A directive from the state attorney general instructs prosecutors to waive mandatory minimum prison terms for non-violent drug offenders.
The move essentially takes mandatory minimums “off the table” for all current and future such defendants, and allows those currently incarcerated an opportunity for early release, state Attorney General Gurbir Grewal explained.
“We cannot stand by and ignore the unjust and racially disparate impact of these mandatory minimum terms on non-violent drug offenders — primarily young persons of color,” Gov. Phil Murphy said.
"It's been nearly two years since I first joined with all 21 of our state’s county prosecutors to call for an end to mandatory minimum sentences for non-violent drug crimes,” Grewal said. “This outdated policy is hurting our residents, and it’s disproportionately affecting our young men of color. We can wait no longer. It’s time to act.”
This comes from the recommendation of Murphy’s Criminal Sentencing and Disposition Commission in 2019, which received widespread support from all 21 county prosecutors.
“It’s been well over a year since the Criminal Sentencing and Disposition Commission unanimously concluded that these mandatory minimums must be eliminated, and still justice is delayed and denied," Murphy said. "We are through with waiting. My decision to return the bill on my desk to reflect the commission’s recommendations is made substantially easier because of Attorney General Grewal’s strong action to stop these unfair prison sentences.”
Prosecutors can still seek periods of additional parole ineligibility in non-violent drug cases when warranted to protect public safety based on the specific facts of the case.
State law authorizes a judge at sentencing to impose a discretionary period of parole ineligibility for any crime if the judge is clearly convinced that the aggravating factors in the case substantially outweigh the mitigating factors.
The directive allows prosecutors to continue to seek discretionary periods of parole ineligibility and incorporate them into plea agreements where appropriate.
While prosecutors must file a joint application to modify the sentence of any inmate who remains in prison solely because of a mandatory minimum term imposed for a non-violent drug offense, they can seek imposition of a discretionary period of parole ineligibility when the sentence is modified, if appropriate, which may result in continued incarceration.
To ensure such requests are made rarely and in a consistent manner, prosecutors will consult with the director of the Division of Criminal Justice in such cases.
Prosecutors must meet the same standards in court that would have applied at the initial sentencing if there had been no mandatory minimum term.
Grewal publicly called for an end to mandatory minimum sentences for non-violent drug crimes in a July 15, 2019 op-ed in the Star-Ledger. At the same time, all 21 county prosecutors signed a letter to the Criminal Sentencing and Disposition Commission endorsing the same policy.
