412 Results for [("N.J.S.A. 2c:43-6.4")]

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1 State v. Melvin Hester -- rank: 1000

... 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 supervision ... 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 July ... 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 special ... 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 life ... 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 of ...

docket:	a_91_16
court:	NJ Supreme Court
decided:	2018-05-30
status:
citation:
Document Size:	53702

2 PHILIP A. SAPIO v. EVELYN DAVIS -- rank: 963

... 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 during ... 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 conditions ... 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. POINT ...

docket:	a2129-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-05
status:	unpublished
citation:
Document Size:	76071

3 STATE OF NEW JERSEY v. JOHN JACOBUS, -- rank: 915

... 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 ... 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 properly ... 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 conditions ... 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 of ... 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 Legislature ' ...

docket:	a1069-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-11
status:	Published
citation:
Document Size:	37063

4 STATE OF NEW JERSEY v. K.C -- rank: 911

... 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 2003 ... 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 condition ... 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.A ... 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 sentence ... 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 thirty ... 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 read ...

docket:	a2253-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-02
status:	Unpublished
citation:
Document Size:	76176

5 State v. Richard Perez -- rank: 903

... 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 while ... 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 current ... 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 in ... 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 in ... 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 CSL ... 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 offense ...

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 APPROVED FOR PUBLICATION APPELLATE DIVISION v. F.W January 14, 2016 -- rank: 882

... life (CSL) by failing to report to his parole officer, N.J.S.A. 2C:43-6.4(d), and for the third-degree offenses of violating two ... defendant's conviction for violating the terms of his CSL, N.J.S.A. 2C:43-6.4(d). His appeal from the eighteen-month prison term imposed ... See L. 1994, c. 130, § 2 (then codified as N.J.S.A. 2C:43-6.4(b)). We perceive no reason why that could not include ... current convictions, defendant was criminally prosecuted three times for violating N.J.S.A. 2C:43-6.4(d). At his trial leading to the current appeal, defendant ... some helpful background. We begin by considering the CSL statute, N.J.S.A. 2C:43-6.4, as it existed when defendant committed his predicate offenses. The ... recidivism 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 ...

docket:	a1635-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	published
citation:	443 N.J.Super. 476 129 A.3d 359
Document Size:	54537

7 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 874

... 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. ...

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

8 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 874

docket:	a2138-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	109184

9 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 874

docket:	a3256-11xx
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	unpublished
citation:
Document Size:	109194

10 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 874

docket:	a2448-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	109184

11 /usr/local/share/www/libweb/collections/courts/appellate/a4135-16.opn.html -- rank: 858

... his PSL on at least three occasions and, pursuant to N.J.S.A. 2C:43-6.4(d), the State Parole Board returned him to prison for ... was unconstitutional as applied to him because the PSL statute [N.J.S.A. 2C:43-6.4] violates the separation of powers doctrine.' Judge Moynihan found that ... s further determination that even if defendant's assertion that N.J.S.A. 2C:43-6.4 is unconstitutional under a separation of powers theory could have ... PSL is 'deemed to be a term of life imprisonment[,]' N.J.S.A. 2C:43-6.4(b), and is intended to be a penal, not remedial ... sentence supervisory program, State 2 In 2003, the Legislature amended N.J.S.A. 2C:43-6.4, removed references in the statute to community supervision for life ... to the Parole Board's authority to conduct revocation hearings, N.J.S.A. 2C:43-6.4(b) states: If the defendant violates a condition of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	32125

12 In the matter of the Civil Commitment of R.F. -- rank: 843

... that R.F. is subject to parole supervision for life, N.J.S.A. 2C:43-6.4; N.J.A.C. 10A:71-6.12. R.F ... penalties. 3 The court also imposed parole supervision for life, N.J.S.A. 2C:43-6.4, and noted that R.F. was subject to sex offender ... which will minimize any potential threat to public safety. See N.J.S.A. 2C:43-6.4; N.J.A.C. 10A:71-6.12(b). The ... the restrictions imposed by community supervision for life (CSL) under N.J.S.A. 2C:43-6.4 , will protect the community. 19 The restrictions of CSL cited ...

docket:	A-10-12
court:	NJ Supreme Court
decided:	2013-03-19
status:
citation:	217 N.J. 152 85 A.3d 979
Document Size:	156957

13 JOSEPH LIPP v. ALFRED KANDELL -- rank: 843

... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4(d) IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY, VIOLATING, INTER ALIA ... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4(d) IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY, VIOLATING, INTER ALIA ... IN FINDING IT LACKED JURISDICTION TO REVIEW THE CONSTITUTIONALITY OF N.J.S.A. 2C:43-6.4(d) AS APPLIED TO LIPP. POINT II THE TRIAL COURT ... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4(d) IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY, VIOLATING, INTER ALIA ... of a sentence for individuals convicted of certain sex offenses. N.J.S.A. 2C:43-6.4(a); 1 State v. Perez , 220 N.J. 423 , 436 ... conditions as "appropriate to protect the public and foster rehabilitation." N.J.S.A. 2C:43-6.4(b). See J.B. v. N.J. State Parole ...

docket:	a2261-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-23
status:	unpublished
citation:
Document Size:	41310

14 State v. Joseph Schubert, Jr. -- rank: 838

... defendant’s offense, plea, and sentence, community supervision for life, N.J.S.A. 2C:43-6.4, one component of a series of laws that are referred ... remedial, double-jeopardy principles are inapplicable. (pp. 10-11) 3. N.J.S.A. 2C:43-6.4 is punitive. Although the Court previously found that N.J ... shall notify the defendant of the obligation to register.” N.J.S.A. 2C:43-6.4(a), on the other hand, provided at that time that ... for life.” A further indication that the Legislature viewed N.J.S.A. 2C:43-6.4 as punitive is that it is located in the sentencing ... context of a plea withdrawal. (pp. 11-16) 4. Because N.J.S.A. 2C:43-6.4 is punitive, the Court must consider whether the trial court� ... community supervision for life in accordance with the terms of N.J.S.A. 2C:43-6.4. He requested that the trial court review the matter ...

docket:	A-15-11
court:	NJ Supreme Court
decided:	2012-10-22
status:
citation:	212 N.J. 295 53 A.3d 1210
Document Size:	129800

15 /usr/local/share/www/libweb/collections/courts/supreme/a4503-14.opn.html -- rank: 814

... Board), which revoked his parole supervision for life (PSL), see N.J.S.A. 2C:43-6.4, and imposed a fourteen-month term of incarceration. Appellant Richard ... AUTHORITY BY THE LEGISLATURE TO THE STATE PAROLE BOARD UNDER N.J.S.A. 2C:43-6.4 VIOLATES THE SEPARATION OF POWERS DOCTRINE OF THE STATE AND ... THE STATUTORY ENACTMENT FOR PAROLE SUPERVISION FOR LIFE, CODIFIED AT N.J.S.A. 2C:43-6.4, IS UNCONSTITUTIONAL AS IT DENIES THE RIGHT TO A JURY ... 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 OF ... a condition of PSL is charged with a crime under N.J.S.A. 2C:43-6.4(d). Therefore, the Legislature should have placed with the court ... Board the authority to impose additional terms of imprisonment. See N.J.S.A. 2C:43-6.4. We reject all of the arguments advanced under the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	52106

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