AJR156

A Joint Resolution creating a Drug Laws Commission to study and review drug laws and recommend revisions thereof.

Be It Resolved by the Senate and General Assembly of the State of New Jersey:

1. a. There is hereby created a commission to be known as the “Drug Laws Commission” to consist of 11 members as follows: the Attorney General, or his designee; the Public Defender, or his designee; the Chief Justice, or a designee of the Chief Justice who may be a retired judge with experience in the Criminal Division of the Superior Court; the President of the New Jersey County Prosecutors Association, or his designee; the Commissioner of the Department of Corrections, or his designee; one public member appointed by the Senate President; one public member appointed by the Senate Minority Leader; one public member appointed by the Speaker of the General Assembly; one public member appointed by the Assembly Minority Leader; and two public members appointed by the Governor, not more than one of whom shall be of the same political party. In selecting the public members, the Senate President, the Senate Minority Leader, the Speaker of the General Assembly, the Assembly Minority Leader and the Governor should seek to include persons who have experience, training, or academic background in corrections, judicial administration or criminal law. The public members appointed by the Governor shall include one representative of a police organization.

Public members shall serve during the existence of the commission. The members appointed from a class of holders of public office shall remain members until the expiration of the commission or until they cease to be members of the class from which they were appointed, whichever occurs first. Any vacancy in the membership of the commission shall be filled by appointed in the same manner that the original appointment.

b. The commission shall organize as soon as possible after the appointment of its members. The Senate President and the Speaker of the General Assembly shall appoint one of the public members to serve as chair and the Minority Leader of the Senate and the Minority Leader of the Assembly shall appoint one of the public members to serve as vice-chair.

c. The members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available of the commission for its purposes.

2. It shall be the duty of the commission to examine the potential impact of New Jersey drug laws on racial and ethnic groups and the possible over-representation of racial and ethnic minority groups in the New Jersey criminal justice system. The commission shall submit to the Governor and the Legislature a report containing potential causes of that disproportionality, if there is one, and make recommendations to mitigate or eliminate it. The commission shall identify current laws and policies regarding drug control and examine the following on different racial and ethnic groups in New Jersey:

a. current data on the arrest, prosecution, and sentencing for drug law violations;

b. current data on the use of diversion programs or alternatives to incarceration for drug law violations and expungement of drug related crimes or offenses;

c. current data on population incarcerated in county jails and state facilities for drug related crimes; and

d. any other issue or matter that the commission deems necessary or appropriate.

3. The commission shall constitute a commission of the Legislature in accordance with the provisions of Article IV, Section V, paragraph 2 of the New Jersey Constitution.

4. The commission shall issue a report of its findings and recommendations to the Governor and the Legislature within two years of organization of the commission.

5. This joint resolution shall take effect immediately.

STATEMENT

This joint resolution establishes the Study Commission on Drug Laws Commission. The 11-member commission would examine the possible disparate impact of New Jersey drug laws on racial and ethnic groups. The commission would submit to the Governor and the Legislature a report within two years containing potential causes of the disproportionality, if there is one, among racial and ethnic groups and make recommendations to mitigate or eliminate it.

The membership of the commission would be as follows: the Attorney General, or his designee; the Public Defender, or his designee; the Chief Justice, or a designee of the Chief Justice who may be a retired judge with experience in the Criminal Division of the Superior Court; the President of the New Jersey County Prosecutors Association, or his designee; the Commissioner of the Department of Corrections, or his designee; one public member appointed by the Senate President; one public member appointed by the Senate Minority Leader; one public member appointed by the Speaker of the General Assembly; one public member appointed by the Assembly Minority Leader; and two public members appointed by the Governor, not more than one of whom shall be of the same political party. The bill provides that in selecting the public members, the Senate President, the Senate Minority Leader, the Speaker of the General Assembly, the Assembly Minority Leader and the Governor would seek to include persons who have experience, training, or academic background in corrections, judicial administration or criminal law. The public members appointed by the Governor would include one representative of a police organization.

The Senate President and the Speaker of the General Assembly would appoint one of the public members to serve as chair and the Minority Leader of the Senate and the Minority Leader of the Assembly shall appoint one of the public members to serve as vice-chair. The members of the commission would serve without compensation, but would be eligible for reimbursement for necessary and reasonable expenses.

The commission would examine the impact of New Jersey drug laws on racial and ethnic groups and the possible over-representation of racial and ethnic minority groups in the New Jersey criminal justice system. The commission would submit to the Governor and the Legislature a report containing potential causes of that disproportionality, if there is one, and make recommendations to mitigate or eliminate it. The commission would identify current laws and policies regarding drug control and examine the following on different racial and ethnic groups in New Jersey: current data on the arrest, prosecution, and sentencing for drug law violations; current data on the use of diversion programs or alternatives to incarceration for drug law violations and expungement of drug related crimes or offenses; current data on population incarcerated in county jails and state facilities for drug related crimes; and any other issue or matter that the commission deems necessary or appropriate.

The commission would issue a report of its findings and recommendations to the Governor and the Legislature within two years of organization of the commission.