N.J. Stat. tit. 2C, ch. 44

N.J. Stat. tit. 2C, ch. 44
in effect

N.J. Stat. § 2C:44-1 Criteria, withholding, imposing sentences, imprisonment.

2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances: (1) The nature and circumstances of the offense, and the role of the actor in committing the offense, including whether or not it was committed in an especially heinous, cruel, or depraved manner; (2) The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance; (3) The risk that the defendant will commit another offense; (4) A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30 of this title, or the defendant took advantage of a position of trust or confidence to commit the offense; (5) There is a substantial likelihood that the defendant is involved in organized criminal activity; (6) The extent of the defendant's prior criminal record and the seriousness of the offenses of which the defendant has been convicted; (7) The defendant committed the offense pursuant to an agreement to either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself; (8) The defendant committed the offense against a police or other law enforcement officer, correctional employee, or firefighter, acting in the performance of the officer, employee, or firefighter duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; the defendant committed the offense against a sports official, athletic coach, or manager, acting in or immediately following the performance of the person's duties or because of the person's status as a sports official, coach, or manager; or the defendant committed the offense against any health care professional, volunteer working for a health care professional or working at a health care facility, supportive services staff member working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility, while the health care professional, volunteer, supportive services staff member, or employee is performing official duties. For the purposes of this paragraph, "health care facility" and "health care professional" mean the same as those terms are defined in subsection b. of section 3 of P.L.2023, c.48 (C.2C:12-3.1); (9) The need for deterring the defendant and others from violating the law; (10) The offense involved fraudulent or deceptive practices committed against any department or division of State government; (11) The imposition of a fine, penalty, or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices; (12) The defendant committed the offense against a person who the defendant knew or should have known was 60 years of age or older or disabled; (13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle; (14) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), committed in the presence of a child under 16 years of age; and (15) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), and the defendant committed at least one act of domestic violence on more than one occasion. b. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following mitigating circumstances: (1) The defendant's conduct neither caused nor threatened serious harm; (2) The defendant did not contemplate that the defendant's conduct would cause or threaten serious harm; (3) The defendant acted under a strong provocation; (4) There were substantial grounds tending to excuse or justify the defendant's conduct, though failing to establish a defense; (5) The victim of the defendant's conduct induced or facilitated its commission; (6) The defendant has compensated or will compensate the victim of the defendant's conduct for the damage or injury that the victim sustained, or will participate in a program of community service; (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense; (8) The defendant's conduct was the result of circumstances unlikely to recur; (9) The character and attitude of the defendant indicate that the defendant is unlikely to commit another offense; (10) The defendant is particularly likely to respond affirmatively to probationary treatment; (11) The imprisonment of the defendant would entail excessive hardship to the defendant or the defendant's dependents; (12) The willingness of the defendant to cooperate with law enforcement authorities; (13) The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant; (14) The defendant was under 26 years of age at the time of the commission of the offense; and (15) For an offense other than murder or a crime for which the defendant would be required to register as a sex offender pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2), the defendant’s status as a victim of domestic violence as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or other evidence that the defendant was otherwise subjected to substantial physical, sexual, or psychological abuse, and the domestic violence or abuse was a contributing factor to the defendant’s conviction. The court may find that this factor applies regardless of whether the defendant raised a defense that included the abuse. In addition to any other evidence the court deems appropriate in determining whether this factor applies, the court shall consider all relevant circumstances and shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings. c. (1) A plea of guilty by a defendant or failure to so plead shall not be considered in withholding or imposing a sentence of imprisonment. (2) When imposing a sentence of imprisonment, the court shall consider the defendant's eligibility for release under the law governing parole, including time credits awarded pursuant to Title 30 of the Revised Statutes, in determining