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31 STATE OF NEW JERSEY v. ERIC KIM -- rank: 613

... must either satisfy the requirements for 'special probation' pursuant to N.J.S.A. 2C:35-14 (Track One), or 'otherwise be eligible under other sections of ... assault made him ineligible for drug court under Track One. N.J.S.A. 2C:35-14(a)(7) sets forth one of the nine statutory requirements ... certain crimes, including 'aggravated assault ,' from Track One admission. See N.J.S.A. 2C:35-14(a)(7). Defendant, nonetheless, argues that the exclusion under N.J.S.A. 2C:35- 14(a)(7) should be interpreted to apply only to first ... to a conviction for a first- or second-degree charge. N.J.S.A. 2C:35-14(a)(7). Defendant is also ineligible for admission to drug ... incarceration from admission to drug court under Track Two. See N.J.S.A. 2C:35-14(a); N.J.S.A. 2C:44-1(d); ...

docket:	a0552-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	46538

32 STATE OF NEW JERSEY v. ANTHONY F. STALTER -- rank: 611

... HOUSE CONSTITUTES A "RESIDENTIAL TREATMENT FACILITY" FOR THE PURPOSES OF N.J.S.A. 2C:35-14, AND STALTER IS THEREFORE ENTITLED TO JAIL CREDITS. ALTERNATIVELY, REMAND ... in the implementation of the "special probation" disposition contained in N.J.S.A. 2C:35-14, they are primarily the creation of our Supreme Court under ... J.S.A. 2C:43-2(b)(2), but in N.J.S.A. 2C:35-14. The term "special probation" first appeared in that section when ... and required to serve a period of "special probation" under N.J.S.A. 2C:35-14. If a Track 1 defendant's "special probation" is revoked ... committed pursuant to this section to a residential treatment facility. [ N.J.S.A. 2C:35-14(f)(4).] "[I]n determining the number of credits for ... purposes of N.J.S.A. 2C:29-5 (escape)." N.J.S.A. 2C:35-14(d). As a result, unauthorized departure from the program ...

docket:	a5674-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	published
citation:	440 N.J.Super. 548 114 A.3d 1029
Document Size:	26054

33 STATE OF NEW JERSEY v. ANGELA L. OTEY -- rank: 607

... to argue for a three-year custodial sentence. Pursuant to N.J.S.A. 2C:35-14(a), defendant applied to Drug Court, but was rejected by ... court found that defendant met the requirements of 1 Under N.J.S.A. 2C:35-14(a), to be eligible for admission into Drug Court, the ... thereafter commit another offense; and 4 A-3855-15T 3 N.J.S.A. 2C:35-14(a)(1) through (4) because 'defendant does have a drug ... dependence' based upon the findings of the TASC evaluator. Regarding N.J.S.A. 2C:35-14(a)(5) through (7), the court determined that there were ... statutorily[,]' and a 'suitable treatment facility' was available to satisfy N.J.S.A. 2C:35-14(a)(8). However, in evaluating N.J.S.A. 2C:35-14(a)(9), the court was troubled by the violent ...

docket:	a3855-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-09
status:	unpublished
citation:
Document Size:	38823

34 State v. Richard Gomes -- rank: 607

... a future conviction), those expunged records can be fully restored. N.J.S.A. 2C:35-14(m)(4). In addition, restoration of records due to a ... Compare N.J.S.A. 2C:52-6.1 with N.J.S.A. 2C:35-14 and N.J.S.A. 2C:52-7 to -14 ...

docket:	a-64-65-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:
citation:
Document Size:	87794

35 STATE OF NEW JERSEY v. ANDREW F. STOVEKEN -- rank: 605

... must either satisfy the requirements for 'special probation' pursuant to N.J.S.A. 2C:35-14 (track one) or 'otherwise be eligible under other sections of ... quoting Clarke, 203 N.J. at 174-76). In addition, N.J.S.A. 2C:35-14.2 provides for mandatory consideration of certain offenders who meet the requirements set forth in N.J.S.A. 2C:35-14 for special probation. Both tracks require a person to meet the nine eligibility criteria set forth in N.J.S.A. 2C:35-14. N.J.S.A. 2C:35-14 requires, among other things, that the A-1753-18T1 19 ... monies to support the person's drug or alcohol dependency. N.J.S.A. 2C:35-14(a). Before pleading guilty, Stoveken applied to be admitted ...

docket:	a1753-18
court:	NJ Superior Court Appellate Division
decided:	2020-00-12
status:	Published
citation:
Document Size:	41177

