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New Jersey Parole, Probation & Release All information & questions relating to parole, probation or release in New Jersey should be posted here.

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  #1  
Old 01-09-2009, 02:55 AM
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Default Probation in TWO states: NJ and PA

My friend is on NJ (ISP) state probation and now being charged with a felony in PA. My question is when he comes up for sentencing or after serving time in PA can he be offered probation in Pa. PA is a commonwealth state I know, but we were wondering if a two state probation was even possible. He has 2 prior theft charges. This is his 3rd so being charged as a felony.
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Old 01-09-2009, 03:15 AM
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I would be concerned that NJ will revoke his ISP as he has committed a new crime, also.
I would look into that, too.
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Old 01-09-2009, 12:02 PM
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I agree with the above. How much longer is he on ISP in NJ? If he has to serve time in PA, it's not really possible to be on ISP in NJ at the same time..

Also .. if I'm not mistaken, when you are on probation, you can't leave the state? So it wouldn't be possible to be on probation in two different states, how would somebody go see their probation officer? o_O
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Old 01-09-2009, 04:03 PM
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There is some info missing, so this response might be long, so as to account for the different possibilities:

If the date of the Pennsylvania offense, which should be stated in the complaint filed by the Pennsylvania policeman, is BEFORE he was sentenced in New Jersey, then NOTHING will happen to him in New Jersey. However, if the date of the Pennsylvania offense is, say, AFTER the ISP, in New Jersey, began then his New Jersey Probation Officer (whether it's probation, or parole, the procedure, in New Jersey is the same) would try to get a copy of the Pennsylvania policeman's complaint. The reason for this is the NJ Probation Officer wants to see if the Pennsylvania policeman's complaint says anything that would indicate he violated the conditions of his NJ Probation. For example, if the Pennsylvania complaint says he was in possession of a firearm; drugs, or perhaps even alcohol, then the NJ Probation Officer would write-up a violation; take it to the NJ sentencing court, and ask that he be sent to jail in NJ. At that point, the criminal proceeding, in Pennsylvania, would be put on hold. The Pennsylvania District Attorney would then file what is called a "detainer" with the NJ prison housing him. If, after reading the Pennsylvania complaint, the NJ Probation Officer can not determine if the NJ Probation has been violated, he will then be made available to the Pennsylvania authorities for prosecution. If he is found "not guilty," in Pennsylvania, then he returns to NJ to complete his Probation. In NJ, a finding of "not guilty" is looked-on, by Parole and Probation Officers, as if the crime never happened. There are a few exceptions to this, but not many. If he is found "guilty" in Pennsylvania, the NJ Probation Officer requests a copy of the court judgement, from Pennsylvania; takes it to the NJ sentencing court, and asks for an order sending him to jail in NJ. If the order is issued, NJ Probation then files a "detainer" with the Pennsylvania prison. When he is released from prison, in Pennsylvania, he is brought back, by NJ guards, to a NJ prison. In this last example, he can NOT ask to have his NJ time run concurrent with his Pennsylvania time. The ONLY situation where this can be done is if a person is being held in prison/jail outside NJ and the ONLY reason why he is in prison is because NJ wants him. So, if he goes to prison in Pennsylvania, and when his Pennsylvania release date comes, he is not immediately picked-up, he MUST be given credit, on his NJ time, for every day he is held in custody, in Pennsylvania, AFTER his Pennsylvania release date. HOWEVER, if his Pennsylvania release date comes, and he has a detainer from something as trivial as a Pennsylvania traffic court, he will get NO credit on his NJ time until ALL Pennsylvania detainers are removed. While doing time in Pennsylvania, he can ask to be tried on ANY detainer, Pennsylvania, or outside Pennsylvania, which is based on an offense for which he has not ALREADY been tried. He CAN be supervised, on parole or probation, in Pennsylvania, if he meets the following conditions:

(1) He is released from prison in Pennsylvania.
(2) He does NOT owe prison time to NJ.
(3) He DOES owe parole or probation supervision time to Pennsylvania.

Under the above conditions if he still owes Probation, or Parole, supervision time to NJ the "Interstate Unit," of NJ Probation or Parole, will request Pennsylvania authorities to supervise him for NJ. In this situation, if he owes probation supervision to NJ, and parole supervision to Pennsylvania, he may need to report to TWO different Officers in Pennsylvania: One Officer for the Pennsylvania parole, and another Officer for the NJ probation supervision. If it's just parole supervision time owing to BOTH states, then he will only need to report to ONE Officer.

