Rule 3:21-4. Sentence
(a) Imposition of Sentence; Conditions of Release. Sentence shall be imposed
without unreasonable delay. Pending sentence the court may commit the defendant or
continue, impose or alter the conditions of release, regardless of whether the defendant is
an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq.
(b) Presence of Defendant; Statement. Sentence shall not be imposed unless the
defendant is present or has filed a written waiver of the right to be present. Before
imposing sentence the court shall address the defendant personally and ask the defendant
if he or she wishes to make a statement in his or her own behalf and to present any
information in mitigation of punishment. The defendant may answer personally or by his or
her attorney.
(c) Sentence to Probation. The court, at time of sentence, shall inform defendants
sentenced to probation what penalties might be imposed on revocation should they not
adhere to the conditions of their probation.
(d) Extradition. Nothing herein contained shall be construed as affecting the
provisions of N.J.S. 2A:160-5 (relating to extradition) or the power of the court to
resentence a defendant after reversal of the judgment by reason of error in the sentence.
(e) Extended or Enhanced Term of Imprisonment; Sentence Pursuant to N.J.S.A.
2C:35-8. A motion pursuant to N.J.S.A. 2C:44-3 or N.J.S.A. 2C:43-6(f) for the imposition of
an extended term of imprisonment, or a motion for enhanced sentence pursuant to
N.J.S.A. 2C:35-8, shall be filed with the court by the prosecutor within 14 days of the entry
of the defendant's guilty plea or the return of the verdict. Where the defendant is pleading
guilty pursuant to a negotiated disposition, the prosecutor shall make the motion at or prior
to the plea. If the negotiated disposition includes the recommendation of an extended term,
the prosecutor's oral notice and the recordation of the extended term exposure in the plea
form completed by defendant and reviewed on the record shall serve as the State's
motion. For good cause shown the court may extend the time for filing the motion. The
sentence shall include a determination as to whether the defendant was convicted and
sentenced to an extended term of imprisonment as provided in N.J.S.A. 2C:43-7, 2C:44-3
and 2C:44-6(e), N.J.S.A. 2C:43-6(f) or whether the defendant was being sentenced
pursuant to N.J.S.A. 2C:35-8, and the commitment or order of sentence which directs the
defendant's confinement shall so specify.
(f) Sentence Pursuant to N.J.S.A. 2C:43-7.1, 2C:43-7.2, or 2C:44-5.1. A notice to
impose sentence pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1 shall be
filed with the court and served upon the defendant by the prosecutor within 14 days of the
entry of the defendant's guilty plea or return of the verdict. Where the defendant is
pleading guilty pursuant to a negotiated disposition, the prosecutor shall file and serve the
notice at or prior to the plea. If the negotiated disposition includes the recommendation of
an extended term, the prosecutor's oral notice and the recordation of the extended term
exposure in the plea form completed by defendant and reviewed on the record shall serve
as the State's notice. For good cause shown the court may extend the time for filing the
notice. The sentence shall include a determination as to whether the defendant was
convicted and sentenced pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1
and the judgment and commitment shall so specify.
(g) Reasons for Sentence. At the time sentence is imposed the judge shall state
reasons for imposing such sentence including findings pursuant to the criteria for
withholding or imposing imprisonment or fines under N.J.S.A. 2C:44-1 to 2C:44-3; the
factual basis supporting a finding of particular aggravating or mitigating factors affecting
sentence; and, if applicable, the reasons for ordering forfeiture of public office, position or
employment, pursuant to N.J.S.A. 2C:51-2.
(h) Notification of Right to Appeal and to File Petitions for Post-Conviction Relief.
After imposing sentence, whether following the defendant's plea of guilty or a finding of
guilty after trial, the court shall advise the defendant of the right to appeal and, if the
defendant is indigent, of the right to appeal as an indigent. The court shall also inform the
defendant of the time limitations in which to file petitions for post-conviction relief.
(i) Sentence Imposed Pursuant to N.J.S.A. 2C:44-1(f)(2). In the event the court
imposes sentence pursuant to N.J.S.A. 2C:44-1(f)(2), such sentence shall not become
final until 10 days after the date sentence was pronounced.
