2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3, or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time the defendant completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:
(1) N.J.S.2C:11-3, murder;
(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;
(3) N.J.S.2C:11-5, vehicular homicide;
(4) subsection b. of N.J.S.2C:12-1, aggravated assault;
(5) subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer;
(6) N.J.S.2C:13-1, kidnapping;
(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;
(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;
(9) N.J.S.2C:15-1, robbery;
(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;
(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;
(12) N.J.S.2C:18-2, burglary;
(13) subsection a. of N.J.S.2C:20-5, extortion;
(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;
(15) N.J.S.2C:35-9, strict liability for drug induced deaths;
(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;
(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;
(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree;
(19) subsection i. of N.J.S.2C:39-9, firearms trafficking;
(20) paragraph (3) of subsection b. of N.J.S.2C:24-4, causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance;
(21) section 1 of P.L.2024, c.83 (C.2C:18-2.1), home invasion burglary; or
(22) section 2 of P.L.2024, c.83 (C.2C:18-2.2), residential burglary.
e. (Deleted by amendment, P.L.2001, c.129).
Notes of Decisions
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
· cites it 26× “The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
State v. Locane, 184 A.3d 495 (N.J. Super. Ct. App. Div. 2018).
· cites it 3× “Prior to the sentence date, defendant voluntarily reported to the county jail and was therefore in custody when sentenced.”
State v. Rasul McNeil-Thomas (080758) (Essex Cnty. & Statewide), 209 A.3d 845 (N.J. 2019).
· cites it 2× “Defendant was sentenced to serve two consecutive terms of thirty years of imprisonment, with a period of parole ineligibility of eighty-five percent under the No Early Release Act, N.J.S.A. 2C:43-7.2. The Appellate Division reversed defendant’s convictions and remanded for a new…”
State v. Rene M. Rodriguez (081046) (Camden Cnty. & Statewide), 207 A.3d 1269 (N.J. 2019).
· cites it 3× “2001), which require periods of parole disqualification to be served before any release from custody for offenses subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The State concludes by taking issue with the Appellate Division's application of Silva .”
Owens v. Armstrong, 171 F. Supp. 3d 316 (D.N.J. 2016).
· cites it 2× “He pled guilty to an offered eighteen years with a thirty-five percent parole disqualifier under New Jersey’s No Early Release Act, N.J. Stat. Ann. § 2C:43-7.2. (Docket Entry 3 ¶ 16).”
State v. Prall, 177 A.3d 755 (N.J. 2018).
“The jury returned a guilty verdict on all counts, and the court sentenced defendant to an aggregate term of life plus twenty years in prison—life for John’s murder, plus twenty years for defendant’s attempted murder of Kimberly—with an eighty-five *579 percent period of parole…”
State of New Jersey v. Gary Twiggs, 135 A.3d 981 (N.J. Super. Ct. App. Div. 2016).
· cites it 4× “In Rumblin, our Supreme Court explained how provisions of N.J.S.A. 2C:43-7.2 (the No Early Release Act (NERA)) interacted with accomplice liability provisions in our criminal code.”
State of New Jersey v. Donnell W. Ancrum, 159 A.3d 433 (N.J. Super. Ct. App. Div. 2017).
· cites it 4× “Section a(7) prohibits a sentence of special probation if a defendant was previously convicted of certain crimes, including 4 Pursuant to N.J.S.A. 2C:43-7.2(a), NERA's parole ineligibility periods apply to first- and second-degree crimes, including robbery and burglary.”
State v. J.L.G., 190 A.3d 442 (N.J. 2018).
“Verdict and Appellate History The jury convicted defendant of all four counts. Defendant was sentenced to an aggregate term of twenty-three years in prison, subject to an eighty-five percent period of parole ineligibility on the aggravated sexual assault count.”
State v. Jones, 180 A.3d 288 (N.J. 2018).
“The court sentenced defendant to fifteen years' imprisonment for first-degree armed robbery, subject to an eighty-five percent parole ineligibility period pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2(a), and five years' parole supervision.”
State v. Anthony K. Cole (076255) (Middlesex & Statewide), 163 A.3d 302 (N.J. 2017).
