Extended Terms of Sentencing
New Jersey Statutes Annotated-2C:43-7: Sentence of imprisonment for crime; extended terms
In the cases designated in section 2C:44-3, (criteria for sentence of extended term imprisonment), a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c. 130 (C.2C:43-6.4) (Person under minimum mandatory sentence for possession of firearm with intent to use against property of another; review of sentence; imposition of other sentence), in subsection b. of section 2 of P.L.1995, c. 126 (C.2C:43-7.1) (persistent offenders, sentencing) and in the cases designated in section 1 of P.L.1997, c. 410 (C. 2C:44-5.1), (Crimes committed while released on bail; sentence enhancement), a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows:
- In a case of aggravated manslaughter or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; (kidnapping) or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g. of N.J.S.2C:44-3 (criteria for extended term of imprisonment), the term of years shall be between 30 years and life imprisonment;
- Except for the crime of murder and except as provided above, in the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 20 years and life imprisonment;
- In the case of a crime of the second degree, for a term which shall be fixed by the court between 10 and 20 years;
- In the case of a crime of the third degree, for a term which shall be fixed by the court between five and 10 years;
- In the case of a crime of the fourth degree pursuant to 2C:43-6c. (Sentence of imprisonment for crime; ordinary terms; mandatory terms), 2C:44- 3d., 2C:44-3e. (Criteria for Sentence of Extended Term of Imprisonment) for a term of five years, and in the case of a crime of the fourth degree pursuant to 2C:43-6f. and 2C:43-6g, for a term which shall be fixed by the court between three and five years;
- In the case of the crime of murder, for a specific term of years which shall be fixed by the court between 35 years and life imprisonment, of which the defendant shall serve 35 years before being eligible for parole;
- In the case of kidnapping under paragraph (2) of subsection c. of 2C:13-1, (kidnapping) for a specific term of years which shall be fixed by the court between 30 years and life imprisonment, of which the defendant shall serve 30 years before being eligible for parole.
- As part of a sentence for an extended term and notwithstanding the provisions of 2C:43-9 (Release of all offenders; length of recommitment and reparole after revocation of parole), the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a. during which the defendant shall not be eligible for parole or a term of 25 years during which time the defendant shall not be eligible for parole where the sentence imposed was life imprisonment; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole.
- In the case of a person sentenced to an extended term pursuant to 2C:43- 6c., 2C:43-6f. and 2C:44-3d.,(see above), the court shall impose a sentence within the ranges permitted by 2C:43-7a.(2), (3), (4) or (5) (see above) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall, except as may be specifically provided by N.J.S.2C:43-6f., be fixed at or between one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted for a violation of N.J.S.2C:35-3, (leader of narcotics trafficking network), the term of parole ineligibility shall be 30 years.
- In the case of a person sentenced to an extended term pursuant to N.J.S.2C:43-6g., the court shall impose a sentence within the ranges permitted by N.J.S.2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall be fixed at 15 years for a crime of the first or second degree, eight years for a crime of the third degree, or five years for a crime of the fourth degree during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted of a violation of N.J.S.2C:35- 3, the term of parole eligibility shall be 30 years.
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