The question of whether New Jersey has a red flag law is answered by examining the state’s approach to what are commonly called “red flag” laws elsewhere. In New Jersey, this legal framework exists under the Extreme Risk Protective Order Act, which allows courts to intervene when someone is believed to pose a significant risk of harming themselves or others with a firearm. The law is designed to prevent violence before it happens by temporarily restricting access to guns for individuals deemed dangerous by a court.

What Is a Red Flag Law?

A red flag law generally refers to a statute that permits the temporary removal of firearms from a person who may pose imminent danger to themselves or others. These laws typically set up a civil court process where a judge can issue a protective order after considering evidence presented by petitioners who are concerned about the person’s behavior. While the name “red flag” is widely used in media and public discussions, many states, including New Jersey, use the term extreme risk protection order or ERPO to describe this legal tool.

New Jersey’s Extreme Risk Protective Order Law

In New Jersey, the legal mechanism that serves as the state’s red flag law is the Extreme Risk Protective Order Act, which was enacted in 2019. Under this law, a court can issue an Extreme Risk Protective Order (ERPO) to temporarily prohibit a person from possessing, purchasing, or receiving firearms and ammunition if the court finds they pose a significant risk of causing bodily harm to themselves or others.

The law applies through a civil court process rather than a criminal one, meaning that seeking an order does not itself involve criminal charges against the subject of the petition. Instead, it is a preventive tool to reduce the likelihood of firearm-related violence, including suicides, domestic violence, and other forms of gun violence.

Who Can File an ERPO Petition?

One of the notable features of New Jersey’s red flag law is who is eligible to petition the court for an ERPO. In New Jersey, the individuals allowed to file such a petition include family members, household members, and law enforcement officers. This means that loved ones who notice concerning behavior, as well as police officers who identify risk factors, can initiate the process by submitting evidence to the court that the respondent poses an immediate danger.

The petitioner must provide information about why they believe the person is dangerous, including any known firearms the individual owns and where they are located. The documented risk factors are considered by the judge during an expedited hearing to determine whether a temporary order should be issued.

Temporary and Final Orders

Once a petition is filed, a judge can issue a temporary extreme risk protective order if they find good cause to believe the respondent poses an immediate danger by having access to firearms. This temporary order can take effect quickly, often without the respondent present, and requires the subject to surrender all firearms and ammunition to law enforcement.

After the temporary order is in place, a hearing is scheduled, typically within a short timeframe, at which the respondent has an opportunity to be heard. During this hearing, the court reviews the evidence and decides whether to issue a final extreme risk protective order. If granted, the final order extends the restrictions on firearm possession for a longer duration, which can last for up to a year or longer depending on the circumstances and court findings.

Legal Standards and Due Process

To issue a temporary ERPO, the judge must find “good cause” to believe the respondent poses an immediate threat. For the final order, the court generally applies a standard such as “preponderance of the evidence,” meaning it is more likely than not that the person poses a significant risk. These standards aim to balance public safety with procedural fairness for the individual subject to the order.

Because the ERPO process is civil rather than criminal, the respondent can present evidence and argue against the order during hearings. However, while the order is in effect, the individual is prohibited from possessing or purchasing firearms and must relinquish any permits they hold, including firearms purchaser cards or carry permits.

Impact and Purpose of the Law

New Jersey’s red flag law is part of a broader movement in the United States to implement extreme risk protection measures to prevent gun violence. Supporters of such laws argue that they provide a way to intervene in crisis situations before tragic outcomes occur, while critics may raise concerns about due process and civil liberties. Nonetheless, proponents note that allowing family members and law enforcement to petition for protective orders can help prevent suicides, mass shootings, and other violent acts by temporarily removing weapons from individuals in crisis.

Conclusion

In summary, New Jersey does have a red flag law, implemented through the Extreme Risk Protective Order Act. This law equips courts with the authority to issue protective orders that temporarily restrict a person’s access to firearms if they are deemed a danger to themselves or others. Family members, household members, and law enforcement officers can file petitions, and the law includes procedures for both temporary and final orders with options for hearings and due process. The goal of this law is to provide a preventive tool aimed at reducing gun-related harm while balancing individual rights and community safety.

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Jurisdiction: Who’s in Charge?

The first question in any cruise ship crime is who has the authority to investigate and prosecute? Jurisdiction often depends on several factors:

• The location of the ship: If the vessel is in U.S. waters (within 12 nautical miles from the coast), U.S. federal and state laws generally apply. If the ship is in international waters, different rules kick in.

• The ship’s flag state: Cruise ships are often registered in foreign countries like Panama, the Bahamas, or Liberia. Under international law, the flag state typically has jurisdiction over crimes committed on the vessel.

• The nationality of the parties involved: If U.S. citizens are involved—either as victims or alleged offenders—the FBI and other U.S. authorities may have an interest in the case, even if the crime occurred abroad.

This overlap can lead to complex legal battles over who has the right to prosecute.

How Are Crimes Investigated?

When a crime occurs at sea, ship security is usually the first line of response. Crew members are required to preserve evidence and document the incident, but their resources are limited. In most cases:

• For serious crimes like sexual assault, homicide, or major theft, the cruise line must report the incident to the FBI if a U.S. citizen is involved, or if the ship is sailing in U.S. waters.

• The FBI may board the ship at the next U.S. port, but if the ship is far offshore or in another country, local authorities could step in first.

• Cruise companies often conduct their own investigations, but this is primarily for internal purposes and insurance—not for criminal prosecution.

Unfortunately, delays in law enforcement access can affect evidence collection, witness availability, and overall case strength.

What Laws Apply?

Crimes on cruise ships can involve federal maritime law, foreign law, and international treaties. For example:

• If the ship is docked in New Jersey, state criminal laws may apply for certain offenses.

• If the crime happens in international waters, the flag state’s laws usually govern.

• U.S. laws like the Cruise Vessel Security and Safety Act require cruise lines to report certain crimes and maintain security standards.

This patchwork of laws makes defending against cruise ship charges highly technical—and mistakes in handling jurisdiction can impact the outcome of a case.

What Should You Do If Accused of a Crime at Sea?

Being accused of a crime on a cruise ship can be overwhelming. You may face questioning by ship security, law enforcement from multiple jurisdictions, and even foreign legal systems. Here are key steps:

1. Exercise your right to remain silent until you have legal representation.

2. Do not sign statements or agreements without an attorney reviewing them.

3. Contact an experienced criminal defense lawyer familiar with maritime and federal law—especially if you reside in the U.S. or the case may involve U.S. courts.

The Bottom Line

Crimes on cruise ships are anything but straightforward. Multiple jurisdictions, delayed investigations, and international laws make these cases complex. If you or a loved one is under investigation for a crime at sea, consulting a skilled criminal defense attorney in New Jersey with experience in federal and maritime law can make all the difference.

The post How Are Crimes Handled on Cruise Ships? A Legal Deep Dive appeared first on NJ Criminal Defense.

