| Sentencing
by the Judge after conviction for a criminal offense: 2C:43-1. Degrees
of crimes 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.
Amended by L. 1979, c. 178, s. 81; 1987, c. 106, s. 8.
2C:43-2 Sentence in accordance with code; authorized dispositions.
2C:43-2. Sentence 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:
(1) 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
(2) 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
(3) 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
(4) To pay a fine, make restitution and probation, or fine, restitution
and imprisonment; or
(5) To release under supervision in the community or to require
the performance of community-related service; or
(6) To a halfway house or other residential facility in the community,
including agencies which are not operated by the Department of Human
Services; or
(7) To imprisonment at night or on weekends with liberty to work
or to participate in training or educational programs.
c. 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.
d. 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.
e. 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.
f. The court shall explain the parole laws as they apply to the
sentence and shall state:
(1) the approximate period of time in years and months the defendant
will serve in custody before parole eligibility;
(2) the jail credits or the amount of time the defendant has already
served;
(3) that the defendant may be entitled to good time and work credits;
and
(4) that the defendant may be eligible for participation in the
Intensive Supervision Program.
Amended 197,c.178,s.82; 1981,c.269,s.2; 1983,c.124,s.1; 1987,c.106,s.9;
1994,c.155; 1997,c.253,s.1.
2C:43-2.1. Motor vehicle theft or unlawful taking; restitution
A person who is convicted of an offense involving the theft or unlawful
taking of a motor vehicle, in addition to any other fine, penalty,
or restitution which may be imposed by law, is liable to the owner
of the motor vehicle for any reasonable and necessary expense incurred
by the owner in recovering the motor vehicle and for any damage
to the motor vehicle prior to its recovery by the owner. In the
sentencing proceedings on the offense, the owner may submit evidence
of expenses incurred and damages sustained. The court shall make
a finding of the amount of expenses incurred and damages sustained,
and if the record does not contain sufficient evidence to support
such a finding, the court may conduct a hearing upon the issue.
The court shall order the person convicted of the offense to make
restitution to the owner in the amount of the expenses and damages
found by the court. The court shall file a copy of the order with
the clerk of the Superior Court who shall enter upon his record
of docketed judgments the name of the convicted person as judgment
debtor, and of the owner as judgment creditor, a statement that
the restitution is ordered under this section, the amount of the
restitution, and the date of the order. This entry shall have the
same force as a judgment docketed in the Superior Court.
L.1983, c. 411, s. 1, eff. Jan. 4, 1984. 2C:43-3 Fines and restitution's
2C:43-3. Fines 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.
Amended 1979, c.178, s.83; 1981, c.290, s.37; 1987, c.76, s.34;
1987, c.106, s.10; 1991, c.329, s.2; 1995, c.20, s.6; 1995, c.417,
s.2; 1997, c.181, s.12.
2C:43-3.1. Victim, witness, criminal disposition, and collection
funds
2. a. (1) In addition to any disposition made pursuant to the provisions
of N.J.S.2C:43-2, any person convicted of a crime of violence, theft
of an automobile pursuant to N.J.S.2C:20-2, eluding a law enforcement
officer pursuant to subsection b. of N.J.S.2C:29-2 or unlawful taking
of a motor vehicle pursuant to subsection b., c. or d. of N.J.S.2C:20-10
shall be assessed at least $100.00, but not to exceed $10,000.00
for each such crime for which he was convicted which resulted in
the injury or death of another person. In imposing this assessment,
the court shall consider factors such as the severity of the crime,
the defendant's criminal record, defendant's ability to pay and
the economic impact of the assessment on the defendant's dependents.
(2) (a) In addition to any other disposition made pursuant to the
provisions of N.J.S.2C:43-2 or any other statute imposing sentences
for crimes, any person convicted of any disorderly persons offense,
any petty disorderly persons offense, or any crime not resulting
in the injury or death of any other person shall be assessed $50.00
for each such offense or crime for which he was convicted.