the appropriate term of imprisonment. d. Presumption of imprisonment. The court shall deal with a person who has been convicted of a crime of the first or second degree, or a crime of the third degree where the court finds that the aggravating factor in paragraph (5), (14), or (15) of subsection a. of this section applies, by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that the defendant's imprisonment would be a serious injustice which overrides the need to deter such conduct by others. Notwithstanding the provisions of subsection e. of this section, the court shall deal with a person who has been convicted of theft of a motor vehicle or of the unlawful taking of a motor vehicle and who has previously been convicted of either offense by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others. This subsection shall not apply to a person for whom the court finds that the mitigating factor in paragraph (15) of subsection b. of this section applies. e. The court shall deal with a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense, without imposing a sentence of imprisonment unless, having regard to the nature and circumstances of the offense and the history, character, and condition of the defendant, it is of the opinion that imprisonment is necessary for the protection of the public under the criteria set forth in subsection a. of this section, except that this subsection shall not apply if the court finds that the aggravating factor in paragraph (5), (14), or (15) of subsection a. of this section applies or if the person is convicted of any of the following crimes of the third degree: theft of a motor vehicle; unlawful taking of a motor vehicle; eluding; strict liability vehicular homicide pursuant to section 1 of P.L.2017, c.165 (C.2C:11-5.3); if the person is convicted of a crime of the third degree constituting use of a false government document in violation of subsection c. of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the person is convicted of a crime of the third degree constituting distribution, manufacture, or possession of an item containing personal identifying information in violation of subsection b. of section 6 of P.L.2003, c.184 (C.2C:21-17.3); if the person is convicted of a crime of the third or fourth degree constituting bias intimidation in violation of N.J.S.2C:16-1; if the person is convicted of a crime of the third degree under paragraph (12) of subsection b. of N.J.S.2C:12-1 or section 2 of P.L.1997, c.111 (C.2C:12-1.1); or if the person is convicted of a crime of the third or fourth degree under the provisions of section 1 or 2 of P.L.2007, c.341 (C.2C:33-29 or C.2C:33-30). f. (Deleted by amendment, P.L.2025, c.328) g. Imposition of Noncustodial Sentences in Certain Cases. If the court, in considering the aggravating factors set forth in subsection a. of this section, finds the aggravating factor in paragraph (2), (5), (10), or (12) of subsection a. of this section and does not impose a custodial sentence, the court shall specifically place on the record the mitigating factors which justify the imposition of a noncustodial sentence. h. Except as provided in section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of imprisonment as provided in subsection d. of this section shall not preclude the admission of a person to the Intensive Supervision Program, established pursuant to the Rules Governing the Courts of the State of New Jersey. i. Notwithstanding any provision of N.J.S.2C:43-6 or any other provisions of law to the contrary, in sentencing a defendant for whom the court finds that the mitigating factor in paragraph (15) of subsection b. of this section applies, the court may impose sentence as follows: (a) for a crime of the first degree, a term of at least five years but not more than 10 years; (b) for a crime of the second degree, a term of at least three years but not more than five years; (c) for a crime of the third degree, a term of not more than 18 months; (d) for a crime of the fourth degree, a term of not more than six months; and (e) for a non-indictable offense, a sentence of probation or conditional discharge. j. In determining whether the mitigating factor in paragraph (15) of subsection b. of this section applies, the court shall consider all relevant circumstances and shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings and any additional relevant evidence, including, but not limited to: (1) court records; (2) social services records; (3) presentencing reports; (4) hospital records; (5) sworn statements from a witness of the domestic violence who is not the defendant; (6) criminal records; (7) domestic violence incident reports; (8) protective orders; (9) verification of consultation with a licensed medical care provider or mental health care provider; (10) testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, a health care professional, or other professional from whom the person has sought assistance in addressing the trauma associated with being a victim, or a victim of any of the underlying cases for which the defendant is being sentenced; (11) Department of Corrections records; and (12) any other evidence the court deems relevant. amended 1979, c.178, s.93; 1981, c.290, s.40; 1983, c.317, s.1; 1986, c.172, s.4; 1987, c.76, s.36; 1989, c.23, s.4; 1993, c.123, s.1; 1993, c.132, s.1; 1993, c.135; 1995, c.6, s.2; 2001, c.443, s.7; 2003, c.55, s.4; 2003, c.184, s.4; 2007, c.83, s.3; 2007, c.341, s.7; 2010, c.30, s.1; 2015, c.98, s.5; 2017, c.165, s.6; 2020, c.110; 2023, c.48, s.2; 2025, c.328, s.1.

