When it comes to prison sentences, most are what are called flat sentences. However, for serious first and second degree crimes, a bad situation is made even worse due to the No Early Release Act (N.J.S.A. 2C:43-7.2) This criminal statute forces a person to serve 85 percent of their sentence and even after that there is no guarantee of release. Since NERA applies to serious offenses with lengthy prison sentences, that means a person is sitting in prison for years if not decades.

The No Early Release Act only applies to certain first and second degree crimes; no third or fourth degree offenses.

Normally, prison terms are shorter than the court imposed sentence. The parole period for first degree crimes generally is 5 years while for second degree crimes it is usually 3 years. So someone sentenced to 10 years can be out in 5 years or less depending on the circumstances. However, for crimes subject to NERA the punishments scale up drastically. For example, you must serve 8.5 years of a 10 year sentence before you even become eligible for parole.

Inmates who are sentenced using NERA guidelines, have ZERO chance of an early release even if they exhibit GREAT behavior and prove that they are worthy of release. NERA deprives such individuals of a second chance and yet we boast of a constitution that advocates second chances. There are no second chances with NERA. You are punished for your bad behavior, yet good behavior means nothing. 

Experience is the best teacher. Who better to teach their kids to stay out of trouble and put it jail other than a reformed inmate. Yet many fathers will never be able to raise their children and teach them to stay away from prison. STATISTICS show that those with incarcerated parents, especially fathers, have a higher chance of getting incarcerated themselves.

New Jersey Prisons are swarmed with minority inmates who are serving ridiculously long sentences until the mandatory time has been served irrespective of reformation. This is no justice.

NERA also wastes tax payers money! Mandatory sentencing is expensive and costing tax payers millions and millions of dollars every year. “The cost to house an inmate for one year is $53,000," says New Jersey Department of Corrections Spokesman Matt Schuman. Fund for New Jersey emphasizes the need to curb the use of mandatory sentence and in its article, it explains that when Michigan in 2003 repealed almost all mandatory minimums for drug offenses, during the period from 2006 to 2010, the state’s prison population fell 15% and spending on prisons declined by $148 million, and both violent and property crime rates declined. Rhode Island, after repealing its mandatory sentencing laws in 2009, has seen its prison population declined by 12% and the state’s crime rate is down by several percentage points. New Jersey is not among the states that have taken steps to reduce mandatory sentences. Incarceration in New Jersey is on the rise and millions of our dollars are spent to maintain NERA Leading sentencing scholar Michael Tonry has explained: “The evidence is clear that mandatory penalties have either no demonstrable marginal deterrent effects or short-term effects that rapidly waste away.” It is time for change, its time to correct the New Jersey Judicial system.

Its time to reduce NERA to 65%.