Sentencing Options
There are different options available to a judge. As
outlined in N.J.S.A. 2C:43-2(b), the judge is
allowed the following options:
To suspend the imposition of sentence;18 to order
the defendant to pay a fine or to make restitution;
to place the defendant on probation, and in the
case of a person convicted of a crime; to serve a
term of imprisonment for a term fixed by the court,
not to exceed 364 days; to be served as a condition
of probation, or in the case of a person convicted
of a disorderly persons offense; to serve a term of
imprisonment for a term fixed by the court, not to
exceed 90 days; to be served as a condition of
probation.
To order the defendant to serve a term of
imprisonment; to order the defendant to pay a fine,
to make restitution and be placed on probation, or
to pay a fine; to make restitution and serve a term
of imprisonment
To order that the defendant be released under
supervision in the community, or to require the
defendant to perform community related service;
To order that the defendant serve his or her
sentence in a halfway house or other residential
facility in the community, including agencies that
are not operated by the Department of Human
Services;
To order that the defendant serve a term of
imprisonment at night or on weekends with liberty
to work or to participate in training or educational
programs;
Instead of, or in addition to, any other disposition,
the court, may suspend the defendant's driver
license, registration, or both for up to two years.
Of course a judge may set other conditions, such
18
This sentencing option is different than a suspended sentence; an option not allowable under our criminal code.
When a judge suspends sentence, the judge renders a sentence, e.g. 6 months in the county jail, suspended.
Typically probation is ordered.
92
When a judge suspends imposition of sentence, the judge defers sentencing for a
period of time, e.g. imposition of sentence suspended for twelve months.
as special conditions of probation, e.g., defendant
to find gainful employment, to support his
dependents, etc. See N.J.S.A. 2C:45-1.
