Monday, August 17, 2009

3:21-10. Reduction or Change of Sentence

3:21-10. Reduction or Change of Sentence
(a) . . . no change.
(b) Exceptions. A motion may be filed and an order may be entered at any time
(1) changing a custodial sentence to permit entry of the defendant into a custodial or
non-custodial treatment or rehabilitation program for drug or alcohol abuse, or (2)
amending a custodial sentence to permit the release of a defendant because of illness
or infirmity of the defendant, or (3) changing a sentence for good cause shown upon the
joint application of the defendant and prosecuting attorney, or (4) changing a sentence
as authorized by the Code of Criminal Justice, or (5) correcting a sentence not
authorized by law including the Code of Criminal Justice, or (6) [(5)] changing a
custodial sentence to permit entry into the Intensive Supervision Program, or (7) [(6)]
changing or reducing a sentence when a prior conviction has been reversed on appeal
or vacated by collateral attack.
(c) Procedure. A motion filed pursuant to paragraph (b) hereof shall be
accompanied by supporting affidavits and such other documents and papers as set
forth the basis for the relief sought. A hearing need not be conducted on a motion filed
under paragraph (b) hereof unless the court, after review of the material submitted with
the motion papers, concludes that a hearing is required in the interest of justice. All
changes of sentence shall be made in open court upon notice to the defendant and the
prosecutor. An appropriate order setting forth the revised sentence and specifying the
change made and the reasons therefor shall be entered on the record. On any motion
filed pursuant to this rule, upon a showing of good cause, the court may assign the
Office of the Public Defender to represent the defendant.
(d) . . . no change.

(e) . . . no change.