Search Rutgers Law Library N.J. Court Opinions

76 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.W. and M.M and L.S. and J.S -- rank: 605

... he would need to satisfy the two-pronged test under N.J.S.A. 2C:43-6.4(c), meaning he would have to submit 'proof by clear ... have been eligible for relief from his parole restrictions under N.J.S.A. 2C:43-6.4(c), given he had to prove by clear and convincing ...

docket:	a3037-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Unpublished
citation:
Document Size:	114419

77 M.M v. NEW JERSEY STATE PAROLE BOARD -- rank: 603

... as an offender subject to parole supervision for life (PSL), N.J.S.A. 2C:43-6.4. 1 M.M. challenges a condition of his PSL sentence ... 433 N.J. Super. 327, 337 (App. Div. 2013) (quoting N.J.S.A. 2C:43-6.4(b)), certif. denied sub nom , B.M. v. N.J ... Board from imposing, in its discretion, the alcohol special condition. N.J.S.A. 2C:43-6.4(b) and N.J.A.C. 10A:71-6.12 ... that special condition. Affirmed. 1 In 2003, the Legislature amended N.J.S.A. 2C:43-6.4 to change community supervision for life to PSL, effective January ...

docket:	a6215-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-21
status:	Published
citation:
Document Size:	23025

78 STATE OF NEW JERSEY v. DAVID F. HOHSFIELD -- rank: 603

... and fourth-degree violation of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). On August 11, 2009, defendant pled guilty to third ... sentenced to parole supervision for life (PSL) under the amended N.J.S.A. 2C:43-6.4. We affirmed defendant's sentence on our excessive sentencing calendar ... directly by [the] Parole [Board]. The "Violent Predator Incapacitation Act," N.J.S.A. 2C:43-6.4, is a component of a series of laws commonly referred ... Parole of the State Parole Board' for life." Ibid. (quoting N.J.S.A. 2C:43-6.4(b)). "A violation of PSL may be prosecuted as a fourth-degree offense, N.J.S.A. 2C:43-6.4(d), but it may also be treated as a parole violation, N.J.S.A. 2C:43-6.4(b)." Ibid. Thus, the Parole Board also has the ...

docket:	a5381-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-23
status:	Published
citation:
Document Size:	32476

79 STATE OF NEW JERSEY v. ROGELIO LOPEZ -- rank: 603

... for three counts of third-degree violations of CSL conditions, N.J.S.A. 2C:43- 6.4(d). The three CSL violations were failing to notify his ... degree offender, based on the Legislature's 2014 amendment to N.J.S.A. 2C:43-6.4, L. 2013, c. 214, § 4 (effective July 1, 2014 ... three counts because he had good cause for each violation. N.J.S.A. 2C:43-6.4(d) provides: 'A person who violates a condition of a ... of a Condition of Parole Supervision for Life Fourth Degree (N.J.S.A. 2C:43-6.4(d))' (rev. January 1, 2014)). The Model Charge notes: The ... United States and New Jersey Constitutions. The 2014 amendment to N.J.S.A. 2C:43-6.4, L. 2013, c. 214, § 4 (effective July 1, 2014 ... violation converted CSL to parole supervision for life (PSL). See N.J.S.A. 2C:43-6.4(a) and (d); see also L. 2013, c. 214, ...

docket:	a1428-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-30
status:	Unpublished
citation:
Document Size:	28194

80 /usr/local/share/www/libweb/collections/courts/appellate/a5631-14.opn.html -- rank: 598

... special sentence of community supervision for life (CSL), contrary to N.J.S.A. 2C:43-6.4(d). The trial court sentenced defendant to 119 days in ... Law, and imposed a special sentence of CSL pursuant to N.J.S.A. 2C:43-6.4 (prior to amendment). At that time, a violation of a ... c. 130. However, effective July 1, 2014, the Legislature amended N.J.S.A. 2C:43-6.4(a) and (d) (the 2014 amendments), to upgrade a violation ... degree violation of the conditions of his CSL, contrary to N.J.S.A. 2C:43-6.4(d), for allegedly failing to participate in and/or successfully ... court also imposed a mandatory special sentence of PSL under N.J.S.A. 2C:43-6.4(a). The judge entered a JOC dated July 13, 2015 ... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4 IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY VIOLATING THE SEPARATION ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15765

81 H.R. v. THE NEW JERSEY STATE PAROLE BOARD -- rank: 598

... of his home, vehicle and person based on reasonable suspicion. N.J.S.A. 2C:43-6.4(f); N.J.A.C. 10A:71-6.12(d ... s request and a judicial finding. L. 2013, c. 136; N.J.S.A. 2C:43-6.4(a). Consequently, a person who replicated I.R.'s offense ...

docket:	a2843-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-20
status:	Published
citation:	457 N.J.Super. 250 199 A.3d 297
Document Size:	32827

82 R.R. v. NEW JERSEY STATE PAROLE BOARD -- rank: 596

... the terms of his parole supervision for life (PSL) under N.J.S.A. 2C:43- 6.4, and ordering him to serve a twelve-month term of ... of Megan's Law, which 'has its statutory source in N.J.S.A. 2C:43-6.4, the Violent Predator Incapacitation Act.'' 3 State v. R.K ... L. 2003, c. 267, § 1, eff. Jan. 14, 2004; N.J.S.A. 2C:43-6-4 ('Special sentence of [PSL] imposed on persons convicted of certain ... of a parole condition. We emphasize in this regard that N.J.S.A. 2C:43-6.4(d) makes it an offense to violate a condition of ...

