S 4406

�2
Note
P.L.
2026, CHAPTER 30, approved July 2, 2026
Senate, No. 4406
An Act concerning sentencing for convictions of certain crimes
and amending N.J.S.2C:44-1.
���� Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
���� 1. N.J.S.2C:44-1 is amended to read as follows:
���� 2C:44-1. a. In determining the appropriate sentence to
be imposed on a person who has been convicted of an offense, the court shall
consider the following aggravating circumstances:
���� (1) The nature and circumstances of the offense, and
the role of the actor in committing the offense, including whether or not it
was committed in an especially heinous, cruel, or depraved manner;
���� (2) The gravity and seriousness of harm inflicted on
the victim, including whether or not the defendant knew or reasonably should
have known that the victim of the offense was particularly vulnerable or
incapable of resistance due to advanced age, ill-health, or extreme youth, or
was for any other reason substantially incapable of exercising normal physical
or mental power of resistance;
���� (3) The risk that the defendant will commit another
offense;
���� (4) A lesser sentence will depreciate the seriousness
of the defendant�s offense because it involved a breach of the public trust
under chapters 27 and 30 of this title, or the defendant took advantage of a
position of trust or confidence to commit the offense;
���� (5) There is a substantial likelihood that the
defendant is involved in organized criminal activity;
���� (6) The extent of the defendant�s prior criminal record
and the seriousness of the offenses of which the defendant has been convicted;
���� (7) The defendant committed the offense pursuant to an
agreement to either pay or be paid for the commission of the offense and the
pecuniary incentive was beyond that inherent in the offense itself;
���� (8) The defendant committed the offense against a
police or other law enforcement officer, correctional employee or firefighter,
acting in the performance of the officer, employee, or firefighter duties while
in uniform or exhibiting evidence of his authority; the defendant committed the
offense because of the status of the victim as a public servant; the defendant
committed the offense against a sports official, athletic coach or manager,
acting in or immediately following the performance of the person�s duties or
because of the person�s status as a sports official, coach or manager; or the
defendant committed the offense against any health care professional, volunteer
working for a health care professional or working at a health care facility,
supportive services staff member working for a health care professional or
working at a health care facility, or employee of a health care professional or
health care facility, while the health care professional, volunteer, supportive
services staff member, or employee is performing official duties.
���� For the purposes of this paragraph, �health care
facility� and �health care professional� mean the same as those terms are
defined in subsection b. of section 3 of P.L.2023, c.48 (C.2C:12-3.1);
���� (9) The need for deterring the defendant and others
from violating the law;
���� (10) The offense involved fraudulent or deceptive
practices committed against any department or division of State government;
���� (11) The imposition of a fine, penalty, or order of
restitution without also imposing a term of imprisonment would be perceived by
the defendant or others merely as part of the cost of doing business, or as an
acceptable contingent business or operating expense associated with the initial
decision to resort to unlawful practices;
���� (12) The defendant committed the offense against a
person who the defendant knew or should have known was 60 years of age or
older, or disabled;
���� (13) The defendant, while in the course of committing
or attempting to commit the crime, including the immediate flight therefrom,
used or was in possession of a stolen motor vehicle;
���� (14) The offense involved an act of domestic violence,
as that term is defined in subsection a. of section 3 of P.L.1991, c.261
(C.2C:25-19), committed in the presence of a child under 16 years of age; and
���� (15) The offense involved an act of domestic violence,
as that term is defined in subsection a. of section 3 of P.L.1991, c.261
(C.2C:25-19) and the defendant committed at least one act of domestic violence
on more than one occasion.
