ISP in New Jersey

Navigating the Complexities of ISP with Brett M. Rosen, Esq.

Facing criminal charges in New Jersey can be a daunting experience, but for certain offenders, alternatives to traditional incarceration exist. The Intensive Supervision Program (ISP) offers a chance at a second chance, allowing eligible individuals to serve their sentence within the community under strict supervision. However, the ISP is not a walk in the park. It comes with rigorous requirements and potential pitfalls.

This comprehensive guide delves into the intricacies of the Intensive Supervision Program in New Jersey, providing detailed information about eligibility, conditions, benefits, and potential challenges. If you or a loved one are considering ISP or have been offered this alternative, understanding the program and having a skilled criminal defense attorney like Brett M. Rosen, Esq. by your side is crucial for navigating this complex process and maximizing your chances of success.

What is the Intensive Supervision Program (ISP) in New Jersey?

The Intensive Supervision Program (ISP) is an alternative to incarceration in New Jersey that allows certain offenders to serve their sentence within the community under strict supervision. It is designed for individuals deemed to pose a lower risk to public safety but who require a higher level of supervision than traditional probation. 

Key Features of ISP:

• Intensive Supervision: Participants in ISP are subject to frequent contact with their probation officer, including home visits, drug testing, and electronic monitoring.
• Structured Requirements: The program includes mandatory participation in various programs and activities, such as substance abuse treatment, anger management, or vocational training.
• Strict Compliance: Adherence to the program’s conditions is essential. Any violations can result in revocation of ISP and potential incarceration.

Goals of ISP:

• Reduce recidivism: By providing intensive supervision and support, ISP aims to reduce the likelihood of re-offending.
• Rehabilitation: The program focuses on addressing the underlying issues that contributed to the offense, such as substance abuse or mental health problems.
• Community safety: ISP allows for close monitoring of offenders, ensuring public safety while providing an alternative to incarceration.
• Cost-effectiveness: ISP is generally less expensive than incarceration, reducing the financial burden on the state and taxpayers.

Eligibility for ISP in New Jersey

In New Jersey, a defendant can apply for the Intensive Supervision Program (ISP) after serving at least 60 days of their sentence in state prison. Eligibility for ISP is determined by the court and is based on various factors, including:

• Nature of the offense: Generally, non-violent offenses are more likely to be considered for ISP.
• Criminal history: First-time offenders or those with a limited criminal history are more likely to be eligible.
• Risk assessment: The court will conduct a risk assessment to determine the likelihood of re-offending and the level of supervision required.
• Individual circumstances: The court will also consider your individual circumstances, such as your employment, family support, and willingness to participate in the program.

Offenses Typically Eligible for ISP:

• Drug possession
• Theft
• Burglary (non-violent)
• Assault (simple assault)

Offenses Typically Ineligible for ISP:

• Violent crimes (e.g., aggravated assault, robbery, sexual assault)
• Weapons offenses
• Repeat offenses
• Offenses involving serious bodily injury

Conditions of ISP

The conditions of ISP are strict and designed to ensure compliance and promote rehabilitation. These conditions may include:

• Frequent contact with probation officer: Regular meetings, home visits, and phone calls.
• Electronic monitoring: Wearing an ankle bracelet or other electronic monitoring device to track your whereabouts.
• Curfew: Restrictions on your movements during certain hours.
• Drug and alcohol testing: Random drug and alcohol testing to ensure sobriety.
• Employment or education requirements: Maintaining employment or attending school or vocational training.
• Community service: Completing a specified number of community service hours.
• Restitution: Paying restitution to the victim if applicable.
• Counseling or treatment: Participating in counseling or treatment programs, such as anger management or substance abuse treatment.
• No contact orders: Avoiding contact with certain individuals, such as the victim or co-defendants.

