News: POLITICO New Jersey Playbook: A new idea on mandatory minimum sentences

Friday, February 12, 2021

POLITICO New Jersey Playbook: A new idea on mandatory minimum sentences

Feb 12, 2021

Presented by Pre-K Our Way

Good Friday morning!

Five months ago, state Sen. Nick Sacco quietly amended a bill that would eliminate mandatory minimum sentences for non-violent drug and property crimes to also remove them for official misconduct. It set off a fight that is even factoring into the Edna Mahan prison scandal, where the three guards so far charged with alleged beatings are facing official misconduct charges. The governor, facing calls to fire Corrections Commissioner Marcus Hicks, has highlighted this.

Sacco hasn't changed his mind. "The fact that three guards have been charged with official misconduct has absolutely no effect on my strong support for eliminating mandatory minimum sentences for this charge, because sentencing decisions should be made by a judge and not by legislators," he said in a statement.

The bill stalled and its top Assembly sponsor, Yvonne Lopez — who disagreed with Sacco's amendment — is no longer a sponsor. Assemblymember Nicholas Chiaravalloti has taken her place atop the bill. And he has an idea to get things moving again.

Soon, Chiaravalloti plans to introduce legislation that would eliminate mandatory minimums for all non-violent crimes. I don't have easy access to a list of all non-violent offenses that have mandatory minimum sentences, but they do apply to public employees or elected officials convicted of bribery, perjury, witness tampering and money laundering.

"At the end of the day, the judge in the case is in the best position to understand the unique facts to determine what the individual's punishment should be," Chiaravalloti told me. "Mandatory minimums are a way for politicians to look like they're tough on crime. We're not in the courtroom, and we should defer to the judges."

Will this change anything? Well, Chiaravalloti doesn't have an obvious conflict like Sacco, whose longtime girlfriend's son is facing an official misconduct charge for an alleged no-show job in North Bergen, where Sacco is mayor. But on the other hand, as far as I can tell most of the other non-violent, non-drug or property crimes with mandatory minimum sentences attached are corruption-related, so I'm not sure how likely it is to sway the governor and attorney general. And the governor and attorney general have been clear they favor keeping the mandatory minimum sentence in place for official misconduct.

WHERE'S MURPHY? In cyberspace for a coronavirus press conference at 1 p.m.

CORONAVIRUS TRACKER: 3,012 newly-reported positive PCR tests for a total of 656,904. 79 more deaths for a total of 20,083 (and 2,246 probable deaths). 2,656 hospitalized, 519 in intensive care. 299,425 fully vaccinated, about 3.3 percent of the population.

HAPPY BIRTHDAY: West New York Commissioner Cosmo Cirillo. Saturday for Atlantic County Commissioner Caren Fitzpatrick, Bloomberg's Stacie Sherman, Donald Norcross aide Rich Locklear, Burlco' Jim Logue. Monday for Assemblymember DiAnne Gove , NJ Advance Media's Jonathan D. Salant, NJAA's Andrew Musick

QUOTE OF THE DAY: "We were like, 'F--- you buddy. We're not going home and getting pregnant." — Ruthi Byrne on women who took on political bosses in Essex County for a charter change in the 1970s

A message from Pre-K Our Way:

NJ's pre-k is now in 150+ school districts, with more beginning in early 2021! Despite this remarkable four-year record of achievement, there are 110+ eligible school districts that still wait. Let's reach a total of 200+ districts with NJ's pre-k in 2021. Fund substantial pre-k expansion THIS YEAR! Visit prekourway.org for more info

WHAT TRENTON MADE

FEEL THE BYRNE — "How Ruthi Byrne keeps Jersey connected," by Sharon Waters for New Jersey Monthly : "With tons of time during the coronavirus lockdown, Ruthi Byrne has been sorting stuff owned by her husband, Governor Brendan Byrne, who died in January 2018, leaving behind political buttons, pens used to sign legislation, Lenox soap dishes from his 1974 and 1978 inaugurations, ties and tie pins, love letters from law school, a legislative red book from the 1800s and other ephemera. As she touches each item, Byrne mulls its potential destination: the governor's archives at Rutgers University, the state museum in Trenton, the trash (for those love letters penned by other women, until a grandson intervened). Some items she will give to the Garden State movers and shakers in her orbit. 'If they are interested in politics or the state, I will bring them something,' says Byrne, speaking from the Short Hills home she has owned for 50 years ... It is fitting that the woman known as just Ruthi — like Cher or Oprah — among New Jersey's business and political elites is using the isolation of lockdowns to connect with others. An expert at building and maintaining relationships, Byrne's thoughtful and practiced approach melds her professional and personal identities into one."