(b) In addition to any other disposition made pursuant to the provisions
of section 24 of P.L.1982, c.77 (C.2A:4A-43) or any other statute
indicating the dispositions that can be ordered for adjudications
of delinquency, any juvenile adjudicated delinquent, according to
the definition of "delinquency" established in section
4 of P.L.1982, c.77 (C.2A:4A-23), shall be assessed at least $30.00
for each such adjudication, but not to exceed the amount which could
be assessed pursuant to paragraph (1) or paragraph (2) (a) of subsection
a. of this section if the offense was committed by an adult.
(c) In addition to any other assessment imposed pursuant to the
provisions of R.S.39:4-50, the provisions of section 12 of P.L.1990,
c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L.1990,
c.103 (C.39:3-10.13), the provisions of section 19 of P.L.1954,
c.236 (C.12:7-34.19) or the provisions of section 3 of P.L.1952,
c.157 (C.12:7-46), any person convicted of operating a motor vehicle,
commercial motor vehicle or vessel while under the influence of
liquor or drugs shall be assessed $50.00.
(d) In addition to any term or condition that may be included in
an agreement for supervisory treatment pursuant to N.J.S.2C:43-13
or imposed as a term or condition of conditional discharge pursuant
to N.J.S.2C:36A-1, a participant in either program shall be required
to pay an assessment of $50.00.
(3) All assessments provided for in this section shall be collected
as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and the
court shall so order at the time of sentencing. When a defendant
who is sentenced to incarceration in a State correctional facility
has not, at the time of sentencing, paid an assessment for the crime
for which he is being sentenced or an assessment imposed for a previous
crime, the court shall specifically order the Department of Corrections
to collect the assessment during the period of incarceration and
to deduct the assessment from any income the inmate receives as
a result of labor performed at the institution or on any work release
program or from any personal account established in the institution
for the benefit of the inmate. All moneys collected, whether in
part or in full payment of any assessment imposed pursuant to this
section, shall be forwarded monthly by the parties responsible for
collection, together with a monthly accounting on forms prescribed
by the Victims of Crime Compensation Board pursuant to section 19
of P.L.1991, c.329 (C.52:4B-8.1), to the Victims of Crime Compensation
Board.
(4) The Victims of Crime Compensation Board shall forward monthly
all moneys received from assessments collected pursuant to this
section to the State Treasury for deposit as follows:
(a) Of moneys collected on assessments imposed pursuant to paragraph
a. (1):
(i) the first $72.00 collected for deposit in the Victims of Crime
Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition
and Revenue Collection Fund,
(iii) the next $25.00 collected for deposit in the Victim Witness
Advocacy Fund, and
(iv) moneys collected in excess of $100.00 for deposit in the Victims
of Crime Compensation Board Account;
(b) Of moneys collected on assessments imposed pursuant to paragraph
a. (2) (a), (c) or (d):
(i) the first $39.00 collected for deposit in the Victims of Crime
Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition
and Revenue Collection Fund, and
(iii) the next $8.00 collected for deposit in the Victim and Witness
Advocacy Fund;
(c) Of moneys collected on assessments imposed pursuant to paragraph
a. (2) (b):
(i) the first $17.00 for deposit in the Victims of Crime Compensation
Board Account, and
(ii) the next $3.00 collected for deposit in the Criminal Disposition
and Revenue Collection Fund, and
(iii) the next $10.00 for deposit in the Victim and Witness Advocacy
Fund, and
(iv) moneys collected in excess of $30.00 for deposit in the Victims
of Crime Compensation Board Account.
(5) The Victims of Crime Compensation Board shall provide the Attorney
General with a monthly accounting of moneys received, deposited
and identified as receivable, on forms prescribed pursuant to section
19 of P.L.1991, c.329 (C.52:4B-8.1).