“The trial court sentenced defendant to an aggregate term of incarceration of twenty-six and a half years, subject to eighty-five percent parole ineligibility in accordance with the No Early Release Act, N.J.S.A. 2C:43-7.2(a). Defendant appealed his conviction and sentence.”
State v. Twiggs, 187 A.3d 123 (N.J. 2018).
“The Rumblin Court concluded that the term "actor" was synonymous with "principal" and "accomplice" for purposes of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. 166 N.J. at 555 -56 , 766 A.”
— N.J. Stat. § 2C:43-7.2(a) — 73 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
State v. Jones, 180 A.3d 288 (N.J. 2018).
“The court sentenced defendant to fifteen years' imprisonment for first-degree armed robbery, subject to an eighty-five percent parole ineligibility period pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2(a), and five years' parole supervision.”
State v. Anthony K. Cole (076255) (Middlesex & Statewide), 163 A.3d 302 (N.J. 2017).
“The trial court sentenced defendant to an aggregate term of incarceration of twenty-six and a half years, subject to eighty-five percent parole ineligibility in accordance with the No Early Release Act, N.J.S.A. 2C:43-7.2(a). Defendant appealed his conviction and sentence.”
— N.J. Stat. § 2C:43-7.2(b) — 18 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
— N.J. Stat. § 2C:43-7.2(c) — 20 cases
— N.J. Stat. § 2C:43-7.2(d) — 26 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
State v. Locane, 184 A.3d 495 (N.J. Super. Ct. App. Div. 2018).
“Prior to the sentence date, defendant voluntarily reported to the county jail and was therefore in custody when sentenced.”
State of New Jersey v. Gary Twiggs, 135 A.3d 981 (N.J. Super. Ct. App. Div. 2016).
“In Rumblin, our Supreme Court explained how provisions of N.J.S.A. 2C:43-7.2 (the No Early Release Act (NERA)) interacted with accomplice liability provisions in our criminal code.”
State of New Jersey v. Donnell W. Ancrum, 159 A.3d 433 (N.J. Super. Ct. App. Div. 2017).
“Section a(7) prohibits a sentence of special probation if a defendant was previously convicted of certain crimes, including 4 Pursuant to N.J.S.A. 2C:43-7.2(a), NERA's parole ineligibility periods apply to first- and second-degree crimes, including robbery and burglary.”
— N.J. Stat. § 2C:43-7.2(d)(1) — 7 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
— N.J. Stat. § 2C:43-7.2(d)(10) — 1 case
— N.J. Stat. § 2C:43-7.2(d)(11) — 1 case
— N.J. Stat. § 2C:43-7.2(d)(12) — 1 case
— N.J. Stat. § 2C:43-7.2(d)(13) — 1 case
— N.J. Stat. § 2C:43-7.2(d)(14) — 1 case
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
— N.J. Stat. § 2C:43-7.2(d)(18) — 2 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
— N.J. Stat. § 2C:43-7.2(d)(2) — 9 cases
— N.J. Stat. § 2C:43-7.2(d)(3) — 2 cases
State v. Locane, 184 A.3d 495 (N.J. Super. Ct. App. Div. 2018).
“Prior to the sentence date, defendant voluntarily reported to the county jail and was therefore in custody when sentenced.”
— N.J. Stat. § 2C:43-7.2(d)(4) — 6 cases
— N.J. Stat. § 2C:43-7.2(d)(5) — 1 case
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
— N.J. Stat. § 2C:43-7.2(d)(7) — 4 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
— N.J. Stat. § 2C:43-7.2(d)(8) — 3 cases
State of New Jersey v. Keith Drake, 132 A.3d 1270 (N.J. Super. Ct. App. Div. 2016).
“The court imposed a minimum term of 85% of the sentence, and a three-year term of parole supervision, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a motion to correct an illegal sentence, asserting that NERA only applies to second- degree…”
— N.J. Stat. § 2C:43-7.2(d)(9) — 3 cases
State of New Jersey v. Donnell W. Ancrum, 159 A.3d 433 (N.J. Super. Ct. App. Div. 2017).
“Section a(7) prohibits a sentence of special probation if a defendant was previously convicted of certain crimes, including 4 Pursuant to N.J.S.A. 2C:43-7.2(a), NERA's parole ineligibility periods apply to first- and second-degree crimes, including robbery and burglary.”
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