NJSA 2C:43-11. Program of
intensive supervision, ISP eligibility
2. a. No custodial sentence imposed pursuant
to Chapters 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:
(1) Is serving a sentence for a conviction of
any crime of the first degree; or
(2) Is serving a sentence for a conviction of
any offense in which the sentencing court found that there is a substantial
likelihood that the defendant is involved in organized criminal activity
pursuant to N.J.S. 2C:44-1a(5); or
(3) Is serving any statutorily mandated parole
ineligibility, or any parole ineligibility imposed by the court pursuant to
subsection b. of N.J.S. 2C:43-6; or
(4) Has previously completed a program of
intensive supervision established pursuant to the Rules Governing the Courts of
the State of New Jersey; or
(5) Has previously been convicted of a crime
of the first degree, or of any offense in any other jurisdiction which, if
committed in New Jersey, would constitute a crime of the first degree and the
inmate was released from incarceration on the first degree offense within five
years of the commission of the offense for which the inmate is applying for
intensive supervision.
Nothing
in this subsection shall be construed to preclude the program of intensive
supervision from imposing more restrictive standards for admission.
b. Unless the inmate is within nine months of
parole eligibility and has served at least six months of the sentence, no
custodial sentence of an inmate serving a sentence for conviction of any crime
of the second degree 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, within 20 days of receipt of notice of the
inmate's application, the county prosecutor or Attorney General objects in
writing.
c. If an inmate's application for a change of
custodial sentence to permit entry into any program of intensive supervision
established pursuant to the Rules Governing the Courts of the State of New
Jersey is granted over the objection of the county prosecutor or the Attorney
General, the order shall not become final for 20 days or until reconsideration
by the Intensive Supervision Resentencing Panel in order to permit the county
prosecutor or the Attorney General to appear personally or in writing, with notice
to defense counsel, to request reconsideration of the application approval.
d. A victim of the offense for which the
inmate was sentenced shall have the right to make a written statement or to
appear at a proceeding regarding the application for a change of custodial
sentence imposed pursuant to Chapters 43, 44 or 45 of Title 2C for entry into
any program of intensive supervision established pursuant to the Rules
Governing the Courts of the State of New Jersey.
The Judiciary website
advises to be considered for entry into ISP, an inmate must have been convicted
of a non-violent offense and be sentenced to a state prison term. Those who
have been convicted of a 1st degree crime, bribery, corrupt influence, murder,
robbery, or any sexual offense are automatically denied from participating in
ISP. Those who are not committed to a state prison, have pending charges, or
have a mandatory parole ineligibility are also denied from participating in
ISP.
Those applicants with an
aggravated assault conviction are not automatically denied. Each case is
closely reviewed by the Regional Office and/or the Screening Board to determine
the eligibility of the applicant. Most second-degree offenses are eligible;
however, the Prosecutor's Office is solicited for their opinion of the
applicant. If the Prosecutor's Office objects to the applicant being released
into ISP, a "window date" is set. A "window date" is a
calculation in which the applicant must serve a minimum of six months and be
within nine months of parole before they are released into ISP. Source http://www.judiciary.state.nj.us/probsup/process.html
After receiving an application, there are four
steps that must be completed before the applicant can be released into ISP.
Step 1: The Application
The first step is completing an application consisting
of personal and criminal history identification information. The application is
kept simple so it can easily be understood by inmates with any educational
level. At this stage, an inmate must identify a Community Sponsor and
Network Team to act as his or her support system in the community.
(Note: An applicant must serve a
minimum of 60 days incarceration, before being seen by the Resentencing Panel.)
Step 2: Assessment Interview and
Report
Based on the potential living arrangement indicated on
the application, the applicant is assigned to a region. Upon receipt of the
application, the Regional Office will obtain a copy of the Judgment of
Conviction and Pre Sentence Report. After a review, the Regional Office may
send the application to the development stage or refer the case to the Screening
Board for further review. (The Screening Board may deny the case at this stage
or recommend the case proceed to the development stage.)
Once the case goes into the development stage,
it is assigned to a regional investigator. The investigator interviews the
applicant in prison or by video conferencing. During this interview,
biographical data, information on the applicant's version of the current
offense, his or her reasoning for wanting ISP, future plans/goals, and any
potential problems is collected. The investigator also collects information on
the applicant's planned living arrangements, community sponsors and /or network
team members. All information gathered by the investigator is compiled into an
Assessment Report.
Throughout the investigative process, input
from the sentencing judge(s), prosecutor(s), victim(s), pre-sentencing report
writer(s), previous probation/parole officer(s), and the Chief of Police of the
applicant's potential town of residence are solicited. The Assessment Report
and the responses received from those solicited are forwarded to the Screening
Board.
Step 3: The Screening Board
The Screening Board, which is composed of an
administrator from the Department of Corrections, an administrator from ISP and
one community member, reviews the Assessment Report and any input from those
involved with the offense. If deemed eligible, the applicant is interviewed by
the Screening Board. During this interview, the applicant's sincerity and
motivation is assessed. The Screening Board can either deny the applicant at
this stage or recommend the applicant goes before the Re-sentencing Panel.
Step 4: The Re-sentencing Panel
The Re-sentencing Panel,
which consists of three judges, makes the final decision after taking
everything into consideration. The applicant is either released for a 90-day
trial period in the program or denied and sent back to prison. Source http://www.judiciary.state.nj.us/probsup/process.html