Search Rutgers Law Library N.J. Court Opinions

16 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16corropn.opn.html -- rank: 805

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). The State maintains that the trial judges who entered ... Before defendants allegedly violated their CSL conditions, the Legislature amended N.J.S.A. 2C:43-6.4, effective July 2014 (the 2014 amended law or 2014 amendment ... CSL, which is punitive in nature, as a 'special sentence.' N.J.S.A. 2C:43-6.4(a). The purpose of CSL is to protect the public ... CSL is a component of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4, which is also a 4 A-0068-16T1 component of ... PSL for individuals convicted of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a). Ibid.; see also J.B. v. N.J. State ... shall be deemed to be a term of life imprisonment.' N.J.S.A. 2C:43-6.4(b). PSL therefore enhanced the penal exposure of certain ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	50366

17 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16.opn.html -- rank: 805

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). The State maintains that the trial judges who entered ... Before defendants allegedly violated their CSL conditions, the Legislature amended N.J.S.A. 2C:43-6.4, effective July 2014 (the 2014 amended law or 2014 amendment ... CSL, which is punitive in nature, as a 'special sentence.' N.J.S.A. 2C:43-6.4(a). The purpose of CSL is to protect the public ... CSL is a component of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4, which is also a 4 A-0068-16T1 component of ... PSL for individuals convicted of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a). Ibid.; see also J.B. v. N.J. State ... shall be deemed to be a term of life imprisonment.' N.J.S.A. 2C:43-6.4(b). PSL therefore enhanced the penal exposure of certain ...

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court:	NJ Superior Court Law/Chancery Division
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citation:
Document Size:	50359

18 STATE OF NEW JERSEY v. ATOY A. SMITH -- rank: 800

... good cause' language should be read to limit prosecution for N.J.S.A. 2C:43-6.4(d) offenses to 'serious or persistent' violations of CSL. He ... PRESENT A PRIMA FACIE CASE TO THE GRAND JURY, BECAUSE N.J.S.A. 2C:43-6.4(d) IS UNCONSTITUTIONALLY VAGUE, AND BECAUSE THE STATE'S PROSECUTION ... 10A:72-2.4 BEFORE FILING A CRIMINAL CHARGE UNDER N.J.S.A. 2C:43-6.4(D), THE STATE FAILED TO PRESENT 'SOME EVIDENCE' THAT [DEFENDANT ... indictment for abuse of discretion). B. A-1673-21 7 N.J.S.A. 2C:43-6.4(d) states in pertinent part: A person who violates a ... based treatment program. III. A. Defendant maintains his prosecution under N.J.S.A. 2C:43-6.4(d) is barred by double jeopardy, because he already was ... an integral part of a defendant's sentence' and that ' N.J.S.A. 2C:43-6.4 is punitive rather than remedial.' Defendant contends that the ...

docket:	a1673-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-03
status:	Unpublished
citation:
Document Size:	39489

19 STATE OF NEW JERSEY v. MELVIN HESTER -- rank: 798

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). The State maintains that the trial judges who entered ... Before defendants allegedly violated their CSL conditions, the Legislature amended N.J.S.A. 2C:43-6.4, effective July 2014 (the 2014 amended law or 2014 amendment ... CSL, which is punitive in nature, as a "special sentence." N.J.S.A. 2C:43-6.4(a). The purpose of CSL is to protect the public ... CSL is a component of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4, which is also a component of a series of laws ... PSL for individuals convicted of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a). Ibid. ; see also J.B. v. N.J. State ... shall be deemed to be a term of life imprisonment." N.J.S.A. 2C:43-6.4(b). PSL therefore enhanced the penal exposure of certain ...

docket:	a0068-16
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	published
citation:	449 N.J.Super. 314 157 A.3d 865
Document Size:	56026

20 K.G. v. NEW JERSEY STATE PAROLE BOARD -- rank: 790

... who are subject to parole supervision for life ('PSL') under N.J.S.A. 2C:43-6.4. Each appellant challenges certain conditions of PSL that the Board ... who have been convicted of certain sexual offenses enumerated in N.J.S.A. 2C:43-6.4(a) must serve, in addition to any existing sentence, a ... for life commencing upon the offender's release from incarceration. N.J.S.A. 2C:43-6.4(a) and (b). PSL offenders remain in the legal custody ... to conditions appropriate to protect the public and foster rehabilitation.' N.J.S.A. 2C:43-6.4(b). These conditions include general conditions that are imposed upon ... of a PSL condition 1 In 2003, the Legislature amended N.J.S.A. 2C:43-6.4 to replace all references to 'community supervision for life' with ... 16T2 6 may be prosecuted as a third-degree crime, N.J.S.A. 2C:43-6.4(d), or treated as a parole violation, N.J. ...

