TRENTON -- Governor Christie’s signature of S2003/A4299 will implement significant and much needed reforms to New Jersey’s juvenile justice system. The bill, sponsored by Senators Nellie Pou and Raymond Lesniak, and Assembly Members Shavonda Sumter, Charles Mainor, Benjie Wimberly, and Maria Rodriguez-Gregg, recognizes the critical need for age-appropriate treatment and access to rehabilitation for juveniles who intersect with the criminal justice system. The new law:
“These reforms to the waiver laws are consistent with the substantial body of research establishing that adolescents’ developmental immaturity renders them less culpable than adults”
The New Jersey Juvenile Justice Reform Coalition is pursuing system-wide reforms of New Jersey’s juvenile justice system, including promoting alternatives to incarceration for youth and improving conditions of confinement for those who are incarcerated. Members of the Coalition’s Steering Committee include Advocates for Children of New Jersey, the American Civil Liberties Union of New Jersey, the Lowenstein Center for the Public Interest at Lowenstein Sandler, the New Jersey Institute for Social Justice, and Rutgers Law School Children’s Justice Clinic in Camden and Criminal and Youth Justice Clinic in Newark.
Through legislative advocacy on this bill, as well as executive advocacy and litigation, the Coalition has sought to reform the process and circumstances under which youth may be placed in an adult prison, and to eliminate the practice of solitary confinement of juveniles. The Coalition applauds the extraordinary leadership of Senator Pou, who more than two years ago, began bringing together advocates (including members of the Coalition), retired judges, county prosecutors, the Attorney General's Office, and other stakeholders to discuss New Jersey’s juvenile justice system and how to improve it through these substantial reforms.
“The historic reforms to New Jersey's juvenile justice system just signed into law will make us fairer, smarter, and safer. While there remains more work to do, these changes are a significant step towards making the ‘justice’ in our juvenile justice system a reality,” says Alexander Shalom, Senior Staff Attorney at the ACLU of New Jersey.
“New Jersey will become the twenty-first state to prohibit the use of punitive solitary confinement by either law or practice, in line with a growing national trend. This is a first and significant step towards reducing the risk of serious harm to juveniles in secure facilities, but we still have a long way to go,” explains Natalie Kraner, Pro Bono Counsel at Lowenstein Sandler. “The new law’s data collection requirement is critical because it will afford transparency to the Juvenile Justice Commission’s continued use of solitary confinement and protect against an overbroad and prolonged use of non-punitive solitary confinement,” adds Kraner.
“Serving time in an adult facility has enormous and lifelong consequences,” remarks Laura Cohen, Director, Criminal and Youth Justice Clinic at Rutgers School of Law. In another important change, youth who have been waived for adult prosecution presumptively will be held in local juvenile detention centers, rather than county jails, while awaiting trial; similarly, any young person who is sentenced to a term of incarceration will be committed to the state's Juvenile Justice Commission until the age of 21 and may remain there beyond that time at the discretion of the Commission. “These reforms to the waiver laws are consistent with the substantial body of research establishing that adolescents’ developmental immaturity renders them less culpable than adults,” explains Cohen.
“While we agree that juveniles should be held accountable for their actions, we must treat juveniles who commit crimes differently than adults. These youth will return to their communities and we must equip them with the skills they need to stay out of trouble and mature into productive adults,” says Mary Cogan, Assistant Director, Advocates for Children of NJ.
“This legislation represents a much-needed paradigm shift in how New Jersey addresses juvenile delinquency issues," adds LaShawn Warren, Vice President and General Counsel of the New Jersey Institute for Social Justice. "It moves the state closer to a rehabilitative model that appropriately factors in developmental considerations of youth and ensures progress toward racial fairness in the state juvenile justice system.”
The following is attributable to Alexander Shalom, Senior Staff Attorney at the ACLU of New Jersey. The ACLU of New Jersey is a member of the New Jersey Juvenile Justice Reform Coalition.
