Authorized Sentences & Dispositions
New Jersey Statutes Annotated 2C:43-2: Sentence in accordance with code; authorized dispositions
A court may suspend the imposition of sentence on someone convicted of an offense, or may sentence him as follows:
- To pay a fine or make restitution; or
- To be placed on probation: and
- For a crime, to imprisonment for up to 364 days to be served as a condition of probation; or
- For a disorderly persons offense, to imprisonment for up to 90 days to be served as a condition of probation; or
- To imprisonment for a term authorized by other sentencing statutes; or
- To any combination of fine, restitution, imprisonment, and probation; or
- To release under supervision in the community; or
- To perform community-related service; or
- To a halfway house or other residential facility in the community, including agencies which are not operated by the Department of Human Services; or
- To imprisonment at night or on weekends with liberty to work or to participate in training or educational programs.
If a motor vehicle was used in the course of any crime or offense, the court may:
- Postpone, suspend, or revoke the driver's license, registration certificate, or both of the offender for up to two years.
- The court shall consider the severity of the crime or offense and the potential effect of the loss of driving privileges on the person's ability to be rehabilitated,
instead of or in addition to any other sentence.
If authorized by law, the court may:
- Decree a forfeiture of property;
- Suspend or cancel a license;
- Remove a person from office; or
- Impose any other civil penalty.
When imposing sentence, the court must state on the record:
- Its reasons for imposing the sentence;
- Its findings pursuant to the criteria for withholding or imposing imprisonment or fines;
- Consideration of the defendant's eligibility for release under the law governing parole; and
- The factual basis supporting its findings of particular aggravating or mitigating factors affecting sentence.
The court must explain the parole laws as they apply to the sentence and shall state:
- The approximate time in years and months the defendant will serve in custody before parole eligibility;
- The jail credits or the amount of time the defendant has already served;
- That the defendant may be entitled to good time and work credits; and
- That the defendant may be eligible for participation in the Intensive Supervision Program.
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