docket:	a0042-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-24
status:	Published
citation:	458 N.J.Super. 1 202 A.3d 636
Document Size:	93645

21 J.I. v. New Jersey State Parole Board -- rank: 788

... likelihood of recidivism and fostering public protection and rehabilitation. See N.J.S.A. 2C:43-6.4(b); N.J.S.A. 30:4-123.59(b ... that he be subject to community supervision for life. See N.J.S.A. 2C:43-6.4. The State Parole Board’s Division of Parole is responsible ... conditions appropriate to protect the public and foster rehabilitation .” N.J.S.A. 2C:43-6.4(b) (1994) (emphasis added) (amended 2003). 3 Those conditions are ... S.A. 30:4-123.59(b)(1); see also N.J.S.A. 2C:43-6.4(f)(1); N.J.A.C. 10A:71-6.4 ... S.A. 30:4-123.59(b)(2); see also N.J.S.A. 2C:43-6.4(f)(1).] 5 Subsections (b), (c), and (d) represent monitoring ... 2612(b) (Dec. 5, 2016). 3 The current version of N.J.S.A. 2C:43-6.4(b), although referring to offenders subject to parole supervision ...

docket:	a-29-15
court:	New Jersey Supreme Court
decided:	2017-03-21
status:
citation:
Document Size:	131548

22 STATE OF NEW JERSEY v. CHARLES BOND -- rank: 788

... on parole. The document stated: I understand that pursuant to N.J.S.A. 2C:43-6.4 my sentence includes a special sentence of community supervision for ... A. 2C:7-2a, and violating the conditions of CSL, N.J.S.A. 2C:43-6.4, under indictment No. 00-11-1941. Defendant pled guilty to ... charged with fourth-degree violation of CSL for such use, N.J.S.A. 2C:43-6.4, under indictment No. 01-05-0954.���� Defendant moved to dismiss that indictment, asserting that N.J.S.A. 2C:43-6.4 was unconstitutionally vague and overbroad and was a violation of ... S DISCRETION. ( N.J. Const. (1947), Art. III, par. 1). ���� N.J.S.A. 2C:43-6.4 states, in relevant part: b. The special sentence of community ... fourth degree. [(emphasis added)]. ����We address first the argument that N.J.S.A. 2C:43-6.4 is unconstitutionally vague because it fails to (1) adequately ...

docket:	a5021-01
court:	njappellate
decided:	2003-12-17
status:	published
citation:	365 N.J.Super. 430 365 N.J. Super. 430
Document Size:	31818

23 J.I. v. NEW JERSEY STATE PAROLE BOARD -- rank: 781

... as an offender subject to community supervision for life (CSL), N.J.S.A. 2C:43-6.4. 1 J.I. challenges the constitutionality of conditions of his ... to "conditions appropriate to protect the public and foster rehabilitation," N.J.S.A. 2C:43-6.4, and special conditions deemed reasonable by the Board "in order ... on the Internet. Thereafter, in December 2007, the Legislature amended N.J.S.A. 2C:43-6.4, effective February 25, 2008, to add a provision permitting the ... with the prior approval of the person's parole officer[.] [ N.J.S.A. 2C:43-6.4(f); see also L. 2007, c. 219, § 3.] The ... device on his or her computer, and disclose all passwords. N.J.S.A. 2C:43-6.4(f)(1)-(5). In October 2009, J.I. was released ... imposes on all offenders, and the computer/Internet restrictions in N.J.S.A. 2C:43-6.4(f), which the Board may impose on an offender, ...

docket:	a1293-14
court:	NJ Superior Court Appellate Division
decided:	2015-08-11
status:	published
citation:	441 N.J.Super. 564 120 A.3d 256
Document Size:	50745

24 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 778

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). Before the alleged CSL violations, the Legislature amended N.J.S.A. 2C:43-6.4. As applied, the amended law retroactively increased defendants' punishment for ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	151111

25 STATE OF NEW JERSEY v. CHRISTOPHER DENT -- rank: 762

... reference to community supervision for life ("CSL"), as required by N.J.S.A. 2C:43-6.4. 9 Id. at 300-01. The Parole Board asked the ... shall be increased as a result of such resentencing. 9 N.J.S.A. 2C:43-6.4(a) has now replaced community supervision for life with parole ...

docket:	a6253-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-05
status:	Published
citation:
Document Size:	86449

