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 Results for ("N.J.S.A. 2c:43-6")   1 to 15 of 1054 results. Run time: 0.746 seconds | Search time: 0.739 seconds    
 Page:1 2 3 4 5 6 7 8 9 10 71 Next 15
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:
Document Size: 78294
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: 78544
5 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
6 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:
Document Size: 80991
7 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
8 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
9 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
10 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:
Document Size: 109217
11 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
12 STATE OF NEW JERSEY v. TONY O. BRINSON -- rank: 840
... term sentence and minimum period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(f). 2 A-3235-15T4 Defendant negotiated a plea agreement ... not to request imposition of an extended term sentence under N.J.S.A. 2C:43-6(f). The record shows the parties understood defendant's conviction ... mandatory extended term sentence and period of parole ineligibility under N.J.S.A. 2C:43-6(f). Prior to the entry of defendant's plea, the ... offense subjected him to a mandatory extended term sentence under N.J.S.A. 2C:43-6(f). Defendant's plea form also shows the parties anticipated ... of parole ineligibility for various offenses. Ibid.; see, e.g., N.J.S.A. 2C:43-6(f) (providing for a mandatory extended term sentence and period ... to a mandatory sentence and period of parole ineligibility under N.J.S.A. 2C:43-6(f) only if the State requested an enhanced sentence. ...
docket: a3235-15
court: NJ Superior Court Appellate Division
decided: 2018-01-24
status: unpublished
citation:
Document Size: 58488
13 State v. Joseph Schubert, Jr. -- rank: 840
... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...
docket: A-15-11
court: NJ Supreme Court
decided: 2012-10-22
status:
citation:
Document Size: 129643
14 APPROVED FOR PUBLICATION APPELLATE DIVISION v. F.W January 14, 2016 -- rank: 836
... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...
docket: a1635-13
court: NJ Superior Court Appellate Division
decided: 2016-01-14
status: published
citation:
Document Size: 54368
15 STATE OF NEW JERSEY v. CHARLES BOND -- rank: 824
... 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 ... 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 ... 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 ... GRANTED MR. BOND'S MOTION TO DISMISS THE INDICTMENT BECAUSE N.J.S.A. 2C:43-6.4d IS UNCONSTITUTIONALLY VAGUE. ( U.S. CONST. , AMENDS. IV AND ... 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 ...
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
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