New Jersey Section 2C:43-6.7 – Effective Date and Applicability

New Jersey Section 2C:43-6.7 deals with the effective date and applicability of certain amendments to New Jersey’s sentencing laws. This section was enacted in 2007 as part of a larger bill aimed at reforming the state’s sentencing policies.

Overview of 2C:43-6.7

The text of 2C:43-6.7 is very simple and straightforward:

“This act shall take effect on the 60th day following enactment and shall apply to any person who commits an offense subject to sentencing under section 1 of P.L.2007, c.49 (C.2C:43-7.2) on or after the effective date.”

In plain English, this means that the amendments made by the 2007 law (specifically C.2C:43-7.2, which mandated 85% minimum prison terms for certain violent crimes) would take effect 60 days after being signed into law. The enhanced sentencing provisions would apply to any qualifying offense committed on or after that effective date.

So 2C:43-6.7 really just establishes the timeline for implementing the sentencing changes enacted through the larger reform bill it was part of. Let’s take a closer look at what exactly those changes were.

Background of the No Early Release Act

Section 2C:43-6.7 was enacted as part of P.L. 2007, c.49, commonly known as the No Early Release Act (NERA). This law mandated extended prison terms through “flat time” sentencing for people convicted of certain violent crimes.

Specifically, NERA requires individuals convicted of first-degree violent crimes like murder, first-degree aggravated sexual assault, and first-degree kidnapping to serve at least 85% of their imposed sentence before being eligible for parole. That’s where Section 2C:43-7.2, cited in 2C:43-6.7, comes into play.

NERA was approved by the legislature and signed into law by Governor Jon Corzine in July 2007. The law has been described as one of the most significant criminal justice reforms in New Jersey’s recent history.

Policy Goals and Debate around NERA

The stated goal of NERA was to keep violent and dangerous offenders off the streets by ensuring they served at least 85% of their prison terms.

Supporters argued the law was necessary to protect public safety and provide justice for victims. By restricting parole eligibility, they contended NERA would reduce crime committed by repeat offenders released early from prison.

“There must be real consequences for committing serious crimes – certain crimes demand certain sentences,” said a sponsor of the legislation.

However, NERA was also controversial. Opponents claimed it went too far in limiting judicial discretion over sentencing. They argued judges should have more flexibility to decide appropriate penalties based on the facts of each case. Critics also contended NERA’s harsh mandatory minimums disproportionately impact people of color and those suffering from mental illness or addiction.

Debate continues today over whether the law’s tough approach actually enhances public safety and fairness in the long run. But NERA’s sentencing provisions remain in effect, with the timeline for implementation set forth in 2C:43-6.7.

When Section 2C:43-6.7 Took Effect

As written in the statute, Section 2C:43-6.7 established that NERA would take effect 60 days after the law’s enactment.

NERA was approved on July 17, 2007. So based on the timeline outlined in 2C:43-6.7, its enhanced sentencing policies took effect on September 15, 2007.

This meant that NERA’s mandatory minimum prison terms would apply to any qualifying violent offense committed on or after September 15, 2007. Offenses occurring before that date would still be subject to the prior sentencing laws in place.

Applicability of 2C:43-6.7 Today

Section 2C:43-6.7 simply established NERA’s original effective date. The law’s sentencing provisions remain in effect today, over 15 years later.

2C:43-6.7 is not regularly cited or referenced when sentencing offenders under NERA’s 85% mandatory minimum terms. It served its purpose by setting NERA’s start date back in 2007.

However, the section can provide helpful clarity in certain limited circumstances. For example, if there was uncertainty about whether NERA applied to an offense committed around the time of the law’s enactment in 2007, 2C:43-6.7 would definitively establish whether the date fell before or after the law took effect.

Overall, 2C:43-6.7 is a narrowly focused provision that enacted a one-time event – the original effective date for New Jersey’s No Early Release Act. While NERA remains controversial, its stiff sentencing policies continue impacting certain violent offenders 15 years after being implemented on the timeline set out in 2C:43-6.7.