(6) (a) The Victims of Crime Compensation Board Account shall be
a separate, nonlapsing, revolving account that shall be administered
by the Victims of Crime Compensation Board. All moneys deposited
in that Account shall be used in satisfying claims pursuant to the
provisions of the "Criminal Injuries Compensation Act of 1971,"
P.L.1971, c.317 (C.52:4B-1 et seq.) and for related administrative
costs.
(b) The Criminal Disposition and Revenue Collection Fund shall
be a separate, nonlapsing, revolving account that shall be administered
by the Victims of Crime Compensation Board. All moneys deposited
in that Fund shall be used as provided in section 19 of P.L.1991,
c.329 (C.52:4B-8.1).
(c) The Victim and Witness Advocacy Fund shall be a separate, nonlapsing,
revolving fund and shall be administered by the Division of Criminal
Justice, Department of Law and Public Safety and all moneys deposited
in that Fund pursuant to this section shall be used for the benefit
of victims and witnesses of crime as provided in section 20 of P.L.1991,
c.329 (C.52:4B-43.1) and for related administrative costs.
b. (Deleted by amendment, P.L.1991, c.329).
c. (Deleted by amendment, P.L.1991, c.329).
d. (Deleted by amendment, P.L.1991, c.329).
L.1979,c.396,s.2; amended 1982,c.164,s.1; 1985,c.251,s.1; 1985,c.406;
1987,c.106,s.11; 1990,c.64,s.1; 1991,c.329,s.3; 1995,c.135,s.1.
2C:43-3.2. Assessments for Safe Neighborhoods Services 11. a. (1)
In addition to any other fine, fee or assessment imposed, any person
convicted of a crime, disorderly or petty disorderly persons offense
or violation of R.S.39:4-50 shall be assessed $75 for each conviction.
(2) In addition to any term or condition that may be included in
an agreement for supervisory treatment pursuant to N.J.S.2C:43-13
or imposed as a term or condition of conditional discharge pursuant
to section 3 of P.L.1987, c.106 (C.2C:36A-1), a participant in either
program shall be required to pay an assessment of $75.
b. All assessments provided for in this section shall be collected
as provided for collection of fines and restitution's in section
3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department
of the Treasury as provided in subsection c. of this section.
c. All money collected pursuant to this section shall be forwarded
to the Department of the Treasury to be deposited into the Safe
Neighborhoods Services Fund created by section 5 of this act.
L.1993,c.220,s.11.
2C:43-3.3.Additional penalties for persons convicted of crime deposited
in "Law Enforcement Officers Training and Equipment Fund"
9. a. In addition to any disposition made pursuant to the provisions
of Title 2C of the New Jersey Statutes, any person convicted of
a crime shall be assessed a penalty of $30.
b. In addition to any other disposition made pursuant to the provisions
of section 24 of P.L.1982, c.77 (C.2A:4A-43) or any other statute
indicating the dispositions that may be ordered for adjudications
of delinquency, a juvenile adjudicated delinquent for an offense
which if committed by an adult would be a crime shall be assessed
a penalty of $15.
c. The penalties assessed under subsections a. and b. of this section
shall be collected as provided for the collection of fines and restitution
in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the
State Treasury for deposit in a separate account to be known as
the "Law Enforcement Officers Training and Equipment Fund."
The penalty assessed in this section shall be collected only after
a penalty assessed in section 2 of P.L.1979, c.396 (C.2C:43-3.1)
and any restitution ordered is collected.
The fund shall be used to support the development and provision
of basic and in-service training courses for law enforcement officers
by police training schools approved pursuant to P.L.1961, c.56 (C.52:17B-66
et seq.). In addition, the fund shall also be used to enable police
training schools to purchase equipment needed for the training of
law enforcement officers. Distributions from the fund shall only
be made directly to such approved schools.
d. The Police Training Commission in the Department of Law and
Public Safety shall be responsible for the administration and distribution
of the fund pursuant to its authority under section 6 of P.L.1961,
c.56 (C.52:17B-71).
e. An adult prisoner of a State correctional institution who does
not pay the penalty imposed pursuant to this section shall have
the penalty deducted from any income the inmate receives as a result
of labor performed at the institution or any type of work release
program. If any person, including an inmate, fails to pay the penalty
imposed pursuant to this section, the court may order the suspension
of the person's driver's license or nonresident reciprocity privilege,
or prohibit the person from receiving or obtaining a license until
the assessment is paid. The court shall notify the Director of the
Division of Motor Vehicles of such an action. Prior to any action
being taken pursuant to this subsection, the person shall be given
notice and a hearing before the court to contest the charge of the
failure to pay the assessment.