���� b.��� In determining the appropriate sentence to be
imposed on a person who has been convicted of an offense, the court may
properly consider the following mitigating circumstances:
���� (1) The defendant�s conduct neither caused nor
threatened serious harm;
���� (2) The defendant did not contemplate that the
defendant�s conduct would cause or threaten serious harm;
���� (3) The defendant acted under a strong provocation;
���� (4) There were substantial grounds tending to excuse or
justify the defendant�s conduct, though failing to establish a defense;
���� (5) The victim of the defendant�s conduct induced or
facilitated its commission;
���� (6) The defendant has compensated or will compensate
the victim of the defendant�s conduct for the damage or injury that the victim
sustained, or will participate in a program of community service;
���� (7) The defendant has no history of prior delinquency
or criminal activity or has led a law-abiding life for a substantial period of
time before the commission of the present offense;
���� (8) The defendant�s conduct was the result of
circumstances unlikely to recur;
���� (9) The character and attitude of the defendant
indicate that the defendant is unlikely to commit another offense;
���� (10) The defendant is particularly likely to respond
affirmatively to probationary treatment;
���� (11) The imprisonment of the defendant would entail
excessive hardship to the defendant or the defendant�s dependents;
���� (12) The willingness of the defendant to cooperate with
law enforcement authorities;
���� (13) The conduct of a youthful defendant was
substantially influenced by another person more mature than the defendant;
���� (14) The defendant was under 26 years of age at the
time of the commission of the offense; and
���� (15) For an offense other than murder or a crime for
which the defendant would be required to register as a sex offender pursuant to
section 2 of P.L.1994, c.133 (C.2C:7-2), whether the defendant�s status as a
victim of domestic violence as that term is defined in subsection a. of section
3 of P.L.1991, c.261 (C.2C:25-19), or other evidence that the defendant was
otherwise subjected to substantial physical, sexual, or psychological abuse,
and the domestic violence or abuse was a contributing factor to the defendant�s
conviction.� The court may find that this factor applies regardless of whether
the defendant raised a defense that included the abuse.� In addition to any
other evidence the court deems appropriate in determining whether this factor
applies, the court shall consider all relevant circumstances, and shall take
judicial notice of any evidence, testimony, or information adduced at the
trial, plea hearing, or other court proceedings.
���� c. (1) A plea of guilty by a defendant or failure to so
plead shall not be considered in withholding or imposing a sentence of
imprisonment.
���� (2) When imposing a sentence of imprisonment the court
shall consider the defendant�s eligibility for release under the law governing
parole, including time credits awarded pursuant to Title 30 of the Revised
Statutes, in determining the appropriate term of imprisonment.
���� d.��� Presumption of imprisonment. �(1) The court
shall deal with a person who has been convicted of a crime of the first or
second degree, or a crime of the third degree where the court finds that the
aggravating factor in paragraph (5), (14), or (15) of subsection a. of this
section applies, by imposing a sentence of imprisonment unless, having regard
to the character and condition of the defendant, it is of the opinion that the
defendant�s imprisonment would be a serious injustice which overrides the need
to deter such conduct by others.� Notwithstanding the provisions of subsection
e. of this section, the court shall deal with a person who has been convicted
of theft of a motor vehicle or of the unlawful taking of a motor vehicle and
who has previously been convicted of either offense by imposing a sentence of
imprisonment unless, having regard to the character and condition of the
defendant, it is of the opinion that imprisonment would be a serious injustice
which overrides the need to deter such conduct by others. �This [subsection] paragraph
shall not apply to a person for whom the court finds that the mitigating factor
in paragraph (15) of subsection b. of this section applies.
���� (2)� In cases of convictions for crimes of the first
or second degree where the court is clearly convinced that the mitigating
factors substantially outweigh the aggravating factors and where the interest
of justice demands, the court may sentence the defendant to a term appropriate
to a crime of one degree lower than that of the crime for which the defendant
was convicted.� If the court does impose a sentence pursuant to this paragraph,
or if the court imposes a noncustodial or probationary sentence upon conviction
for a crime of the first or second degree, the sentence shall not become final
for 10 days in order to permit the appeal of the sentence by the prosecution.
���� e.���� The court shall deal with a person convicted of
an offense other than a crime of the first or second degree, who has not
previously been convicted of an offense, without imposing a sentence of
imprisonment unless, having regard to the nature and circumstances of the
offense and the history, character, and condition of the defendant, it is of
the opinion that imprisonment is necessary for the protection of the public
under the criteria set forth in subsection a. of this section, except that this
subsection shall not apply if the court finds that the aggravating factor in
paragraph (5), (14) or (15) of subsection a. of this section applies or if the
person is convicted of any of the following crimes of the third degree: theft
of a motor vehicle; unlawful taking of a motor vehicle; eluding; strict
liability vehicular homicide pursuant to section 1 of P.L.2017, c.165
(C.2C:11-5.3); if the person is convicted of a crime of the third degree
constituting use of a false government document in violation of subsection c.
of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the person is convicted of a
crime of the third degree constituting distribution, manufacture or possession
of an item containing personal identifying information in violation of
subsection b. of section 6 of P.L.2003, c.184 (C.2C:21-17.3); if the person is
convicted of a crime of the third or fourth degree constituting bias
intimidation in violation of N.J.S.2C:16-1; if the person is convicted of a
crime of the third degree under paragraph (12) of subsection b. of
N.J.S.2C:12-1 or section 2 of P.L.1997, c.111 (C.2C:12-1.1); or if the person
is convicted of a crime of the third or fourth degree under the provisions of
section 1 or 2 of P.L.2007, c.341 (C.2C:33-29 or C.2C:33-30).