docket:	a2236-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-29
status:	Unpublished
citation:
Document Size:	37968

83 STATE OF NEW JERSEY v. WILLIAM SMULLEN -- rank: 596

... also be placed on community supervision for life pursuant to N.J.S.A. 2C:43-6.4. Because defendant travelled from New York to this state to ... defendant on community supervision for life, as provided for in N.J.S.A. 2C:43-6.4. Defendant did not file a direct appeal challenging any part ... ramifications of being placed on community supervision for life under N.J.S.A. 2C:43-6.4. The record of the plea hearing reflects the trial judge ... attorney did not discuss with him the specific requirements under N.J.S.A. 2C:43-6.4 during plea negotiations, including whether, as a New York resident ... J. 129 , 139-40 (2009). Community supervision for life under N.J.S.A. 2C:43-6.4 has long been considered a punitive consequence of a criminal ... been aware of the penal consequences defendant was facing under N.J.S.A. 2C:43-6.4, as well as how they would affect defendant as ...

docket:	a0722-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-15
status:	published
citation:	437 N.J.Super. 102 96 A.3d 317
Document Size:	33310

84 IN THE MATTER OF REGISTRANT H.D. -- rank: 596

... sentenced to community supervision for life (CSL) as required by N.J.S.A. 2C:43-6.4(a), the Violent Predator Incapacitation Act (VPIA), 'enacted as a ... in 2017, and additionally moved to terminate CSL pursuant to N.J.S.A. 2C:43-6.4(c), which states: 1 'The Legislature subsequently amended the statute ... a different result regarding termination of CSL. He concluded that N.J.S.A. 2C:43-6.4(c) was 'unlike the statute that governs Megan's Law ... State argues the Legislature's use of different language in N.J.S.A. 2C:43-6.4(c), specifically, that the applicant remain offense free for fifteen ... registration requirements, he nonetheless terminated H.D.'s CSL under N.J.S.A. 2C:43- 6.4(c), finding that he had remained offense free for fifteen ... specifically found support for our conclusion in the language of N.J.S.A. 2C:43-6.4(c), 'adopted contemporaneously with Megan's Law.' Id. at ...

docket:	a5321-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Published
citation:	457 N.J.Super. 205 198 A.3d 1007
Document Size:	32709

85 STATE OF NEW JERSEY v. ANTHONY IRIZARRY -- rank: 593

... term. He was also sentenced to parole supervision for life, N.J.S.A. 2C:43-6.4, and ordered to comply with the registration requirements imposed by ...

docket:	a0485-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-20
status:	Unpublished
citation:
Document Size:	55459

86 STATE OF NEW JERSEY v. ALDOPHUS MIMS -- rank: 588

... sentenced to a special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4, and restrictions under Megan's Law, A-1330-19 13 ...

docket:	a1330-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-26
status:	Unpublished
citation:
Document Size:	96403

87 STATE OF NEW JERSEY v. PEDRO SOLER -- rank: 584

... s motion for an extended term of imprisonment pursuant to N.J.S.A. 2C:43-6.4(e), and N.J.S.A. 2C:44-3(a ... that defendant was eligible for an extended term pursuant to N.J.S.A. 2C:43-6.4(e). That statute provides: "A person who, while serving a ... was currently serving. The judge also concluded that pursuant to N.J.S.A. 2C:43-6.4(e), a mandatory period of parole ineligibility was required for ... judge noted that an extended term was required pursuant to N.J.S.A. 2C:43-6.4(e). "In exercising its authority to impose [a] sentence, the ... imposed an eighteen-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.4(e). We remand the matter to the trial court for ... s resumption of the term of parole supervision for life," N.J.S.A. 2C:43-6.4(e), requires a mandatory period of parole ineligibility equal ...

docket:	a3533-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-30
status:	unpublished
citation:
Document Size:	43945

88 IN THE MATTER OF REGISTRANT G.H. -- rank: 581

... for life' (CSL) on all defendants convicted of certain offenses. N.J.S.A. 2C:43-6.4(a). The 6 A-2388-16T1 Legislature subsequently amended the ... 225 N.J. 339 (2016), has remained constant. Pursuant to N.J.S.A. 2C:43- 6.4(c), an offender who has not committed a crime for ... release from . . . supervision.' Thus, the Legislature's decision to retain N.J.S.A. 2C:43- 6.4(c) results in the anomalous situation of permitting some registrants ...

docket:	a2388-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-06
status:	Published
citation:
Document Size:	57871

89 STATE OF NEW JERSEY v. J.R.D. -- rank: 581

... also sentenced to Parole Supervision for Life, as required by N.J.S.A. 2C:43-6.4; required to comply with Megan's Law, N.J.S ...

docket:	a3476-08
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	62946

90 JOSEPH URIATE VS. NEW JERSEY STATE PAROLE BOARD -- rank: 576

... The court also imposed the mandatory special sentence of PSL. N.J.S.A. 2C:43-6.4. 1 Following the date of Uriarte's commission of the ... responsibility to monitor and ensure Uriarte's compliance with PSL. N.J.S.A. 2C:43-6.4(b). Ensuring that compliance need not await actual threats, manipulation ...

docket:	a0477-22
court:	appellate
decided:	2024-06-17
status:	Unpublished
citation:
Document Size:	26829