The historic reforms to New Jersey's juvenile justice system signed into law today will make us fairer, smarter, and safer. Solitary confinement of juveniles is a practice that has no place in our state and should only be used as a very last resort. Collecting data on the use of solitary confinement and the practice of trying children as adults will only serve to improve our juvenile justice system. While there remains more work to do, these changes are a significant step towards making the "justice" in our juvenile justice system a reality. The ACLU of NJ thanks Senator Pou, Assemblywoman Sumter for their leadership, and Governor Christie for signing this legislation into law today.
Image: © Richard Ross, www.juvenile-in-justice.com
NEWARK – As New Jersey Governor Chris Christie prepares to announce his candidacy today for president of the United States, the American Civil Liberties Union of New Jersey (ACLU-NJ) reissued its report card on his first term in office.
Christie earned a grade of D+ for his record on civil liberties and civil rights. Now into his second term, Christie not only continues his poor performance, but raises new concerns about his record on key matters of constitutional rights.
“As Americans begin to consider candidates for the presidency, it is vitally important that they are informed about their candidates’ records on constitutional rights and freedoms,” said ACLU-NJ Executive Director Udi Ofer. “We hope that this guide will help voters become more informed about Governor Christie’s stance on key civil liberties and civil rights issues.”
The ACLU-NJ report card graded Christie on 12 crucial civil rights and liberties matters: freedom of expression, freedom of religion, separation of church and state, voting rights, women’s rights, immigrants’ rights, privacy, LGBT rights, criminal justice and drug policy, transparency, separation of powers, and economic justice.
“Governor Christie’s record on civil liberties and civil rights has been a poor one,” said Ofer. “Some of his most frustrating moments have been those times when he paid lip service to the protection of rights but failed to back up words with actions. For gay and lesbian New Jerseyans seeking to marry, sick patients in need of medical marijuana, or New Jerseyans seeking to learn basic information about their state government, the Christie administration has been a failure.”
Christie’s lowest grades were in the areas of transparency, separation of church and state, and separation of powers. The governor earned higher marks in other areas, such as freedom of religion. Following are some highlights (and lowlights).
Christie’s second-term has raised other civil liberties and rights concerns. He has opposed early, in-person voting, dismissing it as an attempt at voter fraud despite the lack of evidence to support such claims. And eight months ago his administration issued an order requiring the detention of medical workers returning from one of three West African countries where they treated Ebola patients, even if they were asymptomatic. The decision was widely criticized by the medical community following the detention of a nurse, Kaci Hickox, at Newark Liberty International Airport. In the face of public pressure, he eventually released Hickox.
Finally, Christie has repeatedly stated that the Patriot Act does not violate civil liberties, despite the fact that numerous federal courts have found provisions of the Act to be unconstitutional and to violate civil liberties.
The following statement is attributable to ACLU-NJ Executive Director Udi Ofer:
“The incidents involving New Jersey police and concertgoers outside of the Summer Jam concert at MetLife Stadium in East Rutherford last night raise serious questions about police practices. We are aware of reports of individuals throwing bottles at responding officers, but any time law enforcement deploy tear gas, sound cannons, armored personnel carriers and riot gear in a civilian context, civil liberties are put at risk and a closer look is required.
“The Attorney General’s office should appoint an independent investigator to determine and publicly report on what led to last night’s events, whether the event was properly managed and policed, how many injuries and arrests took place, and whether the tactics and force deployed by state troopers and potentially other law enforcement personnel were appropriate. The State Police should also release its Standard Operating Procedures for its deployment of the tactics and tools it used with concertgoers last night.
“The ACLU-NJ will continue to monitor information about last night’s incident as it becomes available.”
NEWARK – In a groundbreaking ruling in an American Civil Liberties Union of New Jersey case, a New Jersey judge found that people convicted of crimes as juveniles cannot be sentenced to de facto life without the possibility of parole without carefully considering the role their youth played in their crimes.
The case involved James Comer, who was sentenced at age 17 to serve 75 years in prison, more than 68 without parole. Essex County Superior Court Judge Thomas R. Vena in a ruling Friday, May 8, concurred with the ACLU-NJ that because Comer will be 86 years old when he first becomes eligible for a parole hearing, he had effectively been serving a life sentence. As a result of the ruling, Comer will be resentenced.