N.J. Stat. § 2C:44-1.1 Certain convictions vacated, expunged.

10. a. (1) A person convicted of an offense or other violation of law, except for murder pursuant to N.J.S.2C:11-3, manslaughter or aggravated manslaughter pursuant to N.J.S.2C:11-4, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child pursuant to N.J.S.2C:13-6, and sexual assault pursuant to N.J.S.2C:14-2, committed as a result of the person's status as a victim of human trafficking as described in section 1 of P.L.2005, c.77 (C.2C:13-8) or 22 U.S.C. s.7102, and which offense was committed as a result of the trafficking scheme or other course of conduct in violation of either of those acts that resulted in the person's victimization, or committed at the direction of an organizer, supervisor, financier, or manager of that scheme or other course of conduct as described in paragraph (2) of subsection a. of section 1 of P.L.2005, c.77 (C.2C:13-8), may file an application with the Superior Court in accordance with the Rules of Court to have each conviction, finding of guilt, or, in the case of an offense committed while a juvenile, adjudication of delinquency vacated at any time following entry of a judgment of conviction, finding of guilt, or adjudication of delinquency. The application shall be made to the Superior Court in the county in which the most recent disposition was adjudged, and may include any other prior disposition which the person is seeking to be vacated, regardless of where that prior disposition occurred. (2) In the same application filed pursuant to paragraph (1) of this subsection, the person may also seek an order for the expungement of any reference to the person's arrest, charge, complaint, conviction, adjudication of delinquency, or other disposition, and any proceeding related thereto in any records in the custody of a court, or law enforcement or correctional agency entitled to be served with the application pursuant to subsection b. of this section. The person may also seek, in a separate application which shall be considered in conjunction with an application filed pursuant to paragraph (1) of this subsection, an order for the expungement of the person's DNA record and other identifiable information from the State DNA Database in accordance with section 9 of P.L.1994, c.136 (C.53:1-20.25). b. (1) (a) Applications made to the Superior Court under this section and all associated supporting documents filed with the applications shall remain under seal and kept confidential, and shall not be disseminated or disclosed, in whole or in part, except to another court, or a law enforcement or correctional agency as set forth in this subparagraph. The application, together with a copy of all supporting documents, shall be served pursuant to the Rules of Court upon: the Attorney General; the county prosecutor of the county wherein the court is located; the Superintendent of State Police; the chief of police or other executive head of the police department of the municipality wherein each offense or other violation of law was committed or alleged to have been committed; the chief law enforcement officer of any other law enforcement agency of this State that participated in the arrest of the person; the superintendent or warden of any institution in which the person was confined; and, if a disposition was made in municipal court, upon the judge of that court. Each recipient of the application and supporting documents shall keep them confidential, shall only use them in a manner consistent with and in furtherance of the purpose for which they were received, and shall not further disseminate or disclose them, in whole or in part, to any party outside of the parties set forth in this subparagraph. (b) Unless a party given notice pursuant to subparagraph (a) of this paragraph files an objection to the application and requests a hearing within 60 days of the date of receipt of the application, the application shall be deemed unopposed and the court may grant the relief sought in accordance with subsections c. and d. of this section. Any objection filed by a noticed party shall not be deemed determinative, and the court may grant relief over any party's objection. (c) When one or more of the convictions sought to be vacated is for a crime of the first or second degree, any victims of these crimes shall be given an opportunity to submit a written statement about the impact of the crime to the court. It shall be the responsibility of the county prosecutor given notice of the application pursuant to subparagraph (a) of this paragraph to make a good faith effort to notify any victim. The prosecutor's office shall have the discretion to waive victim notification in instances when the victim was the trafficker or the notification could endanger the petitioner. (2) With respect to any court appearance by the person concerning the application, if required, the court shall, consistent with the Rules of Court, permit the person to enter an appearance by telephone, video link as approved by the Administrative Office of the Courts, or other approved means of audio or audio and visual communication, unless there is a compelling reason to so deny. c. (1) The court may vacate any conviction, finding of guilt, or adjudication of delinquency pursuant to this section if it finds by a preponderance of the evidence that the person was a victim of human trafficking as described in section 1 of P.L.2005, c.77 (C.2C:13-8) or 22 U.S.C. s.7102, and that the offense or other violation of law to be vacated was a result of the person having been a victim of human trafficking. (2) In making a determination: (a) evidence documenting the person's status as a victim of human trafficking from a federal, state, or local governmental agency shall create a rebuttable presumption that the person's participation in the offense was a result of having been a victim, but shall not be required to vacate a conviction under this section; and (b) the court may additionally consider other evidence it deems appropriate in determining whether the person was a victim of human trafficking, including, but not limited to: (i) certified records of federal or State court proceedings which demonstrate that the defendant was a victim of a trafficker charged with a human trafficking offense under section 1 of P.L.2005, c.77 (C.2C:13-8) or chapter 77 of Title 18 of the United States Code; (ii) certified records of approval notices or law enforcement certifications generated from a federal immigration proceeding available to victims of human trafficking; and (iii) testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a health care or other professional from whom the person has sought assistance in addressing the trauma associated with being a victim of human trafficking. d. If the court finds, pursuant to subsection c. of this section, that the person was a victim of human trafficking, it shall enter an order vacating the conviction, finding of guilt, or adjudication of delinquency and directing that all court records be revised accordingly. When the person's application also seeks an order for expungement, the court order shall require that any court, law enforcement and correctional agency noticed pursuant to subsection b. of this section expunge all references to the person's arrest, charge, complaint, conviction, adjudication of delinquency, or other disposition, and any related proceedings from all records in their custody that relate to the vacated conviction. An expungement ordered pursuant to this section shall have the same force as an expungement ordered pursuant to N.J.S.2C:52-1 et seq. and section 9 of P.L.1994, c.136 (C.53:1-20.25), as applicable. In addition, notwithstanding any law to the contrary, once an order to vacate and expunge has been entered on a conviction, finding of guilt, or adjudication of delinquency for an offense in which the petitioner participated as a result of having been a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or as defined in paragraph (14) of 22 U.S.C. s.7102, the conviction, finding of guilt, or adjudication of delinquency shall not be considered for any purpose except upon order of the court. An order concerning the expungement of the person's DNA record and other identifiable information from the State DNA Database shall require the Division of Criminal Justice in the Department of Law and Public Safety to purge this information in accordance with section 9 of P.L.1994, c.136 (C.53:1-20.25). e. A court that grants relief pursuant to this section may take any additional action as appropriate under the circumstances to carry out the purposes of this section. L.2013, c.51, s.10; amended 2021, c.467.

N.J. Stat. § 2C:44-1.2 Defendants with prior convictions, petition for resentencing.