(j) Statement of Estimated Real Time to Be Served. If defendant is sentenced to
prison or jail, at the time sentence is imposed the judge shall state the approximate period
of time defendant will actually serve in custody according to the then current State Parole
Board "Parole Eligibility Tables." The statement should also consider the impact of jail
credits, and should indicate that it is made for the benefit of the public, including those in
attendance at the proceedings, and cannot be relied on by the defendant for purposes of
proceedings before the Parole Board or any direct or collateral appeal.
Note: Source -- R.R. 3:7-10(d). Paragraph (f) amended September 13, 1971, paragraph (c) deleted
and paragraphs (d), (e) and (f) redesignated as (c), (d) and (e) July 14, 1972 to be effective September 5, 1972; paragraph (e) adopted and former paragraph (e) redesignated as (f) August 27, 1974 to be effective September 9, 1974; paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraphs (d) and (e) amended August 28, 1979 to be effective September 1, 1979; paragraph (d) amended December 26, 1979 to be effective January 1, 1980; paragraph (g) adopted July 26, 1984 to be effective September 10, 1984; paragraph (d) caption and text amended November 5, 1986 to be effective January 1, 1987; paragraph (d) amended November 2, 1987 to be effective January 1, 1988; paragraph (d) amended January 5, 1988 to be effective February 1, 1988; new paragraph (c) adopted and former paragraphs (c), (d), (e), (f), and (g) redesignated (d), (e), (f), (g), and (h) respectively June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (i) adopted April 21, 1994 to be effective June 1, 1994; paragraphs (b), (e), (f) and (g) amended July 13, 1994 to be effective January 1, 1995; former paragraphs (f), (g), (h), and (i) redesignated as paragraphs (g), (h), (i), and (j) and new paragraph (f) adopted July 10, 1998 to be effective September 1, 1998; paragraph (j) amended July 5, 2000 to be effective September 5, 2000; paragraph (e) caption and text amended, and paragraph (f) amended June 15, 2007 to be effective September 1, 2007; paragraph (h) caption and text amended July 16, 2009 to be effective September 1, 2009; paragraph (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (a) amended July 29, 2019 to be effective September 1, 2019.
(a) Imposition of Sentence; Conditions of Release. Sentence shall be imposed
without unreasonable delay. Pending sentence the court may commit the defendant or
continue, impose or alter the conditions of release, regardless of whether the defendant is
an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq.
(b) Presence of Defendant; Statement. Sentence shall not be imposed unless the
defendant is present or has filed a written waiver of the right to be present. Before
imposing sentence the court shall address the defendant personally and ask the defendant
if he or she wishes to make a statement in his or her own behalf and to present any
information in mitigation of punishment. The defendant may answer personally or by his or
her attorney.
(c) Sentence to Probation. The court, at time of sentence, shall inform defendants
sentenced to probation what penalties might be imposed on revocation should they not
adhere to the conditions of their probation.
(d) Extradition. Nothing herein contained shall be construed as affecting the
provisions of N.J.S. 2A:160-5 (relating to extradition) or the power of the court to
resentence a defendant after reversal of the judgment by reason of error in the sentence.
(e) Extended or Enhanced Term of Imprisonment; Sentence Pursuant to N.J.S.A.
2C:35-8. A motion pursuant to N.J.S.A. 2C:44-3 or N.J.S.A. 2C:43-6(f) for the imposition of
an extended term of imprisonment, or a motion for enhanced sentence pursuant to
N.J.S.A. 2C:35-8, shall be filed with the court by the prosecutor within 14 days of the entry
of the defendant's guilty plea or the return of the verdict. Where the defendant is pleading
guilty pursuant to a negotiated disposition, the prosecutor shall make the motion at or prior
to the plea. If the negotiated disposition includes the recommendation of an extended term,
the prosecutor's oral notice and the recordation of the extended term exposure in the plea
form completed by defendant and reviewed on the record shall serve as the State's
motion. For good cause shown the court may extend the time for filing the motion. The
sentence shall include a determination as to whether the defendant was convicted and
sentenced to an extended term of imprisonment as provided in N.J.S.A. 2C:43-7, 2C:44-3
and 2C:44-6(e), N.J.S.A. 2C:43-6(f) or whether the defendant was being sentenced
pursuant to N.J.S.A. 2C:35-8, and the commitment or order of sentence which directs the
defendant's confinement shall so specify.
