New Jersey Section 2C:35-14.2 – Sentence of special probation for certain defendants.
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New Jersey’s Special Probation Law for Drug Offenders
New Jersey has a pretty unique law called Section 2C:35-14.2 that allows some drug offenders to get probation instead of jail time. It’s kind of complicated how it works, but basically it gives judges another option besides just locking people up. The law’s been around for a while now, so let’s take a look at what it does, who’s eligible, and some of the debates around it.
What the Law Actually Says
So Section 2C:35-14.2 is part of New Jersey’s overall drug laws under Title 2C, Chapter 35. It allows judges to sentence certain drug offenders to a special term of probation instead of prison. The probation lasts between 1-3 years, and has a bunch of conditions like submitting to drug tests, doing treatment, staying employed, etc. It’s supposed to give people a chance to get their lives together without just throwing them in jail right away.The law says the probation is only for defendants facing charges for simple possession, or possession with intent to distribute less than 1 ounce of drugs like heroin, cocaine, meth, LSD, etc. It doesn’t apply to marijuana possession. Defendants can’t have any prior drug distribution convictions or any violent crime convictions. So it’s really aimed at low-level, non-violent drug users and dealers.The judge has to tell the defendant that if they violate probation, they’ll get sentenced to prison for between 3-5 years depending on the original charge. The sentence can’t be reduced or suspended. So it’s meant to give people a chance, but also motivate them to take it seriously.
Breaking Down How It Works
Let’s look at a quick example to see how it works…Say Bob gets arrested for having a few baggies of cocaine in his car. The prosecutor charges him with “possession with intent to distribute.”At trial, Bob’s lawyer argues he qualifies for the special probation under 2C:35-14.2. The judge agrees that Bob’s record is clean enough, so instead of jail, Bob gets 1 year of special probation.Bob has to report to his probation officer, submit to random drug tests, go to counseling, stay employed, etc. As long as Bob follows the rules, after 1 year his probation will end and he avoids having a criminal record.But if Bob messes up and tests positive for drugs, or gets arrested again, the judge can give him 3-5 years in prison based on the original charge. So it’s like a second chance, but with some serious motivation not to screw it up.
The Debate Around It
Like most laws, there’s a lot of debate around whether this statute is good policy or not. Supporters say it gives people a chance to rehabilitate and avoid the collateral consequences of imprisonment. But critics say it’s too soft on drug crimes and doesn’t deter future offenses.Groups like the ACLU argue that special probation gets people into treatment programs rather than just locking them up where their addictions often get worse. They say it saves taxpayer money compared to imprisonment too. They point out that other states like California have similar diversion programs that have been successful.But some prosecutors and law enforcement groups oppose the law, saying it basically decriminalizes drug crimes. They think locking up dealers and users is the best way to combat the opioid crisis. Some judges have also complained that the mandatory 3-5 year sentence if probation is violated leaves them without enough discretion.So like a lot of criminal justice reforms, reasonable people can disagree on whether this policy strikes the right balance. But after being in effect for over 15 years now, the special probation law seems firmly established in New Jersey’s sentencing options for drug defendants.
Specific Requirements of the Probation
The special probation under 2C:35-14.2 isn’t easy. To avoid jail time, defendants really have to work hard and follow all the rules. The law lays out all the different requirements they must comply with. Let’s take a look at some of the highlights:
- Random drug testing – This is a big one. Defendants have to submit to random urine tests and drug screens. Failing a drug test is an automatic probation violation.
- Drug counseling / treatment – Based on an evaluation, defendants are required to participate in outpatient or residential drug treatment programs. This aims to address the root causes of addiction.
- Reporting to a probation officer – Defendants have to check in regularly with their probation officer, who monitors their compliance. Missing appointments can lead to violations.
- Maintaining employment – The law says defendants must try to secure employment, vocational training, or schooling. The idea is to create stability and accountability.
- Paying fines – Courts can impose fines and penalties as part of the probation. Defendants have to pay them or risk violations.
- Staying arrest-free – Any new arrest can count as a probation violation and land the defendant in prison on the original charge. So they have to avoid any criminal activity.
- Regular court appearances – Judges do periodic reviews to check on the defendant’s progress. If they’ve messed up, the judge can toss them in jail.
So it’s definitely not an easy out. The threat of 3-5 years in prison is real if defendants don’t take the probation seriously. For many, it represents their last chance to avoid serious time behind bars.
What Happens If You Violate the Probation?
Given how strict all the conditions are, you might be wondering what happens if you slip up. Unfortunately the law is pretty rigid here – any violation means the defendant gets sentenced to a mandatory prison term of 3-5 years.Let’s say Bob from our earlier example messes up and tests positive for cocaine. Or what if he gets arrested for shoplifting during his probation?In either case, Bob would be hauled back before the judge who gave him the special probation. The law says the judge now must sentence Bob to at least 3 years in prison on his original drug distribution charge.The judge has no discretion to reinstate probation, give a lighter sentence, or let Bob off with a warning. Violating the special probation means automatic jail time. The whole point was to give Bob a chance to avoid prison – so if he messes that up, the hammer comes down.Some legal advocates have criticized this mandatory sentencing provision. They say judges should have more flexibility to decide appropriate punishments based on the seriousness of the violation. But under the current law, any slip up while on special drug probation means heading to prison for a few years.
Should You Accept the Special Probation?
For drug offenders who qualify, deciding whether to accept the offer of special probation instead of regular sentencing can be a tough call. There are good reasons to accept it, but also some risks. Let’s quickly run through some pros and cons:Pros:
- Avoid jail time and a criminal record if completed successfully
- Chance to get drug treatment and turn your life around
- Allowed to keep working and living normally in society
- Taxpayers save money compared to imprisonment
Cons:
- Strict rules and close monitoring for 1-3 years
- One slip up results in mandatory multi-year prison sentence
- Possibility of heavier penalty than a normal plea deal
- Requirements like treatment and fines can be burdensome
There are decent arguments on both sides. Each defendant’s situation is different too. But many attorneys advise that special probation is worth it if their client is ready to take their recovery seriously. Completing the program successfully lets them wipe the slate clean and move forward with a second chance.
The Bottom Line
At the end of the day, New Jersey’s special probation law for drug offenders remains controversial but firmly entrenched. Many see it as a progressive reform that gives people a shot at rehabilitation. Others think it’s too soft on crime and sends the wrong message.But for eligible defendants faced with prison time, it represents one of the only ways in New Jersey to avoid a criminal record and get their lives back – if they can manage to buckle down and complete their probation term successfully. It’s a unique approach that will likely continue sparking debate between supporters of treatment versus traditional law enforcement.