New Jersey Section 2C:43-10 – Place of imprisonment; beginning sentences; transfers

New Jersey Law on Place of Imprisonment and Beginning Sentences

New Jersey law has specific rules on where people sentenced to prison will serve their time. Section 2C:43-10 of the New Jersey Code of Criminal Justice covers the place of imprisonment and beginning sentences for people convicted of crimes in New Jersey. This law also allows for the transfer of inmates between different correctional facilities.

Where Defendants Will Serve Their Sentence

People sentenced to imprisonment for a term of 1 year or longer will serve their time in a state correctional facility. The Commissioner of Corrections determines which facility a defendant will go to. Defendants with sentences under 1 year will serve their time in the county jail or workhouse of the county where they were convicted.

If a defendant is under 21 years old when sentenced, they may serve their time at a youth correctional facility instead of state prison. This depends on age, term of sentence, and the availability of space at youth facilities.

Beginning the Sentence

A sentence of imprisonment starts on the date it is imposed by the court, unless the court orders a later date for the sentence to begin. Defendants get credit toward their sentence for any time spent in custody prior to sentencing. This includes time spent in jail unable to make bail before trial and during trial.

If a defendant appeals their conviction, they may apply to the court to be released on bail during the appeal. If released, the sentence does not start until the appeal finishes. If bail is denied, the sentence starts from the date imposed even though the appeal is pending.

Transfers Between Facilities

The Commissioner of Corrections has authority to transfer inmates between state correctional facilities as needed. The Commissioner can also authorize county jails, workhouses, and youth facilities to transfer inmates between them.

Transfers may happen if an inmate needs particular services, for discipline, for the safety of inmates or staff, or for the efficient operation of the facilities. Inmates do not have a right to be housed in a particular facility.

Exceptions and Special Cases

There are some exceptions to the general rules on place of imprisonment.

• Defendants with very short sentences under 60 days will usually not go to prison. The court can order probation or time served instead.
• The Intensive Supervision Program allows certain non-violent offenders to serve their sentence in the community instead of prison.
• Some inmates with serious medical conditions can apply to the court to serve their sentence at a hospital, hospice, or long-term care facility instead of prison.
• Female inmates who are pregnant or postpartum may be housed in alternative facilities than the general prison population.
• Inmates who need psychiatric treatment may be transferred to the Adult Diagnostic and Treatment Center.

Implications of the Law

Section 2C:43-10 brings consistency in where and when sentences are served. It prevents courts from sending inmates to unsuitable facilities. The law also gives corrections officials flexibility to manage the prison population and provide appropriate services.

Offenders don’t have control over where they serve their time or get transferred to. While sometimes necessary, transfers can be disruptive and make rehabilitation more difficult. Inmates lose access to programs, services and support systems when moved.

Alternative housing for inmates with medical needs or who are pregnant recognizes their unique situations. But these accommodations are still very limited in New Jersey’s prison system.

Overall the law aims to promote public safety and rehabilitation through sensible prison policies. But much depends on its fair implementation by corrections officials and availability of resources. Reasonable reforms could improve outcomes for offenders transitioning back to the community.