2. a. A defendant convicted of a crime prior to the effective date of section 2 of P.L.2025, c.328 (C.2C:44-1.2) may petition the court for resentencing in accordance with the provisions of this section, if the defendant: (1) was convicted of a crime, other than murder or a crime for which the defendant would be required to register as a sex offender pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2); (2) is incarcerated in a State correctional facility or county jail, or is otherwise under the custody or supervision of the Department of Corrections; (3) does not have an appeal pending and the time for filing an appeal has expired; (4) has not had their sentence suspended or been paroled or discharged; (5) was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or was otherwise subjected to substantial physical, sexual, or psychological abuse; (6) was convicted of a crime in which the domestic violence or abuse was a contributing factor; and (7) has not been resentenced or previously granted relief under this section. b. A defendant shall be eligible for resentencing pursuant to this section regardless of whether the defendant: (1) raised a defense that included the abuse; or (2) entered a guilty plea prior to the original sentencing. c. Notwithstanding any court rule or any other provision of law to the contrary, the court, upon consideration of a petition filed pursuant to this section, may, in its discretion, modify, reduce, or suspend the sentence, including any minimum or mandatory sentence or a portion of the sentence imposed upon the person. d. If the court determines that a change in the defendant’s original sentence is not warranted, the court shall issue a written order stating the reasons for denying modification. e. A defendant who seeks resentencing shall be represented by the Office of the Public Defender for the purpose of filing a motion under this section, unless the defendant retains other counsel. f. A petition for resentencing pursuant to this section shall include an affidavit setting forth the facts tending to establish that: (1) the defendant was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or has otherwise been subjected to substantial physical, sexual, or psychological abuse; and (2) the domestic violence or abuse was a contributing factor to the defendant’s conviction. g. (1) A motion pursuant to this section shall be filed with the Superior Court in the county where the conviction occurred. A copy of the motion shall be served on the agency that prosecuted the case. (2) The prosecutor shall file any response within 60 days. The court may grant an extension of time for good cause. (3) Except as otherwise provided in paragraph (4) of this subsection, within 30 days of the date of filing of a motion for resentencing pursuant to this section, the court shall set a date for a resentencing hearing to be held within 180 days of the date of filing, unless the court finds that the defendant has not met the requirements for resentencing pursuant to this section, in which case the court shall notify the defendant of any deficiencies in the application and dismiss the petition without prejudice. A resentencing hearing on a motion filed pursuant to this section shall be held in the Superior Court in accordance with the Rules of Court. (4) If the prosecutor does not file a written objection to the motion for resentencing, the defendant’s application shall be deemed unopposed and the court may grant relief without a hearing. Any objection filed by the prosecutor shall not be deemed determinative, and the court may grant relief over an objection. h. The Director of the Administrative Office of the Courts, in consultation with the State Domestic Violence Working Group, shall develop and promulgate a form, which a defendant shall use to initiate an application for resentencing. This form shall be readily available in all State correctional facilities, county jails, and all Superior and municipal courts. The form shall be made available in at least the five most common languages spoken in the State. i. Applications made to the Superior Court under this section and all associated supporting documents filed with the applications shall remain confidential and shall not be disseminated or disclosed publicly, in whole or in part, except to another court, or a law enforcement or correctional agency as required by law, or a victim of any of the underlying cases for which the petitioner is seeking resentencing. The county prosecutor shall immediately notify the victim of an underlying case for which a petitioner is seeking resentencing pursuant to this section. j. At the hearing for resentencing, the court shall determine whether: (1) the defendant was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or was otherwise subjected to substantial physical, sexual, or psychological abuse; (2) the domestic violence or abuse was a contributing factor to the person’s conviction; and (3) the defendant would have been entitled to a reduced sentence pursuant to paragraph (15) of subsection b. of N.J.S.2C:44-1. k. If the court finds by a preponderance of the evidence that the provisions of subsection j. of this section apply, the court shall modify, reduce, or suspend the defendant’s original sentence, including any minimum or mandatory sentence or a portion of the sentence imposed upon the defendant, in accordance with subsection i. of N.J.S.2C:44-1. In calculating the new term to be served by the defendant, the defendant shall be credited for any time served. l. In determining whether the defendant shall be resentenced, the court shall consider all relevant circumstances and shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings, including, but not limited to: (1) the defendant’s affidavit filed pursuant to subsection f. of this section; and (2) any additional relevant evidence, including, but not limited to: (a) court records; (b) social services records; (c) presentencing reports; (d) hospital records; (e) sworn statements from a witness of the domestic violence who is not the defendant; (f) criminal records; (g) domestic violence incident reports; (h) protective orders; (i) verification of consultation with a licensed medical care provider or mental health care provider; (j) testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, a health care professional, or other professional from whom the person has sought assistance in addressing the trauma associated with being a victim, or the victim of any of the underlying cases for which the petitioner is seeking resentencing; and (k) Department of Corrections records, including the institutional record of confinement, which shall include, but not be limited to, any participation in domestic violence awareness, parenting education, substance abuse treatment, and other treatment or programming while incarcerated, as well as the defendant’s disciplinary history; the fact that the defendant was unable to participate in treatment or programming despite a willingness to do so shall not be considered against the defendant; and (l) any other evidence the court deems relevant. m. If the court resentences the defendant pursuant to this section, the sentence shall not become final for 10 days in order to permit the prosecutor to appeal the sentence. n. An appeal may be taken as of right from an order denying the motion for resentencing or from a new sentence imposed pursuant to this section. The appeal may be based on the grounds that the term of the new sentence is unduly harsh or excessive, or that the term of the new sentence is unauthorized as a matter of law. The defendant may request that the court assign a public defender to assist the defendant with the preparation of, and representation in, any proceedings related to an appeal. The public defender shall be assigned pursuant to P.L.1967, c.43 (C.2A:158A-1 et seq.). o. The court shall note in any decision on an application for resentencing pursuant to this section that the application was made and decided pursuant to P.L.2025, c.328 (C. 2C:44-1.2 et al.). p. A defendant may be granted relief only once pursuant to this section. Nothing in this section shall prohibit a defendant from pursuing resentencing under any other provision of Title 2C of the New Jersey Statutes or the Rules of Court. q. The Supreme Court may issue Rules of Court to effectuate the purposes of this section. L.2025, c.328, s.2.

N.J. Stat. § 2C:44-1.3 Notification to eligible incarcerated persons.

3. a. The Commissioner of Corrections shall notify each eligible incarcerated person who was convicted of a crime prior to the effective date of N.J.S.2C:44-1, as amended by P.L.2025, c.328 (C.2C:44-1.2 et al.), and is serving a sentence, of the right to seek resentencing pursuant to section 2 of P.L.2025, c.328 (C. 2C:44-1.2). The commissioner shall also provide the notification to the public defender and the incarcerated person’s attorney, as appropriate. b. The notification shall state that an application for resentencing may be filed by a person: (1) who was convicted of a crime, other than murder or a crime for which the defendant would be required to register as a sex offender pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2); (2) for whom the time for appeal has expired and no appeal is pending; (3) who has not had their sentence suspended or been paroled or discharged; (4) who was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or was otherwise subjected to substantial physical, sexual, or psychological abuse; (5) for whom the domestic violence or abuse was a contributing factor to the person’s conviction; and (6) who has not been resentenced or previously granted relief under this section. L.2025, c.328, s.3.

N.J. Stat. § 2C:44-1.4 Training course, curriculum; report to the Governor and Legislature.