(f) Sentence Pursuant to N.J.S.A. 2C:43-7.1, 2C:43-7.2, or 2C:44-5.1. A notice to
impose sentence pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1 shall be
filed with the court and served upon the defendant by the prosecutor within 14 days of the
entry of the defendant's guilty plea or return of the verdict. Where the defendant is
pleading guilty pursuant to a negotiated disposition, the prosecutor shall file and serve the
notice at or prior to the plea. If the negotiated disposition includes the recommendation of
an extended term, the prosecutor's oral notice and the recordation of the extended term
exposure in the plea form completed by defendant and reviewed on the record shall serve
as the State's notice. For good cause shown the court may extend the time for filing the
notice. The sentence shall include a determination as to whether the defendant was
convicted and sentenced pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1
and the judgment and commitment shall so specify.
(g) Reasons for Sentence. At the time sentence is imposed the judge shall state
reasons for imposing such sentence including findings pursuant to the criteria for
withholding or imposing imprisonment or fines under N.J.S.A. 2C:44-1 to 2C:44-3; the
factual basis supporting a finding of particular aggravating or mitigating factors affecting
sentence; and, if applicable, the reasons for ordering forfeiture of public office, position or
employment, pursuant to N.J.S.A. 2C:51-2.
(h) Notification of Right to Appeal and to File Petitions for Post-Conviction Relief.
After imposing sentence, whether following the defendant's plea of guilty or a finding of
guilty after trial, the court shall advise the defendant of the right to appeal and, if the
defendant is indigent, of the right to appeal as an indigent. The court shall also inform the
defendant of the time limitations in which to file petitions for post-conviction relief.
(i) Sentence Imposed Pursuant to N.J.S.A. 2C:44-1(f)(2). In the event the court
imposes sentence pursuant to N.J.S.A. 2C:44-1(f)(2), such sentence shall not become
final until 10 days after the date sentence was pronounced.
(j) Statement of Estimated Real Time to Be Served. If defendant is sentenced to
prison or jail, at the time sentence is imposed the judge shall state the approximate period
of time defendant will actually serve in custody according to the then current State Parole
Board "Parole Eligibility Tables." The statement should also consider the impact of jail
credits, and should indicate that it is made for the benefit of the public, including those in
attendance at the proceedings, and cannot be relied on by the defendant for purposes of
proceedings before the Parole Board or any direct or collateral appeal.
Note: Source -- R.R. 3:7-10(d). Paragraph (f) amended September 13, 1971, paragraph (c) deleted
and paragraphs (d), (e) and (f) redesignated as (c), (d) and (e) July 14, 1972 to be effective September 5, 1972; paragraph (e) adopted and former paragraph (e) redesignated as (f) August 27, 1974 to be effective September 9, 1974; paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraphs (d) and (e) amended August 28, 1979 to be effective September 1, 1979; paragraph (d) amended December 26, 1979 to be effective January 1, 1980; paragraph (g) adopted July 26, 1984 to be effective September 10, 1984; paragraph (d) caption and text amended November 5, 1986 to be effective January 1, 1987; paragraph (d) amended November 2, 1987 to be effective January 1, 1988; paragraph (d) amended January 5, 1988 to be effective February 1, 1988; new paragraph (c) adopted and former paragraphs (c), (d), (e), (f), and (g) redesignated (d), (e), (f), (g), and (h) respectively June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (i) adopted April 21, 1994 to be effective June 1, 1994; paragraphs (b), (e), (f) and (g) amended July 13, 1994 to be effective January 1, 1995; former paragraphs (f), (g), (h), and (i) redesignated as paragraphs (g), (h), (i), and (j) and new paragraph (f) adopted July 10, 1998 to be effective September 1, 1998; paragraph (j) amended July 5, 2000 to be effective September 5, 2000; paragraph (e) caption and text amended, and paragraph (f) amended June 15, 2007 to be effective September 1, 2007; paragraph (h) caption and text amended July 16, 2009 to be effective September 1, 2009; paragraph (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (a) amended July 29, 2019 to be effective September 1, 2019.
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