Wednesday, July 29, 2020

Grounds for denial of expungement relief. 2C :52-14.

Grounds for denial of expungement relief. 2C :52-14.  
A petition for expungement filed pursuant to this chapter shall be denied when:

a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.

b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. An application may be denied under this subsection only following objection of a party given notice pursuant to N.J.S.2C:52-10 and the burden of asserting such grounds shall be on the objector.

c. In connection with a petition under N.J.S.2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.

d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.

e. Except as set forth in subsection a. of section 7 of P.L.2019, c.269 (C.2C:52-5.3) concerning a "clean slate" expungement petition, the person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. This provision shall not apply:

(1) When the person is seeking the expungement of a municipal ordinance violation or,

(2) When the person is seeking the expungement of records pursuant to N.J.S.2C:52-6.

f. (Deleted by amendment, P.L.2017, c.244)

amended 2009, c.188, s.3; 2017, c.244, s.5; 2019, c.269, s.12.

Tuesday, July 28, 2020

2C:52-10.1 Future System to electronically file expungement applications

2C:52-10.1 Future System to electronically file expungement applications


2C:52-10.1 System to electronically file expungement applications
   11. a. (1) No later than twelve months after the effective date of this section, the Administrative Office of the Courts shall develop and maintain a system for petitioners to electronically file expungement applications pursuant to N.J.S.2C:52-1 et seq.  The e-filing system shall be available Statewide and include electronic filing, electronic service of process, and electronic document management.

   (2)   The system shall, in accordance with N.J.S.2C:52-10, electronically notify and serve copies of the petition and all supporting documents upon the Superintendent of State Police, the Attorney General, and each county prosecutor as described in that section.

   (3)   The system shall electronically compile a listing of all possibly relevant Judiciary records for an expungement petitioner and transmit this information to all parties served with copies of the petition and all supporting documents in accordance with paragraph (2) of this subsection.

   b.   Upon receipt of the information from the court pursuant to paragraphs (2) and (3) of subsection a. of this section, the Superintendent of State Police, the Attorney General, and the county prosecutor of any county in which the person was convicted shall, within 60 days, review and confirm, as appropriate, the information against the person's criminal history record information files and notify the court of any inaccurate or incomplete data contained in the information files, or of any other basis for ineligibility, if applicable, pursuant to N.J.S.2C:52-14.

   c.   The court shall provide copies of an expungement order to the person who is the subject of the petition and electronically transmit the order to the law enforcement and criminal justice agencies which, at the time of the hearing on the petition, possess any records specified in the order in accordance with N.J.S.2C:52-15.

   L.2019, c.269, s.11.

2C:52-10 Service of expungement petition and documents new law

2C:52-10 Service of expungement petition and documents
 a. Until the date that the e-filing system is established by the Administrative Office of the Courts pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), a copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter.

   b.   On and after the date that the e-filing system is established pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), a copy of each petition, together with a copy of all supporting documents, shall, upon their filing, be served electronically pursuant to the rules of court upon the Superintendent of State Police, the Attorney General, the county prosecutor of the county wherein the court is located, and the county prosecutor of any county in which the petitioner was convicted, using the e-filing system.

   amended 2019, c.269, s.10.

Sunday, July 19, 2020

Revised Rule 3:4-2. First Appearance After Filing Complaint; Prehearing Rights Advisement

