NJ Commission to Review Criminal Sentecing Banner
May 25, 2006

CALENDAR:      The next meeting will take place on Thursday, June 22, 2006, at 10:00 a.m. at 44 South Clinton Avenue, Trenton (3 Station Plaza) in the Commission’s Office, Room 314.
This meeting will be closed.

New Jersey Sentencing News

May 24, 2006
Bridgeton News
Bill Will Strengthen Michael's Law

May 23, 2006
Package of Bills Targets Gangs

May 23, 2006
The Star Ledger
Editorial: A Flaw In Megan's Law

May 21, 2006
New York Times
A Bleeding City, Seeking More Than A Band-Aid

May 21, 2006
Star Ledger
Bill Would Bar Sex Offenders From Internet

May 19, 2006
Trenton Times
Editorial: Drug-Free Zones’ Unequal Impact

May 17, 2006
Star Ledger
Sex Offender Must Tell Date’s Parents

May 16, 2006
Star Ledger
Grieving Families Urge Tougher Law For Killers of Children

May 14, 2006
Star Ledger
Case Shows Cracks in Death Penalty System

May 13, 2006
Start Ledger
Prosecutor Won’t Retry Penalty Phase of Marshall Case

May 12, 2006
Trenton Times
Get-Tough Measures Target Gangs

May 4, 2006
Camden County Drug Court Markes 10th Year

May 3, 2006
Camden County Drug Court Hailed As A Success

National Sentencing News

May 21, 2006
Associated Press
Number of U.S. Inmates Rises Two Percent

May 17, 2006
Retribution Without Cruelty: The Supreme Court Considers An Eighth Amendment Challenge to Lethal Injections

May 15, 2006
Giving The Victims A Voice In Court

May 14, 2006
What Happened To The Gangs Of New Orleans

May 8, 2006
Growing Old Behind Bars: Aging Inmates Raises Questions From Health Care to Whether They Should Be Sprung

May 6, 2006
Barely Lethal: How Both Sides Have Staked Out the Worst Position In The Lethal Injection Fight

May 3, 2006
Wall Street Journal Online
Trapped By Rules, The Mentally Ill Languish In Prison

Document Library

Drug Policy

General Sentencing Policy



Recent Sentencing Decisions

New Jersey

State v. John H. McKeon, Jr., __ N.J.Super. __ (App. Div. 2006)
Docket No. A-5658-04T1
In this appeal, the Appellate Division concluded that a defendant may not be excluded,
pursuant to N.J.S.A. 2C:43-12g, from entry into a pretrial intervention program (PTI) solely
because he previously received the benefit of a supervisory treatment program, or its equivalent, in another state when charged with an offense that would not have been a crime in this State.

State In the Interest of D.A., __ N.J. Super. __ (App. Div. 2006)
Docket No. A-5450-03T4

Held: In this appeal, the Appellate Division affirmed the trial court’s. imposition of
a special condition of probation requiring the juvenile to disclose his status as a Megan's Law
offender to the parents of any girl he dates. The juvenile was adjudicated delinquent of an offense that required registration pursuant to N.J.S.A. 2C:7-2 to -5 (Megan's Law). The Appellate Division specifically held that the special condition was consistent with the Code of Juvenile Justice and did not violate the limited disclosure provision of the Code. The Court also held that the special condition did not usurp the Megan's Law tier classification system.

State v. Heriberto Soto, __ N.J. Super. __ (App. Div. 2006)
Docket. No. A-2637-03T4

In this appeal, the Appellate Division upheld the constitutionality of N.J.S.A. 2C:39-4.1d,
the anti-merger statute. Thus, defendant’s convictions for possession of drugs with intent to
distribute within 1,000 feet of a school and possession of a firearm while in the course of
committing a school-zone drug offense did not merge.

State v. Heriberto Soto, __ N.J. Super. __ (App. Div. 2006)
Docket No. A-2638-03T4

In this appeal, the Appellate Division upheld defendant’s eighteen- month
sentence imposed in accordance with a negotiated plea agreement. Under that agreement, defendant entered a plea of guilty to one count of fourth degree aggravated assault. The Appellate Division rejected defendant’s claim that his sentence, the maximum which could be
imposed for a fourth-degree crime, ran afoul of the Sixth Amendment and the holdings of State v. Natale and Blakely v. Washington. The Court concluded that by agreeing to a plea agreement
containing a sentencing recommendation of eighteen months with an equivalent parole
disqualifier, rather than proceeding to trial, defendant waived any objection that the sentence
was excessive or otherwise constitutionally infirm. In addition, the Appellate Division vacated
the trial court’s imposition of the eighteen-month period of parole ineligibility, concluding
that it was illegal under N.J.S.A. 2C:43-6(b), which specifies that a discretionary period of parole ineligibility may not exceed one-half the term of incarceration. Notably, the Court did not reference N.J.S.A. 2C:43-6c, the “Graves Act,” which compels the imposition of a parole
ineligibility period of eighteen months in the case of a fourth-degree crime where the defendant
possessed a firearm during the commission of the crime.

NJ Commission to Review Criminal Sentencing | PO Box 095 | Trenton, NJ 08625-0095
Tel: 609.341.2813 | Fax: 609.341.2816 | Email: bennett.barlyn@lps.state.nj.us