06/17/14 STATE VS. ADAMS A-1640-12T4
Defendant was arrested for a new crime while participating in the Intensive Supervision Program (ISP) following modification of a custodial sentence on a prior conviction to permit that participation. R. 3:21-10(b)(6). The precise question presented is whether defendant is entitled to jail credits pursuant to Rule 3:21-8 against the sentence for the new crime from the date of his arrest for that crime until the date he was either sentenced by the judge for the new crime or resentenced by the three- judge ISP panel for "fail[ure] to perform satisfactorily following entry into" ISP, R. 3:21-10(e). We conclude that a defendant in this circumstance is entitled to jail credits for days in confinement from the date of arrest to the date the first sentence is imposed.
Our decision is informed by State v. Hernandez, 208 N.J. 24 (2011), which deals with jail credits involving multiple charges, R. 3:21-8; N.J.S.A. 2C:44-5(b). And it is informed by State v. DiAngelo, 434 N.J. Super. 443 (App. Div. 2014), which applies Hernandez in a case involving resentencing for a violation of probation.