Revised Rule 3:4-2. First Appearance After Filing Complaint; Prehearing Rights Advisement 
(a) Time of First Appearance. Following the filing of a complaint the defendant shall be brought before a judge for a first appearance as provided in this Rule. 
(1) If the defendant remains in custody and the prosecutor has not filed a motion for pretrial detention, the first appearance shall occur within 48 hours of a defendant’s commitment to the county jail, and shall be before a judge with authority to set conditions of release for the offenses charged. However, if a motion for pretrial detention is filed prior to the first appearance, the first appearance shall occur in conjunction with the pretrial detention hearing and shall be before a Superior Court judge. If the motion for pretrial detention is withdrawn prior to the first appearance, then the first appearance shall occur no later than the next business day after the withdrawal of the motion and shall be before a Superior Court judge or a judge designated by the Chief Justice. 
(2) If a defendant is released on a complaint-summons, the first appearance shall be held no more than 60 days after the issuance of the complaint- summons or the defendant's arrest. 
(b) First Appearance; Where Held. All first appearances for indictable offenses shall occur at a centralized location and before a Superior Court judge or a judge designated by the Chief Justice. If the defendant is unrepresented at the first appearance, the court is authorized to assign the Office of the Public Defender to represent the defendant for purposes of the first appearance. 
(c) Discovery. 
(1) If the prosecutor is not seeking pretrial detention, the prosecutor at or before the first appearance shall provide the defendant with a copy of any available preliminary law enforcement incident report concerning the offense and the affidavit of probable cause. 
(2) If the prosecutor is seeking pretrial detention, the prosecutor no later than 24 hours before the detention hearing shall provide the defendant with (A) the discovery referenced in subparagraph (1) above, (B) all statements or reports relating to the affidavit of probable cause, (C) all statements or reports relating to additional evidence the State relies on to establish probable cause at the hearing, (D) all statements or reports relating to the factors listed in N.J.S.A. 2A:162-18(a)(1) that the State advances at the hearing, and (E) all exculpatory evidence. 
(d) Procedure in Indictable Offenses. At the defendant's first appearance before a judge, if the defendant is charged with an indictable offense, the judge shall 
provide the following information but may omit the information in subparagraphs (1) through (5) when that information has been provided at a prehearing rights advisement conducted pursuant to paragraph (h) of this Rule: 
(1) give the defendant a copy of the complaint and inform the defendant of the charge; 
(2) inform the defendant of the right to remain silent and that any statement may be used against the defendant; 
(3) inform the defendant of the right to retain counsel and, if indigent, the right to be represented by the public defender; 
(4) ask the defendant specifically whether he or she wants counsel and record the defendant's answer on the complaint; 
(5) provide the defendant who asserts indigence with an application for public defender services, which the defendant shall complete and submit at that time for immediate processing by the court, unless the defendant affirmatively and knowingly waives the right to counsel; 
(6) inform the defendant that there is a pretrial intervention program and where and how an application to it may be made; 
(7) inform the defendant that there is a drug court program and where and how to make an application to that program; 
(8) inform the defendant of his or her right to have a hearing as to probable cause and of his or her right to indictment by the grand jury and trial by jury, and if the offense charged may be tried by the court upon waiver of indictment and trial by jury, the court shall so inform the defendant. All such waivers shall be in writing, signed by the defendant, and shall be filed and entered on the docket. If the complaint charges an indictable offense which cannot be tried by the court on waiver, it shall not ask for or accept a plea to the offense; 
(9) set conditions of pretrial release, when appropriate as provided in Rule 3:26, unless a motion for pretrial detention has been filed or granted; and, 
(10) schedule a pre-indictment disposition conference to occur no later than 45 days after the date of the first appearance. 
(e) Procedure in Non-Indictable Offenses. At the defendant's first appearance before a judge, if the defendant is charged with a non-indictable offense, the judge shall provide the following information but may omit the information in subparagraphs (1) through (4) when that information has been provided at a prehearing rights advisement conducted pursuant to paragraph (h) of this Rule: 
(1) give the defendant a copy of the complaint and inform the defendant of the charge; 
(2) inform the defendant of the right to remain silent and that any statement may be used against the defendant; 
(3) inform the defendant of the right to retain counsel and, if indigent and entitled by law to the appointment of counsel, the right to be represented by a public defender or assigned counsel; 
(4) assign counsel, if the defendant is indigent and entitled by law to the appointment of counsel, and does not affirmatively, and with understanding, waive the right to counsel; and 
(5) set conditions of pretrial release as provided in Rule 3:26 if the defendant has been committed to the county jail, unless a motion for pretrial detention has been filed or granted. 
(f) Trial of Indictable Offenses in Municipal Court. If a defendant who is charged with an indictable offense that may be tried in Municipal Court is brought before a Municipal Court, that court may try the matter provided that the defendant waives the rights to indictment and trial by jury. The waivers shall be in writing, signed by the defendant, and approved by the county prosecutor, and retained by the Municipal Court. 
(g) Waiver of First Appearance By Written Statement. Unless otherwise ordered by the court, a defendant charged on a complaint-summons (CDR-1) for an indictable offense and who is represented by an attorney and is not incarcerated may waive the first appearance by electronically filing, at or before the time fixed for the first appearance, a written statement in a form prescribed by the Administrative Director of the Courts, signed by the attorney, certifying that the defendant has: 
(1) received a copy of the complaint and has read it or the attorney has read it and explained it to the defendant; 
(2) understands the substance of the charge; 
(3) been informed of the right to remain silent and that any statement may be used against the defendant; 
(4) been informed that there is a pretrial intervention program and where and how an application to it may be made; 
(5) been informed of the right to have a hearing as to probable cause, the right to indictment by the grand jury and trial by jury, and if applicable, that the offense charged may be tried by the court upon waiver of indictment and trial by jury, if in writing and signed by the defendant; 
(6) been informed of the date of the pre-indictment disposition conference held pursuant to Rule 3:4-6, which shall occur no later than 45 days after the date of the first appearance; and 
(7) been informed that there is a drug court program and where and how to make an application to that program. 
The written statement waiving the first appearance shall be electronically filed with the court, and notification provided to the County Prosecutor or the Attorney General, if the Attorney General is the prosecuting attorney. 
(h) Prehearing Rights Advisement. If a motion for pretrial detention is filed prior to the first appearance, the defendant shall be brought before the court within 48 hours of the defendant’s confinement to the county jail for a proceeding before a Superior Court judge or a judge designated by the Chief Justice at which the court shall provide to the defendant the information set forth in paragraph (d)(1) through (5) of this Rule or, in the case of a defendant charged with a non-indictable offense, paragraph (e)(1) through (4) of this Rule and advise the defendant of the date when the pretrial detention hearing is scheduled to be held, which shall be on a date within three working days of the date of the filing of the motion for pretrial detention. 
Note: Source -- R.R. 3:2-3(b), 8:4-2 (second sentence). Amended July 7, 1971 effective September 13, 1971; amended April 1, 1974 effective immediately; text of former Rule 3:4-2 amended and redesignated paragraphs (a) and (b) and text of former Rule 3:27-1 and -2 amended and incorporated into Rule 3:4-2, July 13, 1994 to be effective January 1, 1995; paragraphs (a) and (b) amended June 28, 1996 to be effective September 1, 1996; paragraph (b) amended January 5, 1998 to be effective February 1, 1998; caption amended, paragraphs (a) and (b) deleted, new paragraphs (a), (b), (c), and (d) adopted July 5, 2000 to be effective September 5, 2000; new paragraph (e) adopted July 21, 2011 to be effective September 1, 2011; paragraph (a) amended, new paragraph (b) added, former paragraphs (b), (c), and (e) amended and redesignated as paragraphs (c), (d), and (f), and former paragraph (d) redesignated as paragraph (e) April 12, 2016 to be effective September 1, 2016; paragraphs (a) and (b) amended, subparagraph (c)(1) amended, new subparagraphs (c)(1)(A) and (c)(1)(B) adopted, subparagraphs (c)(9) and (c)(10) amended, new subparagraph (c)(11) adopted, subparagraphs (d)(3) and (d)(4) amended, and new subparagraph (d)(5) adopted August 30, 2016 to be effective January 1, 2017; paragraph (a) amended December 6, 2016 to be effective January 1, 2017; subparagraph (c)(1) amended May 10, 2017 to be effective immediately; paragraph (f) amended July 28, 2017 to be effective September 1, 2017, subparagraph (a)(1) amended, paragraph (b) amended, new paragraph (c) adopted, former paragraph (c) amended and redesignated as paragraph (d), former paragraph (d) amended and redesignated as paragraph (e), former paragraph (e) redesignated as paragraph (f), and former paragraph (f) redesignated as paragraph (g) July 27, 2018, to be effective September 1, 2018; caption amended, paragraphs (a)(1), (d), (e) amended, and new paragraph (h) adopted May 26, 2020 to be effective June 8, 2020. 