4. a. The Administrative Office of the Courts shall develop and approve a training course and a curriculum to implement the provisions of P.L.2025, c.328 (C.2C:44-1.2 et al.). The training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require. b. The Administrative Office of the Courts shall make the training course, curriculum, and supporting materials available, through annual in-service judicial training programs or other means, to appropriate judges and judicial personnel who may be involved with the court-related aspects of prosecutions of a defendant who may be a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or otherwise was subjected to substantial physical, sexual, or psychological abuse. c. The Administrative Office of the Courts shall report to the Governor and the Legislature annually on the number of applications for resentencing pursuant to P.L.2025, c.328 (C.2C:44-1.2 et al.) that were received, considered, granted, and denied. L.2025, c.328, s.4.

N.J. Stat. § 2C:44-2 Criteria for Imposing Fines and Restitutions

a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if: (1) The defendant has derived a pecuniary gain from the offense or the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender; (2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and (3) The fine will not prevent the defendant from making restitution to the victim of the offense. b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if: (1) The victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and (2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution. c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. (2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant's likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment. d. Nonpayment. When a defendant is sentenced to pay a fine or make restitution, or both, the court shall not impose at the same time an alternative sentence to be served in the event that the fine or restitution is not paid. The response of the court to nonpayment shall be determined only after the fine or restitution has not been paid, as provided in section 2C:46-2. e. Whenever the maximum potential fine which may be imposed on a conviction for an offense defined in the "Comprehensive Drug Reform Act of 1986," N.J.S. 2C:35-1 et al. depends on the street value of the controlled dangerous substance or controlled substance analog involved and the court intends to impose a fine in excess of the maximum ordinary fine applicable to the offense for which defendant was convicted, and where the fine has not been agreed to pursuant to the provisions of N.J.S.2C:35-12, the court at the time of sentence shall determine the street value at the time and place of the offense based on the amount and purity of the controlled dangerous substance or controlled substance analog involved. The sentencing court's finding as to the street value may be based on expert opinion in the form of live testimony or by affidavit, or by such other means as the court deems appropriate. The court's finding as to street value shall not be subject to modification by an appellate court except upon a showing that the finding was totally lacking in support on the record or was arbitrary or capricious. f. The ordering of restitution pursuant to this section shall not operate as a bar to the seeking of civil recovery by the victim based on the incident underlying the criminal conviction. Restitution ordered under this section is to be in addition to any civil remedy which a victim may possess, but any amount due the victim under any civil remedy shall be reduced by the amount ordered under this section to the extent necessary to avoid double compensation for the same loss, and the initial restitution judgment shall remain in full force and effect. L.1978, c.95; amended 1979,c.178,s.94; 1987,c.106,s.15; 1991,c.329,s.6.

N.J. Stat. § 2C:44-3 Criteria for sentence of extended term of imprisonment.

2C:44-3. The court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if it finds one or more of the grounds specified in subsection a., b., c., or f. of this section. If the grounds specified in subsection d. are found, and the person is being sentenced for commission of any of the offenses enumerated in subsection c. or g. of N.J.S.2C:43-6, the court shall sentence the defendant to an extended term as required by subsection c. or g. of N.J.S.2C:43-6, and application by the prosecutor shall not be required. The court shall, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 to an extended term of imprisonment if the grounds specified in subsection g. of this section are found. The court shall, upon application of the prosecuting attorney, sentence a person to an extended term if the imposition of such term is required pursuant to the provisions of section 2 of P.L.1994, c.130 (C.2C:43-6.4). The finding of the court shall be incorporated in the record. a. The defendant has been convicted of a crime of the first, second or third degree and is a persistent offender. A persistent offender is a person who at the time of the commission of the crime is 21 years of age or over, who has been previously convicted on at least two separate occasions of two crimes, committed at different times, when he was at least 18 years of age, if the latest in time of these crimes or the date of the defendant's last release from confinement, whichever is later, is within 10 years of the date of the crime for which the defendant is being sentenced. b. The defendant has been convicted of a crime of the first, second or third degree and is a professional criminal. A professional criminal is a person who committed a crime as part of a continuing criminal activity in concert with two or more persons, and the circumstances of the crime show he has knowingly devoted himself to criminal activity as a major source of livelihood. c. The defendant has been convicted of a crime of the first, second or third degree and committed the crime as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value the amount of which was unrelated to the proceeds of the crime or he procured the commission of the offense by payment or promise of payment of anything of pecuniary value. d. Second offender with a firearm. The defendant is at least 18 years of age and has been previously convicted of any of the following crimes: N.J.S.2C:11-3, N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of P.L.2024, c.83 (C.2C:18-2.1), N.J.S.2C:29-5, subsection a. of N.J.S.2C:39-4, or has been previously convicted of an offense under Title 2A of the New Jersey Statutes or under any statute of the United States or any other state which is substantially equivalent to the offenses enumerated in this subsection and he used or possessed a firearm, as defined in N.J.S.2C:39-1, in the course of committing or attempting to commit any of these crimes, including the immediate flight therefrom. e. (Deleted by amendment, P.L.2001, c.443). f. The defendant has been convicted of a crime under any of the following sections: N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of P.L.2024, c.83 (C.2C:18-2.1), section 2 of P.L.2024, c.83 (C.2C:18-2.2), subsection b. of N.J.S.2C:29-2, N.J.S.2C:29-5, N.J.S.2C:35-5, and in the course of committing or attempting to commit the crime, including the immediate flight therefrom, the defendant used or was in possession of a stolen motor vehicle. g. The defendant has been convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 involving violence or the threat of violence and the victim of the crime was 16 years of age or less. For purposes of this subsection, a crime involves violence or the threat of violence if the victim sustains serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon or threatens by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict serious bodily injury. h. (Deleted by amendment, P.L.2007, c.341). Amended 1979, c.178, s.95; 1981, c.31, s.3; 1990, c.32, s.8; 1990, c.87, s.4; 1993, c.132, s.2; 1994, c.127, s.2; 1994, c.130, s.4; 1995, c.211, s.3; 1997, c.120; 1999, c.160, s.4; 2001, c.443, s.8; 2007, c.341, s.8; 2024, c.83, s.9.

