April 19, 2021

TRENTON, NJ (MERCER)–Children of military families who attended high school in New Jersey, but are not currently living in the state, are now eligible for in-state tuition at public New Jersey colleges under a measure sponsored by Assemblyman Ron Dancer and signed into law by Gov. Phil Murphy today.

“Military commitments and sacrifices involve the entire family,” said Dancer (R-Ocean). “Most military families move every two to three years, and some even more frequently. For a military child, it’s possible to have moved 10 times by the time they are 12 and to have changed schools six to nine times between kindergarten and high school graduation.”

Dependent children of military personnel will be eligible to pay in-state tuition rates at New Jersey’s public colleges and universities if they attended high school in the state for at least three years.

“Moving around the country and the world can present many challenges for children,” continued Dancer. “Extending in-state tuition rates for young people who called New Jersey home, but had to move because of their families’ service to this country, is a small gesture that could potentially make a big impact. We want young people to come home to New Jersey, study here and build their lives and careers here. This is an incentive to bring people back to New Jersey.”

There are about 1.4 million military-connected children between 4 and 18 years old in the United States.

Both houses of the Legislature passed the bill (A2142/S275) unanimously. The law takes effect immediately.

April 19, 2021

TRENTON, NJ (MERCER)–Police and firefighters who have worked for 20 years, but now face burnout from pandemic service, will be granted the ability to retire, regardless of their age, thanks to a measure sponsored by Assemblyman Ron Dancer that was signed by the governor today.

Members of the Police and Firemen’s Retirement System (PFRS) who have served for 20 years will not have to meet an age requirement to be eligible to retire, as long as they retire within two years of the enactment of the law (A2562/S1017). They will receive a pension equal to 50 percent of their final salaries, a benefit that was previously only available for those who retire at 55 years of age or older with 20 years of service.

“The stress that comes with serving on the front lines night and day in law enforcement or fighting fires can be overwhelming. This past year, we have asked our first responders to step up like never before as the coronavirus took more than 25,000 lives in our state,” said Dancer (R-Ocean). “New Jersey allowed police and firefighters of any age to retire with 20 years of service before, and that benefit should be extended to our brave men and women in uniform who experienced incredible risk, stress and difficulty over the past year.”

A law was enacted in 2000 that allowed PFRS members who were already enrolled to retire at any age with 50 percent of their final compensation upon attaining 20 years of service. Any member who enrolled in the retirement system after Jan. 18, 2000, is not eligible for this benefit.

“From past experience, we know that no more than 2 percent of members eligible to retire with 20 years of service will likely choose to do so. It’s more than just a job for those who go above and beyond the call of duty to protect and serve, but we must recognize that they can and do suffer from burnout,” explained Dancer. “If they believe that it is in their best interest to retire with two decades of service, knowingly giving up valuable health benefits, we should permit them to do so.”

Members who retire at 20 years of service would not be eligible for health benefits, so those costs would not be imposed on the state and local governments. PFRS provides pension coverage to full-time county, municipal, and state police officers and firefighters. State police officers who are covered by the State Police Retirement System are not covered by this law. Local governments and the state both pay employer contributions.

April 19, 2021

NEWARK, N.J. – A New York man made his initial appearance today for alleged abusive sexual contact with a female passenger on a flight to Newark Liberty International Airport, Acting U.S. Attorney Rachael A. Honig announced.

Ryan Manuella, 28, of Cheektowaga, New York, is charged by criminal complaint with one count of abusive sexual contact on an airplane. He had his initial appearance by videoconference before U.S. Magistrate Judge Jessica S. Allen in Newark federal court and was detained.

According to the complaint:

While on an April 16, 2021, flight from Denver, Colorado, to Newark, Manuella moved to a vacant center seat next to a female passenger, who was sitting in a window seat. Manuella was unknown to the victim. While seated next to the victim, Manuela touched her on the groin and inner thigh without her permission.

The abusive sexual contact charge carries a maximum term of two years in prison and a $250,000 fine.

Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and officers of the Port Authority Police Department, under the direction of Superintendent of Police Edward Cetnar, with the investigation leading to the charge.

The government is represented by Assistant U.S. Attorney Hayden M. Brockett of the Health Care Fraud Unit in Newark.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

21-140

• Manuella.Complaint.pdf

April 19, 2021

TRENTON, NJ (MERCER)–The New Jersey Motor Vehicle Commission (NJMVC) today announced the addition of an “X” gender option on New Jersey driver licenses and non-driver identification cards.

Gender “X” will indicate a gender is unspecified, and it will be offered alongside the existing “M” (male) and “F” (female) gender options on licenses and IDs. This is offered not only to New Jersey residents who identify as non-binary, but for anyone who prefers that their gender not be specified on their license or ID.

For those wishing to change their gender marker on a license or ID, that option is available in New Jersey by self-attestation. Customers only need to fill out the associated form available on the MVC website and visit an MVC Licensing Center as a walk-in customer. Customers will have to surrender their current license or ID and pay a standard fee of $11.00 to receive a duplicate card.

“Diversity and inclusion are core values for New Jersey, and for all of us at the MVC. We know this new option will be deeply impactful for many residents, as access to resources and the ability to live and work freely so often hinges on having documentation that correctly reflects your identity,” said MVC Chief Administrator Sue Fulton.

“We’re thrilled that New Jersey has joined 19 other states and Washington, DC in offering X gender markers on driver’s licenses and state IDs,” said Christian Fuscarino, Executive Director of Garden State Equality. “This option will allow New Jerseyans, particularly nonbinary and intersex people, to enjoy a right many of us take for granted – having ID that accurately reflects who we are. We applaud the MVC for taking another step to improve the lives of LGBTQ+ New Jerseyans.”

Originally planned for late 2020, the implementation of a gender “X” option was delayed due to the COVID-19 public health emergency, and it required modifications to the MVC computer system and completing the move to issue licenses and IDs via Central Issuance.

The MVC previously announced the ability to change the M/F gender designation on licenses and IDs in February 2020, following passage of the “Babs Siperstein Law” in 2018.

For the latest MVC news and updates, visit NJMVC.gov and follow the MVC on Twitter (@NJ_MVC), Facebook (NewJerseyMVC), and Instagram (njmvc).

April 19, 2021

TRENTON, NJ (MERCER)–Governor Murphy today announced the appointments of Babatunde P. Odubekun, Stephanie Brown, Patricia C. Morgan, and Victor J. Herlinsky, Jr., to the State Ethics Commission. The Commission administers and enforces the New Jersey Conflicts of Interest Law and the Casino Control Act, and also operates under administrative authority granted by Governors Kean, Codey, Corzine, Christie, and Murphy.

“I am proud to appoint Babatunde, Stephanie, Patricia, and Victor to the State Ethics Commission,” said Governor Murphy. “This commission has one of the most important functions in our state, serving as a safeguard for the integrity of our government. I am confident that each of these nominees will serve honorably and work to ensure public trust in our state government.”

Babatunde P. Odubekun serves as Commercial Counsel for Distributed Solar Development, a renewable energy firm. Mr. Odubekun previously served as Associate Counsel for the New Jersey Board of Public Utilities. He has also worked as Deputy General Counsel and Vice President of Infinity Energy. An active member of the community, Babatunde has previously served as a Commissioner on the Newark Housing Authority, the largest public housing authority in the State of New Jersey. He currently serves as a Trustee and Corporate Secretary of the Newark Print Shop, a non-profit organization dedicated to promoting the fine art of printmaking. Mr. Odubekun received his bachelor’s degree from Rutgers University, and his J.D. from Rutgers Law School, where he served as editor-in-chief of the Rutgers Computer and Technology Law Journal. 

