South Jersey Laws
Consecutive or Concurrent Sentences of Imprisonment
New Jersey Statutes Annotated 2C:44-5: Multiple Sentences; Concurrent and Consecutive Terms


Sentencing for more than one crime or offense
When multiple sentences of imprisonment are imposed on a defendant for more than one offense, the court will determine at the time of sentencing whether the sentences shall run concurrently or consecutively:

  • Consecutive terms to a county institution cannot exceed 18 months; and
  • Not more than one sentence can be for an extended term.

Crimes committed before a term of imprisonment for a different crime was served
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):
    • The defendant will be credited with time served on the prior sentence in determining the permissible aggregate length of the term or terms remaining to be served; and
    • When a new sentence is imposed on a prisoner who is on parole, the balance of the parole term on the former sentence will not run concurrently during the period of the new imprisonment, unless the court determines otherwise at the time of sentencing.
Crimes committed while on parole
  • A sentence of imprisonment for an offense committed while on parole in New Jersey; and
  • Any period of reimprisonment that the parole board may require the defendant to serve upon the revocation of his parole;
Will run consecutively unless the court orders these sentences to run concurrently.

Other multiple sentences of imprisonment

  • The court determines when a second or subsequent sentence is imposed whether the sentences shall run concurrently or consecutively.

Calculation of concurrent and consecutive terms of imprisonment

  • When terms of imprisonment run concurrently, the shorter terms merge in and are satisfied by discharge of the longest term.
  • 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.

Suspended sentences 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:
    • The court shall not sentence to probation a defendant who is under sentence of imprisonment;
    • Multiple periods of suspension or probation run consecutively, unless the court orders these sentences to run concurrently;
    • When a sentence of imprisonment longer than 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
    • 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.

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:
  • If the defendant is sentenced to imprisonment longer than 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;
  • 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 imprisonment; and
  • If sentence is suspended or the defendant is sentenced to probation, the court will determine at the time of sentencing whether the suspension or probation shall run concurrently with or consecutively to the remainder of the prior periods.

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, considering the defendant’s character and conditions, believes that consecutive sentences would be a serious injustice which overrides the need to deter such conduct by others.
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