L.1996,c.115,s.9.
2C:43-3.4 Restitution for extradition costs.
4. In addition to any fine or restitution authorized by N.J.S.2C:43-3,
the court may sentence a defendant to make restitution for costs
incurred by any law enforcement entity in extraditing the defendant
from another jurisdiction if the court finds that, at the time of
the extradition, the defendant was located in the other jurisdiction
in order to avoid prosecution for a crime committed in this State
or service of a criminal sentence imposed by a court of this State.
L.1997,c.253,s.4. 2C:43-3.5 Additional penalty for certain offenses.
1. a. In addition to any term or condition that may be included
in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13
or imposed as a term or condition of conditional discharge pursuant
to N.J.S.2C:36A-1 for a violation of any offense defined in chapter
35 or 36 of Title 2C of the New Jersey Statutes, each participant
shall be assessed a penalty of $50 for each adjudication or conviction.
b.All penalties provided by this section shall be collected as
provided for collection of fines and restitution's in section 3
of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department
of the Treasury as provided in subsection c. of this section.
c.All monies collected pursuant to this section shall be forwarded
to the Department of the Treasury to be deposited in the "
Drug Abuse Education Fund" established pursuant to section
1 of P.L.1999, c.12 (C.54A:9-25.12).
d.Monies in the fund shall be appropriated by the Legislature on
an annual basis in the manner and for the purposes prescribed by
section 2 of P.L.1999, c.12 (C.54A:9-25.13).
L.1999,c.295,s.1.
2C:43-3.6 Additional penalty for sex offense for deposit in Sexual
Assault Nurse Examiner Program Fund.
11. a. In addition to any fine, fee, assessment or penalty authorized
under the provisions of Title 2C of the New Jersey Statutes, a person
convicted of a sex offense, as defined in section 2 of P.L.1994,
c. 133 (C.2C:7-2), shall be assessed a penalty of $800 for each
such offense.
b.All penalties provided for in this section, collected as provided
for the collection of fines and restitution's in section 3 of P.L.1979,
c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury
to be deposited in the "Statewide Sexual Assault Nurse Examiner
Program Fund" established pursuant to section 12 of P.L.2001,
c.81 (C.52:4B-59).
L.2001,c.81,s.11.
2C:43-4. Penalties Against Corporations; Forfeiture of Corporate
Charter or Revocation of Certificate Authorizing Foreign Corporation
to do Business in the State a. The court may suspend the imposition
of sentence of a corporation which has been convicted of an offense
or may sentence it to pay a fine of up to three times the fine provided
for in N.J.S.2C:43-3 in addition to any restitution required by
N.J.S.2C:44-2.
b. When a corporation is convicted of an offense or a high managerial
agent of a corporation, as defined in N.J.S.2C:2-7 is convicted
of an offense committed in conducting the affairs of the corporation,
the court may request the Attorney General to institute appropriate
proceedings to dissolve the corporation, forfeit its charter, revoke
any franchises held by it, or to revoke the certificate authorizing
the corporation to conduct business in this State.
Amended 1991,c.329,s.4.
