7:9-1. Sentence

7:9-1. Sentence

(a) Imposition of Sentence; Bail; Conditions of Release. If the defendant has
been convicted of or pleaded guilty to a non-indictable offense, sentence shall be
imposed immediately, unless the court postpones sentencing in order to obtain a
presentence report or for other good cause. Pending sentence, the court may commit
the defendant, or establish, continue, or modify monetary bail, or continue or modify
conditions of release as appropriate. Before imposing sentence the court shall afford the
defendant and defense counsel an opportunity to make a statement on defendant's
behalf and to present any information in mitigation of punishment. Where a sentence
has been opened and vacated, the defendant shall be resentenced immediately, except
where a new trial is granted.

(b) Statement of Reasons – Criminal Code Cases. In disorderly and petty
disorderly cases and indictable fourth degree cases within the jurisdiction of the
municipal court, at the time sentence is imposed the court shall state its reasons for
imposing the sentence, including its findings respecting the criteria prescribed by
N.J.S.A. 2C:44-1 to 2C:44-3 for withholding or imposing imprisonment, fines or
restitution and pursuant to N.J.S.A. 2C:51-2 for ordering or denying forfeiture of public
office, position, or employment. The court shall also state its factual basis for its finding
of particular aggravating or mitigating factors affecting sentence.

(c) Statement of Reasons – Non-Criminal Code Cases. In non-criminal code
cases involving a consequence of magnitude, at the time the sentence is imposed the
court shall state its reasons for imposing sentence, including the findings for withholding
or imposing imprisonment, driver’s license suspension, fines, or restitution.

(d) Probation. The court, at the time of sentencing, shall inform a defendant
sentenced to probation of the penalties that may be imposed upon revocation of
probation for failure to adhere to the conditions of probation.

(e) Probation and Suspended Sentence. After conviction, unless otherwise
provided by law, the court may suspend the imposition of a sentence or place the
defendant on probation. The order shall require the defendant to comply with standard
conditions of probation adopted by the court and filed with the municipal court
administrator, as well as such special conditions, including a term of imprisonment
pursuant to N.J.S.A. 2C:45-1(c), as the court imposes. As a condition of probation the
court may also impose a term of community-related service to be performed by the
defendant under such terms and conditions as the court may determine. A copy of the
order, together with the standard and special conditions, shall be furnished to the
defendant and read and explained to the defendant by the probation officer. The
defendant and the probation officer shall sign a joint statement, to be filed with the
municipal court administrator, as to the officer's compliance with the reading and
explanation requirements of this rule. If the defendant refuses to sign the statement, the
defendant shall be resentenced. At any time before termination of the period of
suspension or probation, the court may revoke a suspension or probation pursuant to
N.J.S.A. 2C:45-3.

Note: Source-Paragraph (a): R. (1969) 7:4-6(a); paragraph (b): R. (1969) 7:4-6(c); paragraph (c): R.
(1969) 3:21-4(c); paragraph (d): R. (1969) 7:4-6(e) and R. (1969) 3:21-7. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (b) caption and text amended, new paragraph (c) adopted, former paragraphs (c) and (d) redesignated as paragraphs (d) and (e) July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017.