What Is a County Jail in New Jersey?

County jails are locally operated detention centers typically run by the county sheriff’s department. These facilities are intended for individuals who are being held temporarily—either while they await trial, sentencing, or transfer. In many cases, people serving sentences of less than one year remain in county custody. Others may be confined for short-term offenses, probation violations, or pretrial proceedings.

County jails are usually smaller in size and offer limited programming. Because the inmate population is constantly changing, the focus is primarily on secure housing rather than rehabilitation.

What Is a State Prison in New Jersey?

In contrast, state prisons are larger institutions managed by the New Jersey Department of Corrections. These facilities are designed for long-term incarceration and house individuals convicted of more serious offenses, typically felonies. Anyone serving a sentence longer than one year is usually transferred to a state-run correctional facility.

State prisons are more structured and provide broader services, including educational programs, job training, addiction treatment, and mental health support. Inmates are classified into different security levels—from minimum to maximum—depending on their background, sentence, and behavior within the system.

How Do County Jails and State Prisons Differ?

The most immediate difference is in who runs the facility. County jails are overseen by local government officials, while state prisons fall under the authority of the New Jersey Department of Corrections. This distinction affects everything from policies and procedures to available resources and inmate classification.

Length of stay is another major factor. County facilities generally hold people for short periods, either because they are waiting for their court date or because they’ve received a relatively minor sentence. By comparison, state prisons are for individuals who have been sentenced to a year or more, often for more severe or repeat offenses.

The types of inmates also vary significantly. County jails typically house people accused of misdemeanors, awaiting trial, or facing lesser charges. State prisons, on the other hand, detain those convicted of felonies, including violent crimes, drug trafficking, or major theft.

In terms of programs and services, county jails tend to be basic. While they provide food, shelter, and medical care, they usually lack the rehabilitation programs offered at the state level. State prisons often offer inmates opportunities to work, earn certifications, or participate in therapy programs to reduce recidivism.

The Legal Process: From Arrest to Incarceration

After an arrest, a person is usually taken to the nearest county jail. Depending on how the case proceeds, they may remain there during trial or until sentencing. If the court imposes a sentence of over one year, the individual is typically transferred to a state correctional institution to serve out the remainder of their term.

This transition between systems can be confusing for families trying to keep in contact with an incarcerated loved one. Each facility has its own rules for communication and visitation, and transfer timelines may not be clearly communicated.

Staying Connected and Informed

Family members may use tools like the NJ Department of Corrections inmate locator or the NJ VINE (Victim Information and Notification Everyday) system to track an individual’s custody status. These services help users find out where a person is being held and stay updated on any transfers or release dates.

Why Legal Advice Matters

Legal guidance is essential at nearly every stage of the criminal justice process. From arrest and bail hearings to sentencing and incarceration, a qualified NJ criminal defense attorney can explain rights, offer defense strategies, and help families understand what to expect. Navigating New Jersey’s legal and correctional systems can be difficult, but professional advice makes a major difference.

Final Thoughts

While both county jails and state prisons are forms of incarceration, they serve very different roles in New Jersey’s legal system. County jails handle short-term custody and pretrial detention, while state prisons focus on long-term sentencing and rehabilitation. Understanding these differences helps individuals and their families navigate an already stressful process with more clarity and confidence.

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Immediate Consequences

When someone neglects to attend a scheduled hearing, the court may issue a bench warrant. This authorizes law enforcement to take the individual into custody, often without prior notice. Additionally, the judge may impose fines or other sanctions. In certain situations, a missed date can also result in contempt of court charges, which may carry separate penalties.

In traffic-related matters, failing to appear could lead to suspension of one’s driver’s license. The New Jersey Motor Vehicle Commission may be notified, resulting in further administrative complications that affect driving privileges.

Criminal and Civil Cases

For criminal proceedings, missing a scheduled session can significantly impact the case. Defendants facing serious charges may experience stricter bail conditions or even immediate revocation of their release. In some instances, a no-show may cause the judge to proceed with the case in the defendant’s absence, resulting in unfavorable rulings.

In civil matters, failing to appear can lead to a default judgment. This means the court may automatically rule in favor of the opposing party, potentially resulting in financial obligations or other legal consequences.

What to Do If You Miss a Court Date

If you realize you have missed your scheduled court appearance, it’s essential to act promptly. Contacting the courthouse immediately should be the first step. Explaining the circumstances and requesting a new date may help mitigate potential fallout. Providing documentation, such as medical records or proof of a family emergency, can strengthen your explanation.

In some cases, seeking legal representation can be highly beneficial. An experienced attorney can help file the appropriate motions, such as requesting to vacate a bench warrant or rescheduling your appearance.

Excusable Circumstances

Certain situations may justify missing a court date. Examples include severe illness, medical emergencies, or transportation issues beyond one’s control. In such cases, courts may be more understanding, particularly if efforts are made to inform them as soon as possible.

Miscommunication or administrative errors may also serve as reasonable explanations. If a summons was never received, for example, presenting evidence of this oversight can sometimes resolve the issue without further penalties.

Preventing Future Issues

Taking proactive steps can help avoid complications. Setting reminders, keeping track of correspondence from the court, and confirming dates with your attorney are effective strategies. Additionally, ensuring your contact information is current with the courthouse can prevent missed notifications.

Seeking Assistance

For individuals uncertain about how to handle a missed court date or concerned about potential penalties, consulting with a legal professional is strongly recommended. New Jersey offers several legal aid organizations that provide guidance, particularly for those facing financial hardship.

Final Thoughts

Missing a court date in New Jersey can result in serious consequences, ranging from fines to arrest. However, by acting quickly, explaining the circumstances, and seeking proper support, individuals may be able to resolve the situation effectively. Awareness and preparation are key to minimizing risks and protecting one’s legal standing.

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Factors That Influence Whether a First-Time Offender Goes to Jail

Whether a first-time offender in New Jersey is sentenced to jail depends on several factors, including:

The Nature of the Offense

For non-violent offenses, such as minor theft, disorderly conduct, or possession of a small amount of marijuana, jail is less likely.

For violent crimes, such as assault, robbery, or domestic violence, the court is more likely to impose stricter penalties, including incarceration.

The Severity of the Charges

Crimes in New Jersey are classified as indictable offenses (felonies) or disorderly persons offenses (misdemeanors). Indictable offenses carry harsher penalties, while disorderly persons offenses often result in probation or fines for first-time offenders.

Mitigating and Aggravating Circumstances

The court considers factors like the offender’s intent, remorse, and willingness to make restitution to the victim.

Conversely, aggravating factors, such as causing injury or involving a weapon, may increase the likelihood of jail time.

The Offender’s Criminal Record

First-time offenders typically have no prior criminal history, which can work in their favor during sentencing. Courts are more inclined to consider rehabilitation programs in such cases.

