The Administrative Office of the Courts issued Directive #10-26 to allow certain defendants who are victims of domestic violence or substantial abuse to seek reduced sentencing or resentencing. The confidential petition for resentencing form can be filed electronically.
The new directive was issued following enactment of S4870 (McKnight) (2024-25), which established a new mitigating factor, reduced sentencing, and resentencing for victims of abuse. Another bill – S4871 (Ruiz) - signed into law at the same time provides for an expungement process for these same defendants. The bills were signed into law in January of this year as one of Gov. Phil Murphy’s last acts before he left office.
“No one should be punished more harshly because the justice system failed to recognize the trauma they were trying to survive,” said Sen. Angela V. McKnight, prime sponsor of the legislation. “By acknowledging how domestic violence and abuse can drive people into the justice system, these bills restore fairness, offer survivors a path to stability, and help ensure accountability without perpetuating harm.”
Defendants eligible for petition must meet all of the filing criteria:
- There must be a conviction of a crime, other than murder or a crime requiring registration as a sex offender under N.J.S.A. 2C:7-2
- The defendant is incarcerated in a state correctional facility or county jail or is otherwise under the custody or supervision of the Department of Corrections
- The defendant does not have a pending appeal and the time for an appeal has expired
- The defendant has not had their sentence suspended, been paroled, or discharged
- The defendant was a victim of domestic violence as defined under N.J.S.A. 2C:25-19 or was otherwise subjected to substantial physical, sexual or psychological abuse
- The domestic violence or abuse was a contributing factor to the defendant’s conviction
- The defendant has not been resentenced or previously granted relief under this section
A defendant is eligible regardless of whether they raised a defense based on abuse or entered a guilty plea prior to original sentencing. Petitioners are entitled to representation by the Office of the Public Defender unless the petitioner retains private counsel.
A full copy of Directive #10-26 may be found here.