Stephanie Brown is currently the Senior Manager of Government Affairs for Remarkable Foods, Inc., a stealth mode food tech start-up. She previously served as associate counsel for Governor Murphy in the Governor’s Authorities Unit, which provides oversight of the governance and operations of more than 50 independent state and bi-state agencies. She is currently the Deputy Chapter Director of New Leaders Council New Jersey, a nationwide training program for the next generation of progressive leaders. Ms. Brown has also served as a Trustee for the Hispanic Bar Association of New Jersey, a Commissioner on the Human Relations Commission for the Township of West Orange, a member of the New Jersey Supreme Court Committee on Minority Concerns, and as a mentor in the NJLEEP and American Dream Pipeline Programs. Ms. Brown attended Seton Hall University School of Law, and completed her undergraduate study at Rutgers, the State University of New Jersey. She graduated from Rutgers University with a dual degree in Political Science from the School of Arts and Sciences, and Planning and Public Policy, from the Edward J. Bloustein School of Planning and Public Policy.

Patricia C. Morgan is a leader of statewide education research, policy, and advocacy and is currently the Executive Director of JerseyCAN which is dedicated to improving educational outcomes and opportunities for all of New Jersey’s students. Previously she was the Case Manager for the Workplace Accommodations Team for Verizon, Assistant Commissioner for the New Jersey Department of Education, Assistant Counsel for the Governor’s Counsel’s Office, and an associate for Labor and Employment at Greenberg Traurig LLP. Ms. Morgan received her J.D. from the Seton Hall University School of Law, and her bachelor’s degree from Drew University.

Victor J. Herlinsky, Jr. is a litigator with more than 25 years of experience and specialties in commercial litigation, land use and redevelopment law, and government investigations. He currently a member of the firm at Sills Cummis & Gross P.C. He previously served as a Partner at the law firms of Nowell Amoroso Klein & Bierman, LLP  and Lafferty, Suh, and Herlinsky. He was chosen in 2008 to serve as President of the 56th Electoral College of New Jersey. He has also been a transition team member for numerous public officials including Newark Mayor Cory Booker and Governor Jon Corzine as well as many municipal and county administrations. He was appointed by Corzine to the New Jersey Interagency Council to Prevent and Reduce Homelessness. Additionally, he was appointed by President Barack Obama to the President’s Advisory Committee on the Arts of the John F. Kennedy Center for the Performing Arts. Mr. Herlinsky received his J.D. from American University and his bachelor’s degree from Bucknell University.

April 19, 2021

TRENTON, NJ (MERCER)–Governor Phil Murphy today signed a series of bills strengthening how law enforcement agencies handle sexual assault cases. These bills direct law enforcement agencies to allocate additional resources to sexual assault cases, increase training for prosecutors on how to manage these cases, and change reporting structures to ensure that survivors are properly notified about their cases. As part of this package of bills, Attorney General Gurbir Grewal will also be tasked with publishing an annual report detailing the scope of sexual assault incidents statewide. 

“It is imperative that we take steps to make sure that survivors in New Jersey know they can seek justice,” said Governor Murphy. “Giving our law enforcement agencies clear directives and guidance on how to manage sexual assault cases will ensure that these cases are handled with survivors in mind. These long-overdue reforms will change how survivors interact with law enforcement agencies and provide additional information on the scope of these incidents. I am proud to sign these bills into law.”

Previously, Governor Murphy signed the Sexual Assault Victim’s Bill of Rights,  legislation to protect survivors, and legislation to create a new commission on campus sexual assault. Attorney General Grewal also issued a directive to law enforcement in 2018 that created fourteen protocols prioritizing the needs and concerns of sexual assault victims in New Jersey and ensuring that victims are treated with respect and understanding by law enforcement in the days, weeks, and months after reporting an assault. Many of today’s actions codify and expand on that 2018 directive.