Alternative Sentencing Options for First-Time Offenders in NJ

New Jersey recognizes the importance of rehabilitating first-time offenders rather than imposing harsh penalties. Several alternative sentencing options are available to keep individuals out of jail:

Pretrial Intervention Program (PTI)

PTI is a diversion program designed for first-time offenders charged with indictable offenses.

Participants must meet specific eligibility criteria, such as having no prior convictions and being charged with non-violent crimes.

Upon successful completion of PTI (e.g., attending counseling, performing community service, or meeting probationary requirements), the charges are dismissed, and no criminal conviction appears on the offender’s record.

Conditional Discharge for Drug Offenses

First-time offenders charged with possession of small amounts of controlled substances may qualify for a conditional discharge.

This program requires the offender to complete probation and avoid reoffending. Successful completion results in the charges being dismissed.

Conditional Dismissal for Disorderly Persons Offenses

For disorderly persons offenses, first-time offenders may apply for conditional dismissal.

Like PTI, this program allows offenders to avoid a criminal record if they meet the court’s conditions during a probationary period.

Probation

In some cases, the court may sentence first-time offenders to probation instead of jail.

Probation typically involves regular check-ins with a probation officer, maintaining employment, and avoiding further legal trouble.

Offenses That Typically Lead to Jail Time for First-Time Offenders

While New Jersey is generally lenient toward first-time offenders, certain offenses are more likely to result in jail time even for individuals with no prior criminal record. These include:

Driving While Intoxicated (DWI):

Although first-time DWI offenders often face fines and license suspensions, jail time is possible, especially if the blood alcohol content (BAC) is significantly above the legal limit or if the offender caused an accident.

Domestic Violence:

Acts of domestic violence can lead to immediate incarceration, even for first-time offenders, depending on the circumstances.

Serious Violent Crimes:

Crimes involving weapons, significant bodily harm, or fatalities almost always result in jail time regardless of the offender’s prior record.

The Role of a Criminal Defense Attorney

Navigating the criminal justice system can be complicated, especially for first-time offenders. A skilled criminal defense attorney can:

• Negotiate with prosecutors to secure admission into diversion programs like PTI or conditional dismissal.
• Advocate for alternative sentencing, such as probation, in lieu of incarceration.
• Highlight mitigating factors to reduce the severity of penalties.

Hiring an experienced attorney can make a significant difference in the outcome of a first-time offender’s case.

Final Thoughts

For first-time offenders in New Jersey, the likelihood of going to jail depends on the nature of the offense, its severity, and other mitigating factors. While jail time is possible, especially for violent or serious crimes, the state offers several alternatives, such as diversion programs and probation, to help offenders avoid incarceration and move forward with their lives.

If you or someone you know is facing their first criminal charge, consulting with a knowledgeable NJ criminal defense attorney can help ensure the best possible outcome. By understanding your rights and options, you can navigate the legal process with confidence and focus on rehabilitation rather than punishment.

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Post-Conviction Relief (PCR)

While the appeal deadline may have passed, individuals convicted of a crime in New Jersey can explore post-conviction relief (PCR). PCR is a legal process that allows defendants to challenge their convictions based on constitutional violations, newly discovered evidence, or ineffective assistance of counsel. It provides an opportunity to present evidence that was not available during the trial or appeal process.

Habeas Corpus Petitions

Habeas corpus petitions are another avenue for individuals seeking relief after the expiration of the appeal deadline. These petitions focus on challenging the legality of one’s detention, especially in cases involving constitutional violations or wrongful imprisonment. By presenting evidence of legal errors or constitutional violations, individuals may petition the court for their release.

Clemency or Pardon Applications

For individuals who have exhausted other legal avenues, seeking clemency or a pardon is an option. While these processes do not directly address the merits of the case, they involve appealing to executive authority for mercy. This could be in the form of a reduced sentence, commutation, or even a full pardon, effectively forgiving the conviction.

Collateral Attacks on the Conviction

Collateral attacks on a conviction involve challenging the legality of the conviction through civil proceedings. This may include filing a civil lawsuit based on violations of constitutional rights or legal errors that led to the conviction. While distinct from a direct appeal, collateral attacks provide an alternative means of challenging the validity of a conviction.

Legal Advocacy Organizations

Exploring support from legal advocacy organizations can be beneficial when seeking alternative options. These organizations often specialize in assisting individuals who have faced injustice within the criminal justice system. They may provide guidance, resources, and, in some cases, legal representation to pursue post-conviction remedies.

Final Thoughts

When the window for filing a criminal appeal in New Jersey has closed, it’s crucial for individuals to be aware of alternative options. Post-conviction relief, habeas corpus petitions, clemency applications, collateral attacks, and seeking support from legal advocacy organizations are all potential avenues for those who believe their convictions were unjust.

It’s important to note that navigating these alternatives can be complex, requiring legal expertise and strategic planning. Consulting with an experienced attorney who specializes in post-conviction matters is advised to explore these options effectively. While the appeal deadline may have passed, the pursuit of justice remains a viable and essential endeavor. When faced with life-altering results of a criminal conviction, it is important that you protect yourself by all available means. A specialized NJ criminal defense attorney can help, and you should speak to a lawyer at the earliest to give yourself the best chance to avoid unwanted consequences.

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SENTENCING -New Jersey Criminal Penalties

Listed below are the sections of the New Jersey Criminal Code that apply to penalties for criminal offenses. The application of these statutes depends on specific facts in a case. Although you can review these statutes for general information, please contact us directly so that we can advise you of the potential penalties in your situation.

2C:43-1.Degrees of crimes

a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows:

(1) Crimes of the first degree;

(2) Crimes of the second degree;

(3) Crimes of the third degree; and

(4) Crimes of the fourth degree.

A crime is of the first, second, third or fourth degree when it is so designated by the code.An offense, declared to be a crime, without specification of degree, is of the fourth degree.

b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree.Except as provided in sections 2C:1-4c. and 2C:1-5b. and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree.

2C:43-2Sentence in accordance with code; authorized dispositions.

a. Except as otherwise provided by this code, all persons convicted of an offense or offenses shall be sentenced in accordance with this chapter.

b.Except as provided in subsection a. of this section and subject to the applicable provisions of the code, the court may suspend the imposition of sentence on a person who has been convicted of an offense, or may sentence him as follows:

To pay a fine or make restitution authorized by N.J.S.2C:43-3 or P.L.1997, c.253 (C.2C:43-3.4 et al.); or

Except as provided in subsection g. of this section, to be placed on probation and, in the case of a person convicted of a crime, to imprisonment for a term fixed by the court not exceeding 364 days to be served as a condition of probation, or in the case of a person convicted of a disorderly persons offense, to imprisonment for a term fixed by the court not exceeding 90 days to be served as a condition of probation; or

To imprisonment for a term authorized by sections 2C:11-3, 2C:43-5, 2C:43-6, 2C:43-7, and 2C:43-8 or 2C:44-5; or

To pay a fine, make restitution and probation, or fine, restitution and imprisonment; or

To release under supervision in the community or to require the performance of community-related service; or

To a halfway house or other residential facility in the community, including agencies which are not operated by the Department of Human Services; or

To imprisonment at night or on weekends with liberty to work or to participate in training or educational programs.

Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver’s license, registration certificate, or both of any person convicted of a crime, disorderly persons offense, or petty disorderly persons offense in the course of which a motor vehicle was used. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the crime or offense and the potential effect of the loss of driving privileges on the person’s ability to be rehabilitated.Any postponement, suspension, or revocation shall be imposed consecutively with any custodial sentence.

This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty.Such a judgment or order may be included in the sentence.

The court shall state on the record the reasons for imposing the sentence, including its findings pursuant to the criteria for withholding or imposing imprisonment or fines under sections 2C:44-1 to 2C:44-3, where imprisonment is imposed, consideration of the defendant’s eligibility for release under the law governing parole and the factual basis supporting its findings of particular aggravating or mitigating factors affecting sentence.

The court shall explain the parole laws as they apply to the sentence and shall state:

the approximate period of time in years and months the defendant will serve in custody before parole eligibility;

the jail credits or the amount of time the defendant has already served;

that the defendant may be entitled to good time and work credits; and

that the defendant may be eligible for participation in the Intensive Supervision Program.

Notwithstanding the provisions of paragraph (2) of subsection b. of this section, a court imposing sentence on a defendant who has been convicted of any offense enumerated in subsection a. of section 2 of P.L.1994, c.130 (C.2C:43-6.4) may not sentence the defendant to be placed on probation.

2C:43-3Fines and restitutions

A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2)$10,000.00 when the conviction is of a crime of the fourth degree;

c.$1,000.00, when the conviction is of a disorderly persons offense;

d.$500.00, when the conviction is of a petty disorderly persons offense;

e.Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender.In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue.For purposes of this section the term “gain” means the amount of money or the value of property derived by the offender and “loss” means the amount of value separated from the victim or the amount of any payment owed to the victim and avoided or evaded and includes any reasonable and necessary expense incurred by the owner in recovering or replacing lost, stolen or damaged property, or recovering any payment avoided or evaded, and, with respect to property of a research facility, includes the cost of repeating an interrupted or invalidated experiment or loss of profits.The term “victim” shall mean a person who suffers a personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person, or in the case of a homicide, the nearest relative of the victim.The terms “gain” and “loss” shall also mean, where appropriate, the amount of any tax, fee, penalty and interest avoided, evaded, or otherwise unpaid or improperly retained or disposed of;

f.Any higher amount specifically authorized by another section of this code or any other statute;

g.Up to twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a second or subsequent conviction of any tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, or of any offense defined in chapter 20 or 21 of this code;

h.In the case of violations of chapter 35, any higher amount equal to three times the street value of the controlled dangerous substance or controlled substance analog.The street value for purposes of this section shall be determined pursuant to subsection e. of N.J.S.2C:44-2.

The restitution ordered paid to the victim shall not exceed the victim’s loss, except that in any case involving the failure to pay any State tax, the amount of restitution to the State shall be the full amount of the tax avoided or evaded, including full civil penalties and interest as provided by law.In any case where the victim of the offense is any department or division of State government, the court shall order restitution to the victim.Any restitution imposed on a person shall be in addition to any fine which may be imposed pursuant to this section.

2C:43-6.Sentence of imprisonment for crime; ordinary terms; mandatory terms
2C:43-6.Sentence of Imprisonment for Crime; Ordinary Terms; Mandatory Terms.a.Except as otherwise provided, a person who has been convicted of a crime may be sentenced to imprisonment, as follows:

(1)In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2)In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3)In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4)In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

b.As part of a sentence for any crime, where the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of 2C:44-1, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a., or one-half of the term set pursuant to a maximum period of incarceration for a crime set forth in any statute other than this code, during which the defendant shall not be eligible for parole; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole.

c.A person who has been convicted under 2C:39-4a. of possession of a firearm with intent to use it against the person of another, or of a crime under any of the following sections: 2C:11-3, 2C:11-4, 2C:12-1b., 2C:13-1, 2C:14-2a., 2C:14-3a., 2C:15-1, 2C:18-2, 2C:29-5, who, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a firearm as defined in 2C:39-1f., shall be sentenced to a term of imprisonment by the court.The term of imprisonment shall include the imposition of a minimum term.The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

The minimum terms established by this section shall not prevent the court from imposing presumptive terms of imprisonment pursuant to 2C:44-1f. (1) except in cases of crimes of the fourth degree.

A person who has been convicted of an offense enumerated by this subsection and who used or possessed a firearm during its commission, attempted commission or flight therefrom and who has been previously convicted of an offense involving the use or possession of a firearm as defined in 2C:44-3d., shall be sentenced by the court to an extended term as authorized by 2C:43-7c., notwithstanding that extended terms are ordinarily discretionary with the court.

d.The court shall not impose a mandatory sentence pursuant to subsection c. of this section, 2C:43-7c. or 2C:44-3d., unless the ground therefor has been established at a hearing.At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the weapon used or possessed was a firearm.In making its finding, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

e.A person convicted of a third or subsequent offense involving State taxes under N.J.S.2C:20-9, N.J.S.2C:21-15, any other provision of this code, or under any of the provisions of Title 54 of the Revised Statutes, or Title 54A of the New Jersey Statutes, as amended and supplemented, shall be sentenced to a term of imprisonment by the court. This shall not preclude an application for and imposition of an extended term of imprisonment under N.J.S.2C:44-3 if the provisions of that section are applicable to the offender.

f.A person convicted of manufacturing, distributing, dispensing or possessing with intent to distribute any dangerous substance or controlled substance analog under N.J.S.2C:35-5, of maintaining or operating a controlled dangerous substance production facility under N.J.S.2C:35-4, of employing a juvenile in a drug distribution scheme under N.J.S.2C:35-6, leader of a narcotics trafficking network under N.J.S.2C:35-3, or of distributing, dispensing or possessing with intent to distribute on or near school property or buses under section 1 of P.L.1987, c.101 (C.2C:35-7), who has been previously convicted of manufacturing, distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog, shall upon application of the prosecuting attorney be sentenced by the court to an extended term as authorized by subsection c. of N.J.S.2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court.The term of imprisonment shall, except as may be provided in N.J.S.2C:35-12, include the imposition of a minimum term.The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, not less than seven years if the person is convicted of a violation of N.J.S.2C:35-6, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

The court shall not impose an extended term pursuant to this subsection unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish the ground therefor by a preponderance of the evidence. In making its finding, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

For the purpose of this subsection, a previous conviction exists where the actor has at any time been convicted under chapter 35 of this title or Title 24 of the Revised Statutes or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, N.J.S.2C:35-6 or section 1 of P.L.1987, c.101 (C.2C:35-7).

g.Any person who has been convicted under subsection a. of N.J.S.2C:39-4 of possessing a machine gun or assault firearm with intent to use it against the person of another, or of a crime under any of the following sections: N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:12-1b., N.J.S.2C:13-1, N.J.S.2C:14-2a., N.J.S.2C:14-3a., N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:29-5, N.J.S.2C:35-5, who, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a machine gun or assault firearm shall be sentenced to a term of imprisonment by the court.The term of imprisonment shall include the imposition of a minimum term.The minimum term shall be fixed at 10 years for a crime of the first or second degree, five years for a crime of the third degree, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

The minimum terms established by this section shall not prevent the court from imposing presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1 for crimes of the first degree.

