New Jersey Section 2C:48A-3 – Constitution of the Criminal Sentencing and Disposition Commission

New Jersey Section 2C:48A-3 outlines the constitution of the Criminal Sentencing and Disposition Commission in the state. This commission was established to review sentencing policies and practices and make recommendations for reforms.

Constitution of the Commission Under 2C:48A-3

Section 2C:48A-3 of the New Jersey code lays out how the Criminal Sentencing and Disposition Commission is constituted. Some key provisions:

• The commission is established as a legislative commission per the state constitution. This gives it formal authority.
• There are 13 members total. This includes:
  • 2 public members appointed by the Governor
  • 2 members of the Senate appointed by the Senate President
  • 2 members of the General Assembly appointed by the Speaker
  • Attorney General or designee
  • Public Defender or designee
  • Parole Board Chairperson or designee
  • Victim advocate appointed by the Governor
  • 3 public members with expertise appointed by the Governor
• Members serve 5 year terms, except legislators who serve during their legislative term.
• 7 members must be present at a meeting for official business.
• Members serve without compensation but can get reimbursement for expenses.
• The Governor designates the chairperson.

This structure and appointment process helps create a balanced commission with diverse voices. The legislative commission status also formally empowers it to conduct reviews and make policy recommendations.

Powers and Responsibilities

As granted by Section 2C:48A-4, the Criminal Sentencing and Disposition Commission has a range of duties and powers to carry out its mission, including:

• Obtaining data to review sentencing policies, correctional resources, recidivism rates and more
• Holding public hearings across the state to get input from citizens and stakeholders
• Issuing reports at least annually with findings and recommendations
• Drafting legislation to implement recommended sentencing reforms

The commission focuses on reviewing issues such as:

• Sentencing ranges and mandatory minimum sentences
• Alternatives to incarceration
• Parole eligibility standards
• Treatment programs and resources for offenders
• Racial, ethnic and geographic disparities in sentencing

This enables them to take a comprehensive view and recommend ways to improve proportionality, reduce disparities, and expand alternatives to incarceration where appropriate.

Impact of the Commission’s Work

Since beginning its work in late 2009, the Criminal Sentencing and Disposition Commission has had a significant impact on New Jersey’s sentencing laws and policies.

Some notable accomplishments include:

• Expanded drug court eligibility: The commission’s 2011 report recommended expanding eligibility criteria for drug courts. This was implemented, allowing more nonviolent drug offenders to participate.
• Reduced mandatory minimum terms: A 2013 law reduced mandatory minimum prison terms for some drug offenses based on the commission’s advice. This gave judges more discretion.
• Promoted parole changes: The commission’s reports have highlighted needed parole reforms, leading to legislation that reduced parole timeframes for some offenders.
• Informed other major reforms: The commission’s annual reports and data are frequently cited in discussions of criminal justice reform in New Jersey. Their work has informed significant changes in recent years.

Overall, the Criminal Sentencing and Disposition Commission has brought positive changes to move New Jersey’s sentencing laws toward greater fairness, proportionality and flexibility when appropriate. It continues to be an influential voice in the ongoing evolution of the state’s criminal justice system.

Ongoing Reviews and Future Reforms

The work of improving New Jersey’s sentencing laws and policies continues. The Criminal Sentencing and Disposition Commission provides an annual report to the governor and legislature with its latest findings and recommendations.

Some areas the commission is currently focused on include:

• Expanding diversion programs for certain offenses
• Improving data collection and analysis capabilities
• Alternatives to incarceration for geriatric prisoner populations
• Options to reduce recidivism among those leaving incarceration

Additionally, the commission is conducting deeper reviews of racial disparities, mandatory minimum sentences, and the overall structure of New Jersey’s sentencing guidelines.

The commission provides an independent, nonpartisan perspective grounded in extensive data analysis. Their ongoing work and future recommendations will likely continue advancing necessary reforms.