NJ Bill Would Help Keep Innocent People Out Of Jail, Senators Say

VERONA, NJ — A potential New Jersey law that would create a review board to aid people wrongfully convicted of a crime took a leap towards approval on Monday when it passed the Senate Judiciary Committee.

Republican Sen. Joe Pennacchio (District 26) and Democratic Sen. Shirley Turner (District 15) are co-sponsors to the bipartisan bill, S-406, which can be seen here. Pennacchio represents towns in Essex, Morris and Passaic counties, including Verona, North Caldwell and West Caldwell.

The bill has gained support from multiple human rights organizations, including the New Jersey State Conference of the NAACP and The Last Resort Exoneration Project at Seton Hall Law School, which called it “an important step” towards keeping innocent people out of jail.

Supporters of the bill pointed to heart-wrenching cases such as Rodney Roberts, who wrongfully spent seven years in jail after being accused of kidnapping and sexually assaulting a 17-year-old girl in Newark in 1996, and AJ Nash, a former librarian at a Newark middle school, who was accused of sexually molesting two 12-year-old boys in 2000 and later had the charges dismissed… after Nash had already spent more than 10 years in prison.

“Being forced to plead guilty, knowing you’re innocent, is one of the worst things that could happen to a person,” Roberts said. “But it happens more than you think. Then to find out later that, despite being exonerated, your guilty plea will keep you from getting compensation, is like being punished a second time for a crime you didn’t commit.”

• See related article: New Jersey Is Sending Innocent People To Jail, Republican Senator Says

The bill would create the "New Jersey Innocence Study and Review Commission," which would be charged with studying and reviewing all aspects of criminal cases involving wrongful conviction in New Jersey, and recommending reforms to reduce the likelihood of wrongful conviction in the future.

The commission’s responsibilities would include:

• Identifying the main causes of wrongful conviction and studying existing research on these causes
• Recommending best practices to appropriate constituencies
• Examining the existing system of restitution to compensate wrongfully convicted persons
• Studying successful programs that assist with reintegration back into society following release

Following Senator Pennacchio’s October 2017 press conference calling for action on the bill, Attorney General Gurbir Grewal announced a similar effort. However, Pennacchio said that there’s still a need for legislation.

“We cannot permanently address the crisis of wrongful conviction in New Jersey without codifying an innocence commission into law,” Pennacchio said. “If the Legislature doesn’t act, the next administration could easily discontinue Attorney General Grewal’s noble work.”

“Policy changes like bail reform are meaningless, if we aren’t solving the systemic issues that allow innocent people to stay locked up,” Pennacchio added. “Our search for justice should know no bounds.”

Sen. Turner pointed out that nothing can return the time lost with loved ones can steal from an innocent person’s life.

“Time in prison not only impacts an individual’s personal life, but also their potential lifetime earnings and financial security for themselves and their families,” Turner said.

Lesley Risinger, the founder and director of The Last Resort Exoneration Project at Seton Hall Law School, was present at Monday’s committee hearing to support the bill.

“Conviction of the innocent is an abject failure of any criminal justice system,” Risinger said. “Creating the New Jersey Innocence Study and Review Commission would be an important step in addressing this problem. We believe in a collaborative approach that should take into account the views of all who have participated in the exoneration of the innocent in New Jersey, as well as the views and experiences of the exonerated innocent themselves.”

Safeer Quraishi, administrative director of the NAACP New Jersey State Conference, was also present at the committee hearing to support S-406.

“The New Jersey State Conference of the NAACP is in full support of Senate Bill 406 which looks to create the New Jersey Innocence Study and Review Commission,” Quraishi said. “It is obvious that nobody should feel the devastating effects of incarceration if they did not commit the crime. We are looking forward to seeing the recommendations made by the Commission to reduce wrongful incarceration in New Jersey.

At the Oct. 29 hearing for S-406, Senate Judiciary Committee Chairman Nick Scutari announced that he has agreed to co-sponsor the bill.

Nationwide, more than 2,000 wrongfully convicted persons have been exonerated since 1989, according to the National Registry on Exonerations. However, the registry estimates that there are tens of thousands of false convictions annually, with many more piling up over time.

“If this isn’t an example of a time-sensitive piece of legislation, I don’t know what is,” Pennacchio urged his peers in the Legislature. “Let’s get this done now.”

• See related article: 1 In 10 New Jersey Inmates Will Likely Die In Jail, Report Says

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Photo: From left, Exoneree Anthony Ways, Sen. Joe Pennacchio, Exoneree Jean Dorval, Senate Judiciary Committee Chairman Nick Scutari, Exoneree Rodney Roberts, and advocate Lesley Risnger (senatenj.com)