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 Results for ("N.J.S.A. 2C:43-6")   1 to 15 of 1527 results. Run time: 0.922 seconds | Search time: 0.915 seconds    
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1 State v. Nance/Bolton/Williams -- rank: 1000
... the Court considers whether an amendment to the Graves Act, N.J.S.A. 2C:43-6.2 (section 6.2), which authorizes a prosecutor to move ... period of parole ineligibility from three years, as prescribed by N.J.S.A. 2C:43-6(c), to one year. The sentencing judge sentenced Willis-Bolton ... that would otherwise be imposed pursuant to the Graves Act. N.J.S.A. 2C:43-6(c). The State represented to the sentencing judge that a ... mandatory minimum terms of incarceration that the statute otherwise requires. N.J.S.A. 2C:43-6.2. Section 6.2 was enacted to authorize the reduction ... during which the defendant will be ineligible for parole.” N.J.S.A. 2C:43-6.2. Although the prosecutor retains the discretion to decide whether ... PATTERSON delivered the opinion of the Court. The Graves Act, N.J.S.A. 2C:43-6(c), imposes a mandatory minimum term of incarceration on ...
docket: A-47-48
court: NJ Supreme Court
decided: 2017-04-05
status:
citation:
Document Size: 93541
2 State v. Melvin Hester -- rank: 971
... 2, a defendant convicted of certain sex offenses pursuant to N.J.S.A. 2C:43-6.4 is required to serve a special sentence of community ... constitutionality of the retroactive application of the 2014 Amendment to N.J.S.A. 2C:43-6.4 (2014 Amendment), L. 2013, c. 214, § 4 (effective ... time of defendants’ sentencing proceedings, under the 1994 version of N.J.S.A. 2C:43-6.4, a trial court was required to impose “a ... than eighteen months in prison. In 2003, the Legislature amended N.J.S.A. 2C:43-6.4, replacing community supervision for life with parole supervision for ... PSL violation could be prosecuted as a fourth- degree offense, N.J.S.A. 2C:43-6.4(d), or treated as a parole violation, N.J.S.A. 2C:43-6.4(b). In contrast, under CSL, in the event ...
docket: a_91_16
court: NJ Supreme Court
decided: 2018-05-30
status:
citation:
Document Size: 53702
3 /usr/local/share/www/libweb/collections/courts/appellate/a-51-17.opn.html -- rank: 934
... may impose a mandatory-minimum period of parole ineligibility under N.J.S.A. 2C:43-6(b), without offending the United States Constitution. A jury convicted ... prison term within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period of parole ineligibility not ... that the aggravating factors substantially outweigh the mitigating factors,” N.J.S.A. 2C:43- 6(b). Here, the trial judge found four aggravating factors: the ... a mandatory-minimum sentence based on judicial factfinding pursuant to N.J.S.A. 2C:43-6(b). 1 The Appellate Division affirmed defendant’s sentence. The panel rejected defendant’s constitutional challenge to N.J.S.A. 2C:43-6(b) based on Alleyne. The panel determined that Alleyne did ... factors to impose a discretionary period of parole ineligibility under N.J.S.A. 2C:43-6(b). The Court granted defendant’s petition for certification ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation: 235 N.J. 420 196 A.3d 563
Document Size: 78451
4 State v. Nicholas Kiriakakis -- rank: 934
... may impose a mandatory-minimum period of parole ineligibility under N.J.S.A. 2C:43-6(b), without offending the United States Constitution. A jury convicted ... prison term within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period of parole ineligibility not ... that the aggravating factors substantially outweigh the mitigating factors,” N.J.S.A. 2C:43- 6(b). Here, the trial judge found four aggravating factors: the ... a mandatory-minimum sentence based on judicial factfinding pursuant to N.J.S.A. 2C:43-6(b). 1 The Appellate Division affirmed defendant’s sentence. The panel rejected defendant’s constitutional challenge to N.J.S.A. 2C:43-6(b) based on Alleyne. The panel determined that Alleyne did ... factors to impose a discretionary period of parole ineligibility under N.J.S.A. 2C:43-6(b). The Court granted defendant’s petition for certification ...
