Rule 3:21-10. Reduction or Change of Sentence

Rule 3:21-10. Reduction or Change of Sentence
(a) Time. Except as provided in paragraph (b) hereof, a motion to reduce or change
a sentence shall be filed not later than 60 days after the date of the judgment of conviction.
The court may reduce or change a sentence, either on motion or on its own initiative, by
order entered within 75 days from the date of the judgment of conviction and not
thereafter.
(b) Exceptions. A motion may be filed and an order may be entered at any time (1)
changing a custodial sentence to permit entry of the defendant into a custodial or noncustodial treatment or rehabilitation program for drug or alcohol abuse, or (2) amending a
custodial sentence to permit the release of a defendant because of illness or infirmity of
the defendant, or (3) changing a sentence for good cause shown upon the joint application
of the defendant and prosecuting attorney, or (4) changing a sentence as authorized by
the Code of Criminal Justice, or (5) correcting a sentence not authorized by law including
the Code of Criminal Justice, or (6) changing a custodial sentence to permit entry into the
Intensive Supervision Program, or (7) changing or reducing a sentence when a prior
conviction has been reversed on appeal or vacated by collateral attack.
(c) Procedure. A motion filed pursuant to paragraph (b) hereof shall be
accompanied by supporting affidavits and such other documents and papers as set forth
the basis for the relief sought. A hearing need not be conducted on a motion filed under
paragraph (b) hereof unless the court, after review of the material submitted with the
motion papers, concludes that a hearing is required in the interest of justice. All changes of
sentence shall be made in open court upon notice to the defendant and the prosecutor. An
appropriate order setting forth the revised sentence and specifying the change made and
the reasons therefor shall be entered on the record. On any motion filed pursuant to this
rule, upon a showing of good cause, the court may assign the Office of the Public
Defender to represent the defendant.
(d) Consideration During Appeal. Notwithstanding R. 2:9-1(a), the trial court may
reconsider a sentence pursuant to this Rule during the pendency of an appeal upon notice
to the Appellate Division.
(e) Intensive Supervision. Motions for change of custodial sentence and entry into
the Intensive Supervision Program, as provided for in paragraph (b) of this rule, shall be
addressed entirely to the sound discretion of the two-judge panel assigned to hear them.
Because of the nature of the program, there shall be no administrative or judicial review at
the several levels of eligibility established under the program. No further appellate review
of the panel's substantive decision shall be afforded. The two-judge panel shall have the
authority to resentence offenders, in accordance with applicable statutes, in the event they
fail to perform satisfactorily following entry into the program.
Note: Source -- R.R. 3:7-13(a)(b); paragraph (b) amended and redesignated as (c) and new
paragraph (b) adopted July 17, 1975 to be effective September 8, 1975; paragraph (b) amended August 28,
1979 to be effective September 1, 1979; new paragraph (d) adopted July 16, 1981 to be effective September
14, 1981; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (b) amended
and paragraph (e) adopted July 22, 1983 to be effective September 12, 1983; paragraph (c) amended July
13, 1994 to be effective January 1, 1995; paragraph (b) amended June 28, 1996 to be effective September
1, 1996; paragraphs (b) and (c) amended July 16, 2009 to be effective September 1, 2009; paragraph (e)
amended October 3, 2018 to be effective immediately