36 STATE OF NEW JERSEY v. TERRENCE MURRELL -- rank: 605

... addiction' and 'defendant poses a danger to the community.' See N.J.S.A. 2C:35-14(b)(1), N.J.S.A. 2C:35-14(a)(3), and N.J.S.A. 2C:35-14(a)(9). On the latter point, the prosecutor informed Judge ... all nine eligibility criteria for special probation set forth in N.J.S.A. 2C:35-14(a).' Id. at 551. Those criteria include adjudication was briefly ... will result from the person being placed on special probation.' N.J.S.A. 2C:35-14(a)(9). In the revised Drug Court Manual '[d]anger ... presentence report and the results of the professional diagnostic assessment.' N.J.S.A. 2C:35-14(a). To appropriately address defendant's arguments, we briefly ...

docket:	a1960-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-18
status:	Unpublished
citation:
Document Size:	47321

37 STATE OF NEW JERSEY v. JOSHUA A. TOLIVER -- rank: 579

... Jersey.' Id. at 521. The statutory framework set forth in N.J.S.A. 2C:35-14 equipped sentencing courts with a statutory tool [to address] the ... treatment rather than on imprisonment. The farsighted goal expressed in N.J.S.A. 2C:35-14 remained unfulfilled, however, because there was at the outset no ... defendant to special probation, an alternative to imprisonment, pursuant to N.J.S.A. 2C:35-14(a).' Id. at 551. Track One A-1528.21 9 ... all nine eligibility criteria for special probation set forth in N.J.S.A. 2C:35-14(a). Id. at 551. 'Special probation is . . . [a] highly specialized ... criteria: danger to the community. Defendant argues that pursuant to N.J.S.A. 2C:35-14, the court is required to consider all aggravating and mitigating ... drugs. The court focusing on danger to the community under N.J.S.A. 2C:35- 14(a)(9), stating: [h]aving made the determination that [ ...

docket:	a1528-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-20
status:	Unpublished
citation:
Document Size:	45953

38 STATE OF NEW JERSEY v. VINCENT C. OGLESBY -- rank: 579

... years of parole ineligibility for violating special Drug Court probation. N.J.S.A. 2C:35-14(a). He argues the violation of special probation hearing violated ... offense for which the person was convicted or adjudicated delinquent.' N.J.S.A. 2C:35-14(f)(4). Defendant argues the trial court abused its discretion ... J. Super. 126, 139 (App. Div. 1986), superseded by statute, N.J.S.A. 2C:35-14. The successful completion of the in-patient drug treatment program ...

docket:	a3280-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-04
status:	Unpublished
citation:
Document Size:	25794

39 STATE OF NEW JERSEY v. JOHN D. APPLEBY -- rank: 572

... nine separate factors.' Clarke, 203 N.J. at 175 (citing N.J.S.A. 2C:35-14(a)(1)-(9)). The two factors most at issue in ... at the time of the commission of the present offense[.] [ N.J.S.A. 2C:35-14(a)(1), (2).] N.J.S.A. 2C:35-14(a) states that a judge must consider 'the presentence report ... the results of the professional diagnostic assessment,' as used in N.J.S.A. 2C:35-14(a), has remained static since its enactment. See N.J.S.A. 2C:35-14(a); L. 1987, c. 106, § 1. N.J.S.A. 2C:35- 14(a) specifically requires a judge to consider 'all relevant ...

docket:	a1667-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-12
status:	Unpublished
citation:
Document Size:	15350

40 State v. Michael Soricelli -- rank: 570

... six-month in-patient treatment exception to incarceration provided by N.J.S.A. 2C:35-14. Accordingly, he resentenced Soricelli to a probationary term of three ... rehabilitation program in the custody of a residential treatment facility. N.J.S.A. 2C:35-14. I     The factual basis for defendant's negotiated plea to ... the Probation Department. In imposing sentence the court referred to N.J.S.A. 2C:35-14, which permits trial courts to sentence certain drug-dependent offenders ... can't, he cannot. However, we do have a statute [ N.J.S.A. 2C:35-14] that says if someone has a drug problem that can ... briefs on the interrelationship between the presumptive sentencing requirements of N.J.S.A. 2C:35-14, the Appellate Division reversed and remanded for resentencing. The court ... Id. at 408-09.]     Without specifically addressing the implications of N.J.S.A. 2C:35-14, the provision that authorizes residential treatment for certain drug ...

docket:	a-142-97
court:	njsupreme
decided:	1999-01-11
status:
citation:	156 N.J. 525
Document Size:	39280

41 STATE OF NEW JERSEY v. HAL C. HVIDSTEN -- rank: 570

... a five-year special probationary drug court sentence pursuant to N.J.S.A. 2C:35-14. The court imposed an alternative extended-term sentence of eight ... as an alternative in the plea agreement." Id. at 551; N.J.S.A. 2C:35-14(f)(4). 4 Defendant also contends his trial and appellate ...