N.J. Stat. § 2C:44-4 Definition of prior conviction; conviction in another jurisdiction; proof of prior conviction

2C:44-4. Definition of Prior Conviction; Conviction in Another Jurisdiction; Proof of Prior Conviction. a. Prior conviction of an offense. An adjudication by a court of competent jurisdiction that the defendant committed an offense constitutes a prior conviction. b. Prior conviction of a crime. An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a prior conviction, although sentence or the execution thereof was suspended, provided that the time to appeal has expired and that the defendant was not pardoned on the ground of innocence. c. Prior conviction in another jurisdiction. A conviction in another jurisdiction shall constitute a prior conviction of a crime if a sentence of imprisonment in excess of one year was authorized under the law of the other jurisdiction. d. Proof of prior conviction. Any prior conviction may be proved by any evidence, including fingerprint records made in connection with arrest, conviction or imprisonment, that reasonably satisfies the court that the defendant was convicted. L.1978, c. 95, s. 2C:44-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 96, eff. Sept. 1, 1979; 2021, c.298, s.2.

N.J. Stat. § 2C:44-5 Multiple sentences; concurrent and consecutive terms.

2C:44-5. Multiple Sentences; Concurrent and Consecutive Terms. a. Sentences of imprisonment for more than one offense. When multiple sentences of imprisonment are imposed on a defendant for more than one offense, including an offense for which a previous suspended sentence or sentence of probation has been revoked, such multiple sentences shall run concurrently or consecutively as the court determines at the time of sentence, except that: (1) The aggregate of consecutive terms to a county institution shall not exceed 18 months; and (2) Not more than one sentence for an extended term shall be imposed. There shall be no overall outer limit on the cumulation of consecutive sentences for multiple offenses. b. Sentences of imprisonment imposed at different times. When a defendant who has previously been sentenced to imprisonment is subsequently sentenced to another term for an offense committed prior to the former sentence, other than an offense committed while in custody: (1) The multiple sentences imposed shall so far as possible conform to subsection a. of this section; and (2) Whether the court determines that the terms shall run concurrently or consecutively, the defendant shall be credited with time served in imprisonment on the prior sentence in determining the permissible aggregate length of the term or terms remaining to be served; and (3) When a new sentence is imposed on a prisoner who is on parole, the balance of the parole term on the former sentence shall not be deemed to run during the period of the new imprisonment unless the court determines otherwise at the time of sentencing. c. Sentence of imprisonment for offense committed while on parole. When a defendant is sentenced to imprisonment for an offense committed while on parole in this State, such term of imprisonment and any period of reimprisonment that the parole board may require the defendant to serve upon the revocation of his parole shall run consecutively unless the court orders these sentences to run concurrently. d. Multiple sentences of imprisonment in other cases. Except as otherwise provided in this section, multiple terms of imprisonment shall run concurrently or consecutively as the court determines when the second or subsequent sentence is imposed. e. Calculation of concurrent and consecutive terms of imprisonment. (1) When terms of imprisonment run concurrently, the shorter terms merge in and are satisfied by discharge of the longest term. (2) When terms of imprisonment run consecutively, the terms are added to arrive at an aggregate term to be served equal to the sum of all terms. f. Suspension of sentence or probation and imprisonment; multiple terms of suspension and probation. When a defendant is sentenced for more than one offense or a defendant already under sentence is sentenced for another offense committed prior to the former sentence: (1) The court shall not sentence to probation a defendant who is under sentence of imprisonment, except as authorized by paragraph (2) of subsection b. of N.J.S.2C:43-2; (2) Multiple periods of suspension or probation shall run consecutively, unless the court orders these sentences to run concurrently from the date of the first such disposition; (3) When a sentence of imprisonment in excess of one year is imposed, the service of such sentence shall satisfy a suspended sentence on another count or prior suspended sentence or sentence to probation, unless the suspended sentence or probation has been violated in which case any imprisonment for the violation shall run consecutively; and (4) When a sentence of imprisonment of one year or less is imposed, the period of a suspended sentence on another count or a prior suspended sentence or sentence to probation shall run during the period of such imprisonment, unless the suspended sentence or probation has been violated in which case any imprisonment for the violation shall run consecutively. g. Offense committed while under suspension of sentence or probation. When a defendant is convicted of an offense committed while under suspension of sentence or on probation and such suspension or probation is not revoked: (1) If the defendant is sentenced to imprisonment in excess of one year, the service of such sentence shall not satisfy the prior suspended sentence or sentence to probation, unless the court determines otherwise at the time of sentencing; (2) If the defendant is sentenced to imprisonment of one year or less, the period of the suspension or probation shall not run during the period of such imprisonment; and (3) If sentence is suspended or the defendant is sentenced to probation, the period of such suspension or probation shall run concurrently with or consecutively to the remainder of the prior periods, as the court determines at the time of sentence. h. Offense committed while released pending disposition of a previous offense. When a defendant is sentenced to imprisonment for an offense committed while released, with or without bail, pending disposition of a previous offense, the term of imprisonment shall run consecutively to any sentence of imprisonment imposed for the previous offense, unless the court, in consideration of the character and conditions of the defendant, finds that imposition of consecutive sentences would be a serious injustice which overrides the need to deter such conduct by others. i. Sentence of imprisonment for assault on corrections employee. Any term of imprisonment imposed on an inmate of a State or county correctional facility for an assault on a Department of Corrections employee, an employee of a county correctional facility, an employee of a State juvenile facility or a county juvenile detention facility, county sheriff's department employee or any State, county or municipal law enforcement officer while in the performance of his duties shall run consecutively to any term of imprisonment currently being served and to any other term imposed for any other offense committed at the time of the assault. L.1978, c.95; amended 1979, c.178, s.97; 1983, c.462; 1993, c.160; 1993, c.223; 2001, c.16.