docket: a-51-17
court: New Jersey Supreme Court
decided: 2018-11-05
status:
citation:
Document Size: 78516
5 State v. Richard Perez -- rank: 906
... welfare of a child. Both terms were imposed pursuant to N.J.S.A. 2C:43-6.4, which applies to individuals who commit an enumerated offense ... imposed on non-sex-offender parolees. A 2003 amendment to N.J.S.A. 2C:43-6.4 replaced all references to CSL with PSL and its ... for life. (pp. 21-23) 7. In its current form, N.J.S.A. 2C:43-6.4 provides that the extended term shall be “served ... status before January 14, 2004. Applying the current version of N.J.S.A. 2C:43-6.4 to defendant requires him to spend many additional years ... called clarification. As applied to defendant, the 2003 amendment to N.J.S.A. 2C:43-6.4 enhances the punitive consequences of the special sentence of ... in their entirety. The extended terms were imposed pursuant to N.J.S.A. 2C:43-6.4, which applies to individuals who commit an enumerated ...
docket: a-25-13
court: New Jersey Supreme Court
decided: 2015-02-02
status:
citation: 220 N.J. 423 106 A.3d 1212
Document Size: 81150
6 PHILIP A. SAPIO v. EVELYN DAVIS -- rank: 906
... governing violation of parole supervision for life (PSL) pursuant to N.J.S.A. 2C:43-6.4 and the regulations promulgated thereunder. Plaintiffs also seek declaratory relief holding the parole revocation procedures set forth in N.J.S.A. 2C:43-6.4 are unconstitutional. The Law Division considered the matters together ... PSL may be prosecuted as a criminal offense pursuant to N.J.S.A. 2C:43-6.4(d), here plaintiffs' alleged volatile conduct was processed as parole violations under N.J.S.A. 2C:43-6.4(b). We conclude the Board's use of N.J.S.A. 2C:43-6.4(b) to charge and adjudicate a violation of the ... THE STATUTORY ENACTMENT OF PAROLE SUPERVISION FOR LIFE, CODIFIED AT N.J.S.A. 2C:43-6.4, TRUMPS THE CONSTITUTIONAL RIGHT TO A JURY TRIAL. ...
docket: a2129-14
court: NJ Superior Court Appellate Division
decided: 2016-07-05
status: unpublished
citation:
Document Size: 76071
7 STATE OF NEW JERSEY v. K.C -- rank: 896
... for violating a condition of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d).1 Defendant is on CSL because of his ... role of the trier of fact in a prosecution under N.J.S.A. 2C:43-6.4(d) is to determine if defendant knowingly violated a ... with all provisions of Megan's Law,2 including CSL, N.J.S.A. 2C:43-6.4.3 We affirmed defendant's 2 N.J.S ... fourth degree. Community supervision for life is imposed, pursuant to N.J.S.A. 2C:43-6.4. If the defendant violates a condition of a special ... denied. The trial court found defendant guilty of violating CSL, N.J.S.A. 2C:43-6.4(d). On December 16, 2019, defendant was sentenced to ... is an implicit material element of the offense defined in N.J.S.A. 2C:43-6.4(d). We reject that contention and decline to ...
docket: a2253-19
court: NJ Superior Court Appellate Division
decided: 2022-05-02
status: Unpublished
citation:
Document Size: 76176
8 STATE OF NEW JERSEY , v. ANDRES I. CHAVARRIA -- rank: 894
... authorized sentencing alternative, for 'imprisonment for a term authorized by . . . [N.J.S.A.] 2C:43-6.' Defendant acknowledges subsection (b)(2) of N.J.S.A ... court because he was sentenced to terms of 'imprisonment' under N.J.S.A. 2C:43-6. Defendant contends that 'by mandating the imposition[] of 'a term ... a sentence '[t]o imprisonment for a term authorized by . . . N.J.S.A. 2C:43-6.'3 The statute prescribes the ordinary terms of imprisonment for the different degrees of crimes under the Criminal Code, N.J.S.A. 2C:43-6(a)(1) to (4), and it details the standards for ... ineligibility '[a]s part of a sentence for any crime,' N.J.S.A. 2C:43-6(b).4 Defendant challenges the sentences imposed for his convictions ... for a fourth-degree crime is up to eighteen months. N.J.S.A. 2C:43-6(a)(4). N.J.S.A. 2C:40-26, ...