26 Jamgochian v. New Jersey State Parole Board -- rank: 759

... by defendants convicted of serious sexual offenses.” In 1998, N.J.S.A. 2C:43-6.4(b) provided that “[p]ersons serving a special sentence ... S.A. 2C:7-2, and community supervision for life, N.J.S.A. 2C:43-6.4 (prior to 2003 amendment). 1 The day before his release ... at the completion of his four-year term of imprisonment. N.J.S.A. 2C:43-6.4(a) and (b) (prior to 2003 amendment). Community supervision for ... for a new rape or sexual assault.”). In 1998, N.J.S.A. 2C:43-6.4(b) provided that “[p]ersons serving a special sentence ... is a fourth-degree crime carrying a presumption of imprisonment. N.J.S.A. 2C:43-6.4(d). Finally, a supervised offender may be released from lifetime ... to the safety of others if released from supervision.” N.J.S.A. 2C:43-6.4(c) (prior to the 2003 amendment). 7 IV. Now, ...

docket:	a-63-07
court:
decided:	2008-08-06
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citation:	196 N.J. 222
Document Size:	127522

27 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 757

... PSL") or its statutory predecessor, community supervision for life ("CSL"), N.J.S.A. 2C:43-6.4. Appellants, all of whom are represented by the same counsel ... pursuant to section 2 of P.L. 1994, c. 130 ([ N.J.S.A. ] 2C:43-6.4), polygraph examinations in order to obtain information necessary for risk ... of community or parole supervision for life, imposed pursuant to N.J.S.A. 2C:43-6.4, polygraph examinations in order to obtain information necessary for risk ... a result of a change in the law in 2013. N.J.S.A. 2C:43-6.4(d). The polygraph session consists of a pre-examination interview ... good cause, may be prosecuted as a third-degree crime. N.J.S.A. 2C:43-6.4(d). As the trial court found, largely based upon Captain ...

docket:	a5435-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	146189

28 /usr/local/share/www/libweb/collections/courts/appellate/a3256-11red.opn.html -- rank: 749

... PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. Represented by the same attorney, appellants challenge the constitutionality of ... release, pursuant to the Violent Predator Incapacitation Act of 1994, N.J.S.A. 2C:43-6.4. B.M. was released from prison in March 2001. At ... also ordered to comply with CSL monitoring upon his release, N.J.S.A. 2C:43-6.4. J.B. was released after completing his sentence, 2 and ... in 1994 as part of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4. The statute is one component of a series of laws ... between 1994 and 2004 of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a) must serve, in addition to any existing sentence, "a ... after that time are sentenced to "parole supervision for life." N.J.S.A. 2C:43-6.4(a); see also L. 2003, c. 267, § 1. ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	57034

29 /usr/local/share/www/libweb/collections/courts/trial/actedxx-10.opn.html -- rank: 749

... PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. Represented by the same attorney, appellants challenge the constitutionality of ... release, pursuant to the Violent Predator Incapacitation Act of 1994, N.J.S.A. 2C:43-6.4. B.M. was released from prison in March 2001. At ... also ordered to comply with CSL monitoring upon his release, N.J.S.A. 2C:43-6.4. J.B. was released after completing his sentence, 2 and ... in 1994 as part of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4. The statute is one component of a series of laws ... between 1994 and 2004 of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a) must serve, in addition to any existing sentence, "a ... after that time are sentenced to "parole supervision for life." N.J.S.A. 2C:43-6.4(a); see also L. 2003, c. 267, § 1. ...

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court:	NJ Superior Court Law/Chancery Division
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status:
citation:
Document Size:	57031

30 J.K. v. New Jersey State Parole Board -- rank: 747

... community supervision shall be supervised as if on parole,” N.J.S.A. 2C:43-6.4(b) (2003) -- prevents the Board from permitting an international transfer ... sentenced to Community Supervision for Life (CSL) in accordance with N.J.S.A. 2C:43-6.4. J.K. holds dual citizenship in the United States and ... to conditions appropriate to protect the public and foster rehabilitation. [ N.J.S.A. 2C:43-6.4(b) (2003).] Since 2003, CSL has been replaced by Parole ... of an unmanned aircraft system as defined in [that section]. [N.J.S.A. 2C:43-6.4(b).] 15 The Criminal Code thus includes a scheme of ... community supervision shall be supervised as if on parole,” N.J.S.A. 2C:43-6.4(b) (2003) -- prevents the Board from permitting an international transfer ... seeking to terminate supervision, which plainly under the language of N.J.S.A. 2C:43- 6.4(c) may be permitted only by a court. Because ...

docket:	a-76-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	50039