The New Jersey Institute for Social Justice is a non-partisan urban research and advocacy organization founded in 1999 by the Amy and Alan V. Lowenstein Foundation. Based in Newark, the Institute promotes the development of economically healthy and vibrant urban communities and challenges practices and policies that prevent urban New Jersey from achieving its full potential.
Click here for more info on the Institute's Reentry Initiative, as well as its other programs and publications: www.njisj.org
New Jersey Prisoner Reentry Fact Sheet
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IN THIS ISSUE
- New Jersey Supreme Court Decisions Impact State's Sentencing Schemes
- Bureau of Justice Statistics Presents Data on Sexual Violence Reported by Correctional Authorities in 2004
- National Advocates Call for Federal Action to Curb Workplace Abuses Caused by Criminal Background Checks
- New Documentary from the National Media Outreach Campaign: "Reentry: Life on the Outside"
- New Book: "Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases"
- NJ Update: The Juvenile Justice Commission Seeks Comments on Comprehensive New Regulations for Juvenile Discipline (N.J.A.C. 13:101)
Other News:
- "Family Members of People Incarcerated" and Other Organizers Prepare for an August 13 March on Washington to Demand Criminal Justice Reform
- Call for Applications: Soros Justice Advocacy & Justice Media Fellowships
- New Jersey Faith & Community Based Resource Expo on September 16
New Jersey Supreme Court Decisions Impact State's Sentencing Schemes
On August 2, the New Jersey Supreme Court addressed the impact of several U.S. Supreme Court rulings on New Jersey's criminal sentencing scheme. In State v. Natale the court ruled that the provision of the sentencing code which authorizes "presumptive" sentences at the midpoint of the sentencing range violates a defendant's jury trial guarantee, since it allows a judge to impose sentence above the presumptive sentence upon a finding of aggravating factors. To minimize disruption in New Jersey's sentencing scheme, the court eliminated presumptive sentences entirely, leaving a judge free to impose sentence within the statutory range, using aggravating and mitigating factors, so long as it is based on "competent, credible evidence." In State v. Franklin, the court held, among other things, that any fact that increases the penalty for a crime beyond the statutory maximum, other than a prior conviction, must be submitted to a jury and proved beyond a reasonable doubt. Both decisions will apply retroactively to those with cases on appeal.
- » Read summary by the New Jersey Commission to Review Criminal Sentencing
- » Read State v. Natale
- » Read State v. Franklin
Bureau of Justice Statistics Presents Data on Sexual Violence Reported by Correctional Authorities in 2004
According to a new report by the Bureau of Justice Statistics, "Sexual Violence Reported by Correctional Authorities 2004", state and federal authorities substantiated nearly 2,100 cases of sexual violence in adult correctional facilities in 2004. This represented only one-third of all completed investigations into the estimated 8,210 allegations of sexual violence behind bars. The data was collected pursuant to the Prison Rape Elimination Act of 2003, which establishes a zero-tolerance policy for inmate-on-inmate and staff-on-inmate sexual violence in correctional facilities. Nevertheless, as BJS states, "[d]ue to fear of reprisal from perpetrators, a code of silence among inmates, personal embarrassment, and lack of trust in staff, victims are often reluctant to report incidents to correctional authorities." BJS thus cautions that reported figures of sexual violence are probably underestimated.
- » Read the BJS Report
- » Response from the Commission on Safety and Abuse in America's Prisons
- » Read the Human Rights Watch Report "No Escape: Male Rape in US Prisons"
- » Read Amnesty International's "Not Part of Her Sentence: Violations of the Human Rights of Women in Custody"
National Advocates Call for Federal Action to Curb Workplace Abuses Caused by Criminal Background Checks
National groups representing labor, civil rights and privacy advocates called attention to the expansion of mandates that prohibit employment of people with criminal records. The National Employment Law Project, AFL-CIO Transportation Trades Department, NAACP Legal Defense and Education Fund, National H.I.R.E. Network, and the Privacy Rights Clearing House urged the U.S. Attorney General and Congress to limit abuses that undermine the fairness and effectiveness of employment screening laws. The groups submitted comments in response to the Attorney General's request for recommendations for a report being prepared for Congress required by the 2004 Intelligence Reform Law.
Related Articles:
- » Read Star Ledger Article about Movement to Expunge Criminal Records
- » See Legal Services of New Jersey (LSNJ) Online Expungement Manual
New Documentary from the National Media Outreach Campaign: "Reentry: Life on the Outside"
This film documents the first-hand accounts of former prisoners who have made the transition from prison to the community, citing their struggles, successes and failures. During this fifty-minute video, a diverse group of formerly incarcerated men and women speak openly and honestly about post-release issues related to housing, substance abuse, employment, education and family. In addition, their children provide powerful, moving testimonials that reflect the emotional and psychological trauma they've experienced as a result of their parents' incarceration. The program features in-depth interviews and analysis from educators, practitioners, and program directors on factors that are predictors for relapse, re-offending and recidivism.
New Book: "Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases"
The National Council of Juvenile and Family Court Judges recently released "Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases." These guidelines, compiled by a committee of judges, a Chief Justice, prosecutors, defense attorneys, and juvenile court practitioners and other professionals, seek to promote best practices in individual cases and in juvenile court systems generally.
- » Get the Guidelines
- » Related article: Pennsylvania Court overturns law barring adjudicated delinquents from returning to regular public schools
- » See "On the Outs", an award-winning dramatic narrative film about the real life stories of three New Jersey girls who spent time in juvenile facilities.
New Jersey Update: The Juvenile Justice Commission Seeks Comments on Comprehensive New Regulations for Juvenile Discipline (N.J.A.C. 13:101)
The Juvenile Justice Commission is soliciting comments for "proposed comprehensive disciplinary rules tailored to meet the disciplinary and rehabilitative goals specific to juveniles committed to Commission facilities." According to the Commission, supervision practices, rehabilitative intervention strategies and sanctions that are appropriate to juveniles distinguish the Juvenile Justice Commission's proposed rules from rules for adult inmate discipline. Written comments must be submitted by September 16, 2005.
Other News...
- "Family Members of People Incarcerated" and Other Grassroots Organizers Prepare for an August 13 March on Washington to Demand Criminal Justice Reform
- Call for Applications: Soros Justice Advocacy & Justice Media Fellowships
- New Jersey Faith & Community Based Resource Expo on September 16th
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