A4369 —

(1) On motion by the prosecutor stating that the defendant has provided substantial assistance in a criminal investigation or prosecution of another person, the court may waive or reduce the mandatory minimum term of imprisonment required by subsection a.

of this section.  The appropriate waiver or reduction shall be determined by the court for reasons stated that may include, but are not limited to, consideration of the following:

     (i)    the court's evaluation of the significance and usefulness of the defendant's assistance, giving substantial weight to the prosecutor's evaluation of the assistance rendered;

     (ii)   the truthfulness, completeness, and reliability of any information or testimony provided by the defendant;

     (iii) the nature and extent of the defendant's assistance;

     (iv)  any injury suffered, or any danger or risk of injury to the defendant or his family resulting from his assistance;

     (v)   the timeliness of the defendant's assistance.

     In making such a determination, the court shall give substantial weight to the prosecutor's evaluation of the extent of the defendant's assistance, particularly where the extent and value of the assistance are difficult to ascertain.

     (2)   If the court finds by clear and convincing evidence that extraordinary circumstances exist such that imposition of a mandatory minimum term would be a serious injustice which overrides the need to deter such conduct in others, the court may waive or reduce the mandatory minimum term of imprisonment required by subsection a.

of this section.  In making any such finding, the court must state with specificity its reasons for waiving or reducing the mandatory minimum sentence that would otherwise apply.

     (3)   If, pursuant to paragraph (1) or (2) of this subsection, the court waives or reduces the mandatory minimum term required by subsection a.

of this section, such sentence shall not become final for 10 days in order to permit the appeal of the sentence by the prosecution.

     d.

(1) A prosecutor shall not recommend the admission into or consent to the referral to a pretrial intervention program of a person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is charged with a crime that involves or touches such office or employment as set forth in subsection b.

of this section, without the prior approval of the Attorney General.

     (2)   A person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is convicted of a crime that involves or touches such office or employment as set forth in subsection b.

of this section shall be ineligible for participation in any program of intensive supervision during any period of parole ineligibility.

     e.     The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding the waiver or reduction of a mandatory minimum term of imprisonment pursuant to paragraph (1) of subsection c.

of this section and participation in a pretrial intervention program pursuant to paragraph (1) of subsection d.

of this section.2 (cf:

P.L.2007, c.49, s.6)        1[14.] 2[12.1] 13.2  N.J.S.2C:43-7 is amended to read as follows:

P.L.2003, c.267, s.4)        1[15.] 13.1 2[13.1]14.2  Section of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:

     (10) section section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

     (12) N.J.S.2C:18-2, N.J.S.2C:18-2, burglary;

     (13) subsection subsection a.

     (14) subsection subsection b.

     (15) N.J.S.2C:35-9, N.J.S.2C:35-9, strict liability for drug induced deaths;

     (16) section section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;

     (17) section section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;

     (18) N.J.S.2C:41-2, N.J.S.2C:41-2, racketeering, when it is a crime of the first degree:

     (19) subsection subsection i.

or      (20) paragraph paragraph (3) of subsection b.

P.L.2013, c.136, s.4)        1[16.          1[16.  N.J.S.2C:44-1 is amended to read as follows:

     (10) The The offense involved fraudulent or deceptive practices committed against any department or division of State government;

     (11) The The imposition of a fine, penalty or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;

     (12)(12)  The The defendant committed the offense against a person who he knew or should have known was 60 years of age or older, or disabled;

     (13) The The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle;

     (14)(14)  The The offense involved an act of domestic violence, as that term is defined in subsection a.

and      (15) The The offense involved an act of domestic violence, as that term is defined in subsection a.

     (10) The The defendant is particularly likely to respond affirmatively to probationary treatment;

     (11) The The imprisonment of the defendant would entail excessive hardship to himself or his dependents;

     (12) The The willingness of the defendant to cooperate with law enforcement authorities;

     (13) The The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant;

and      (14) The The defendant was under 26 at the time of the commission of the offense.

P.L.2017, c.165, s.6)]1        1[17.] 14.12[14.1]15.2  This act shall take effect immediately.