STATE OF NEW JERSEY VS. ANTHONY F. STALTER
A-5674-12T4
The Law Division denied defendant's request for jail credits based on his time at a residential treatment program, which was a condition of his sentence of probation as a Track 2 participant in Drug Court. We affirmed, determining that only a Track 1 participant is eligible for jail credit under those circumstances. N.J.S.A. 2C:35-14(f)(4) provides that Drug Court defendants subject to a presumption of incarceration, who are assigned to Track 1 and must be sentenced to "special probation," are entitled to receive jail credit for such participation. However, they are also subject to prosecution for escape if they leave the program without permission. N.J.S.A. 2C:35-14(d). Track 2 defendants are sentenced to general probation, N.J.S.A. 2C:45-2, and are not subject to prosecution for escape if they leave a residential program without permission. N.J.S.A. 2C:35-14 does not apply to them and Rule 3:21-8 does not provide for jail credits under those
conditions, absent unusual circumstances not present in this case. State v. Reyes, 207 N.J. Super. 126, 141-43 (App. Div.), certif. denied, 103 N.J. 499 (1986).
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