N.J. Stat. § 2C:44-5.1 Penalties for committing certain offenses while released on bail, own recognizance increased.

1. a. A person who has been convicted under subsection a. of N.J.S.2C:39-4 of possession of a firearm with intent to use it unlawfully against the person of another; or a crime under N.J.S.2C:11-3; N.J.S.2C:11-4; N.J.S.2C:13-1; subsection a. of N.J.S.2C:14-2; subsection a. of N.J.S.2C:14-3; N.J.S.2C:15-1; N.J.S.2C:18-2 if the burglary is a crime of the second degree or the structure was adapted for overnight accommodation of persons; or a crime of the first, second or third degree under subsection b. of N.J.S.2C:12-1; shall be sentenced to an extended term of imprisonment pursuant to the provisions of N.J.S.2C:43-7 and shall be subject to double the fine authorized for that crime under the provisions of N.J.S.2C:43-3 if, at the time of the commission of the crime, the defendant was released on bail or on his own recognizance for one of the enumerated crimes and was convicted of that crime. b. The court shall not impose a sentence of imprisonment pursuant to this section unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against the defendant and to offer evidence upon the issue. L.1997,c.410,s.1.

N.J. Stat. § 2C:44-6 Procedure on sentence; presentence investigation and report.

2C:44-6. Procedure on sentence; presentence investigation and report. a. The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation when required by the Rules of Court. The court may order a presentence investigation in any other case. b. The presentence investigation shall include an analysis of the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, family situation, financial resources, including whether or not the defendant is an enrollee or covered person under a health insurance contract, policy or plan, debts, including any amount owed for a fine, assessment or restitution ordered in accordance with the provisions of Title 2C, any obligation of child support including any child support delinquencies, employment history, personal habits, the disposition of any charge made against any codefendants, the defendant's history of civil commitment, any disposition which arose out of charges suspended pursuant to N.J.S.2C:4-6 including the records of the disposition of those charges and any acquittal by reason of insanity pursuant to N.J.S.2C:4-1, and any other matters that the probation officer deems relevant or the court directs to be included. The defendant shall disclose any information concerning any history of civil commitment. The report shall also include a medical history of the defendant and a complete psychological evaluation of the defendant in any case in which the defendant is being sentenced for a first or second degree crime involving violence and: (1) the defendant has a prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant to N.J.S.2C:4-6; or (2) the defendant has a prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of the third degree pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10); or (3) the defendant has a prior diagnosis of psychosis. The court, in its discretion and considering all the appropriate circumstances, may waive the medical history and psychological examination in any case in which a term of imprisonment including a period of parole ineligibility is imposed. In any case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a child; N.J.S.2C:18-3, criminal trespass, where the trespass was committed in a school building or on school property; section 1 of P.L.1993, c.291 (C.2C:13-6), attempting to lure or entice a child with purpose to commit a criminal offense; section 1 of P.L.1992, c.209 (C.2C:12-10), stalking; or N.J.S.2C:13-1, kidnapping, where the victim of the offense is a child under the age of 18, the investigation shall include a report on the defendant's mental condition. The presentence investigation shall also include information regarding the defendant's history of substance use disorder and substance use disorder treatment, if any, including whether the defendant has sought treatment in the past. If any of the factors listed in subsection b. of section 1 of P.L.2012, c.23 (C.2C:35-14.1) apply, the presentence report shall also include consideration of whether the defendant may be a person with a substance use disorder as defined in N.J.S.2C:35-2. The presentence investigation shall include an analysis of whether the defendant should be required to submit to a professional diagnostic assessment within the meaning of paragraph (1) of subsection a. of N.J.S.2C:35-14 in any case where: the defendant may be a person with a substance use disorder as defined in N.J.S.2C:35-2; the defendant is eligible to be considered for a sentence to special probation pursuant to N.J.S.2C:35-14; and the court has not already ordered the defendant to submit to any such diagnostic assessment in regard to the pending matter. The presentence report shall also include a report on any compensation paid by the Victims of Crime Compensation Agency as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within 20 days of notification by the probation department. The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance. c. If, after the presentence investigation, the court desires additional information concerning an offender convicted of an offense before imposing sentence, it may order any additional psychological or medical testing of the defendant. d. Disclosure of any presentence investigation report or psychiatric examination report shall be in accordance with law and the Rules of Court, except that information concerning the defendant's financial resources shall be made available upon request to the Victims of Crime Compensation Agency or to any officer authorized under the provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an assessment, restitution or fine and that information concerning the defendant's coverage under any health insurance contract, policy or plan shall be made available, as appropriate to the Commissioner of Corrections and to the chief administrative officer of a county jail in accordance with the provisions of P.L.1995, c.254 (C.30:7E-1 et al.). e. The court shall not impose a sentence of imprisonment for an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue. f. (Deleted by amendment, P.L.1986, c.85). amended 1981, c.481, s.1; 1983, c.317, s.2; 1986, c.85, s.1; 1991, c.329, s.7; 1994, c.92; 1995, c.254, s.7; 1996, c.39, s.2; 1997, c.216, s.2; 2009, c.328, s.2; 2012, c.23, s.6; 2023, c.177, s.10.