HOSPITALOBBY — "' So much work to hide this data:' Lobbyists gut health care worker transparency bill," by The Record's Dustin Racioppi: "Over nine months and two waves of COVID-19, health care advocates rallied, lobbied and testified to get New Jersey's political leaders to pass a bill requiring public transparency when hospital staff contracted, or died of, the coronavirus. They got the bill last week, but hardly the transparency. Hospital lobbyists met with the bill's primary sponsor and legislative aides several times last year pushing for changes to the bill that would have required daily reporting on the Department of Health's website of COVID's impact on health care workers, according to Election Law Enforcement Commission records. Those state records provide little detail about the discussions lobbyists for the New Jersey Hospital Association and Virtua Health had with the bill's primary sponsor, Assemblyman William Spearman, and legislative aides. But the results are clear. The daily reporting requirement was stripped from the bill. So was the requirement to report workers admitted for treatment of COVID-19."

33.3 MASTROS — Bipartisan group of senators propose $300M to aid New Jersey's small businesses, by POLITICO's Katherine Landergan : A bipartisan group of state senators plans to introduce legislation that would provide the state Economic Development Authority with $300 million for grants and loans to assist small businesses recovering from the pandemic. The bill text has yet to be introduced, but details were provided in a joint press release issued Thursday by Sens. Dawn Addiego (D-Burlington), Vin Gopal (D-Monmouth), Declan O'Scanlon (R-Monmouth), Michael Testa (R-Cumberland), Senate President Steve Sweeney and Senate Minority Leader Tom Kean. According to the release, grants and loans would be available for small businesses and nonprofits that lost revenue during the pandemic or whose openings were delayed because of Covid-19.

THE MAN WHO NEEDS LESS EXAGGERATION — "Murphy, a boss prone to exaggerated flattery," by InsiderNJ's Fred Snowflack: "Phil Murphy likes heaping praise on his Cabinet members; does it all the time. On Monday, he said Marlene Caride, who runs the state banking and insurance department, was doing a phenomenal job. The governor has called Attorney General Gurbir Grewal the best in the nation. That's high praise, but it's also hard to prove. And he considers the performance of Health Commissioner Judy Persichilli so sparkling, she is 'the woman who needs no introduction.' It's probably good — especially for his subordinates — that the boss is so prone to exaggerated flattery. But all this must be viewed in the context of what the governor is doing when one of his associates appears to be falling down on the job. So far, not much. Marcus Hicks, the commissioner of the state Corrections Department, has been under fire since a violent incident on Jan. 11 at the state's only women's prison — the Edna Mahan Correctional Facility in Hunterdon County."

STANFIELD'S MINEFIELD — "Stanfield raising money off beatings at women's prison," by New Jersey Globe's David Wildstein: "State Sen. Dawn Addiego (D-Evesham) has accused her Republican opponent, State Sen. Jean Stanfield (R-Westampton), of raising money off the scandal by sending out a fundraising email highlighting her bid to impeach the head of the state prison system. 'This is one of the most disgusting acts imaginable. The women at the Edna Mahan facility have been systematically assaulted both physically and sexually, and there is no more craven action than attempting to profit off this crisis,' said Addiego ... Stanfield used the scandal in a pitch to donors. 'A woman beaten within an inch of her life while chained to a wall. Another assaulted until her eye-socket shattered. Rampant and serialized sexual assault,' Stanfield wrote. 'It happened on state Corrections Commissioner Marcus Hicks' watch — despite the Department of Justice sounding the alarm. So, why is Governor (Phil) Murphy protecting him?' Stanfield's fundraising email sought contributions to 'help me stand up for those victims and hold the Murphy administration accountable.'"

WHEN THEY'RE ALLIES WE'LL CALL THEM 'SWIFFER' — Schaffer to Zwicker: I'll support you for Senate if you move to Somerset County, by POLITICO's Matt Friedman : In an effort to stave off a primary fight in the 16th Legislative District, Somerset County Democratic Chair Peg Schaffer has offered Assemblymember Andrew Zwicker her support with a condition — that he move from Middlesex County to Somerset County. "It is true," Schaffer said when POLITICO asked if that's what she told Zwicker. But Zwicker, who announced his Senate campaign earlier this month shortly after Sen. Kip Bateman (R-Somerset) said he would not seek reelection, has no plans to move. "I work hard for everybody regardless of where I live, and I will continue to do that. But I am not moving for this election," Zwicker, who lives in South Brunswick, said in an interview.

