee reports favorably Senate Bill
No. 2511.
This bill accelerates the implementation of certain provisions of
P.L.2019, c.363, which made various changes to sentencing,
incarceration, and parole of juveniles adjudicated delinquent. This
law was enacted on January 20, 2020, but its provisions are not
effective until November 1, 2020. The bill makes several
provisions of this law effective immediately due to adverse effects
on these juveniles attributable to the COVID-19 pandemic.
Several provisions of current law authorize or require the
imposition of fines on juveniles adjudicated
delinquent. P.L.2019, c.363 specifically eliminates the following
fines: (1) those that can be imposed at the discretion of the court as
a disposition for a juvenile adjudicated delinquent; (2) mandatory
assessments imposed for certain controlled dangerous substance
violations which are allocated to the Drug Enforcement and
Demand Reduction (“DEDR”) Fund; and (3) mandatory
assessments for convictions of violent crimes that are dedicated to
purposes benefiting victims of crime.
According to the sponsor, fines imposed on juveniles adjudicated
delinquent have proven to be an undue barrier to successful
rehabilitation and reentry of these juveniles because they often
result in the criminalization of poverty and the exacerbation of
racial disparities. As such, the Legislature made a policy decision to
eliminate certain juvenile delinquency fines in P.L.2019, c.363.
The burden these fines constitute has been further exacerbated
during the COVID-19 pandemic. Therefore, there should be no
delay in eliminating these fines.
The sponsor further notes that in some instances juveniles
currently subject to mandatory post-incarceration supervision
because of the extended effective date of P.L.2019, c.363 are being
returned to custody for technical violations. These juveniles are
being put in unnecessary danger of contracting COVID-19 for
minor infractions. Therefore, the provisions of P.L.2019, c.363
replacing the current mandatory term of post-incarceration with
2
discretionary post-incarceration supervision imposed only under
strictly limited conditions should immediately be implemented to
protect the health and safety of both the juveniles and the
community during the COVID-19 pandemic.
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