docket: a4473-18
court: NJ Superior Court Appellate Division
decided: 2020-06-04
status: Published
citation:
Document Size: 60650
9 STATE OF NEW JERSEY v. JOHN JACOBUS, -- rank: 889
... delivered by VERNOIA, J.A.D. A 2014 amendment to N.J.S.A. 2C:43-6.4(d) increased the penalties for a conviction for violating ... the 2014 amendment, for the fourth-degree offense extant under N.J.S.A. 2C:43-6.4(d) prior to the amendment. We hold defendant was ... the welfare of a child, the court's sentence included N.J .S.A. 2C:43-6.4(a)'s then-requirement that defendant comply with the ... of A-1069-19 2 CSL 1 At the time, N.J.S.A. 2C:43-6.4(d) provided that a person who violated a condition ... cause is guilty of a crime of the fourth degree.' N.J.S.A. 2C:43-6.4(d) (2002); L. 1994, c. 130, § 2. In amendments to N.J.S.A. 2C:43-6.4 that became effective on July 1, 2014, the ...
docket: a1069-19
court: NJ Superior Court Appellate Division
decided: 2021-08-11
status: Published
citation:
Document Size: 37063
10 State of New Jersey v. Chris Thomas -- rank: 880
... term sentence imposed on a repeat drug offender pursuant to N.J.S.A. 2C:43-6(f). 2 On July 17 , 1997, undercover Newark police officers ... moved for the imposition of a mandatory extended term under N.J.S.A. 2C:43-6(f). At the sentencing hearing, the judge found, and the ... in respect of a defendant's prior convictions pursuant to N.J.S.A. 2C:43-6(f)(mandatory enhanced sentences) does not violate the Sixth Amendment ... anticipated today's cases by raising the question of whether N.J.S.A. 2C:43-6(f)(3) and (9) fit within the United States Supreme ... convictions in sentencing is not a principled basis for invalidating N.J.S.A. 2C:43-6(f). The statute is constitutional. It operates as a sentence ... term sentence imposed on a repeat drug offender pursuant to N.J.S.A. 2C:43-6(f). Defendant frames the issue as whether his Sixth ...
docket: a-43-05
court:
decided: 2006-08-02
status:
citation: *CITE_PENDING*
Document Size: 78257
11 State v. Rahsjahn Courtney -- rank: 873
... the State to impose an extended-term sentence pursuant to N.J.S.A. 2C:43-6(f) when, as part of a negotiated plea agreement, the ... extended-term sentence and minimum period of parole ineligibility under N.J.S.A. 2C:43-6(f) if convicted of the new offense and if the ... agrees not to request a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f) yet seeks the benefit of a Section 12 plea ... requirements under N.J.S.A. 2C:35-12. 1. N.J.S.A. 2C:43-6(f) provides that, if the grounds for an extended term ... agrees not to request a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f) while seeking the benefit of a Section 12 plea ... disputes over whether a defendant is extended-term eligible under N.J.S.A. 2C:43-6(f), the Court proposes a slight revision to the ...
docket: a-17-19
court: NJ Supreme Court
decided: 2020-07-02
status:
citation:
Document Size: 39643
12 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 861
... 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 ... 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 ... 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 ... 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 ... 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 ... 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, § ...
docket: a1459-11
court: NJ Superior Court Appellate Division
decided: 2013-11-26
status: published
citation: 433 N.J.Super. 327 79 A.3d 467
Document Size: 109382
13 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 861
... 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 ... 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 ... 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 ... 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 ... 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 ... 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, § ...
docket: a2448-11
court: NJ Superior Court Appellate Division
decided: 2013-11-26
status: published
citation:
Document Size: 109184
14 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 861
... 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 ... 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 ... 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 ... 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 ... 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 ... 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, § ...
docket: a2138-11
court: NJ Superior Court Appellate Division
decided: 2013-11-26
status: published
citation:
Document Size: 109184
15 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 861
... 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 ... 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 ... 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 ... 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 ... 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 ... 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, § ...
docket: a3256-11xx
court: NJ Superior Court Appellate Division
decided: 2013-11-26
status: unpublished
citation:
Document Size: 109194
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