2C:43-5. Young adult offenders Any person who, at the time of sentencing,
is less than 26 years of age and who has been convicted of a crime
may be sentenced to an indeterminate term at the Youth Correctional
Institution Complex, in accordance with R.S. 30:4-146 et seq., in
the case of men, and to the Correctional Institution for Women,
in accordance with R.S. 30:4-153 et seq., in the case of women,
instead of the sentences otherwise authorized by the code. This
section shall not apply to any person less than 26 years of age
at the time of sentencing who qualifies for a mandatory minimum
term of imprisonment without eligibility for parole, pursuant to
subsection c. of N.J.S. 2C:43-6; however, notwithstanding the provisions
of subsection c. of N.J.S. 2C:43-6, the mandatory minimum term may
be served at the Youth Correctional Institution Complex or the Correctional
Institution for Women.
L.1978, c. 95, s. 2C:43-5, eff. Sept. 1, 1979. Amended by L.1979,
c. 178, s. 84, eff. Sept. 1, 1979; L.1983, c. 92, s. 1, eff. March
11, 1983.
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:43-7 Sentence of imprisonment for crime;
extended terms.
2C:43-7. Sentence 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.and
2C:44-3d.for a term of five years, and in the case of a crime of
the fourth degree pursuant to 2C:43-6f. and 2C:43-6g. 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.
Amended 1979, c.178, s.86; 1981, c.31, s.2; 1982, c.111, s.2; 1986,
c.172, s.3; 1987, c.106, s.13; 1988, c.44, s.14; 1990, c.32, s.7;
1990, c.87, s.3; 1994, c.127, s.1; 1994, c.130, s.3; 1995, c.126,
s.3; 1997, c.410, s.2; 2001, c.443, s.6.
2C:43-7.1. Life imprisonment without parole; extended term for
repeat violent offenders 2. a. Life Imprisonment Without Parole.
A person convicted of a crime under any of the following: N.J.S.2C:11-3;
subsection a. of N.J.S.2C:11-4; a crime of the first degree under
N.J.S.2C:13-1, paragraphs (3) through (6) of subsection a. of N.J.S.2C:14-2;
N.J.S.2C:15-1; or section 1 of P.L.1993, c.221 (C.2C:15-2), who
has on two or more prior and separate occasions been convicted of
a crime under any of the foregoing sections or under any similar
statute of the United States, this State, or any other state for
a crime that is substantially equivalent to a crime under any of
the foregoing sections, shall be sentenced to a term of life imprisonment
by the court, with no eligibility for parole.
b. Extended Term for Repeat Violent Offenders. A person shall be
sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7
if:
(1) The person is convicted of any of the following crimes: a crime
of the second degree under N.J.S.2C:11-4; a crime of the second
or third degree under subsection b. of N.J.S.2C:12-1; a crime of
the second degree under N.J.S.2C:13-1; a crime under N.J.S.2C:14-3
for aggravated criminal sexual contact under any of the circumstances
set forth in paragraphs (3) through (6) of subsection a. of N.J.S.2C:14-2;
a crime of the second degree under N.J.S.2C:15-1; a crime of the
second degree under N.J.S.2C:18-2; or a crime of the second degree
under N.J.S.2C:39-4 for possession of a weapon with the purpose
of using it unlawfully against the person of another, and the person
has on two or more prior and separate occasions been convicted of
any of the foregoing crimes or any of the crimes enumerated in subsection
a. of this section or under any similar statute of the United States,
this State, or any other state for a crime that is substantially
equivalent to a crime enumerated in this subsection or in subsection
a. of this section; or
(2) The person is convicted of a crime enumerated in subsection
a. of this section, does not have two or more prior convictions
that require sentencing under subsection a. and has two or more
prior convictions that would require sentencing under paragraph
(1) of this subsection if the person had been convicted of a crime
enumerated in paragraph (1).
c. The provisions of this section shall not apply unless the prior
convictions are for crimes committed on separate occasions and unless
the crime for which the defendant is being sentenced was committed
either within 10 years of the date of the defendant's last release
from confinement for commission of any crime or within 10 years
of the date of the commission of the most recent of the crimes for
which the defendant has a prior conviction.
d. The court shall not impose a sentence of imprisonment pursuant
to this section, unless the ground therefor has been established
at a hearing after the conviction of the defendant and on written
notice to the defendant of the ground proposed. The defendant shall
have the right to hear and controvert the evidence against him and
to offer evidence upon the issue. Prior convictions shall be defined
and proven in accordance with N.J.S.2C:44-4.
e. For purposes of this section, a term of life shall mean the
natural life of a person sentenced pursuant to this section. Except
that a defendant who is at least 70 years of age and who has served
at least 35 years in prison pursuant to a sentence imposed under
this section shall be released on parole if the full Parole Board
determines that the defendant is not a danger to the safety of any
other person or the community.