Benefits of ISP

ISP offers several benefits compared to traditional incarceration:

• Avoidance of Jail Time: You can remain in the community and maintain your employment, family relationships, and other aspects of your life.
• Focus on Rehabilitation: The program emphasizes addressing the underlying issues that contributed to your offense, increasing the chances of successful reintegration into society.
• Reduced Cost: ISP is generally less expensive than incarceration, saving taxpayer money and reducing the burden on the prison system.
• Increased Accountability: The intensive supervision and monitoring provide a strong incentive to comply with the program’s conditions and avoid re-offending.

Potential Challenges of ISP

While ISP offers a valuable alternative to incarceration, it also comes with challenges:

• Strict Conditions: The program’s strict conditions can be demanding and require significant lifestyle changes.
• Risk of Revocation: Any violation of the program’s conditions can result in revocation of your ISP and potential incarceration.
• Limited Eligibility: Not all offenders are eligible for ISP, and the selection process can be competitive.

Why Choose Brett M. Rosen, Esq. for Your ISP Case?

Navigating the complexities of the Intensive Supervision Program requires the guidance of an experienced criminal defense attorney. Brett M. Rosen, Esq., and his team have a deep understanding of New Jersey’s ISP laws and procedures and can provide you with the dedicated representation you need.

We will:

• Assess your eligibility: We will carefully review your case and determine if you are eligible for ISP.
• Advocate for your acceptance: We will present a compelling case to the court, highlighting your suitability for the program and your commitment to rehabilitation.
• Negotiate with the prosecutor: We will work with the prosecutor to ensure that the conditions of your ISP are reasonable and fair.
• Guide you through the process: We will provide you with comprehensive guidance and support throughout your participation in the program.
• Protect your rights: We will ensure that your rights are protected at every stage of the process.

Frequently Asked Questions About ISP in New Jersey

1. Who is eligible for the Intensive Supervision Program in New Jersey?

   Eligibility for ISP is determined by the court based on various factors, including the nature of the offense, your criminal history, and your risk assessment.

2. What are the conditions of ISP?

   The conditions of ISP are strict and can include frequent contact with a probation officer, electronic monitoring, curfews, drug and alcohol testing, and participation in counseling or treatment programs.

3. Can I get a job while on ISP?

   Yes, you can generally maintain employment while on ISP. In fact, it’s often a requirement of the program.

4. What happens if I violate the conditions of my ISP?

   Any violation of the program’s conditions can result in revocation of your ISP and potential incarceration.

5. How long does ISP last?

   The length of ISP varies depending on the specific circumstances of your case, but it typically lasts between one and three years.

FAQs Continued

• How long does it take to process my ISP application?
  • From applying to appearing before ISP judges typically takes four (4) to six (6) weeks. 
• I was convicted of a second-degree indictable, am I barred from ISP?
  • No, you can still apply to ISP. Yet, if the prosecutor objects to your application, you must serve a minimum of six (6) months and be within nine (9) months of your earlies parole eligibility date.
• Are there crimes that are barred from applying to ISP?
  • Yes, there are certain crimes that forbid a defendant from applying to ISP. These crimes are:
    • criminal homicide
    • robbery
    • certain sexual offenses
    • bribery and corrupt influence (including conspiracy or attempt)
    • misconduct in office/abuse in office (including conspiracy or attempt)
    • immigration detainer
    • not a resident of New Jersey
    • not a state inmate
    • certain drug court violations
    • organized crime
    • current or past conviction for a first-degree crime
    • certain weapons offenses
• Is it possible to reapply to ISP for a new offense after completing ISP for a different offense?
  • Yes, you can still reapply to ISP for a new offense after successfully completing ISP for a different offense.

Prominent Criminal Attorney Brett Rosen in Union County, NJ

The Intensive Supervision Program offers a valuable alternative to incarceration for eligible offenders in New Jersey. It provides an opportunity to avoid jail time, address underlying issues, and reintegrate into society under strict supervision. If you are facing criminal charges in Union County and believe you may be eligible for ISP, contact Brett M. Rosen, Esq. today for a free consultation. He will provide you with the experienced and dedicated representation you need to navigate this complex process and achieve the best possible outcome.

908-312-0368 & brett@nynjcriminalcivilesq.com