A person who has been convicted of an offense enumerated in this subsection and who used or possessed a machine gun or assault firearm during its commission, attempted commission or flight therefrom and who has been previously convicted of an offense involving the use or possession of any firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the court to an extended term as authorized by subsection d. of N.J.S.2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court.

h.The court shall not impose a mandatory sentence pursuant to subsection g. of this section, subsections d. of N.J.S.2C:43-7 or N.J.S.2C:44-3, unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the weapon used or possessed was a machine gun or assault firearm.In making its finding, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

i.A person who has been convicted under paragraph (6) of subsection b. of 2C:12-1 of causing bodily injury while eluding shall be sentenced to a term of imprisonment by the court.The term of imprisonment shall include the imposition of a minimum term.The minimum term shall be fixed at, or between one-third and one-half of the sentence imposed by the court.The minimum term established by this subsection shall not prevent the court from imposing a presumptive term of imprisonment pursuant to paragraph (1) of subsection f. of 2C:44-1.

Amended 1979,c.178,s.85; 1981,c.31,s.1; 1981,c.290,s.38; 1981,c.569,s.1; 1982,c.119,s.1; 1987,c.76,s.35; 1987,c.106,s.12; 1988,c.44,s.13; 1990,c.32,s.6; 1993,c.219,s.6.

2C:43-6.1.Person under minimum mandatory sentence for possession of firearm with intent to use against property of another;review of sentence; imposition of other sentence
Any person who, on the effective date of this amendatory and supplementary act, is serving a minimum mandatory sentence as provided for by N.J.S. 2C:43-6c. solely as a result of his conviction under subsection a. of N.J.S. 2C:39-4 for the possession of a firearm with intent to use it against the property of another, and has not had his sentence suspended or been paroled or discharged, may move to have his sentence reviewed by the sentencing court. For good cause shown, the court may impose any sentence which would have otherwise been available for such person.

L.1982, c. 119, s. 2, eff. Aug. 31, 1982.

2C:43-6.2.Probation; reduction of mandatory minimum term
1.On a motion by the prosecutor made to the assignment judge that the imposition of a mandatory minimum term of imprisonment under (a) subsection c. of N.J.S.2C:43-6 for a defendant who has not previously been convicted of an offense under that subsection, or (b) subsection e. of N.J.S.2C:39-10 for a defendant who has not previously been convicted of an offense under chapter 39 of Title 2C of the New Jersey Statutes, does not serve the interests of justice, the assignment judge shall place the defendant on probation pursuant to paragraph (2) of subsection b. of N.J.S.2C:43-2 or reduce to one year the mandatory minimum term of imprisonment during which the defendant will be ineligible for parole. The sentencing court may also refer a case of a defendant who has not previously been convicted of an offense under that subsection to the assignment judge, with the approval of the prosecutor, if the sentencing court believes that the interests of justice would not be served by the imposition of a mandatory minimum term.

L.1989,c.53,s.1; amended 1993,c.49,s.2.

2C:43-6.3.Review of sentence
Any person who, on the effective date of this act, is serving a mandatory minimum sentence as provided for by subsection c. of N.J.S.2C:43-6, who has not been previously convicted under that subsection, and has not had his sentence suspended or been paroled or discharged, may move to have his sentence reviewed by the assignment judge for the sentencing court.If the prosecutor agrees that the sentence under review does not serve the interests of justice, the judge shall reduce the mandatory minimum term of imprisonment without parole eligibility to one year or place the person on probation pursuant to paragraph (2) of subsection b. of N.J.S.2C:43-2.

L.1989, c.53, s.2.

2C:43-6.4Special sentence of parole supervision for life.

2. a. Notwithstanding any provision of law to the contrary, a judge imposing sentence on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3) of subsection b. of N.J.S.2C:24-4, luring or an attempt to commit any of these offenses shall include, in addition to any sentence authorized by this Code, a special sentence of parole supervision for life.

b.The special sentence of parole supervision for life required by this section shall commence immediately upon the defendant’s release from incarceration.If the defendant is serving a sentence of incarceration for another offense at the time he completes the custodial portion of the sentence imposed on the present offense, the special sentence of parole supervision for life shall not commence until the defendant is actually released from incarceration for the other offense.Persons serving a special sentence of parole supervision for life shall remain in the legal custody of the Commissioner of Corrections, shall be supervised by the Division of Parole of the State Parole Board, shall be subject to the provisions and conditions set forth in subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b) and sections 15 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.63 and 30:4-123.65), and shall be subject to conditions appropriate to protect the public and foster rehabilitation.If the defendant violates a condition of a special sentence of parole supervision for life, the defendant shall be subject to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and 30:4-123.65), and for the purpose of calculating the limitation on time served pursuant to section 21 of P.L.1979, c.441 (C.30:4-123.65)the custodial term imposed upon the defendant related to the special sentence of parole supervision for life shall be deemed to be a term of life imprisonment.When the court suspends the imposition of sentence on a defendant who has been convicted of any offense enumerated in subsection a. of this section, the court may not suspend imposition of the special sentence of parole supervision for life, which shall commence immediately, with the Division of Parole of the State Parole Board maintaining supervision over that defendant, including the defendant’s compliance with any conditions imposed by the court pursuant to N.J.S.2C:45-1, in accordance with the provisions of this subsection.Nothing contained in this subsection shall prevent the court from at any time proceeding under the provisions of N.J.S.2C:45-1 through 2C:45-4 against any such defendant for a violation of any conditions imposed by the court when it suspended imposition of sentence, or prevent the Division of Parole from proceeding under the provisions of sections 16 through 19 and 21 of P.L.1979. c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) against any such defendant for a violation of any conditions of the special sentence of parole supervision for life, including the conditions imposed by the court pursuant to N.J.S.2C:45-1.In any such proceeding by the Division of Parole, the provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b) authorizing revocation and return to prison shall be applicable to such a defendant, notwithstanding that the defendant may not have been sentenced to or served any portion of a custodial term for conviction of an offense enumerated in subsection a. of this section.

