What is the Intensive Supervision Program in NJ?
The Intensive Supervision Program, often referred to as “ISP” is a form of parole in New Jersey. It in essence allows for certain individuals to be placed on an alternative, intermediate form of community-based correctional supervision, thus giving them the ability to serve part of their original sentence outside of the traditional New Jersey prison setting. Typically, when an individual is seeking to be released from prison on parole, a certain time period must elapse before an application to the parole board can be made. Provided the original sentence was classified as a “flat sentence” and not subject to the No Early Release Act, the Graves Act or Brimage, in other words, it was not subject to a parole ineligibility period, the individual normally must wait till at least 1/3 of their sentence elapses before the parole board will entertain their application. However, an ISP application can be made much earlier, usually within the first three (3) to six (6) months depending on the underlying sentence.
Need Lawyer for ISP Hearing in Monmouth County NJ
As you can tell from above, ISP could be a tremendous opportunity for certain individuals who unfortunately found themselves in a bad situation. However, this program is not available to everyone and to be enrolled, an individual must not only satisfy certain conditions but also must convince the ISP board that they deserve this opportunity. If you or a loved one is seeking to make application into the intensive supervision program in New Jersey, the Keith Oliver Criminal Law can help. To set up a free initial consultation today, please contact our office today at 732.858.6959. One of our attorneys will be glad to go over the specific facts surrounding your case and we will give you our honest feedback on whether or not ISP is a viable option. Although our main office is located in Monmouth County, we have several offices throughout the State and we have helped those gain admission into ISP in various counties throughout the State as well. This program can be of a tremendous benefit to those looking to get their lives back on track.
Who is Eligible for ISP in New Jersey?
Ordinarily, for an individual to be considered for the intensive supervision program in New Jersey they must have been convicted of a non-violent offense and sentenced to a term of incarceration, those sentenced to a county jail term will not be eligible. However, a conviction for a violent offense is not an absolute bar on admission into the program. Each persons application will be reviewed on an individualized basis and the underlying facts and circumstances of the case will be taken into consideration as well.
Who is Barred from ISP?
Anyone convicted of a first degree crime or a crime that requires a parole ineligibility period will automatically be barred from the ISP program. Some of the most common parole ineligibility crimes include but are not limited to:
- Unlawful Possession of a Weapon
- 2nd Degree Aggravated Assault
- Aggravated Sexual Assault
- Possession of a Weapon for Unlawful Purpose
If the individual is convicted of a second degree crime they are still technically eligible for ISP but the county prosecutor’s office will be asked to give their opinion on the applicant. If the prosecutor objects to the individual’s application, the program will typically require that the applicant serve at least six months and be within nine months of their release date before they will be considered for the program. With that being said, requesting that the prosecutor’s office does not object could be negotiated during the initial plea bargaining process and often is.
Common Case that are Accepted into ISP
Some of the most common criminal convictions that individuals have when they gain admission onto the intensive supervision program in New Jersey include but are not limited to the following:
- Heroin Possession
- Marijuana Distribution
- Theft by Deception
- Aggravated Assault
What Happens During the ISP Application?
An individual seeking admission into the program must first file an application. This application will require the individual to indicate where and who they will be living with as well as the underlying conviction and the sentence imposed. Once the application is received, the case will assigned to an investigator, who will be in charge of interviewing the applicant. During the interview, the applicant will be asked a series of questions, which will include giving information about the original offense and why they wish to seek admission into the program. The investigator will then present the information to a screening board who will then make a determination on whether or not individual will be a good candidate for ISP. If recommended, the individual will then be scheduled to go before the re-sentencing panel, which is comprised of three judge. It is during this hearing that the ultimate decision will be made on whether or not the individual is accepted into ISP or sent back to prison. If granted, the individual will be released on the spot from custody.
Looking for ISP Attorney in Monmouth County NJ
If you or a loved one is seeking to gain admission into the intensive supervision program in New Jersey, we strongly urge that you contact an experienced criminal defense attorney to understand your options. An experienced criminal defense attorney can help guide the applicant throughout the process, including arguing on their behalf during their hearing. To set up a free initial consultation today with one of our New Jersey criminal defense attorneys, then please contact our office at 732.858.6959 or you can try contacting us online. This can be a long process, please do not make the mistake of not seeking proper legal counsel. A denial will almost certainly assure that the individual will be required to do their full sentence.