TRENTON, NJ – Lawmakers are considering legislation that would allow courts to reduce or resentence certain defendants who were victims of domestic violence or abuse if that abuse contributed to their criminal conduct.
The bill establishes a new mitigating factor in state sentencing law, giving judges discretion to impose lighter sentences for survivors of abuse. It would also create a process for eligible incarcerated individuals to seek resentencing.
Under the proposal, the mitigating factor would apply to crimes where domestic violence, or substantial physical, sexual, or psychological abuse, played a role — but would exclude murder and offenses requiring sex offender registration.
Key Points
- The bill adds domestic violence and abuse as a mitigating factor in criminal sentencing.
- Eligible incarcerated survivors could petition courts for resentencing.
- The Office of the Public Defender would represent petitioners who do not retain private counsel.
Adding domestic violence as a mitigating factor
Current law lists 14 mitigating factors that judges may weigh when determining sentences, but none directly address whether a defendant was a victim of abuse. The new legislation would amend state law to recognize abuse as a contributing factor in criminal behavior, allowing courts to impose reduced terms.
For qualifying defendants, sentencing ranges could be lowered significantly: up to 18 months for a third-degree crime, three to five years for a second-degree crime, and five to 10 years for a first-degree offense. For non-indictable offenses, courts would presume probation or conditional discharge.
Judges would be permitted to consider this mitigating factor regardless of whether the abuse was raised as part of the defense during trial or plea proceedings.
Opportunity for resentencing of past convictions
The bill also establishes a process allowing eligible inmates convicted before the new law’s enactment to seek resentencing if they can show they were victims of domestic violence or similar abuse that influenced their actions.
To qualify, defendants must currently be incarcerated or under Department of Corrections supervision, have no pending appeals, and have not been paroled, discharged, or previously resentenced under this measure. The court may modify, reduce, or suspend a sentence — including minimum or mandatory terms — based on the evidence presented.
If prosecutors do not object in writing, courts may grant resentencing without a hearing. Any denial must be accompanied by a written explanation from the judge.
Legal process and confidentiality
The Director of the Administrative Office of the Courts, in consultation with the State Domestic Violence Working Group, would develop standardized forms for filing resentencing applications. These forms must be made available in multiple languages across state and county correctional facilities and court offices.
All filings and related documents would remain confidential, accessible only to the court and law enforcement or correctional agencies.
Notification and judicial training
The Commissioner of Corrections would be required to notify all eligible inmates of their potential right to seek resentencing, with copies also sent to defense counsel or the Public Defender’s Office.
To support implementation, the Administrative Office of the Courts would design and update a training curriculum for judges handling these cases, ensuring awareness of trauma-informed principles and the effects of abuse on defendants’ behavior. The AOC would also report annually to the Governor and Legislature on the number of resentencing applications filed, granted, and denied.
Legislative intent
Supporters say the measure recognizes the link between abuse and criminal behavior, offering a path to fairer sentencing for survivors who acted under the influence of trauma or coercion. Lawmakers frame the bill as both a justice reform initiative and an acknowledgment of the long-term effects of domestic violence on victims entangled in the criminal justice system.
