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New Law Requires Attorney General to Collect Data about Criminal Justice System

New Jersey

A law for New Jersey’s criminal justice system now requires The Attorney General to collect and analyze data on defendants was signed into law Monday by Governor Phil Murphy.

According to legislatures, the bill by Assembly Democrats Shanique Speight (D-Essex), Angela McKnight (D-Hudson) and Britnee N. Timberlake (D-Essex, Passaic) the measure previously passed the full Assembly in September 79-0, and the full Senate in July 40-0.

Officials said the new law (previously bill A-1076), requires the Attorney General, in consultation with the Division of State Police, county prosecutors’ offices, Administrative Office of the Courts and the Department of Corrections to create a program to collect, record and analyze data on defendants over age 18 at the time of the alleged offense.

Data will be collected from the time a defendant is arrested or charged and tracked through the final disposition of their case.

The data will include a defendant’s race, ethnicity, gender and age. It will also include warrants, arrests, charges, filing of criminal complaints, and indictments; dismissed or downgraded charges; cases which proceed to trial; admission to diversionary programs; contact between a prosecutor and a victim; plea agreement information; court fines and fees; among other information.

Assembly Democrats Shanique Speight, Angela McKnight, Britnee N. Timberlake said the following in a joint statement:

“Bias, discrimination and racism are deeply embedded in our criminal justice system. We see this in the significant racial disparities across the system, from arrests to convictions to incarcerations. Defendants of color often see a much different criminal justice system than their white counterparts and one that’s less likely to deliver a fair and just process.

“Prosecutors may be vulnerable to conscious or subconscious biases when making decisions about whether to prosecute a case, what to charge, setting bail and negotiating plea bargains. Because we don’t currently have a universal data collection system for prosecutors, we don’t yet understand the extent to which prosecutors may play a role in these disparities.

“That’s why it’s imperative that we collect certain data from every adult defendant who enters the criminal justice system. By analyzing these cases, we will get a clearer picture of the existing issues and determine what reforms are necessary to ensure every defendant is treated equally and with respect.”

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