Expungement Directive Criminal/ Municipal Court Directive - Expungement Order (CN 12621) - Expungement of Arrests Not Resulting in Conviction or Adjudication of Delinquency

Criminal/ Municipal Court Directive - Expungement Order (CN 12621) Expungement of Arrests Not Resulting in Conviction or Adjudication of Delinquency (N.J.S.A. 2C:52-6) 
Court Directive June 29, 2020 
This Supplement to Directive #02-16 promulgates new procedures to expunge arrests not resulting in conviction or adjudication of delinquency and a new expungement order (CN 12621) for use in CriminalFamilyand Municipal Courts in accordance with the statutory amendments to N.J.S.A. 2C:52-6effective June 152020See 1=2019c269. 
Specifically, the court is required to order an expungement of all related records and information at the time of the dismissal, acquittal, or discharge without a conviction or adjudication of delinquency (including juvenile diversion). The defendant or juvenile is no longer required under the law to apply for an expungement of these matters. 
Accordinglythis supplement supersedes the guidance contained in section II ("Expungements of Arrests Not Resulting in Conviction (N.J.S.A. 2C:52-6)") of Directive #02-16 ("Protocol for 'Drug CourtExpungements (N.J.S.A. 2C:35-14(m)) and Arrests Not Resulting in Conviction (N.J.S.A. 2C:52-6)" (dated May 232016) and in the separate May 232016 memorandum applicable to the Municipal Courts ("Municipal Courts - Expedited Expungement of Arrest or Charge Records -Amendment to N.J.S.A. 2C:52-6 
To effectuate these statutory changesdesignated staff in Criminal, Family, and Municipal Courts will complete the attached expungement order for the judge's signature as soon as practicable after the court grants the expungement. Staff will then forward copies of the signed expungement order to the defendant (or the juvenile and the juvenile's parent/guardian)the appropriate Superior Court or Municipal Courtand the county prosecutor. The county prosecutor is responsible for forwarding the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order (N .J.S.A. 2C:52-6(a)(4)). 
An expungement will not be ordered where the dismissalacquittalor discharge resulted from a plea bargaining agreement involving the conviction of other charges (N.J.S.A. 2C:52-6(a)(3)). This bar does not apply once the conviction is itself expunged.
Upon a service member or former service member's successful participation in a Veterans Diversion Program (N.J.S.A. 2C:43-23 to -26), the court can order the expungement at the time of the dismissal of the charge(s) on the service member's request or the request of the prosecutor on the service member's behalf. If the court did not order the expungement at the time of the dismissalthe service member may subsequently apply for expungement at any time following the order of dismissal. N.J.S.A. 2C:52-6(c)(2)
Additionallythe recent statutory amendments did not change the process for charges that are dismissed in accordance with a supervisory treatment program (N.J.S.A. 2C:43-12)a conditional discharge (N.J.S.A.2C:36A-1)or a conditional dismissal (N.J.S.A.2C:43-13.1). Inthoseinstances,theindividualmustwaitsixmonthsafterentry ofthedismissalorderbeforeapplyingforanexpungement. N.J.S.A.2C:52-6(c). 
Individuals seeking an expungement of an arrest or charge not resulting in a conviction or adjudication of delinquency that was disposed of prior to June 15, 2020 may present,at any timea duly verified petition as provided in N.J.S.A. 2C:52-7, in the Superior Court in the county in which the disposition occurred
 Any such application should be assigned to the Superior Court judge designated to handle expungements
Questions regarding this Supplement to Directive # 02-16 should be directed to the Criminal Practice Division at 609-815-2900 ext. 55300the Family Practice Division at 609-815-2900 ext. 55350, or the Municipal Court Services Division at 609-815-2900 ext. 54850. 

Monday, July 13, 2020

Rule of lenity

Rule of lenity
The Rule of Lenity is an important principle of statutory construction; if a statutory ambiguity cannot be resolved by analysis of the relevant text and the use of extrinsic aids, the rule requires that the ambiguity be resolved in favor of the defendant. State v. Gelman195 N.J. 475, 482 (2008) (citing United States v. Bass,404 U.S. 336, 348, 92 S. Ct. 515, 523, 30 L. Ed.2d 488, 497 (1971)). The rule of lenity derives from the principle that “[n]o one shall be punished for a crime unless both that crime and its punishment are clearly set forth in positive law.” In re DeMarco83 N.J. 25, 36 (1980).