DROWN YOUR SORROWS WHILE KEEPING THE BUDGET AFLOAT — "Pandemic tax windfall for NJ: Receipts from house sales and liquor boost state revenues ," by NJ Spotlight's John Reitmeyer: "The surge in home sales means a boost for New Jersey's bottom line since it generates more revenue from a tax on real-estate transactions. And real estate is not the only industry seeing a rise in sales during the pandemic and with it a corresponding lift in state revenues. Taxes from alcohol sales have been surging in New Jersey during the pandemic, as have state Lottery revenues. State tax data shows that transfer-inheritance tax receipts have also increased significantly amid the health crisis. But there may be more to that than just the grim reflection of the deadly pandemic. Without a doubt, New Jersey's monthly tax collection reports reveal the financial damage caused by the health crisis, but they also show that, while some tax sources have expectedly lagged last year's pace, others have sprinted ahead."

—Senate committee votes to bar placement of ballot drop boxes near police stations

— Senate committee moves bill to waive individual mandate penalties during the pandemic

—"Bi-partisan group of legislators back Stanfield on impeachment of corrections commissioner"

— Education chairs will introduce bill requiring DOE to seek standardized test waiver

—"NJ now offers COVID vaccine in all prisons. Will vaccine skepticism allow the virus to spread?"

—" Train stations should be COVID vaccine sites for people who can't drive, advocate suggests"

—"O'Toole re-elected Port Authority chairman"

—" Union Democrats begin process to fill Holley Assembly seat"

—"N.J. high school sports to reopen for parents to be spectators at games, sources say"

THE INDISPENSABLE GUIDE TO CONGRESS: Looking for the latest on the Schumer/McConnell dynamic or the increasing tensions in the House? What are the latest whispers coming out of the Speaker's Lobby? Just leave it to Beavers... New author Olivia Beavers delivers the scoop in Huddle, the morning Capitol Hill must-read with assists from POLITICO's deeply sourced Congress team. Subscribe to Huddle today.

BIDEN TIME

TRENTON MADE WASHINGTON DIDN'T TAKE — "Trump's impeachment defense strategy wouldn't fly in New Jersey. Here's why," by The Record's Charles Stile: "The defense mounted by former President Donald Trump's lawyers in his second impeachment trial this week — that you can't impeach a president once he leaves office — would never work in New Jersey. That's because New Jersey's constitution doesn't permit such a legal dodge. The governor and 'other state officers' could be formally impeached for committing even a 'misdemeanor' two years after leaving office, the document says … Officials can be barred from future office, and law enforcement authorities can still bring separate charges. It's not clear why New Jersey officials added the two-year provision for impeaching officials when it revised its constitution in 1844 or why it stayed in place after the constitution was modernized again more than a century later in a Rutgers University gym. Nor are there any readily available examples of past impeachments of New Jersey officials."

LOCAL

RENAISSANCE SCHOOLS' TEACHER DEMOGRAPHICS SIMILAR TO RENAISSANCE FAIRS — "This N.J. city needs to hire more Black teachers to reflect the population, study says," by NJ Advance Media's BIll Duhart: "Camden City now has more white teachers than Black as charter school enrollment grows in a city that is 94% Hispanic and Black, a new study released Thursday said. The 'whitening' of Camden teachers is a result of the rapid growth of charter and renaissance schools — which are publicly owned but privately managed — which employ a higher percentage of white teachers, New Jersey Policy Perspective, a Trenton-based education think tank said, citing state data. The result is students of color have fewer teachers who look like them. 'The shift in the teacher workforce from CCSD to charter/renaissance schools, therefore, creates a greater racial mismatch between students and teachers across the entire city,' the report said. 'In the [city school district], 44 percent of students and 41 percent of teachers are Black. In charter schools, however, 31 percent of students are Black, but only 16 percent of teachers are. Similarly, 47 percent of renaissance students are Black, but only 27 percent of teachers are.'"

NO DEAL — "Deal told oceanfront $1M land sale breaks NJ beach access rules," by The Asbury Park Press' Dan Rade l: "State officials said the borough's plan to sell a $1 million piece of beachfront land to a private homeowner breaks state public beach access rules. The state Department of Environmental Protection's Bureau of Coastal and Land Use Compliance and Enforcement cited the borough on Tuesday with several violations to a CAFRA permit issued in 2016 for a quarter-acre property at 2 Roosevelt Ave. ... The borough introduced an ordinance Friday to sell the property, which is adjacent to the borough's pump-out station on Roosevelt Avenue. It's unclear if the violation will halt the ordinance and the property sale. A beach-access rights activist foresees it forcing the borough to put it on the back burner."

