Intensive Supervision Program Ineligibility List

Admission to ISP is not guaranteed. All persons sentenced to state prison are eligible for consideration, except for those convicted of these crimes:

Chapter 11- All Offenses

Any applicant whose current conviction is included in Chapter 11 of the New Jersey Code of Criminal Justice is not eligible to participate in the program.

Chapter 15 - Robbery

Any applicant whose current conviction is included in Chapter 15 of New Jersey Code -0f Criminal Justice) titled Robbery, is not eligible to participate in the program.

Chapter 14 - Sexual Offense

Any applicant whose current conviction is included in Chapter 14 of the New Jersey Code of Criminal Justice, titled Sexual Offenses, is not eligible to participate in the program.

Chapter 27- Bribery And Corrupt Influence

Any applicant whose current conviction is included in Chapter 27 of the New Jersey Code of Criminal Justice, titled Bribery and Corrupt Influence, or whose conviction involves underlying facts that demonstrate a violation of Chapter 27 of the New Jersey Code of Criminal Justice. This also includes any applicant whose current conviction involves a Criminal Attempt pursuant to N.J.S.A. 2C:5-1 or Conspiracy pursuant to N.J.S.A. 2C:5-2 to commit any offense included in Chapter 27.

Chapter 30 - Misconduct in Office, Abuse Of Office

Any applicant whose current conviction is included in Chapter 30 of the New Jersey Code of Criminal Justice, titled Misconduct in Office, Abuse of Office, or whose conviction involves underlying facts that demonstrate a violation of Chapter 30 of the Code of Criminal Justice. This also includes any applicant whose current conviction involves a Criminal Attempt pursuant to N.J.S.A. 2C:5-1 or Conspiracy pursuant to N.J.S.A. 2C:5-2 to commit any offense included in Chapter 30.

Immigration Detainer

Any applicant who has an active Department of Immigration detainer is not eligible to participate in the program.

Not A Resident Of NJ

Any applicant whose intended residence is located outside of New Jersey is not eligible to participate in the program.

Not A State Inmate

Any applicant not committed to the Custody of the Commissioner of the NJ Department of Corrections is not eligible to participate in the program.

Special Probation - Drug Court

Any applicant who has been sentenced to a State Prison term for failing to comply with the conditions of probation imposed pursuant to N.J.S.A. 2C:35-14 is not eligible to participate in the program.

Organized Crime

Any applicant whose sentence includes a finding by the Sentencing Court that there is a substantial likelihood that the defendant is involved in organized criminal activity pursuant to N.J.S.A. 2C:44-1a (5) is not eligible to participate in the program.

First Degree Crime

Any applicant whose current conviction is a first degree conviction is not eligible to participate in the program.

Previous First Degree Crime

Any applicant who has a previous conviction of a crime in the first degree, or any offense in any other jurisdiction which, if committed in New Jersey would constitute a crime of the first degree and has applied to the Intensive Supervision Program for an offense which occurred within five years of release from incarceration for the first degree offense is not eligible to participate in the program.

Weapons Possession

Effective August 8, 2013, a person who is convicted of a crime under subsection a., b., f., or j. of N.J.S.A 2C:39-5 shall be ineligible for participation in any program of intensive supervision; provided, however, that this provision shall not apply to a crime under subsection b. of N.J.S.A. 2C:39 5 involving only a handgun which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

Other Good Cause As Found By The trial court and the Intensive Supervision Program (ISP)

The trial court and the Intensive Supervision Program (ISP) may exercise discretion to deem an applicant ineligible for the ISP Program. Such discretion may be based upon various factors including, but not limited to, the underlying facts of the applicant’s criminal conviction, and shall be exercised carefully and uniformly.