Thursday, July 2, 2020

2C:29-1 Obstructing administration of law or other governmental function
 NJ

  2C:29-1 Obstructing administration of law or other governmental function
     a.  A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b.An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
                         Jail 2C: 43- 8    jail  6 month maximum 
                                               probation 1-2 year                      
                                               community service  180 days maximum  
                                               mandatory costs, VCCB and other penalties
Disorderly- fines:     2C: 43- 3     $1,000 Fine  maximum        

       There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.   

Max 4th degree       0- 18 months   $10,000   1 year- 5 year

Tuesday, June 2, 2020

Sea Girt NJ ordinance 3-27 PEACE AND GOOD ORDER

 Sea Girt NJ ordinance

3-27 PEACE AND GOOD ORDER.  

3-27.1   Obstructing Public Travel.

       No person shall unnecessarily impede or obstruct public travel upon the public sidewalk or the public street. No person shall impede or obstruct public travel in the public streets of the Borough by the placing of obstructions therein. (Ord. No. 113 § 1; New)

3-27.2          Playing of Instruments Producing or Transmitting Sound.

       No person shall play or operate any radio, radio loudspeaker, radio attachment or other instrument transmitting sound, including drums, or aid, countenance, permit or assist in the playing or operation of any radio, radio loudspeaker, radio attachment or other instrument transmitting sound, including drums, within the Borough in a loud and objectionable manner which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the Borough. (Ord. No. 113 § 3; New)

3-27.3     Orchestras and Bands; Hours.

            No person shall play or conduct or permit to be played or conducted any orchestra or band within the Borough between the hours of 10:00 p.m. and 8:00 a.m. provided, however, that nothing in this section contained shall prevent the playing of any orchestra in said Borough composed entirely of stringed instruments either with or without piano, and one (1) drum and traps, but excluding cymbals and bells. (Ord. No. 113 § 4)

3-27.4     Lewdness, Immorality and Indecency; Urinating in Public.

a.    No person shall appear on any street or public place in this Borough in a state of nudity, or in any indecent or lewd dress, or cause any indecent or lewd exposure whatever, or be guilty of any lewdness or indecent act or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or thing, or shall exhibit or perform any indecent, immoral or lewd play, act or representation. 
b.    It shall be unlawful, and shall be a public nuisance, for any person to urinate or defecate in public places or streets, or on the lawn areas or yard areas of private homes and property or in the public view.
(Ord. No. 111 § 5; New)


3-27.5            Injury or Destruction of Public Property.

