Under N.J.S.A. 2C:43-7.2, the No Early Release Act provides that for certain violent crimes there shall be a minimum term of imprisonment of 85% of the sentence imposed. In other words, those convicted of certain violent crimes will be required to serve 85% of the sentence imposed for the offense(s) before they will be eligible for parole on that offense.
1. N.J.S.A. 2C:11-3 – Murder
2. N.J.S.A. 2C:11-4 – Aggravated manslaughter or manslaughter
3. N.J.S.A. 2C:11-5 – Vehicular homicide
4. N.J.S.A. 2C:12-1(b) – Aggravated assault
5. N.J.S.A. 2C:12-11(b) – Disarming a law enforcement officer
6. N.J.S.A. 2C:13-1 – Kidnapping
7. N.J.S.A. 2C:14-2 – Aggravated sexual assault
8. N.J.S.A. 2C:14-2(b), N.J.S.A. 2C:14-2(c)(1) – Sexual Assault
9. N.J.S.A. 2C:15-1 – Robbery
10. N.J.S.A. 2C:15-2 – Carjacking
11. N.J.S.A. 2C:17-1(a)(1) – Aggravated Arson
12. N.J.S.A. 2C:18-2 – Burglary
13. N.J.S.A. 2C:20-5 – Extortion
14. N.J.S.A. 2C:35-4.1 – Booby traps in manufacturing or distributing facilities
15. N.J.S.A. 2C:35-9 – Strict liability for drug induced deaths
16. N.J.S.A. 2C:38-2 – Terrorism
17. N.J.S.A. 2C:38-3 – Producing or possessing chemical weapons, biological agents or nuclear or radiological devices
In addition to the 85%, the court shall also impose a period of parole supervision. Parole supervision commences upon the completion of the sentence of 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. The court will impose a five year term of parole supervision for a first degree crime and a three year term for a second degree crime.
If the offender violates the conditions of their parole supervision, parole may be revoked and the offender may be subject to return to prison to serve all or any portion of the remaining period of parole supervision, even if they have completed serving the term of imprisonment previously imposed.