docket:	a4717-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-05
status:	unpublished
citation:
Document Size:	30599

42 STATE OF NEW JERSEY v. BERNARD HUGHIE -- rank: 568

... drug court prosecutor can recommend a legal rejection based on N.J.S.A. 2C:35- 14 and whether the applicant is a potential danger to the ... is available to those eligible for special probation pursuant to N.J.S.A. 2C:35-14(a), and who otherwise satisfy the statutory criteria.' Figaro, 462 ... previously convicted of certain disqualifying offenses. Id. at 572 (quoting N.J.S.A. 2C:35- 14(a)). 'Track Two 'permits applicants to be admitted into [Recovery ... as 'regular' probation as distinct from 'special probation' authorized by N.J.S.A. 2C:35-14.' Ibid. 'Eligibility for entry into [Recovery] Court via Track Two ... satisfying the nine specified prerequisites for special probation enumerated in N.J.S.A. 2C:35-14.' Ibid. Defendant is ineligible for Recovery Court under Track One ... convicted of a disqualifying crime—second-degree aggravated assault. See N.J.S.A. 2C:35-14(a)(7) (making ineligible for Recovery Court an offender ' ...

docket:	a2200-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-27
status:	Unpublished
citation:
Document Size:	26998

43 STATE OF NEW JERSEY v. WENDY BERMINGHAM -- rank: 566

... Jersey Statewide Recovery Court Manual at 27 (Jan. 2022) (citing N.J.S.A. 2C:35-14) (hereinafter, the 2022 Manual). A-0082-23 3 roommate the ... Services for the Courts (TASC) substance abuse assessment pursuant to N.J.S.A. 2C:35- 14.4 4 N.J.S.A. 2C:35-14(a)(1) requires a Recovery Court applicant to have 'undergone ... defendant to special probation, an alternative to imprisonment, pursuant to N.J.S.A. 2C:35-14(a).' Id. at 551. Track One A-0082-23 8 ... all nine eligibility criteria for special probation set forth in N.J.S.A. 2C:35-14(a). Ibid. 'Track Two is reserved for drug dependent defendants ... need not satisfy the nine eligibility criteria set forth in N.J.S.A. 2C:35-14.' Harris, 466 N.J. Super. at 552. In Figaro, ...

docket:	a0082-23
court:	NJ Superior Court Appellate Division
decided:	2024-02-27
status:	Unpublished
citation:
Document Size:	28575

44 STATE OF NEW JERSEY v. OMAR J. ROSS -- rank: 557

... defendant was not eligible for a change of sentence under N.J.S.A. 2C:35-14, because he had not established that he was (1) an ... of custody into special probation based upon the amendment to N.J.S.A. 2C:35-14. 1 Following oral argument, Judge Batten issued an oral decision ... an analysis of the nine statutory criteria set forth in N.J.S.A. 2C:35-14(a)(1)-(9)). State v. Clarke , 203 N.J. 166 ... denied the motion based on defendant's failure to satisfy N.J.S.A. 2C:35-14(a)(8) and (9). The judge memorialized his decision in ... DEFENDANT'S MOTION FOR ADMISSION TO SPECIAL PROBATION PURSUANT TO N.J.S.A. 2C:35-14, SO-CALLED TRACK ONE, IS BASED ON THE PROSECUTOR'S ... into special probation, the court must examine the requirements of N.J.S.A. 2C:35-14 and Rule 3:21-10. N.J.S.A. ...

docket:	a2367-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-20
status:	unpublished
citation:
Document Size:	16473

45 STATE OF NEW JERSEY v. OMAR J. ROSS -- rank: 557

... defendant was not eligible for a change of sentence under N.J.S.A. 2C:35-14, because he had not established that he was (1) an ... of custody into special probation based upon the amendment to N.J.S.A. 2C:35-14. 1 Following oral argument, Judge Batten issued an oral decision ... an analysis of the nine statutory criteria set forth in N.J.S.A. 2C:35-14(a)(1)-(9)). State v. Clarke , 203 N.J. 166 ... denied the motion based on defendant's failure to satisfy N.J.S.A. 2C:35-14(a)(8) and (9). The judge memorialized his decision in ... DEFENDANT'S MOTION FOR ADMISSION TO SPECIAL PROBATION PURSUANT TO N.J.S.A. 2C:35-14, SO-CALLED TRACK ONE, IS BASED ON THE PROSECUTOR'S ... into special probation, the court must examine the requirements of N.J.S.A. 2C:35-14 and Rule 3:21-10. N.J.S.A. ...

docket:	a3657-12
court:	superior court trial
decided:	2015-02-20
status:	unpublished
citation:
Document Size:	16368