c.A person sentenced to a term of parole supervision for life may petition the Superior Court for release from that parole supervision. The judge may grant a petition for release from a special sentence of parole supervision for life only upon proof by clear and convincing evidence that the person has not committed a crime for 15 years since the last conviction or release from incarceration, whichever is later, and that the person is not likely to pose a threat to the safety of others if released from parole supervision.Notwithstanding the provisions of section 22 of P.L.1979, c.441 (C.30:4-123.66), a person sentenced to a term of parole supervision for life may be released from that parole supervision term only by court order as provided in this subsection.

d.A person who violates a condition of a special sentence imposed pursuant to this section without good cause is guilty of a crime of the fourth degree.Notwithstanding any other law to the contrary, a person sentenced pursuant to this subsection shall be sentenced to a term of imprisonment, unless the court is clearly convinced that the interests of justice so far outweigh the need to deter this conduct and the interest in public safety that a sentence to imprisonment would be a manifest injustice.Nothing in this subsection shall preclude subjecting a person who violates any condition of a special sentence of parole supervision for life to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) pursuant to the provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

e.A person who, while serving a special sentence of parole supervision for life imposed pursuant to this section, commits a violation of N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:11-5, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, N.J.S.2C:13-6, N.J.S.2C:14-2, N.J.S.2C:14-3, N.J.S.2C:24-4, N.J.S.2C:18-2 when the offense is a crime of the second degree, or subsection a. of N.J.S.2C:39-4 shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7, which term shall, notwithstanding the provisions of N.J.S.2C:43-7 or any other law, be served in its entirety prior to the person’s resumption of the term of parole supervision for life.

L.1994,c.130,s.2; amended 2003, c.267, s.1.

2C:43-7Sentence of imprisonment for crime; extended terms.

a. In the cases designated in section 2C:44-3, a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), in subsection b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1) and in the cases designated in section 1 of P.L.1997, c.410 (C.2C:44-5.1), a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows:

(1) In case of aggravated manslaughter sentenced under subsection c. of N.J.S.2C:11-4; or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g. of N.J.S.2C:44-3 for a specific term of years which shall be between 30 years and life imprisonment;

(2) Except for the crime of murder and except as provided in paragraph (1) of this subsection, in the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 20 years and life imprisonment;

(3) In the case of a crime of the second degree, for a term which shall be fixed by the court between 10 and 20 years;

(4) In the case of a crime of the third degree, for a term which shall be fixed by the court between five and 10 years;

(5) In the case of a crime of the fourth degree pursuant to 2C:43-6c, 2C:43-6g and 2C:44-3d for a term of five years, and in the case of a crime of the fourth degree pursuant to any other provision of law for a term which shall be fixed by the court between three and five years;

(6) In the case of the crime of murder, for a specific term of years which shall be fixed by the court between 35 years and life imprisonment, of which the defendant shall serve 35 years before being eligible for parole;

(7) In the case of kidnapping under paragraph (2) of subsection c. of 2C:13-1, for a specific term of years which shall be fixed by the court between 30 years and life imprisonment, of which the defendant shall serve 30 years before being eligible for parole.

b. As part of a sentence for an extended term and notwithstanding the provisions of 2C:43-9, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a. during which the defendant shall not be eligible for parole or a term of 25 years during which time the defendant shall not be eligible for parole where the sentence imposed was life imprisonment; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole.

c. In the case of a person sentenced to an extended term pursuant to 2C:43-6c, 2C:43-6f and 2C:44-3d, the court shall impose a sentence within the ranges permitted by 2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall, except as may be specifically provided by N.J.S.2C:43-6f, be fixed at or between one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall not be eligible for parole.Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted for a violation of N.J.S.2C:35-3, the term of parole ineligibility shall be 30 years.

d. In the case of a person sentenced to an extended term pursuant to N.J.S.2C:43-6g, the court shall impose a sentence within the ranges permitted by N.J.S.2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall be fixed at 15 years for a crime of the first or second degree, eight years for a crime of the third degree, or five years for a crime of the fourth degree during which the defendant shall not be eligible for parole.Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted of a violation of N.J.S.2C:35-3, the term of parole eligibility shall be 30 years.

2C:43-7.2Mandatory service of 85% of sentence for certain offenses.

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.

b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration.Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.

c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree.The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration.During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:

(1) N.J.S.2C:11-3, murder;

(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

(3) N.J.S.2C:11-5, vehicular homicide;

(4) subsection b. of N.J.S.2C:12-1, aggravated assault;

(5) subsection b. of N.J.S.2C:12-11, disarming a law enforcement officer;

(6) N.J.S.2C:13-1, kidnapping;

(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

(9) N.J.S.2C:15-1, robbery;

(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;

(12) N.J.S.2C:18-2, burglary;

(13) subsection a. of N.J.S.2C:20-5, extortion;

(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities; or

(15) N.J.S.2C:35-9, strict liability for drug induced deaths.

(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism; or

(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices.

e. (Deleted by amendment, P.L.2001, c.129).

2C:43-8.Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses

A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite termwhich shall be fixed by the court and shall not exceed 6 months in the case ofa disorderly persons offense or 30 days in the case of a petty disorderlypersons offense.

2C:43-12.Supervisory treatment – pretrial intervention

a. Public policy. The purpose of sections 2C:43-12 through 2C:43-22 of this chapter is to effectuate a Statewide program of Pretrial Intervention.It is the policy of the State of New Jersey that supervisory treatment should ordinarily be limited to persons who have not previously been convicted of any criminal offense under the laws of New Jersey, or under any criminal law of the United States, or any other state when supervisory treatment would:

(1)Provide applicants, on an equal basis, with opportunities to avoid ordinary prosecution by receiving early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by an applicant, and when there is apparent causal connection between the offense charged and the rehabilitative or supervisory need, without which cause both the alleged offense and the need to prosecute might not have occurred; or

(2)Provide an alternative to prosecution for applicants who might be harmed by the imposition of criminal sanctions as presently administered, when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct; or

(3)Provide a mechanism for permitting the least burdensome form of prosecution possible for defendants charged with “victimless” offenses; or

(4)Provide assistance to criminal calendars in order to focus expenditure of criminal justice resources on matters involving serious criminality and severe correctional problems; or

(5)Provide deterrence of future criminal or disorderly behavior by an applicant in a program of supervisory treatment.

b. Admission of an applicant into a program of supervisory treatment shall be measured according to the applicant’s amenability to correction, responsiveness to rehabilitation and the nature of the offense.

c. The decision and reasons therefor made by the designated judges (or assignment judges), prosecutors and program directors in granting or denying applications for supervisory treatment, in recommending and ordering termination from the program or dismissal of charges, in all cases shall be reduced to writing and disclosed to the applicant.

d. If an applicant desires to challenge the decision of the prosecutor or program director not to recommend enrollment in a program of supervisory treatment the proceedings prescribed under section 14 shall be followed.

e. Referral.At any time prior to trial but after the filing of a criminal complaint, or the filing of an accusation or the return of an indictment, with the consent of the prosecutor and upon written recommendation of the program director, the assignment judge or a judge designated by him may postpone all further proceedings against an applicant and refer said applicant to a program of supervisory treatment approved by the Supreme Court. Prosecutors and program directors shall consider in formulating their recommendation of an applicant’s participation in a supervisory treatment program, among others, the following criteria:

