New Jersey’s Intensive Supervision Program Sentence
Being sentenced to a long term prison sentence can be an extremely devastating time for not only the individual sentenced but for their loved ones as well. Depending on the type of crime committed and the defendant’s past criminal history, they may be eligible for the Intensive Supervision Program (“ISP”). As you will see below, this program allows for certain individuals who are usually sentenced to what is known as “flat” sentence, the ability to be released from a New Jersey State Prison much earlier then expected and participate in an intensive supervision program. The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense Firm with a long track record of success. We have eight criminal defense attorneys on staff, making our firm one of the largest in the state of New Jersey let alone Bergen County. If you or someone you know has been charged with possession of cocaine, possession of marijuana with the intent to distribute, carjacking, robbery, driving while intoxicated or shoplifting in Bergen County we can help. Here is some important information with regards to the Intensive Supervision Program.
Intensive Supervision Program
A Defendant who is currently serving a custodial sentence, may make a motion to change the current custodial sentence into an admission into the Intensive Supervision Program. The determination of whether or not the Defendant has been accepted into ISP will be made by a panel of three judges. If the defendant is not disqualified by statute (see below), the panel has the sole discretion in whether or not the defendant may be admitted into ISP. In addition, their decision is final, there is no administrative or judicial review for their determination.
Who will be disqualified from participating in ISP?
Pursuant to N.J.S.A. 2C:43-11, No custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey if the inmate:
- If the Defendant seeking admission is currently serving a custodial sentence for a conviction of a first degree crime; or
- If the Defendant is serving a custodial sentence for any criminal offense where the Judge concluded that there is a “substantial likelihood” that the Defendant is involved in organized criminal activity; or
- If the Defendant is serving any statutorily mandated or discretionary imposed parole ineligibility term; or
- If the Defendant has previously been convicted of a first degree crime and the Defendant was released from custody on the first degree offense within five years of the commission of the current offense for which the Defendant is applying for intensive supervision program.
Under certain circumstances, if the Defendant was convicted of second degree crime, the Attorney General and/or County Prosecutor will have the authority to veto the defendant’s application into ISP. Meaning, that unless the Defendant is within nine months of parole eligibility and has served at least six months of their sentence, no custodial sentence for conviction of a second degree crime of may be changed into the intensive supervision program if, the County Prosecutor or Attorney General objects.
It is important to note here, that the intensive supervision program has the authority to impose more restrictive standards for admission if they see fit. In addition, if the crime committed involved a victim, that victim has the absolute right to make a written statement or to appear at the proceeding regarding the application for a change of the custodial sentence imposed into ISP.
Experienced Bergen County Criminal Defense Firm
The Law Offices of Jonathan F. Marshall has over 100 year of combined experience on staff, including over twenty-five years of prior prosecuting experience. We have the knowledge and skill set necessary to successfully protect your interests. If you or someone you know is facing charges like burglary, distributing heroin, possession of cocaine with the intent to distribute or unlawful possession of a hand gun we can help. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation with any one of our eight criminal defense attorneys on staff.