06/17/14 STATE VS. ADAMS
A-1640-12T4
Defendant was arrested for
a new crime while participating in
the Intensive Supervision Program (ISP) following modification of a custodial
sentence on a prior conviction to permit that participation. R. 3:21-10(b)(6). The
precise question presented is whether defendant is entitled to jail credits
pursuant to Rule 3:21-8 against the sentence for the new crime from the date of
his arrest for that crime until the date he was either sentenced by the judge
for the new crime or resentenced by the three- judge ISP panel for
"fail[ure] to perform satisfactorily following entry into" ISP, R.
3:21-10(e). We conclude that a defendant in this circumstance is entitled to
jail credits for days in confinement from the date of arrest to the date the
first sentence is imposed.
Our decision is informed by State v. Hernandez, 208 N.J. 24 (2011), which deals
with jail credits involving multiple charges, R. 3:21-8;
N.J.S.A. 2C:44-5(b). And it is informed by State v.
DiAngelo, 434 N.J. Super. 443 (App. Div. 2014), which applies
Hernandez in a case involving resentencing for a violation of
probation.
