New Jersey’s Young Adult Offender Law: An Overview for Lawyers

New Jersey has a law on the books that allows judges to sentence certain young adult offenders aged 18-25 more leniently than older adults. This law, known as Section 2C:43-5 or the “Young Adult Offender Law,” gives judges discretion to sentence these young offenders to rehabilitation programs rather than mandatory minimum prison terms. As a criminal defense lawyer, it’s important to understand this law and when it applies.

What the Law Says

The key part of 2C:43-5 states:

“In the case of a person who was under 26 years of age at the time of the commission of the crime, the court may, in its discretion, for good cause shown, sentence the person pursuant to the provisions of subsection e. of this section.”

Subsection e allows the court to sentence the defendant to an indeterminate term at the Garden State Youth Correctional Facility. This facility focuses on rehabilitation through counseling, education, and vocational training.

So in essence, this law gives judges an alternative sentencing option for young adult offenders that emphasizes rehabilitation over incarceration. The judge has discretion whether or not to apply it.

When Does This Law Apply?

There are a few limitations on when 2C:43-5 can be used:

• The defendant must have been under 26 years old at the time of the offense.
• It does not apply to first or second degree violent crimes, like murder, manslaughter, aggravated assault, etc.
• It cannot be used if the defendant is subject to a mandatory minimum term under the Graves Act or certain repeat drug offender laws.
• The judge must find “good cause” to sentence under this law rather than normal sentencing guidelines. Good cause is not defined, giving judges broad discretion.

So in essence, 2C:43-5 gives judges an option for non-violent offenders under 26. The judge can still sentence them normally, but now has the rehab option.

The History Behind This Law

New Jersey has recognized since the 1950s that young adult offenders may be better rehabilitated than incarcerated. The state has operated youth correctional facilities focused on counseling, education, and skills training since that time.

When the new criminal code was enacted in 1979, the Young Adult Offender Law carried over this preference for rehabilitation. The age limit was originally set at 22 years old but was raised to 26 in 1982.

Proponents see the law as giving young people a second chance to turn their lives around. Critics argue it’s too lenient on criminals. But the law remains on the books as a way to potentially avoid sentencing certain young offenders to lengthy prison terms.

How Can Defense Lawyers Use This Law?

As a criminal defense attorney, there are several ways to potentially use 2C:43-5 to help young adult clients:

• Argue for it at sentencing – If your client meets the age and offense criteria, argue that the judge should sentence under 2C:43-5 rather than normal guidelines. Provide evidence of your client’s rehab potential.
• Plea bargain for it – During plea negotiations, you can request that the prosecutor agree not to oppose an application of the Young Adult Offender Law at sentencing. Make this a condition of any plea deal.
• Mitigating factor arguments – If normal sentencing applies, cite your client’s age and rehab potential as mitigating factors under 2C:44-1. This may help lower the sentence.
• Appeal overly harsh sentences – If a judge imposes a lengthy prison term despite your client’s youth and rehab potential, appeal the sentence as excessive under the abuse of discretion standard. Cite 2C:43-5 to show the judge had an alternative option.

The key is to thoroughly understand this law and when it can apply. Educate your client on the possibilities it presents. And advocate zealously to use 2C:43-5 whenever appropriate to help young clients avoid lengthy prison terms.

Conclusion

New Jersey’s Young Adult Offender Law gives judges discretion to emphasize rehabilitation over incarceration for certain non-violent offenders under 26. As a criminal defense lawyer, be sure you understand the law’s limitations and applications. Use it whenever possible to advocate for appropriate sentencing of your young adult clients. With proper advocacy, many young offenders can get the chance to rebuild their lives rather than face lengthy mandatory minimum prison terms.