“The judge adopted the Supreme Court’s axiomatic observation that children are not just miniature adults. The unique nature of their brain chemistry requires that they be treated differently than adults,” said ACLU-NJ Senior Staff Attorney Alexander Shalom. “This ruling clearly affirms that before a court can condemn a child to die in prison, it must consider the things about youth that make these extreme sentences so ill-suited to juveniles.”
The ACLU-NJ argued that a series of U.S. Supreme Court decisions proscribed courts from sentencing minors to life imprisonment without the possibility of parole, including de facto life sentences. Consistent with these cases, Comer’s resentencing will take into account the immaturity and impetuousness that accompanies youth; his home environment at the time; the circumstances of the offense, the deficiencies of young people in handling real-world functions, such as dealing with attorneys or police officers; and the possibility of Comer’s rehabilitation.
While the judge did not share the interpretation that the Supreme Court’s rulings amounted to an absolute rejection of life sentences of minors, the judge did rule that Comer’s sentence was unconstitutional because the judge failed to factor in the hallmark factors of youth involved in his crime.
“This ruling gets New Jersey courts one step closer to the reality that it is unconstitutional to sentence children to die in prison,” said Lawrence S. Lustberg of Gibbons P.C., who along with Joseph A. Pace, also of Gibbons P.C., represented Comer on behalf of the ACLU-NJ. “The question isn’t whether Comer deserves to be released – the question is whether Comer and other children charged with serious crimes deserve a meaningful opportunity to obtain release as they mature.”
Mr. Comer, now 31 years old, was sentenced in 2003 for his role in four robberies and a felony murder as a juvenile, with no meaningful consideration given to his youth at the time. Felony murder differs from murder in that if a murder is committed during the commission of a crime, everyone involved in that crime is deemed responsible for the murder, even though they did not actually kill or intend to kill. Although he was not the one who pulled the trigger, Comer received a longer sentence than his two accomplices, one who was charged with the actual killing and the other who was an adult.
The resentencing, which has not yet been scheduled, will take place in Essex County. The State plans to appeal Judge Vena’s decision. The decision is available at: http://www.judiciary.state.nj.us/decisions/State%20v.%20Comer%20OPINION;%2003-01-0231%20PDF.pdf
NEWARK – The ACLU of New Jersey (ACLU-NJ) joined marchers participating in the 250-mile March2Justice tonight at their first stop at a community center in Newark to call for an end to police abuses and for a wholesale reform of the U.S. criminal justice system. The group included nearly 100 activists making their way from Staten Island, New York, to Washington, D.C., in a push for criminal justice reform measures.
“We are at a unique moment in our nation’s history where there is finally widespread attention being given to the problem of police abuses and a broken criminal justice system,” said Udi Ofer, Executive Director of the ACLU-NJ, and one of the speakers at tonight’s rally. “It is fitting for this march, which spans five states, to have its first stop in Newark, a city with a long history of being plagued by police misconduct. It is now time to put an end to racial profiling and other forms of police abuses and to build a criminal justice system that treats all people with dignity and respect.”
A 2014 Department of Justice report, which came in response to an ACLU-NJ petition for a civil rights investigation, found that between 75 percent to 93 percent of all police stops in Newark lack a constitutional basis, as well as widespread racial disparities in stops and arrests and a broken internal affairs system. In response, the ACLU-NJ co-launched a new coalition, Newark Communities for Accountable Policing (N-CAP), to reform the Newark Police Department. The coalition is pushing for the creation of a strong and independent civilian complaint review board in Newark, which can serve as a model for the rest of the nation. In addition to the ACLU-NJ, the coalition comprises 1199SEIU United Healthcare Workers East, Ironbound Community Corporation, NAACP of New Jersey State Conference, New Jersey Communities United, Newark LGBTQ Community Center and People’s Organization for Progress.
“Change starts today with a single step,” said ACLU-NJ Organizer Rashawn Davis, one of the speakers during the evening’s rally in support of March2Justice. “The next eight days represents thousands of people nationwide saying, ‘Enough is enough.’ In Newark, we are working to create a civilian review board and a host of other changes, not just for the betterment of our city, but as a model across the country. Despite recent tragedies, we have something to fight for, something to march for.”
