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Tuesday, April 23, 2024

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Non-violent Drug Offenders Can Request Resentencing Under AG Directive

Governor Phil Murphy and Attorney General Gurbir Grewal announce a federal lawsuit to overturn IRS rule invalidating New Jersey’s efforts to restore property tax deductibility July 17

By Press Release

TRENTON – In accordance with Attorney General Directive 2021-04, Attorney General Gurbir S. Grewal May 19 established an online portal – njoag.gov/sentencing – for inmates serving sentences for qualifying non-violent drug offenses, or others on their behalf, to request elimination of their mandatory minimum terms.
According to a release, AG Directive 2021-4, which was issued April 19 and wentinto effect May 19, directed the director of the Division of Criminal Justice to establish a mechanism for receiving and reviewing requests for incarcerated defendants seeking to rescind the mandatory minimum term associated with their sentence for a non-violent drug offense. The portal is available for inmates who satisfy the two requirements of AG Directive 2021-4:

  • (a) The inmate is currently serving a sentence for a qualifying drug crime that includes a mandatory period of parole ineligibility
  • (b) At the time of the request, the defendant remains ineligible for parole solely on account of the parole disqualifier mandated by the qualifying drug crime.

After submissions are received to the online portal at njoag.gov/sentencing, prosecutors will work with the Office of the Public Defender to confirm the inmate’s eligibility under the directive for a sentence reduction, and to file a joint motion with the court for those who qualify.
The Office of the Public Defender has agreed to represent qualifying inmates in the filing of a joint motion for a sentence reduction and can provide assistance to inmates and their families seeking to submit a request. Individuals seeking additional information may contact the Public Defender’s helpline, at 833-947-2127, or via email, thedefenders@opd.nj.gov.

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