Governor Murphy today signed the following legislation:

• S3070/A4884 (Weinberg, Turner/Vainieri Huttle, McKnight, Reynolds-Jackson) Establishes “Sexual Violence Restorative Justice Pilot Program.” 
• S3071/4885 (Weinberg, Ruiz/Vainieri Huttle, Lopez, Reynolds-Jackson) Requires law enforcement provide victim of sexual assault with initial incident report; provides victim with option to review initial incident report and submit corrective form.
• S3072/A4886 – (Weinberg, Cunningham/Vainieri Huttle, Murphy, Reynolds-Jackson) Requires resources be made available to victims of sexual assault.
• S3073/A4887 – (Weinberg, Corrado/Vainieri Huttle, Jasey, Timberlake) Establishes right of victims to be notified of county prosecutor’s charging decision in sexual assault cases.
• S3074/A4888 – (Weinberg, Greenstein/Vainieri Huttle, Lopez) Requires the Office of the Attorney General to issue an annual report concerning sexual assault cases.
• S3075/A4889 – (Weinberg, Pou/Vainieri Huttle, Quijano, Speight) Establishes sexual violence liaison officer in Division of State Police and local police departments.
• S3076/A4890 – (Weinberg, Gill/Vainieri Huttle, McKnight, Reynolds-Jackson) Requires sexual assault training for prosecutors.

“This legislation codifies and in some instances expands upon the important steps our office has taken in the last several years to improve the way law enforcement officers and prosecutors engage with victims of sexual assault, with the goal of ensuring that survivors’ cases are handled in accordance with best practices by police and prosecutors,” said Attorney General Grewal. “With the signing of these bills into law, New Jersey stands as a model for improving survivor-focused case management and law enforcement training and reporting, so we can achieve justice while treating survivors of sex crimes with the respect and compassion they deserve.”

“Today, New Jersey adds to its portfolio of survivor-centered, trauma-informed laws and transforms how our state responds to the needs of survivors of sexual violence,” said Patricia Teffenhart, Executive Director of the New Jersey Coalition Against Sexual Assault (NJCASA). “The signing of todays’ package of bills is a direct reflection of what kind of change is possible when we collectively center the lived experiences of survivors to inform necessary policy and practice reforms. NJCASA is thankful for the survivors, advocates, bill sponsors, and Governor Murphy who made this possible.”

Rejects Legislation that Would Have Eliminated Mandatory Prison Time for Corrupt Elected Officials and Bad Actors in Law Enforcement That Violate the Public Trust

April 19, 2021

TRENTON, NJ (MERCER)–Attorney General Gurbir S. Grewal today issued a statewide directive to law enforcement instructing prosecutors to waive mandatory parole disqualifiers—commonly known as mandatory minimum prison terms—for non-violent drug offenses.

Directive 2021-4 addresses both current and past cases. Going forward, it directs prosecutors to waive the mandatory minimum terms associated with any non-violent drug offense under New Jersey law. In addition, when requested by an individual who remains in prison solely because of a mandatory minimum term for a non-violent drug offense, prosecutors will file a joint application to rescind the mandatory period of parole ineligibility, so that, in effect, the individual’s modified sentence will be as if no mandatory minimum had been imposed.
 
The Directive essentially takes the imposition of mandatory minimum terms “off the table” for all current and future non-violent drug defendants, and allows those currently incarcerated pursuant to such mandatory terms an opportunity for early release from custody. In doing so, the Directive achieves—to the greatest extent possible under current law—the 2019 recommendation of Governor Murphy’s Criminal Sentencing and Disposition Commission, which called for, with broad consensus, the elimination of all mandatory minimum terms for non-violent drug crimes.
 
“We cannot stand by and ignore the unjust and racially disparate impact of these mandatory minimum terms on non-violent drug offenders—primarily young persons of color,” said Governor Phil Murphy. “It’s been well over a year since the Criminal Sentencing and Disposition Commission unanimously concluded that these mandatory minimums must be eliminated, and still justice is delayed and denied. We are through with waiting. My decision to return the bill on my desk to reflect the Commission’s recommendations is made substantially easier because of Attorney General Grewal’s strong action to stop these unfair prison sentences.”
 