The ACLU-NJ celebrated a groundbreaking victory for New Jersey with the signing of a new law that adds oversight to local law enforcement agencies’ acquisition of surplus military equipment. When New Jersey Governor Chris Christie signed S2364, sponsored by Senator Nia Gill and Assemblyman Gordon Johnson, into law on March 16, New Jersey became the first state to require approval from local legislative bodies before municipalities and counties can obtain military equipment through the Department of Defense’s “1033 program.”
"This victory represents a critical step forward for accountability and transparency in our towns and cities,” said ACLU-NJ Public Policy Director Ari Rosmarin. “For the first time ever, New Jerseyans will have a say in the decisions to acquire military weaponry being made in their name. While war winds down overseas, we must ensure that the flow of millions of dollars’ worth of surplus military weapons and equipment does not turn our communities into battlefields.”
Under the new law, local governing bodies will have to approve these acquisitions before towns can receive them. In recent decades, New Jersey law enforcement agencies have acquired nearly $33 million’s worth of military equipment, including armored vehicles, grenade launchers, and assault rifles, among other inventory.
In July 2014, Bergen County came under fire for seeking two mine-resistant ambush-protected vehicles, and the ACLU-NJ mobilized Bergen County activists against the move. Ultimately, the Bergen County Sheriff’s Department withdrew the request.
In addition to signing S2364, Governor Christie conditionally vetoed S2365, a companion bill that would have given the New Jersey Office of the Attorney General additional oversight over the transfer of military equipment from the federal government to New Jersey counties and towns.
“The increasing militarization of police departments is a civil rights and liberties problem across the United States,” Rosmarin added. “We are proud that New Jersey is the first state in the nation to enact a law of this kind calling on local elected officials and community members to curb the growing militarization of local cops. The Governor’s decision to veto S2365, however, was a disappointment. Boosting transparency and establishing robust state-level oversight remain priorities and we look forward to working with legislative leaders and the administration to find a path forward toward accountability."
The ACLU has identified significant civil rights and civil liberties threats from the militarization of local police departments, as documented in the report “War Comes Home: The Excessive Militarization of American Policing.” It found that nearly 80 percent of SWAT team deployments were for executing search warrants, and it reported on racial disparities in SWAT raids. Other states, including Massachusetts, are currently considering similar legislation adding oversight to local jurisdictions’ acquisition of military equipment.
NEWARK — Prohibition has failed in New Jersey, and it’s time for common-sense reforms that will legalize, tax and regulate the personal use of marijuana by adults.
That was the message delivered Wednesday by New Jersey United for Marijuana Reform — a new, broad-based coalition from New Jersey’s public safety, medical, civil rights, and criminal justice reform communities — at a news conference to announce the launch of its statewide campaign to control, tax and regulate marijuana.
The event marked the formal launch of the campaign and introduced its lead partners from across the state:
In the coming year, New Jersey United for Marijuana Reform will work with allies and volunteers from across the state to build broad consensus in support of legalization from northern to southern New Jersey, across political lines, and from the public health and law enforcement communities. New Jerseyans will stand united in ending our state’s prohibition on marijuana.
"Today, we are launching this coalition because the status quo has failed, and it’s time to begin fixing our criminal justice system by ending unjust and discriminatory marijuana arrests,” said Udi Ofer, Executive Director of the ACLU of New Jersey.
“New Jersey police make tens of thousands of arrests every year for marijuana possession even though the majority of Americans believe that marijuana should be legal,” Ofer said. “It’s time to stop turning otherwise law-abiding adults into criminals. It’s time to take marijuana out of the parks and street corners and into a regulated and licensed system for adults. “
New Jersey wastes more than $127 million enforcing marijuana laws every year, according to the 2013 ACLU report “The War on Marijuana in Black and White.” Legalizing, taxing and regulating marijuana would bring New Jersey significant revenue through a controlled marketplace, creating jobs and opportunities to reinvest in our communities. Law enforcement resources that could be better used to protect public safety would be preserved while reducing corrections and court costs associated with small marijuana possession arrests.
