New Jersey Section 2C:44-6 – Procedure on sentence; presentence investigation and report.

New Jersey Section 2C:44-6 – Procedure on Sentence; Presentence Investigation and Report

In New Jersey, Section 2C:44-6 of the criminal code outlines the procedures judges must follow when sentencing defendants convicted of crimes. This section covers presentence investigations, the contents of presentence reports, sentencing hearings, and the judge’s obligation to explain the sentence imposed.

Presentence Investigations and Reports

Before sentencing a defendant for an indictable offense, the judge must order a presentence investigation by court staff. This investigation results in a presentence report that gives the judge key background information to consider when determining an appropriate sentence.

The presentence report includes details on the defendant’s personal history, the circumstances of the offense, the impact on the victim, and more. Specifically, it covers:

• The circumstances of the offense and any factors relevant to sentencing
• The defendant’s history of delinquency or criminal activity
• The defendant’s family and financial situation, including obligations like child support
• The defendant’s substance abuse history and any prior treatment
• The defendant’s employment history
• The disposition of charges against any co-defendants
• The harm suffered by the victim

If the defendant is being sentenced for a violent first- or second-degree crime, the report must also include a medical and psychological history, unless the judge chooses to waive this requirement. The judge cannot waive the psychological exam if the conviction was for certain offenses like child endangerment, school trespassing, or luring a minor.

The victim has a right to submit a written statement on how the crime impacted them. This statement becomes part of the presentence report.

Sentencing Hearings

Before imposing a sentence, the judge must hold a sentencing hearing. At the hearing:

• The judge must allow the defendant to speak on their own behalf and present mitigating information. This can be done personally or through an attorney.
• The victim has a right to make an oral statement directly to the judge about how the crime affected them. This is in addition to their written statement in the presentence report.
• The prosecutor must advise the judge if they consulted with the victim before finalizing any plea agreement, and communicate the victim’s position on the plea deal.
• The judge may choose to hear witness testimony.
• The judge must allow defense counsel to speak on behalf of the defendant. Counsel can present mitigating circumstances and make sentencing recommendations.

Explanation of Sentence

When imposing a sentence, the judge must explain their reasons on the record. This includes:

• Referencing the statutory criteria for imposing imprisonment or fines.
• Detailing the aggravating and mitigating factors affecting the sentence.
• Explaining any order of forfeiture of public office or employment.

The judge must also calculate and note any jail credits the defendant will receive for time served prior to sentencing. All of this must be memorialized in the judgment of conviction.