“It’s been nearly two years since I first joined with all 21 of our state’s County Prosecutors to call for an end to mandatory minimum sentences for non-violent drug crimes,” said Attorney General Grewal. “It’s been more than a year since the Governor’s bipartisan commission made the same recommendation. And yet New Jerseyans still remain behind bars for unnecessarily long drug sentences. This outdated policy is hurting our residents, and it’s disproportionately affecting our young men of color. We can wait no longer. It’s time to act.”
 
The Commission’s recommendation to eliminate mandatory minimum terms for non-violent drug offenses received widespread support, including endorsement by the Governor, legislative leaders, the Public Defender, the Attorney General, and all 21 County Prosecutors. Mandatory minimum laws have fueled the significant increase in New Jersey’s prison population over the last four decades, and have also contributed to the stark racial disparities in the state’s prisons. The Commission noted that Black residents constitute 14 percent of the state’s overall population, but 61 percent of its inmate population, with many serving sentences for non-violent drug offenses.
 
Under New Jersey law—N.J.S.A. 2C:35-12 (“Section 12”)—prosecutors have the ability to waive the otherwise mandatory period of parole ineligibility for a drug offense. Section 12 states that the parties can enter into an agreement—before or after conviction—that provides for a shorter period of parole ineligibility than that required by the particular drug offense. The Directive instructs prosecutors to enter into Section 12 waiver agreements in prospective cases, as well as with previously sentenced individuals in order to rescind their mandatory minimums. With the Section 12 waiver agreement in place, a defendant will default to parole eligibility after serving one-third of the sentence imposed—the standard parole ineligibility period for most state crimes.
 
However, under the Directive, prosecutors also remain authorized to seek periods of additional parole ineligibility in non-violent drug cases—as they are in every case—when warranted to protect public safety based on the specific facts of the case. State law authorizes a judge at sentencing to impose a discretionary period of parole ineligibility for any crime if the judge is clearly convinced that the aggravating factors in the case substantially outweigh the mitigating factors. The Directive allows prosecutors to continue to seek discretionary periods of parole ineligibility and incorporate them into plea agreements where appropriate.
 
Similarly, the Directive allows prosecutors to seek the continued incarceration of inmates who present a significant public safety risk. While prosecutors must file a joint application to modify the sentence of any inmate who remains in prison solely because of a mandatory minimum term imposed for a non-violent drug offense, they can seek imposition of a discretionary period of parole ineligibility when the sentence is modified, if appropriate, which may result in continued incarceration. To ensure such requests are made rarely and in a consistent manner, prosecutors will consult with the Director of the Division of Criminal Justice in such cases. Prosecutors must meet the same standards in court that would have applied at the initial sentencing if there had been no mandatory minimum term.
 
Attorney General Grewal publicly called for an end to mandatory minimum sentences for non-violent drug crimes in a July 15, 2019 op-ed in the Star-Ledger. At the same time, all 21 County Prosecutors signed a letter to the Criminal Sentencing and Disposition Commission endorsing the same policy.
 
Directive 2021-4 is posted at: http://www.nj.gov/oag/newsreleases21/AG-Directive-2021-4_Mandatory-Minimum-Drug-Sentences.pdf

Directive Acts on 2019 Recommendation of Governor Murphy’s Sentencing Commission, Effectively Ending Mandatory Minimums in New Jersey for Non-Violent Drug Crimes

April 19, 2021

TRENTON, NJ (MERCER)–Attorney General Gurbir S. Grewal today issued a statewide directive to law enforcement instructing prosecutors to waive mandatory parole disqualifiers—commonly known as mandatory minimum prison terms—for non-violent drug offenses.

Directive 2021-4 addresses both current and past cases. Going forward, it directs prosecutors to waive the mandatory minimum terms associated with any non-violent drug offense under New Jersey law. In addition, when requested by an individual who remains in prison solely because of a mandatory minimum term for a non-violent drug offense, prosecutors will file a joint application to rescind the mandatory period of parole ineligibility, so that, in effect, the individual’s modified sentence will be as if no mandatory minimum had been imposed.
 