(1)The nature of the offense;

(2)The facts of the case;

(3)The motivation and age of the defendant;

(4)The desire of the complainant or victim to forego prosecution;

(5)The existence of personal problems and character traits which may be related to the applicant’s crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment;

(6)The likelihood that the applicant’s crime is related to a condition or situation that would be conducive to change through his participation in supervisory treatment;

(7)The needs and interests of the victim and society;

(8)The extent to which the applicant’s crime constitutes part of a continuing pattern of anti-social behavior;

(9)The applicant’s record of criminal and penal violations and the extent to which he may present a substantial danger to others;

(10) Whether or not the crime is of an assaultive or violent nature, whether in the criminal act itself or in the possible injurious consequences of such behavior;

(11) Consideration of whether or not prosecution would exacerbate the social problem that led to the applicant’s criminal act;

(12) The history of the use of physical violence toward others;

(13) Any involvement of the applicant with organized crime;

(14) Whether or not the crime is of such a nature that the value of supervisory treatment would be outweighed by the public need for prosecution;

(15) Whether or not the applicant’s involvement with other people in the crime charged or in other crime is such that the interest of the State would be best served by processing his case through traditional criminal justice system procedures;

(16) Whether or not the applicant’s participation in pretrial intervention will adversely affect the prosecution of codefendants; and

(17) Whether or not the harm done to society by abandoning criminal prosecution would outweigh the benefits to society from channeling an offender into a supervisory treatment program.

f. Review of Supervisory Treatment Applications; Procedure Upon Denial. Each applicant for supervisory treatment shall be entitled to full and fair consideration of his application.If an application is denied, the program director or the prosecutor shall precisely state his findings and conclusion which shall include the facts upon which the application is based and the reasons offered for the denial.If the applicant desires to challenge the decision of a program director not to recommend, or of a prosecutor not to consent to, enrollment into a supervisory treatment program, a motion shall be filed before the designated judge (or assignment judge) authorized pursuant to the rules of court to enter orders.

g. Limitations.Supervisory treatment may occur only once with respect to any defendant and any person who has previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), shall not be eligible for supervisory treatment under this section. However, supervisory treatment, as provided herein, shall be available to a defendant irrespective of whether the defendant contests his guilt of the charge or charges against him.

h. Termination.Termination of supervisory treatment under this section shall be immediately reported to the assignment judge of the county who shall forward such information to the Administrative Director of the Courts.

i. Appointment of Program Directors; Authorized Referrals. Programs of supervisory treatment and appointment of the program directors require approval by the Supreme Court with the consent of the assignment judge and prosecutor. Referrals of participants from supervisory treatment programs may be to any public or private office or agency, including but not limited to, programs within the probation service of the court, offering counseling or any other social service likely to aid in the rehabilitation of the participant and to deter the commission of other offenses.

j. Health Care Professional Licensing Board Notification.The program director shall promptly notify the State Board of Medical Examiners when a State licensed physician or podiatrist has been enrolled in a supervisory treatment program after he has been charged with an offense involving drugs or alcohol.

2C:43-13.Supervisory treatment procedure

a. Agreement. The terms and duration of the supervisory treatment shall be set forth in writing, signed by the prosecutor and agreed to and signed by the participant.Payment of the assessment required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be included as a term of the agreement.If the participant is represented by counsel, defense counsel shall also sign the agreement.Each order of supervisory treatment shall be filed with the county clerk.

b. Charges.During a period of supervisory treatment the charge or charges on which the participant is undergoing supervisory treatment shall be held in an inactive status pending termination of the supervisory treatment pursuant to subsection d. or e. of this section.

c. Period of treatment.Supervisory treatment may be for such period, as determined by the designated judge or the assignment judge, not to exceed three years, provided, however, that the period of supervisory treatment may be shortened or terminated as the program director may determine with the consent of the prosecutor and the approval of the court.

d. Dismissal.Upon completion of supervisory treatment, and with the consent of the prosecutor, the complaint, indictment or accusation against the participant may be dismissed with prejudice.

e. Violation of conditions.Upon violation of the conditions of supervisory treatment, the court shall determine, after summary hearing, whether said violation warrants the participant’s dismissal from the supervisory treatment program or modification of the conditions of continued participation in that or another supervisory treatment program. Upon dismissal of the participant from the supervisory treatment program, the charges against the participant may be reactivated and the prosecutor may proceed as though no supervisory treatment had been commenced.

f. Evidence.No statement or other disclosure by a participant undergoing supervisory treatment made or disclosed to the person designated to provide such supervisory treatment shall be disclosed, at any time, to the prosecutor in connection with the charge or charges against the participant, nor shall any such statement or disclosure be admitted as evidence in any civil or criminal proceeding against the participant. Nothing provided herein, however, shall prevent the person providing supervisory treatment from informing the prosecutor, or the court, upon request or otherwise as to whether or not the participant is satisfactorily responding to supervisory treatment.

g. Delay.No participant agreeing to undergo supervisory treatment shall be permitted to complain of a lack of speedy trial for any delay caused by the commencement of supervisory treatment.

A person applying for admission to a program of supervisory treatment shall pay to the court a fee of $75.00.The court shall forward all money collected under this subsection to the treasurer of the county in which the court is located.This money shall be used to defray the cost of juror compensation within that county.A person may apply for a waiver of this fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey.Of the moneys collected under this subsection, $30.00 of each application fee shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275.After December 31, 1994,the $75.00 fee shall be paid to the court, for use by the State.

2C:44-1.Criteria for withholding or imposing sentence of imprisonment

a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:

(1) The nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner;

(2) The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;

(3) The risk that the defendant will commit another offense;

(4) A lesser sentence will depreciate the seriousness of the defendant’s offense because it involved a breach of the public trust under chapters 27 and 30, or the defendant took advantage of a position of trust or confidence to commit the offense;

(5) There is a substantial likelihood that the defendant is involved in organized criminal activity;

(6) The extent of the defendant’s prior criminal record and the seriousness of the offenses of which he has been convicted;

(7) The defendant committed the offense pursuant to an agreement that he either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;

(8) The defendant committed the offense against a police or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; or the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of his duties or because of the person’s status as a sports official, coach or manager;

(9) The need for deterring the defendant and others from violating the law;

(10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;

(11) The imposition of a fine, penalty or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;

(12) The defendant committed the offense against a person who he knew or should have known was 60 years of age or older, or disabled; and

(13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle.

b. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following mitigating circumstances:

(1) The defendant’s conduct neither caused nor threatened serious harm;

(2) The defendant did not contemplate that his conduct would cause or threaten serious harm;

(3) The defendant acted under a strong provocation;

(4) There were substantial grounds tending to excuse or justify the defendant’s conduct, though failing to establish a defense;

(5) The victim of the defendant’s conduct induced or facilitated its commission;

(6) The defendant has compensated or will compensate the victim of his conduct for the damage or injury that he sustained, or will participate in a program of community service;

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

(8) The defendant’s conduct was the result of circumstances unlikely to recur;

(9) The character and attitude of the defendant indicate that he is unlikely to commit another offense;

(10) The defendant is particularly likely to respond affirmatively to probationary treatment;

(11) The imprisonment of the defendant would entail excessive hardship to himself or his dependents;

(12) The willingness of the defendant to cooperate with law enforcement authorities;

(13) The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant.

c. (1) A plea of guilty by a defendant or failure to so plead shall not be considered in withholding or imposing a sentence of imprisonment.