N.J. Stat. § 2C:44-6.1 Defendant liable for cost of psychological evaluation; rules, regulations.

4. a. A defendant who is required to submit to a psychological evaluation pursuant to the provisions of N.J.S.2C:44-6 shall be liable for the cost of such evaluation. If the defendant is an enrollee or a covered person under a health insurance contract, policy or plan, the Administrative Office of the Courts shall file a claim with the health insurance contract, policy or plan for a reimbursement of the costs of the psychological evaluation. The claim shall be filed in accordance with the rules and regulations promulgated pursuant to subsection b. of this section. The reimbursement authorized under this section shall be payable to the Administrative Office of the Courts and shall be used exclusively for the purpose of defraying the costs incurred for the psychological evaluation. b. The Commissioner of the Department of Banking and Insurance, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this section. c. In the event that a defendant is not covered under a health insurance contract, policy or plan, or if the defendant's insurance contract, policy or plan does not fully cover the costs of the psychological evaluation, a lien may be filed for any unpaid amounts due and payable on any and all property and income to which the defendant shall have or may acquire an interest. Any lien filed shall be in accordance with the rules and regulations promulgated pursuant to subsection b. of this section. L.1997,c.216,s.4.

N.J. Stat. § 2C:44-6.2 Person sentenced to incarceration, care and custody of minor child.

1. a. In any case in which a person has been convicted of a crime for which the person will be incarcerated, the court shall order, as part of the presentence investigation required pursuant to N.J.S.2C:44-6, that a determination be made as to whether the person is the sole caretaker of a minor child and, if so, who will assume responsibility for the child's care and custody during the period the person is incarcerated. b. If the determination is made that the person is the sole caretaker of the child, the presentence investigation shall also include: (1) verification that the person who will be responsible for the child's care and custody during the period of incarceration has agreed to assume responsibility for the child's care and custody; (2) an inquiry as to the willingness of the person to assume responsibility for the child's care and custody during the period of incarceration; and (3) a PROMIS/GAVEL network check, juvenile central registry check, and domestic violence central registry check on the person who will be responsible for the child's care and custody during the period of incarceration and on any adult and juvenile over 12 years of age in the person's household. c. The court shall provide the information compiled pursuant to subsection b. of this section, from the presentence investigation, to the Division of Child Protection and Permanency in the Department of Children and Families. L.2003, c.301, s.1; amended 2006, c.47, s.28; 2012, c.16, s.10.

N.J. Stat. § 2C:44-6.3 Report of persons convicted of certain crimes residing with minor children.

3. a. In any case in which a person has been convicted of a crime enumerated in subsection b. of this section and: (1) the victim of the crime was either a person under the age of 18 at the time of the commission of the crime or a person defined in paragraph (9) of subsection b. of this section; and (2) the person convicted of the crime resides in a household with other minor children or is a parent of a minor child, the court, based on an interview with the defendant, shall make a referral to the Division of Child Protection and Permanency in the Department of Children and Families and provide the division with the name and address of the person convicted of the crime, information on the person's criminal history, and the name and address of each child referred to in paragraph (2) of this subsection. b. For purposes of this section, "crime" includes any of the following: (1) murder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4; (2) simple assault or aggravated assault pursuant to N.J.S.2C:12-1; (3) stalking pursuant to P.L.1992, c.209 (C.2C:12-10); (4) terrorist threats pursuant to N.J.S.2C:12-3; (5) kidnapping and related offenses including criminal restraint; false imprisonment; interference with custody; criminal coercion; or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6; (6) sexual assault, criminal sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4; (7) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage, which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2; (8) a crime against a child, including endangering the welfare of a child and any crime involving child sexual abuse or exploitation material pursuant to N.J.S.2C:24-4, or child abuse, neglect, or abandonment pursuant to R.S.9:6-3; (9) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7 or endangering the welfare of an elderly or disabled person pursuant to N.J.S.2C:24-8; (10) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.); or (11) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (10) of this subsection. L.2003, c.301, s.3; amended 2006, c.47, s.29; 2012, c.16, s.11; 2024, c.92, s.7.

N.J. Stat. § 2C:44-6.4 Rules of Court.

5. The Supreme Court of the State of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of sections 1 and 3 of this act. L.2003,c.301,s.5.

N.J. Stat. § 2C:44-7 Appellate review of actions of sentencing court

Any action taken by the court in imposing sentence shall be subject to review by an appellate court. The court shall specifically have the authority to review findings of fact by the sentencing court in support of its findings of aggravating and mitigating circumstances and to modify the defendant's sentence upon his application where such findings are not fairly supported on the record before the trial court. L.1978, c. 95, s. 2C:44-7, eff. Sept. 1, 1979.

N.J. Stat. § 2C:44-8 Convicted defendants, prior restrictions continued.

3. When a defendant is found guilty of a sex offense, the court may, at the time of sentencing and in addition to any other disposition authorized by law, order the continuation of a prior order or condition of bail that restricts the defendant's contact with the victim, or enter an order imposing such restrictions at the time of sentencing. In addition to restricting a defendant's contact with the victim, the court may enter an order: a. restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members; b. restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim; c. prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L.1992, c.209 (C.2C:12-10); d. providing for any other appropriate restraints necessary to protect the victim. L.2007, c.133, s.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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