The Directive essentially takes the imposition of mandatory minimum terms “off the table” for all current and future non-violent drug defendants, and allows those currently incarcerated pursuant to such mandatory terms an opportunity for early release from custody. In doing so, the Directive achieves—to the greatest extent possible under current law—the 2019 recommendation of Governor Murphy’s Criminal Sentencing and Disposition Commission, which called for, with broad consensus, the elimination of all mandatory minimum terms for non-violent drug crimes.
 
“We cannot stand by and ignore the unjust and racially disparate impact of these mandatory minimum terms on non-violent drug offenders—primarily young persons of color,” said Governor Phil Murphy. “It’s been well over a year since the Criminal Sentencing and Disposition Commission unanimously concluded that these mandatory minimums must be eliminated, and still justice is delayed and denied. We are through with waiting. My decision to return the bill on my desk to reflect the Commission’s recommendations is made substantially easier because of Attorney General Grewal’s strong action to stop these unfair prison sentences.”
 
“It’s been nearly two years since I first joined with all 21 of our state’s County Prosecutors to call for an end to mandatory minimum sentences for non-violent drug crimes,” said Attorney General Grewal. “It’s been more than a year since the Governor’s bipartisan commission made the same recommendation. And yet New Jerseyans still remain behind bars for unnecessarily long drug sentences. This outdated policy is hurting our residents, and it’s disproportionately affecting our young men of color. We can wait no longer. It’s time to act.”
 
The Commission’s recommendation to eliminate mandatory minimum terms for non-violent drug offenses received widespread support, including endorsement by the Governor, legislative leaders, the Public Defender, the Attorney General, and all 21 County Prosecutors. Mandatory minimum laws have fueled the significant increase in New Jersey’s prison population over the last four decades, and have also contributed to the stark racial disparities in the state’s prisons. The Commission noted that Black residents constitute 14 percent of the state’s overall population, but 61 percent of its inmate population, with many serving sentences for non-violent drug offenses.
 
Under New Jersey law—N.J.S.A. 2C:35-12 (“Section 12”)—prosecutors have the ability to waive the otherwise mandatory period of parole ineligibility for a drug offense. Section 12 states that the parties can enter into an agreement—before or after conviction—that provides for a shorter period of parole ineligibility than that required by the particular drug offense. The Directive instructs prosecutors to enter into Section 12 waiver agreements in prospective cases, as well as with previously sentenced individuals in order to rescind their mandatory minimums. With the Section 12 waiver agreement in place, a defendant will default to parole eligibility after serving one-third of the sentence imposed—the standard parole ineligibility period for most state crimes.
 
However, under the Directive, prosecutors also remain authorized to seek periods of additional parole ineligibility in non-violent drug cases—as they are in every case—when warranted to protect public safety based on the specific facts of the case. State law authorizes a judge at sentencing to impose a discretionary period of parole ineligibility for any crime if the judge is clearly convinced that the aggravating factors in the case substantially outweigh the mitigating factors. The Directive allows prosecutors to continue to seek discretionary periods of parole ineligibility and incorporate them into plea agreements where appropriate.
 
Similarly, the Directive allows prosecutors to seek the continued incarceration of inmates who present a significant public safety risk. While prosecutors must file a joint application to modify the sentence of any inmate who remains in prison solely because of a mandatory minimum term imposed for a non-violent drug offense, they can seek imposition of a discretionary period of parole ineligibility when the sentence is modified, if appropriate, which may result in continued incarceration. To ensure such requests are made rarely and in a consistent manner, prosecutors will consult with the Director of the Division of Criminal Justice in such cases. Prosecutors must meet the same standards in court that would have applied at the initial sentencing if there had been no mandatory minimum term.
 
Attorney General Grewal publicly called for an end to mandatory minimum sentences for non-violent drug crimes in a July 15, 2019 op-ed in the Star-Ledger. At the same time, all 21 County Prosecutors signed a letter to the Criminal Sentencing and Disposition Commission endorsing the same policy.
 
Directive 2021-4 is posted at: http://www.nj.gov/oag/newsreleases21/AG-Directive-2021-4_Mandatory-Minimum-Drug-Sentences.pdf