Friday, May 1, 2020

Sentencing Guidance During the COVID-19 Pandemic April 30, 2020

Sentencing Guidance During the COVID-19 Pandemic April 30, 2020 Directive #13-20 
[Questions or comments mabe directed to TriaCourt Services at 609- 815-2900 ext. 55202] 
TO: 
FROMSUBJ: DATE: 
Assignment Judges CriminalDivision Judges Family Division Judges Municipal CourtJudges 
Source
GLENN A. GRANT,J.A.DActing Administrative Director of the Courts 
Glenn AGrant, J.A.D. ~
SentencingGuidance During the COVID-19 Pandemic April 30, 2020 
In response to the ongoing COVID-19 public health emergency, the New Jersey Judiciary iimplementing alpossible measures to apply sociadistancing in currentcourt operations, consistent with the recommendationsof the New JerseDepartment of Health and the Centers for DiseaseControl. 
By Order dated April 202020the Supreme Court established parameters for sentencing, as follows: (Isentencing hearings may proceed using remote options (phone or video) only with the consent of all partiesand (2) courts have the authority to stay the commencement of the custodiaterm for certain sentences in Criminal, Familyand Municipal mattersThis directive implementthose provisions of the Court'April 20, 2020 Order. 
The attached guidance sets forth options judges should consider on a case-by-case basis for sentencing proceedings, includinsentences to state prisonprobationcounty jaiand 
juvenile facilities. 
Sentences in which a state prison term will be imposed can proceed (with the consent of all parties) or be adjourned at the judge's discretion. Options for sentencesother than state prison include(I) adjourning the sentence(2) ordering that the custodiaportion of a county jail sentence or a juvenile disposition to securplacement be served immediatelyor (3) ordering that the commencement of the custodial portioof a county jail sentence or a juvenile disposition to securplacement be stayed or delayed based on a weighinof factors listed in the April 20, 2020 Orderincludinriskattendant to the COVID-19 publihealth emergency. 
AN OPEN DOORTO JUSTICE
Directive 13-20 April 30, 2020 Page 
The court shall state the reasons on the record for immediately commencing or staying commencement of the county jail custodial term ocommencing or deferring juvenile dispositions to a secure placement. To determine whether to stay the commencement of a custodial term during the ongoing COVID-19 pandemic, judgesshould consider whether a stay would pose a risk to the safety of the public or the defendant or the juvenile. In that regard
judges must consider and make findings on the risk of danger to the publicthe risk of flightand the seriousness ofthe offense, amongother factors relevant to public safety.Judges should also consider the positions ofthe defendant, defense counsel, juvenile, the prosecution, and any victims. In juvenildelinquency mattersthe preferences expressed by the juvenile's parent(s) or guardian(s) also should be considered. 
Unless the court orders otherwise, or as otherwise provided by lawcertain other conditions ofthe sentence will commence upon sentencing odisposition regardless of any stay of the custodiaterm. These include, but are not limited toany monetary or court-ordered financial obligations, restitutionno-contact orders, Megan'Law registration obligations, and driver's license suspensions. 
The guidance also includes instructions for probatioofficers to participate in sentencinhearingsand to capture thdefendant's orjuvenile’s contact information (address, phone,and email address, if applicable) fopurposes of ensurinthat probation supervisionbeginpromptlyincluding if the commencement of the custodiasentence or disposition is stayed. Municipacourts likewise must provide the defendant's contact information to the Probation department. 
Thidirective provides guidance for: (Ithe Superior Court CriminaDivision(2) the Superior Court FamilPartJuvenilDelinquency (FJ Docket) and Quasi-Criminal (FO Docket); and (3) MunicipalCourt cases. Questions regarding this COVID-19 sentencing guidance should be directed as follows: to Assistant Directorfor Criminal PracticeSue Callaghan at sue.callaghan@njcourts.gov or btelephone at (609) 815-2900 ext. 55300; Assistant Director for Family Practice Joanne Dietrich at joanne.dietrich@njcourts.gov or by telephone at (609) 815- 2900 ext. 55350Assistant Director for MunicipaCourt Services Steven Somogyat steven.somogyi@njcourts.govor by telephone at (609) 815-2900 ext. 54850. 
Sentencing Guidance for Superior Court Criminal Division Judges in Response to COVID-19 
Sentencing Guidance for Criminal Part Judges in Response to COVID-19 
In response to the growing public health crisis worldwide and in this state involving 
the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible 
measures to apply social distancing in current court operations consistent with the 
recommendations of the New Jersey Department of Health ("NJ DOH") and the Centers 
11
for Disease Control ( CDC"). 
Pursuant to the April 20, 2020 Supreme Court Order, sentencing can be conducted remotely using video and/or phone options only with the consent of all parties. Accordingly, judges should consider the following when sentencing defendants remotely during this public health emergency. The guidance only applies to defendants who are awaitingsentencingfollowingaguiltypleaorjuryverdict. Itdoesnotapplytodefendants for whom the court has already imposed a sentence. 
Practical Considerations for Sentences in the Criminal Division 
.    (1)  The Presentence Investigation Report (PSI) must be completed and available for the parties in the eCourts case jacket prior to the scheduled sentencing date. Defense counsel should make arrangements to remotely review the PSI with the defendant priortosentencing. IfdefensecounseldidnotreviewthePSIwiththedefendantprior to sentencing, defense counsel shall acknowledge that on the record. The proceeding should be interrupted, and defense counsel should be given time to privately review the PSI with the defendant. Thereafter, the sentence may proceed. Defense counsel must provide to the court the defendant's telephone numbers and address, and email address, if applicable so that Probation will be able to communicate with the defendant and arrange for phone or video reporting. 
.    (2)  Pursuant to the April 20, 2020 Order, victims shall have an opportunity to participate in the sentencing hearing or to object to the scheduling or method of proceeding. In that regard, County Prosecutors and other law enforcement agencies shall, to the extent applicable, provide notice to victims of the scheduling of the sentencing hearing, including how the hearing is proposed to be conducted and whether the court willconsiderstayingthecommencementofthecustodialportion. Ifavictimorfamily member of the defendant, or other appropriate person wishes to participate/ address the court, such arrangements should be made by the prosecutor or defense counsel. The court must be advised of these arrangements in advance of the sentencing. 
(3) Defense attorneys, prior to sentencing, should review with the defendant the Notice of Appeal Rights and Time to File Post-Conviction Relief form. At sentencing, defense 
Criminal Sentencing Guidance - Issued by Directive # 13-20 (April 30, 2020) Page 1 
counsel shall represent that they have reviewed the form with the defendant, that all questions, if any, have been addressed with the defendant, and advise if the defendant has signed the form. The judge will advise the defendant of the appellate and PCR rights. See R. 3:21-4(h). If defense counsel has not been previously able to have the defendant sign the form, defense counsel on the record should elicit permission from the defendant to print the defendant's name in the defendant's signature line on the form. Defense counsel should then submit the form as soon as reasonably practical. 
Sentences in the Criminal Division (1) State Prison Sentences 
For sentences in which a state prison term will be imposed, those sentences can proceed or be adjourned at the judge's discretion. Any action by the Department of Corrections (DOC) to delay transport and commitment of prisoners to DOC facilities should not delay the sentence. 
(2) Probation Sentences 
If a probationary sentence is anticipated to be imposed and to commence immediately, Probation must be advised prior to the sentencing date. Arrangements should be made for Probation staff to be included remotely by video or conference call at the sentencing.
At sentencing, defendants must be asked whether they have provided their telephone numbers and their address, and email address, if applicable, to their attorneys. After the judge has imposed the sentence, Probation staff should advise the defendant of the reporting conditions on the record. If the defendant is seeking to leave the State, Probation staff should advise the defendant on the record, that the documents to transfer supervision under the Interstate Compact for Adult Offender Supervision (ICAOS) must be signed and provide instructions as to how this will be done. If the defendant is in the county jail, the documents to transfer supervision under the ICAOS must be signed prior to defendant's discharge from the jail. 