���� f.���� (Deleted by amendment, P.L.2025, c.328)
���� g.��� Imposition of Noncustodial Sentences in Certain
Cases. If the court, in considering the aggravating factors set forth in
subsection a. of this section, finds the aggravating factor in paragraph (2),
(5), (10), or (12) of subsection a. of this section and does not impose a
custodial sentence, the court shall specifically place on the record the
mitigating factors which justify the imposition of a noncustodial sentence.
���� h.��� Except as provided in section 2 of P.L.1993,
c.123 (C.2C:43-11), the presumption of imprisonment as provided in subsection
d. of this section shall not preclude the admission of a person to the
Intensive Supervision Program, established pursuant to the Rules Governing the
Courts of the State of New Jersey.
���� i.���� Notwithstanding any provision of N.J.S.2C:43-6
or any other provisions of law to the contrary, in sentencing a defendant for
whom the court finds that the mitigating factor in paragraph (15) of subsection
b. of this section applies, the court may impose sentence as follows:
���� (a) for a crime of the first
degree, a term of at least five years but not more than 10 years;
���� (b) for a crime of the second degree, a term of at
least three years but not more than five years;
���� (c) for a crime of the third degree, a term of not more
than 18 months;
���� (d) for a crime of the fourth degree, a term of not
more than six months; and
���� (e) for a non-indictable
offense, a sentence of probation or conditional discharge.
���� j.���� In determining whether the mitigating factor in
paragraph (15) of subsection b. of this section applies, the court shall
consider all relevant circumstances, and shall take judicial notice of any
evidence, testimony, or information adduced at the trial, plea hearing, or
other court proceedings and any additional relevant evidence including, but not
limited to:
���� (1) court
records;
���� (2) social
services records;
���� (3)
presentencing reports;
���� (4) hospital
records;
���� (5) sworn statements from a witness of the domestic
violence who is not the defendant;
���� (6) criminal
records;
���� (7) domestic
violence incident reports;
���� (8)
protective orders;
���� (9) verification of consultation with a licensed
medical care provider or mental health care provider;
���� (10) testimony or a sworn statement from a trained
professional staff member of a victim services organization, an attorney, a
member of the clergy, a health care professional, or other professional from
whom the person has sought assistance in addressing the trauma associated with
being a victim, or a victim of any of the underlying cases for which the
defendant is being sentenced;�
���� (11)
Department of Corrections records; and
���� (12) any
other evidence the court deems relevant.
(cf: P.L.2025, c.328, s.1)
���� 2. This act shall take effect immediately and shall be
retroactive to the effective date of section 1 of P.L.2025, c.328.
STATEMENT
���� This bill clarifies that a court may sentence a
defendant to a reduced sentence under certain circumstances.
���� Under the bill, in cases of a conviction for a crime of
the first or second degree where the court is clearly convinced that the
mitigating factors substantially outweigh the aggravating factors and where the
interest of justice demands, the court may sentence the defendant to a term
appropriate to a crime of one degree lower than that of the crime for which the
defendant was convicted.� If the court does impose a sentence pursuant to this provision,
or if the court imposes a noncustodial or probationary sentence upon conviction
for a crime of the first or second degree, the sentence would not become final
for 10 days in order to permit the appeal of the sentence by the prosecution.
���� A crime of the first degree is punishable by a term of
imprisonment of 10 to 20 years, a fine of up to $200,000, or both.� A crime of
the second degree is punishable by a term of imprisonment of five to 10 years,
a fine of up to $150,000, or both.
���� This bill restores language omitted under P.L.2025,
c.328.� The bill would take effect immediately and apply retroactively to the
effective date of section 1 of P.L.2025, c.328.
���� Clarifies sentencing under certain circumstances.