“As a municipal prosecutor, I have had to waste countless taxpayer dollars and hours of police officers’ time to prosecute New Jerseyans, usually just over a joint,” said Jon-Henry Barr, Esq., President of the New Jersey Municipal Prosecutor's Association. “It's brought me to the point where I believe that legalization and regulation are the only way to ensure that prosecutors are not wasting precious taxpayer resources and that we have the time to prosecute serious crimes.”
Law enforcement officials have been some of the most vocal supporters of taxing, regulating and controlling marijuana use and distribution, pointing to the public safety costs of maintaining the status quo.
“New Jersey’s marijuana policies have failed, and continue to fail to effectively address the problems of drug abuse, especially the problems of juvenile drug use, the problems of addiction, and the problems of crime caused by the existence of a criminal market in drugs,” said Lieutenant Jack Cole (Ret.), a 26-year veteran of the New Jersey State Police, and co-founder and board chair of Law Enforcement Against Prohibition. “Regulation of marijuana will enhance public safety by striking a blow to the illegal drug market and will free up New Jersey law enforcement resources to focus on serious crime.”
New Jersey police make more than 21,000 arrests every year for marijuana possession. These arrests disproportionately affect New Jersey’s black community according to the ACLU report. The consequences of being arrested for possession of even a small amount of marijuana can include up to six months in jail, loss of job and driver’s license suspension, and more than $1,000 in fees and fines.
“New Jersey’s marijuana laws are failing people of color. Black people in New Jersey are nearly three times more likely to be arrested for marijuana possession than white people, despite similar usage rates,” said Richard Smith, President of the NAACP New Jersey State Conference. “Today’s announcement is a game-changer for our community. Marijuana regulation will eliminate thousands of arrests per year and provide new sources of revenue to invest in our communities for education, jobs and public safety.”
For the vast majority of people who consume marijuana today, the greatest harms are not health-related. They are the criminal and civil sanctions that can prohibit them from securing employment, housing or an education.
“Throughout my career as a clinical psychiatrist, I have borne witness to the devastation brought upon marijuana users — not so much by misuse of the drug, but by a justice system that uses a sledgehammer to kill a weed. Currently, the criminal consequences of marijuana use are far worse than the medical consequences, and this is a national tragedy,” said Dr. David Nathan, MD, a Princeton-based psychiatrist. “Marijuana possession should be legal for adults, and we should use revenues from marijuana taxation to educate young people about the actual harms caused by its recreational use.”
In addition to the leadership of NJUMR, organizations and individuals from across New Jersey have endorsed the launch of the campaign, including:
The NJUMR steering committee also announced the launch of www.NJMarijuanaReform.org, a clearinghouse for information and activism in support of controlling, taxing and regulating adult marijuana use and possession.
New Jersey would become the fifth state to reform its marijuana laws by creating a regulated system. Ballot measures to legalize marijuana passed in Colorado and Washington in 2012, andin Alaska, Oregon and Washington, D.C., in 2014.
Members of the Campaign for Alternatives to Isolated Confinement, a coalition of groups committed to ending solitary confinement, as currently practiced in New Jersey's jails and prisons, testified today in favor of a bill to severely restrict its use. The bill, S-2588, sponsored by State Senators Peter Barnes III and Raymond Lesniak, would impose limits and safeguards that have been shown to improve both institutional and community safety.
“I’ve been on both sides of solitary confinement, and I know that many people think of it as a temporary punishment that lasts only as long as the isolation itself,” said Terrell A. Blount, a student in Rutgers University’s Master of Public Administration program. “Based on what I’ve seen working with men who have served long sentences, some who served 10 years in isolation, solitary confinement is a sentence that lasts a lifetime. At the age of 21, I entered solitary myself, and I was assaulted by a man twice my age with a sentence four times longer than my own. Most people who serve time in solitary will re-enter society. And when they do, we should ask ourselves if we want them to be haunted by the torture they endured, or if we want them in a position where they can make the greatest contributions to society as possible. New Jersey needs this bill signed into law, as do the countless men and women in our state who have been subjected to the unjust and inhumane practice most commonly called solitary confinement.”
Specifically, S-2588 would:
“Long-term solitary confinement is cruel, it’s expensive, and it’s ineffective,” said ACLU-NJ Senior Staff Attorney Alexander Shalom. “This bill has the potential to bring New Jersey in line with other states across the country, from New York to Mississippi, that have made their prisons safer and increased the safety of society. Long term solitary confinement is clearly recognized as torture, and it’s time New Jersey took steps to bring its use to an end. This bill is the best opportunity we’ve had.”