As noted, this Guidance applies only to defendants who are awaiting sentencing following a guilty plea or jury verdict (it does not apply to defendants for whom the court has already imposed a sentence). In all cases, however, including those in which a sentence already was imposed, every effort should be made to ensure that Probation has the defendant's telephone numbers, address, and email address. The Criminal Division should provide this information to Probation for prior cases and going forward for any case in which Probation staff are not included at the sentencing. 
Criminal Sentencing Guidance - Issued by Directive # 13-20 (April 30, 2020) Page2 
(3) Probation and County Jail Sentences 
(a) Sentences that include only a probationary term, including sentences for defendants seeking to leave the state that require transfer of supervision under the ICAOS may proceed or be adjourned at the judge's discretion. 
(b) For sentences imposed that include a county jail term of 364 days or less, as a condition of probation, judges should consider whether the commencement of the custodial portion of the sentence will be stayed. If the custodial portion is stayed, the defendant shall report to Probation as directed in the interim. 
(c) For sentences imposed of 364 days or less in a county jail, with no probation component, judges should consider whether the sentence can be adjourned to a later date. If the custodial sentence is imposed, judges should consider whether to stay the commencement of the custodial term until a later date. 
(4) Staying the Commencement of the Custodial Sentence to County Jail 
The court may stay the commencement of the custodial portion of a sentence to county jail because of risks attendant to the COVID-19 public health emergency. 
The court shall state the reasons on the record for immediately commencing or staying thestartofacustodialterm. Inthatregard,thecourtmustconsiderandmakefindings on the risk of danger to the public, the risk of flight, and the seriousness of the offense, as well as other factors relevant to public safety. The court should also consider the positions of the defendant, the prosecution, and any victims. 
(5) Other Sentencing Provisions 
Unless the court orders otherwise, or as otherwise provided by law, certain other conditions of the sentence, including but not limited to any monetary or court-ordered financial obligations, restitution, no-contact orders, Megan's Law registration obligations, and driver's license suspensions will commence upon sentencing regardless of whether a stay of the custodial term is ordered. 
Criminal Sentencing Guidance - Issued by Directive # 13-20 (April 30, 2020) Page 3 
Sentencing Guidelines/Protocol
(FO and FJ Dockets) for Family Part Judges in Response to COVID-19 
Sentencing Guidelines/Protocol (FO and FJ Dockets) for Family Part Judges in Response to COVID-19 
In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations consistent with the recommendations of the New Jersey Department of Health ("NJ DOH") and the Centers for Disease Control ("CDC"). 
Pursuant to the April 20, 2020 Supreme Court Order, sentencing can be conducted remotely using video and/or phone options only with the consent of all parties. Accordingly, judges should consider the following when sentencing defendants remotely duringthispublichealthemergency. Theguidanceonlyappliestodefendantsorjuveniles who are awaiting sentencing following a guilty plea, judicial finding of guilt, or adjudication of delinquency. It does not apply to defendants or juveniles for whom the court has already imposed a sentence. 
I. Practical Considerations for Sentences in the Family Division Quasi- Criminal Matters CFO Docket) 
(1) Pursuant to the April 20, 2020 Order, victims shall have an opportunity to participate in the sentencing hearing or to object to the scheduling or method of proceeding. In that regard, County Prosecutors and other law enforcement agencies shall, to the extent applicable, provide notice to victims of the scheduling of the sentencing hearing, including how the hearing is proposed to be conducted and whether the court willconsiderstayingthecommencementofthecustodialportion. Ifavictimorfamily member of the defendant, or other appropriate person wishes to participate/address the court at sentence, such arrangements should be made by the prosecutor or defense counsel. The court must be advised of these arrangements in advance of the sentencing. 
(2) Defense attorneys, prior to sentencing, should review with the defendant the Notice of Appeal Rights form. At sentencing, defense counsel shall represent that they have reviewed the form with the defendant, that all questions, if any, have been addressed with the defendant, and advise if the defendant has signed the form. The judge will advise the defendant of their appellate rights. If defense counsel has not been previously able to have the defendant sign the form, defense counsel on the record should elicit permission from the defendant to print the defendant's name on the form where the signature would ordinarily be. Defense counsel should then submit the signed form as soon as reasonably practical. 
Family Sentencing Guidance - Issued by Directive # 13-20 (April 30, 2020) Page 1 
Sentences in the Family Division FO Docket (1) Probation Sentences 
(a) Sentences that include only a probationary term, including sentences for defendants seeking to leave the state that require transfer of supervision under the ICAOS may proceed or be adjourned at the judge's discretion. 
(b) If a probationary sentence is anticipated to be imposed and to commence immediately, Probation must be advised prior to the sentencing date.Arrangements should be made for Probation staff to be included remotely by video or conference call at the sentencing. 
(c) At sentencing, defendants must be asked to provide the court with their telephone numbers and their address, and email address if applicable. After the judge has imposed the sentence, probation staff should advise the defendant of the reporting conditions on the record. If the defendant is seeking to leave the state, Probation should advise the defendant on the record, that the documents to transfer supervision under the ICAOS must be signed and provide instructions as to how this will be done. If the defendant is in the county jail, the documents to transfer supervision under the ICAOS must be signed prior to defendant's discharge from the jail. 
(2) Probation and County Jail Sentences 
For sentences imposed that include a county jail term of 180 days or less, with a condition of probation, judges should consider whether the commencement of the custodialportionofthesentencewillbestayed. Ifthecommencementofthecustodial portion is stayed, the defendant shall report to Probation as directed in the interim. 
(3) County Jail Sentences 
For sentences imposed of 180 days or less in a county jail, with no probation component, judges should consider whether the sentence can be adjourned to a later 
As noted, this Guidance applies only to defendants who are awaiting sentencing following a guilty plea or jury verdict (it does not apply to defendants for whom the court has already imposed a sentence). In all cases, however, including those in which a sentence already was imposed, every effort should be made to ensure that Probation has the defendant's telephone numbers, address, and email address. The Family Division should provide this information to Probation for prior cases and going forward for any case in which Probation staff are not included at the sentencing. 
Family Sentencing Guidance - Issued by Directive # 13-20 (April 30, 2020) Page2
date. If the custodial sentence is imposed, judges should consider whether to stay the commencement of the custodial term until a later date. 
(4) Staying the Commencement of the Sentence FO Docket
The court may stay the commencement of the custodial portion of a sentence to 
county jail because of risks attendant to the COVID-19 public health emergency. 
The court shall state the reasons on the record for immediately commencing or staying the start of a custodial term. In that regard, the court must consider and findings on the risk of danger to the public, the risk of flight, and the seriousness of the offense, as well as other factors relevant to public safety. In FO matters, the court should explicitly address victim safety in deciding whether to stay the commencement of a custodial term. The court should also consider the positions of the defendant, the prosecution, and any victims.
(5) Other Sentencing Provisions FO Docket 
II. 
Unless the court orders otherwise, or as otherwise provided by law, certain other conditions of the sentence, including but not limited to any monetary or court-ordered financial obligations, restitution, and no-contact orders, will commence upon sentencing regardless of whether a stay of the custodial term is ordered. 
Practical Considerations for Dispositions in the Family Division Juvenile Delinquency Matters {FJ Docket) 
