Set Her Free
The Screen and Statehouse
By Kaylyn Kendall Dines, MBA
Rethinking Justice Through a Trauma-Informed Lens
The criminal justice system is designed, in part, to decisively address a fundamental question: What law was broken? A coalition of policymakers and social justice advocates believe another question should be considered in the courtroom: What happened to the defendant before the law was broken?
Proposed Legislation in New Jersey
There is legislation moving through the New Jersey State House that could reshape what happens to defendants whose crimes are rooted in abuse and trauma.
“Over 60 percent of incarcerated women are survivors of trauma. In New Jersey, there are still no laws protecting domestic violence survivors who end up behind bars because of their abuse,” said Jamila T. Davis, Ph.D., executive director of the Institute of Research for Social Justice in Action and founder of Women Over Incarcerated.
How the Legislation Developed
Davis discussed this issue with Senator Angela V. McKnight (D-Hudson). Then, McKnight and a group of elected officials became champions of legislation that was developed with input from formerly incarcerated women, social justice advocates, faith leaders, and citizens. The bills introduce trauma-informed sentencing approaches, expungement, and reentry support services for certain defendants.
The Judiciary Committees in the New Jersey Senate and Assembly recently advanced a package.
Legislation (Descriptions as seen on the NJ Legislature’s Bill search webpage)
S-4870/A5968 “establishes new mitigating factor, reduced sentencing for certain defendants who are victims of abuse.”
S-4871/A5969 “provides expungement process for certain defendants who are victims of abuse if conviction is substantially related to abuse.”
S-4586/A5918 “requires provision of trauma-informed reentry support services to certain defendants who are victims of abuse.”
Together, the bills reflect a shift from a traditional punitive framework toward one that balances accountability with healing.
Movement for Change
These bills were inspired by New York’s Domestic Violence Survivors Justice Act (DVSJA) that passed in 2019 allowing judges to consider abuse histories during sentencing and resentencing.
The push for this legislation is deeply personal for Davis. A formerly incarcerated woman herself, Davis passionately uses film to document the stories of released and currently incarcerated women. Davis believes in second chances.
The Documentary: Set Her Free
As the bills were being drafted, she was filming and producing Set Her Free: Exposing the Trauma to Prison Pipeline, a documentary that premiered in November on the campus of Kean University.
Davis traces her calling back to an encounter during the fifth year of her 12.5-year sentence at the Federal Correctional Institution in Danbury, Connecticut for bank fraud. There she met iconic entertainer, producer and activist Lauryn Hill, who was serving a 90-day sentence for tax evasion.
A Turning Point
“Lauryn told me I would be an advocate, a voice for people who are voiceless,” Davis recalls. “She told me my story had purpose. That there was purpose in my pain.”
Hill’s words prompted Davis to see her experience, not as an ending, but as the beginning of a broader mission.
“It wasn’t just about me,” Davis says. “It was about an ecosystem of women with gifts and talents who were missing healing.”
Lauryn Hill on Healing and Community
Hill shared a similar sentiment while attending the documentary’s debut, which was hosted by the John S. Watson Institute for Urban Policy and Research at Kean University.
“It is strength to come together and talk about what is going on,” said Hill before adding “Abuse is horrible. We know it’s horrible. We also know abuse begets abuse. These are patterns of abuse. These are cycles of abuse that we have to break up. When you come together like this and you talk through it, this is healing.”
Seeing the Whole Person
For McKnight, who is also featured in the Set Her Free film, the legislation is about restoring humanity to a system that often strips it away.
“People make choices out of fear,” she said. “Then they’re behind bars because of a split-second decision and when they face the judge, that judge may not look at them as a whole person, only at the crime.”
Sponsors and supporters believe a broader context is necessary during the sentencing.
“These bills give judges the opportunity to look at the whole story,” said McKnight.
Healing, Not Just Punishment
This legislation is about second chances and “It’s about healing,” Davis said. “Trauma-informed care gives people tools to rebuild their lives, not just freedom, but stability.”
Calls to Action
As the bills move toward a vote, Davis and McKnight encourage you to take action. Here’s how:
• Call and email your Senators and Assembly members. Ask them to vote “yes” for these bills.
• Attend legislative meetings
• Visit the following New Jersey Legislature’s bill search webpage to learn more.
Empathy and Compassion in Justice
“Anyone can be in this predicament,” McKnight says. “Look at the person (defendant) with empathy and compassion, not just as a criminal, but as a human being.”
These bills are intended to align policy with principle and accountability with grace.
