Monthly Archives: February 2015

ICYMI – Jail & ONLY Jail for 2C:40-26

ICYMI (In Case You Missed It)…
February 5, 2015 – 11:24 a.m. — On Wednesday, the Appellate Division ruled that SLAP, home confinement and other alternative programs are illegal in cases involving 2C:40-26. Those sentences may only served in jail.

State v. Harris – Driving on the revoked list under NJSA 2C:40-26

“Because N.J.S.A. 2C:40-26c requires a “fixed minimum sentence of not less than 180 days” without parole eligibility for violations of N.J.S.A. 2C:40-26b, a sentence to a non-custodial “alternative program,” instead of jail, is plainly illegal. We therefore reverse the sentences imposed upon Harris, [and all the other defendants in this appeal], who were convicted of violating N.J.S.A. 2C:40-26b, and remand to the Law Division to re-sentence each defendant to 180 days to be served in jail without eligibility for parole.”

Click here to read the PDF of the opinion on the judiciary’s website.