(1) If ordered by the court, the Predisposition Report (PDR) or its functional equivalent must be completed and available to the parties prior to the scheduled disposition date. Defense counsel should make arrangements to remotely review the PDR with the juvenile prior to disposition. If defense counsel did not review the PDR with the 
juvenile prior to disposition, defense counsel shall acknowledge that on the record. The proceeding should be interrupted, and defense counsel should be given time to privately review the PDR with the juvenile. Thereafter, the disposition may proceed. At disposition, juveniles must be asked to provide the court with their telephone numbers and their address, and email address if applicable. Parents/guardians also must provide their contact information to the court, including telephone numbers, addresses, and email addresses if applicable. This information will be necessary for 
Family Sentencing Guidance - Issued by Directive# 13-20 (April 30, 2020) Page3
Probation to be able to communicate with the juvenile, and to arrange for phone or video reporting.
(2) Pursuant to the April 20, 2020 Order, victims shall have an opportunity to participate in the disposition hearing or to object to the scheduling or method of proceeding. If a victim or family member of the juvenile, or other appropriate person wishes to participate/address the court at disposition, such arrangements should be made by the prosecutor or defense counsel. The court must be advised of these arrangements in advance of the disposition date. 
(3) Defense attorneys, prior to disposition, should review with the juvenile the Notice of Appeal Rights form. At adjudication, defense counsel shall represent that they have reviewed the form with the juvenile, that all questions, if any, have been addressed withthejuvenile,andadviseifthejuvenilehassignedtheform. Thejudgewilladvise the juvenile of: (a) the appellate rights pursuant to Administrative Directive #01-09; (b) the court's authority to retain jurisdiction pursuant to R. 5:24-5; and (c) the court's authority to modify an order of disposition or entertain a post-disposition relief application pursuant to R. 5:24-6. If defense counsel has not been previously able to have juvenile sign the form, defense counsel on the record should elicit permission from the juvenile to print the juvenile's name on the form where the signature would ordinarily be. Defense counsel should then submit the signed form as soon as reasonably practical. 
Dispositions in the Family Division FJ Docket (1) Juvenile Justice Commission Commitments 
For dispositions in which a Juvenile Justice Commission (JJC) commitment term will be imposed, those dispositions can proceed or be adjourned at the judge's discretion. Any action by the JJC to delay transport and commitment of juveniles to JJC facilities should not delay the disposition. 
As noted, this Guidance applies only to juveniles who are awaiting disposition to a secure facility. In all cases, however, including those in which a disposition already was imposed, every effort should be made to ensure that Probation has the juvenile's telephone numbers, address, and email address. The Family Division should provide this information to Probation for prior cases and going forward for any case in which Probation staff are not included at the sentencing. 
Family Sentencing Guidance - Issued by Directive# 13-20 (April 30, 2020) Page4 
(2) Probation Dispositions 
(3) 
(a) Dispositions that include only a probationary term or dispositions for juveniles seeking to leave the state that require transfer of supervision under the Interstate Compact on Juveniles (ICJ) may proceed or be adjourned at the judge's discretion. 
(b) If a probationary disposition is anticipated to be imposed and to commence immediately, Probation must be advised prior to the disposition date. Arrangements should be made for Probation staff to be included remotely by video or conference call at the disposition. 
(c) At disposition, juveniles must be asked whether they have provided their telephone numbers and their address, and email address, if applicable, to their attorneys. Parents/guardians also must provide their contact information to the court, including telephone numbers, addresses, and email addresses if applicable. After disposition, Probation staff should advise the juvenile of the reporting conditions on the record. If the juvenile is seeking to leave the state, Probation should advise the juvenile on the record, that the documents to transfer supervision under the ICJ must be signed and provide instructions as to how this will be done. If the juvenile is in a secure facility, the documents to transfer supervision under the ICJ must be signed prior to the juvenile's release from the secure facility. 
Probation and Secure Facility Dispositions 
For dispositions imposed that include a secured placement term of 60 days or less, with a condition of probation, judges should consider whether the commencement of the custodial portion of the disposition will be deferred. If the commencement of the custodial portion is deferred, the juvenile shall report to probation as directed in the interim. 
(4) Secure Facility Dispositions 
For dispositions imposed that include a secured placement term of 60 days or less, with no probation component, judges should consider whether the disposition can be adjourned to a later date. If the custodial disposition is imposed, judges should consider whether to stay the commencement of the custodial term until a later date. 
(5) Pending Placement Dispositions 
For dispositions imposed that include non-secure placement, judges should consider any other alternatives until non-secure placement is available. If there is a probation component, the juvenile shall report as directed to probation in the interim. 
Family Sentencing Guidance - Issued by Directive# 13-20 (April 30, 2020) Pages
(6) Deferring Disposition FJ Docket 
The court may defer the commencement of the custodial portion of a sentence to a secure placement because of risks attendant to the COVID-19 public health emergency. 
The court shall state the reasons on the record for immediately commencing or deferring the start of a custodial term. In that regard, the court must consider and make findings on the risk of danger to the public, the risk of flight, the seriousness of theoffense,andotherfactorsrelevanttopublicsafety. Thecourtshouldalsoconsider the positions of the juvenile, the juvenile's parent(s)/guardian(s), the prosecution, and any victims. 
(7) Other Disposition Provisions FJ Docket 
Unless the court orders otherwise, or as otherwise provided by law, certain other conditions of the sentence, including but not limited to any monetary or court-ordered financial obligations, restitution, no-contact orders, Megan's Law registration obligations, and driver's license suspensions will commence upon sentencing regardless of whether a deferral of the custodial term is ordered. 
Family Sentencing Guidance - Issued by Directive# 13-20 (April 30, 2020) Page6 
Sentencing Guidelines for Municipal Court Judges in Response to COVID-19 
Sentencing Guidelines for Municipal Court Judges in Response to COVID-19 
In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations consistent with the recommendations of the New Jersey Department of Health and the Centers for Disease Control. 
Accordingly, judges should consider the following when sentencing defendants during this public health emergency. Please note that pursuant to the April 20, 2020 Supreme Court Order, sentencing can be conducted remotely using video and/or phone options only with the consent of all parties. The guidance set forth below only applies to defendants who are awaiting sentencing following a guilty plea or finding of guilt by a judge. It does not apply to defendants for whom the court has already imposed a sentence. 
Sentences in the Municipal Courts 
(1) Victim Notification Regarding Sentencing 
Pursuant to the April 20, 2020 Order, victims shall have an opportunity to participate in the sentencing aspect of the municipal court proceeding or to object to the scheduling or method of the sentencing proceeding. In that regard, Municipal Prosecutors and other law enforcement agencies shall, to the extent applicable, provide notice to victims of the scheduling of the sentencing aspect of the municipal proceeding, including how the sentencing is proposed to be conducted and whether the court will consider staying the commencementofthecustodialportion. Ifavictimorfamilymemberofthedefendant,or other appropriate person wishes to participate/address the court, such arrangements should be made by the prosecutor or defense counsel. The court must be advised of these arrangements in advance of the sentencing. 
(2) Discretionary Sentences to County Jail 
For municipal charges where incarceration is discretionary - judges should consider whether other appropriate and legally authorized penalties other than incarceration may be imposed. 
(3) Probation Sentences 
(a) Sentences that involve only a probationary term may be stayed at the judge's discretion. 
Municipal Sentencing Guidance -- Issued by Directive # 13-20 (April 30, 2020) Page 1 
(b) On a practical basis, in matters in which probation is imposed, the municipal court must ensure that: 
i.  The defendant receives the sentencing order. 