CONTRACTS — "Did two counties do an end-run around N.J. bidding rules? Developer files suit, challenging 2 major projects," by NJ Advance Medai's Ted Sherman: "Last year, Union County approved preliminary plans to build a new county government complex in Elizabeth at a cost of up to $145 million. In Bergen County, officials moved ahead on a major $80 million renovation of the historic Bergen County Justice Center. But a New Jersey developer alleges both counties broke the law in their handling of the two multi-million-dollar projects, filing separate lawsuits that called into question how the contracts for the publicly funded efforts were being awarded."

THE RIOTERS JUST HAPPENED TO BE CHANTING 'FIGHT FOR TRUMP!' — "Vernon OKs resolution against 'violent protest' but doesn't mention Trump," by The New Jersey Herald's Eric Obernauer: "Vernon's resolution ... doesn't mention Trump by name or assign blame for the riot. Mayor Howard Burrell, who worked with the Council to draft the resolution, said the omission was intentional. 'I had several people contact me personally and by email including some who wanted us to do more,' Burrell said. 'But we wanted to write a resolution that was neither left nor right, red or blue, but one that was down the middle. We need some reasonable voices to break through and help unite people, and we wanted to be one of those voices.'"

DAY OF THE DREAD — "The South Jersey wrestling official from the dreadlocks controversy is suing over his suspension," by The Philadelphia Inquirer's Melanie Burney: "A high school referee who made a South Jersey wrestler choose between having his dreadlocks cut or forfeiting his match in 2018 has filed a lawsuit alleging he was unfairly suspended. Alan Maloney contends that the New Jersey State Interscholastic Athletic Association failed to follow due process when it disciplined him in September 2019. A lawsuit filed in Superior Court in Atlantic County last December seeks damages and legal fees."

— " Ex-councilman, police officer Valori vows 'positive vision' in bid for Parsippany mayor's office"

—"Andre Sayegh's foes on Paterson City Council are pursuing a no-confidence vote. Here's why"

—" Paterson schools extend all-remote instruction until May"

—"Two who shared photo of Nutley cop on Twitter say detective retaliated against them"

—" Englewood Cliffs sues four of its former attorneys for possession of borough records"

—"Fair Lawn says geese are a growing nuisance, adds money to budget for control"

—" Hawthorne mayor, among the longest-serving in borough history, won't run again"

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EVERYTHING ELSE

BRUCETED — "Bruce Springsteen busted for DWI after one shot of tequila," by The New York Post's Emily Smith: "Bruce Springsteen was allegedly busted in Sandy Hook, New Jersey, when he pulled over to take pictures with fans — and then took a shot of tequila offered by one of them in full view of the cops, a music industry insider said. The 'Born to Run' icon, 71, had been riding his motorcycle on the peninsula on Nov. 14 when he 'was spotted by fans who asked him to pull over and take some pictures,' according to a source close to Springsteen. 'Bruce stopped, took the pictures, then a fan offered him a shot of liquor, which he took, while sitting on his bike, which was stationary,' the source said. 'Park Police saw what happened and they immediately pulled Springsteen over as he drove away.'"

—"Springsteen wouldn't take breath test, court papers say"

—"Springsteen took shot of tequila, was 'swaying' and 'glassy eyed' in DWI arrest, court records say"

—"Bergen Record, other Gannett newspapers haven't covered unionization bid by their own reporters"

A message from Pre-K Our Way:

In four years, there has been statewide, bipartisan support for funding pre-k expansion. NJ's pre-k is now in 150+ school districts, with more beginning in early 2021! Despite this remarkable record of achievement, there are 110+ eligible school districts that still wait.

There are eligible districts in every county. They're in rural, suburban and urban communities, and they're located across New Jersey, from east to west – and north to south. You either live in an eligible school district or you live near at least one. There are 3- and 4-year-olds still waiting for NJ's pre-k in each of these 110+ communities.

Substantial funding for NJ's pre-k will provide a strong start to a lifetime of learning for more of our children – and immediate support for their working families.

Let's reach a total of 200+ districts with NJ's pre-k – there are 110+ communities waiting. Fund substantial pre-k expansion THIS YEAR!

Visit prekourway.org for more info