Senate Commerce Committee Statement to Senate, No. 2511 — State of New Jersey (June 24, 2020)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 2511, State of New Jersey, dated June 24, 2020, reporting the bill favorably. The bill makes several provisions of P.L.2019, c.363, which changed sentencing, incarceration, and parole of juveniles adjudicated delinquent and was enacted on January 20, 2020 but not effective until November 1, 2020, effective immediately because of the COVID-19 pandemic. Those provisions eliminate discretionary fines, mandatory assessments for certain controlled dangerous substance violations, and mandatory assessments for violent crime convictions. According to the sponsor, the fines are an undue barrier to rehabilitation and reentry, and juveniles returned to custody for technical violations face unnecessary danger of contracting COVID-19.

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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

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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