ii. The municipal court staff collects the defendant's contact information (address, phone, email) and provides it to the Probation Division. 

iii.           The defendant is advised by the municipal court to update Probation when there is any change to defendant's contact information. 

iv.          If for any reason a defendant's contact information (address, phone, email) is not collected at the sentencing hearing and the defendant was on pretrial monitoring, the Pretrial Services Unit will share the defendant's contact information with the probation officer. 

(4) County Jail Sentences 
For sentences that include a term of incarceration, judges should consider whether to stay commencement of the custodial portion of a sentence term until a later date. 
(5) Staying the Custodial Sentence to County Jail 
The court may stay the commencement of a custodial portion of a sentence based on risks attendant to the COVID-19 public health emergency. 
To determine whether to stay the commencement of a custodial term because of the ongoing public health emergency, judges should consider whether a stay would pose a risk to the safety of the public or the defendant. In that regard, judges must consider and make findings on the risk of danger to the public, the risk of flight and the seriousness of the offense, among other factors relevant to public safety. Judges should also consider the positions of the defendant, the prosecution, and any victims. The court shall state the reasons on the record for immediately commencing the custodial term or for staying commencement of the custodial term. 
It is longstanding policy that a municipal court judge must set forth in the record the reason for any stay in the commencement of a term of incarceration when sentencing a defendant convicted of a third time Driving While Intoxicated (DWI) charge (N.J.S.A. 39:4-50(a)(3)). See October 25, 2006 Memorandum from Judge Philip Carchman, "Sentencing of Third or Subsequent DWI Offenders-State v. Luthe and 'Michael's Law."' , p. 1 (The Legislature's stated purpose in enacting 'Michael's Law' was to "keep third-time DWI Municipal Sentencing Guidance -- Issued by Directive # 13-20 (April 30, 2020) 
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