§ 10:162-3.4. Forty-eight hour detainment of second
offenders who have been in jail or treatment
(a) A person convicted for a second offense pursuant to N.J.S.A. 39:4-50
et seq. or N.J.S.A. 12:7-46 or 12:7-34.19 et seq. shall be imprisoned at a jail
or workhouse or an Intoxicated Driver Resource Center or inpatient program for at
least 48 consecutive hours and satisfy the other program requirements.
(b)
A second offender sentenced by a court to imprisonment or inpatient treatment
for at least 48 hours, or who is given detention credit for 48 hours of
inpatient treatment by a court, shall be scheduled by the Intoxicated Driving
Program for a first offender program in his or her county of residence. All
other second offenders shall be scheduled for evaluation, education and
referral at the 48-hour program as specified in (a) above.
(c)
A second offender who voluntarily attends any licensed inpatient treatment
facility, whether or not affiliated with an Intoxicated Driver Resource Center,
before or after sentencing, but before scheduling at an Intoxicated Driver
Resource Center, shall not be given credit for detention unless approval is
given by the court.
(d)
A person sentenced to a 48-hour Intoxicated Driver Resource Center shall be
scheduled there, or if such a facility is not available, referred to an
appropriate facility for 48 hours.
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