Intensive Supervision Program
New Jersey Criminal Defense LawyersThe Intensive Supervision Program or ISP New Jersey court program that allows certain offenders sentenced to prison to be released back into the community much earlier than their parole eligibility date. As the name indicates, the program is very intense; much more so than probation. From Morris County to Mercer County, our attorneys can represent you with regard to an ISP application no matter what county you were sentenced in. If you are planning on hiring an attorney to represent you, set it up with him or her before you are sentenced to prison as it can be difficult to retain an attorney while you are in prison. EligibilityTo be considered for entry into ISP, an inmate must have been convicted of a non-violent offense and be sentenced to a state prison term. However, those applicants with an aggravated assault conviction are not automatically denied but will be closely reviewed to determine the eligibility of the applicant. Second degree offenses are eligible; however, the Prosecutor's Office is solicited for their opinion of the applicant. If they object, the applicant must serve a minimum of six months and be within nine months of parole before they are released into ISP. Thus, working out a plea deal where the Prosecutor agrees not to object will serve the applicant well. Offenders with a parole stipulation can apply, however, you must first complete the stipulation before you can receive a court date for the ISP program. Thus, the program recommends waiting until four months before your parole eligibility date to apply. Ineligible offendersOffenders convicted of first degree crimes, murder, robbery, or any sexual offense are automatically denied from participating in ISP. Those who are not committed to a state prison, have pending charges, or have a mandatory parole ineligibility are also denied from the participating in the program. Finally, ISP is a one shot deal, so prior ISP participants cannot apply a second time. Requirements & recommendations:
Most participants have sponsors because they are a crucial part of the case plan. Applicants who do not have a place to stay must be placed in alternative housing and thus, do not have sponsors. Sponsors are developed through the alternative housing, employees and AA/NA sponsors.
Almost all applicants are represented by a private attorney or a Public Defender if they qualify. Only on rare cases will the Resentencing Panel allow the applicant to go Pro Se (they represent themselves). The program does not recommend this approach.
The program prefers applicants to have their own living arrangements. However, the program does place applicants in shelters or halfway houses according to availability of space.
Since there is no provision for transferring supervision outside of New Jersey, applicants must live in New Jersey.
While the cost of Supervision Fee is initially a minimum of $1000, the Resentencing Panel can set the fee at any level based on your ability to pay up to $9,000. The Application Process
Step 1: The Application The first step is completing an application consisting of personal and criminal history identification information. An inmate must identify a Community Sponsor and Network Team to act as his support system in the community. Step 2: Assessment Interview and Report Based on the potential living arrangement indicated on the application, the applicant is assigned to a region. Upon receipt of the application, the Regional Office will obtain a copy of the Judgment of Conviction and Pre Sentence Report. Thus, it is important for the attorney that represents the applicant at sentencing to not only get the sentencing judge to recommend entry into ISP, but to note same in the Judgment of Conviction. After a review, the Regional Office may send the application to the development stage or refer the case to the Screening Board for further review. The Screening Board can deny the case or recommend the case to proceed to the development stage. Once the case goes into the development stage, it is assigned to a regional investigator. The investigator interviews the applicant in prison. During this interview, biographical data, information on the applicant's version of the current offense, his reasoning for wanting ISP, future plans/goals, and any potential problems is collected. The investigator also collects information on the applicant's planned living arrangements, community sponsors and /or network team members. All information gathered by the investigator is complied into an Assessment Report. Throughout the investigative process, input from the sentencing judge, prosecutor, victim, pre-sentencing report writer, previous probation/parole officer, and the Chief of Police of the applicant's potential town of residence are solicited. The Assessment Report and the responses received from those solicited are forwarded to the Screening Board. Step 3: The Screening Board The Screening Board, which is composed of an administrator from the Department of Corrections, an administrator from ISP and one community member, reviews the Assessment Report and any input from those involved with the offense. If deemed eligible, the applicant is interviewed by the Screening Board. During this interview, the applicant's sincerity and motivation is assessed. The Screening Board can either deny the applicant at this stage or recommend the applicant goes before the Re-sentencing Panel. However, an applicant must serve a minimum of 60 days incarceration, before being seen by the Resentencing Panel. Step 4: The Re-sentencing Panel The Re-sentencing Panel, which consists of three judges, makes the final decision after taking everything into consideration. The applicant is either released for a 90-day trial period in the program or denied and sent back to prison Length of supervisionIf the applicant's sentence is five years or less, the ISP supervision is for a minimum of sixteen months. For a six to seven year sentence it is a minimum of eighteen months minimum. An eight to ten year sentence carries a minimum period of twenty months. Although a ten to twenty year sentence is rare with ISP, the minimum is twenty-two months. Keep in mind that the actual number of months served may vary depending on numerous circumstances. However, the maximum period of supervision in any case is five years. |