L.1995,c.126,s.2. 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 term which shall be fixed by the court and shall not
exceed 6 months in the case of a disorderly persons offense or 30
days in the case of a petty disorderly persons offense.
L.1978, c. 95, s. 2C:43-8, eff. Sept. 1, 1979. 2C:43-9. Release
of all offenders; length of recommitment and reparole after revocation
of parole Release of offenders on parole, recommitment and reparole
after revocation shall be governed by the "Parole Act of 1979,"
P.L.1979, c. 441 (C. 30:4-123.45 et seq.).
L.1978, c. 95, s. 2C:43-9, eff. Sept. 1, 1979. Amended by L.1979,
c. 178, s. 86A, eff. Sept. 1, 1979; L.1981, c. 290, s. 39, eff.
Sept. 24, 1981.
2C:43-10. Place of imprisonment; beginning sentences; transfers
a. Sentences for terms of 1 year or longer. Except as provided in
section 2C:43-5 and in subsection b. of this section, when a person
is sentenced to imprisonment for any term of 1 year or greater,
the court shall commit him to the custody of the Commissioner of
the Department of Corrections for the term of his sentence and until
released in accordance with law.
b. County institution. In any county in which a county penitentiary
or a county workhouse is located, a person sentenced to imprisonment
for a return not exceeding 18 months may be committed to the penitentiary
or workhouse of such county.
c. Sentences for terms of less than 1 year. When a person is sentenced
to imprisonment for a term of less than 1 year, the court shall
commit him either to the common jail of the county, the county workhouse
or the county penitentiary for the term of his sentence and until
released in accordance with law. In counties of the first class
having a workhouse or penitentiary, however, no sentence exceeding
6 months shall be to the common jail of the county.
d. Aggregation of sentences when a person is sentenced to more
than one term of imprisonment, and the sentences are to be consecutive,
the terms shall be aggregated for the purpose of determining the
place of imprisonment under subsections a., b. or c. of this section.
e. Duties of sheriff and keeper on sentence to State Prison. In
all cases where the defendant, upon conviction, is sentenced by
the court to imprisonment, for any term of 1 year or greater, the
sheriff of the county or his lawful deputy shall, within 15 days
transport him to the State Prison and there deliver him into the
custody of the Commissioner of the Department of Corrections together
with a copy of the sentence of the court ordering such imprisonment
certified by the clerk of the court where the conviction was had,
a copy of the court's statement of reasons for the sentence, and
a copy of the presentence report or any presentence information
used by the judge in determining sentence.
In every case at least 48 hours, exclusive of Sundays and legal
holidays, shall elapse between the time of sentence and removal
to the State Prison.
f. Beginning sentences in county institutions. Every person sentenced
to the county workhouse or penitentiary shall be transferred to
and confined therein within 10 days after the sentence.
g. Transfer of persons sentenced to county jail, penitentiary or
workhouse from one to another thereof. Every person sentenced to
imprisonment in a county jail, penitentiary or workhouse may upon
the application of the board of chosen freeholders of such county
and by order of the Superior Court, be transferred from any one
of such county penal institutions to any other thereof. No such
transfer or retransfer shall in any way affect the term of the original
sentence of the person so transferred or retransferred.
L.1978, c. 95, s. 2C:43-10, eff. Sept. 1, 1979. Amended by L.1979,
c. 178, s. 87, eff. Sept. 1, 1979.
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