In effect, the bill would encourage corrections authorities to seek effective safe alternatives and use isolation only as a last resort, in contrast to its current status as a routine form of punishment.
Solitary confinement refers to the practice of locking people in small cells for 20 or more hours at a time, whether alone or with others, without any sensory or mental stimulation. Research has clearly shown that such confinement inflicts devastating, sometimes irreparable trauma, especially for young people and people with mental illnesses. Studies have widely shown solitary confinement to be an expensive and ineffective practice that compromises safety inside correctional institutions as well as public safety in the community, where it interferes with successful prisoner re-entry and is associated with increased recidivism.
“There are so many reasons not to use solitary confinement: the often permanent mental trauma, the increased violence, the added difficulties prisoners face upon reentry,” said Bonnie Kerness, director of the American Friends Service Committee’s Prison Watch Program. “The isolation and lack of human contact is considered no-touch torture, and for the sake of human rights, civil rights, and political rights, we must abolish it, and that starts here today with this bill.”
Across the country, other states have improved corrections operations and public safety by instituting alternatives to solitary confinement. Most recently, New York severely limited its use of solitary confinement with legislation similar to S-5288, banning the solitary confinement of juveniles and people with mental illness. Washington state uses segregated housing sparingly, incorporating tactics such as restricting privileges. Maine State Prison’s institutional violence decreased as a result of a reduction in use of solitary confinement. When Mississippi reduced its isolation of prisoners, the state not only saw drastic declines in prison violence, but saved more than $5 million.
“Roughly 95 percent of those currently incarcerated will one day return home to our communities,” said the Rev. Charles F. Boyer, pastor of St. James African Methodist Episcopal Church in Somerset, NJ, and a member of the National Religious Campaign Against Torture. “We believe it is a moral imperative that these individuals, our neighbors, return home prepared to contribute meaningfully within their communities.”
The ACLU-NJ in 2013 filed a petition with the Juvenile Justice Commission to end the solitary confinement of children as punishment, and in 2014 filed a lawsuit on behalf of an inmate with multiple mental disorders held in solitary for months at a time in the Middlesex County Jail. While juveniles and people with mental illness in particular are most vulnerable to the devastating, permanent effects of solitary confinement, the practice inflicts heavy psychological damage in all groups of people.
“It is now past time to stop subjecting human beings in State custody to long term isolation, by supporting S2588 today, said attorney Jean Ross, a member of the People’s Organization for Progress. “In New Jersey, the time to end this practice is now, and the way to end it is with this legislation. Because our state was the first to legislatively abolish the death penalty, we are optimistic that the New Jersey Legislature will also take this step to demonstrate that there are more effective and humane ways to keep us safe.”
The New Jersey Supreme Court today handed down a ruling (PDF) affirming that a parent is not guilty of child abuse just for admitting to cursing and using off-color language. The ACLU-NJ argued as a friend of the court in State of New Jersey v. Tate that a foster father’s vague description of having cursed and used off-color language in front of his child as part of a guilty plea -- which he requested to withdraw -- was not strong enough evidence of habitual use of obscenity.
“Today’s decision rejects the dangerous notion that offensive language alone amounts to a crime,” said CJ Griffin of the law firm Pashman Stein, who authored the brief (PDF) and argued on behalf of the ACLU-NJ. “We’re pleased that the Court recognized that a defendant’s admission to having used curse words and off-color language in front of a child was too vague on details to make him guilty of abuse on that basis alone.”
The ACLU-NJ also argued that the one-hundred-year-old law should be struck down as unconstitutionally vague, but the Supreme Court decided it did not need to address that issue in this case.
“We’re gratified with the court’s decision to safeguard lawful speech by requiring trial courts to obtain factually sufficient guilty pleas,” said ACLU-NJ Deputy Legal Director Jeanne LoCicero. “The law in question at the center of this case, however, still raises serious constitutional problems, and we hope those issues can be resolved either through the legislature or through the courts.”