(2) When imposing a sentence of imprisonment the court shall consider the defendant’s eligibility for release under the law governing parole, including time credits awarded pursuant to Title 30 of the Revised Statutes, in determining the appropriate term of imprisonment.

d. Presumption of imprisonment.The court shall deal with a person who has been convicted of a crime of the first or second degree by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that his imprisonment would be a serious injustice which overrides the need to deter such conduct by others. Notwithstanding the provisions of subsection e. of this section, the court shall deal with a person who has been convicted of theft of a motor vehicle or of the unlawful taking of a motor vehicle and who has previously been convicted of either offense by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that his imprisonment would be a serious injustice which overrides the need to deter such conduct by others.

e. The court shall deal with a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense, without imposing a sentence of imprisonment unless, having regard to the nature and circumstances of the offense and the history, character and condition of the defendant, it is of the opinion that his imprisonment is necessary for the protection of the public under the criteria set forth in subsection a., except that this subsection shall not apply if the person is convicted of any of the following crimes of the third degree: theft of a motor vehicle; unlawful taking of a motor vehicle; eluding; if the person is convicted of a crime of the third degree constituting use of a false governmentdocument in violation of subsection c. of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the person is convicted of a crime of the third degree constituting distribution, manufacture or possession of an item containing personal identifyinginformation in violation of subsection b.of section 6 of P.L.2003, c.184 (C.2C:21-17.3); or if the person is convicted of a crime of the third or fourth degree constituting bias intimidation in violation of N.J.S.2C:16-1; or if the person is convicted of a crime of the third or fourth degree under the provisions of section 1 or 2 of P.L.1997, c.111 (C.2C:11-5.1 or 2C:12-1.1).

f. Presumptive Sentences. (1) Except for the crime of murder, unless the preponderance of aggravating or mitigating factors, as set forth in subsections a. and b., weighs in favor of a higher or lower term within the limits provided in N.J.S.2C:43-6, when a court determines that a sentence of imprisonment is warranted, it shall impose sentence as follows:

(a) To a term of 20 years for aggravated manslaughter or kidnaping pursuant to paragraph

(1) of subsection c. of N.J.S.2C:13-1 when the offense constitutes a crime of the first degree;

(b) Except as provided in paragraph

(a) of this subsection to a term of 15 years for a crime of the first degree;

(c) To a term of seven years for a crime of the second degree;

(d) To a term of four years for a crime of the third degree; and

(e) To a term of nine months for a crime of the fourth degree.

In imposing a minimum term pursuant to 2C:43-6b., the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

Unless the preponderance of mitigating factors set forth in subsection b. weighs in favor of a lower term within the limits authorized, sentences imposed pursuant to 2C:43-7a.(1) shall have a presumptive term of life imprisonment.Unless the preponderance of aggravating and mitigating factors set forth in subsections a. and b. weighs in favor of a higher or lower term within the limits authorized, sentences imposed pursuant to 2C:43-7a.(2) shall have a presumptive term of 50 years’ imprisonment; sentences imposed pursuant to 2C:43-7a.(3) shall have a presumptive term of 15 years’ imprisonment; and sentences imposed pursuant to 2C:43-7a.(4) shall have a presumptive term of seven years’ imprisonment.

In imposing a minimum term pursuant to 2C:43-7b., the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

(2) In cases of convictions for crimes of the first or second degree where the court is clearly convinced that the mitigating factors substantially outweigh the aggravating factors and where the interest of justice demands, the court may sentence the defendant to a term appropriate to a crime of one degree lower than that of the crime for which he was convicted.If the court does impose sentence pursuant to this paragraph, or if the court imposes a noncustodial or probationary sentence upon conviction for a crime of the first or second degree, such sentence shall not become final for 10 days in order to permit the appeal of such sentence by the prosecution.

g. Imposition of Noncustodial Sentences in Certain Cases.If the court, in considering the aggravating factors set forth in subsection a., finds the aggravating factor in paragraph a.(2) or a.(12) and does not impose a custodial sentence, the court shall specifically place on the record the mitigating factors which justify the imposition of a noncustodial sentence.

h. Except as provided in section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of imprisonment as provided in subsection d. of this section shall not preclude the admission of a person to the Intensive Supervision Program, established pursuant to the Rules Governing the Courts of the State of New Jersey.

2C:44-2.Criteria for Imposing Fines and Restitutions

a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if:

(1) The defendant has derived a pecuniary gain from the offense or the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender;

(2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and

(3) The fine will not prevent the defendant from making restitution to the victim of the offense.

b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if:

(1) The victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and

(2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution.

c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.

(2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant’s likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant’s ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment.

d. Nonpayment. When a defendant is sentenced to pay a fine or make restitution, or both, the court shall not impose at the same time an alternative sentence to be served in the event that the fine or restitution is not paid. The response of the court to nonpayment shall be determined only after the fine or restitution has not been paid, as provided in section 2C:46-2.

e. Whenever the maximum potential fine which may be imposed on a conviction for an offense defined in the “Comprehensive Drug Reform Act of 1986,” N.J.S. 2C:35-1 et al. depends on the street value of the controlled dangerous substance or controlled substance analog involved and the court intends to impose a fine in excess of the maximum ordinary fine applicable to the offense for which defendant was convicted, and where the fine has not been agreed to pursuant to the provisions of N.J.S.2C:35-12, the court at the time of sentence shall determine the street value at the time and place of the offense based on the amount and purity of the controlled dangerous substance or controlled substance analog involved. The sentencing court’s finding as to the street value may be based on expert opinion in the form of live testimony or by affidavit, or by such other means as the court deems appropriate. The court’s finding as to street value shall not be subject to modification by an appellate court except upon a showing that the finding was totally lacking in support on the record or was arbitrary or capricious.

f. The ordering of restitution pursuant to this section shall not operate as a bar to the seeking of civil recovery by the victim based on the incident underlying the criminal conviction. Restitution ordered under this section is to be in addition to any civil remedy which a victim may possess, but any amount due the victim under any civil remedy shall be reduced by the amount ordered under this section to the extent necessary to avoid double compensation for the same loss, and the initial restitution judgment shall remain in full force and effect.

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