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Old 01-09-2009, 04:57 PM
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Even on ISP?
My son didn't even apply although he was eligible and the prosecutor said he wouldn't object because the rules were way too strict on him and his family.
He fell for the lawyer line of parole in 9 months and we know how that goes.
Parole Board wants things that Corrections doesn't offer or a waiting list miles long so you're denied. Too bad they can't work together to do what's best for the rehab of the inmate.

I do hope that the PA charges are tossed and he never has to deal with them so he can continue on ISP.
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Old 01-09-2009, 05:52 PM
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Oh my goodness, I didn't expect such quick and precise responses. I've been looking all over the board for answers searching all the threads. I should have been a little more detailed in my question.

A few factors: (no DRUGS, alcohol or armed weapons in any of the offenses)
1.prior theft in unknown STATE.
2nd in NJ. -
3rd degree.
3rd in PA.
being charged as felony regardless of amt.

He was arrested in 2005 for shop lifting. Paid Bail and then never went to court date.
Arrested on traffic violation in Connecticut in August,2007 and detained by NJ in Connecticut. Extradited to Middlesex County not sure when.

December 2007, sentenced/jailed for original NJ charges: (shoplifting and bail jumping).
Sentenced to 3 yrs no minimum, but not elig for parole. (3yrs flat??? not sure)

June, 2008 - Released by Courts according to NJDOC webite as an early release??..
as a candidate for ISP on a 6month trial basis. He did have a criminal history from years earlier but they accepted him anyway.

July, 2008 - Placed in an ISP Halfway House in Mercer County.
August, 2008 - Tech violation, and re-sentenced to 30 days in Mercer County.
September, 2008 -Placed in a residential treatment program. (But has no addictions)
...waiting for ISP PRE-RELEASE HEARING SCHEDULED FOR MID DECEMBER 2008.

Dec, 2008 - after 80 days, discharged from Residential Treatment for misconduct. Just didn't get along with the conditions, unrelated to acohol or drug.
No violation for misconduct, and replaced back into another Halfway House by ISP.

December, 2008...Days before Pre-release hearing, REARRESTED for a new charge in PENNSYLVANIA:retail theft. Of course he never made it to NJ ISP hearing.
Bail set, $5000. But we did not post.

2 days later - NJ Detainer lodged. Possible Charged on PA Docket: Fleeing NJ.

Bail set for $50,000 AND then cancelled. No other info for that docket AND has not been updated.

10 days later - Preliminary Hearing for PA retail theft (F3) charges and receiving stolen property (M1), but advised by Public Defender to sign "Unsecure Bond" with PA for release. NJ DETAINER still active.

30 days later
- Still sitting in Pennsylvania County Jail. Awaiting Formal Arraignment. Scheuled for February, 2009

What he's being told in PA by paralegals, is that he wasn't actually an ISP participant but was on a trial-basis for the program. It sounded like to me that he actually was a participant as he was sanctioned by the court for the 30 days by the courts for the tech violation. And according to the agreement he signed with ISP, (And he did sign ONE) they can charge him for ABSCONDING for even being in PA with add on time TO his ORIGINAL because of the NEW charges. Or worse be charged all over again. He may be considered a new candidate in the future for ISP? yes? No?

We are trying to figure out what NEW time HE is actually facing in NJ. He is confident though that he may be able to get charges downgraded in PA although he is being charged with a felony there because he is a third time offender of the same charges.

He swears he owes the Jail system possibly 15 months and that's all they can resentence. He is also sure that the absconding / escape charge is a formality because he was only "missing" because he was a arrested.
Please help. Thanks ForMyBoy, IcePrincess and RetiredGuy for your responses they have been most helpful. I've never been in this situation but it seems serious to me. I've learned all the lingo through research and THIS FORUM. Thanks PrisonTalk !!

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Old 01-10-2009, 12:11 AM
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Default "Habitual/Repeat Offender" charges are serious.

TO QUEEN BEE:

Read your post dated JAN. 9, 2008 @ 5:52 PM, Eastern time

Please be patient with me if I tell you things you already know. I’ve found, when it comes to criminal charges, too much info is better than not enough.


He was arrested in 2005 for shop lifting. Paid Bail and then never went to court date.
Arrested on traffic violation in Connecticut in August,2007 and detained by NJ in Connecticut. Extradited to MiddlesexCounty not sure when.

“Extradited” tells me that the item(s) shoplifted had a very large total value. Under most circumstances a person could not be extradited for shoplifting a loaf of bread. Because the value of a loaf of bread is so small that the person charged with stealing it could only be charged with a misdeameanor, and have their case tried in Municipal Court. This is what happens in NJ, not necessarily other states. Thus, to be extradited back to NJ you must have been convicted on, or you are wanted for, a charge that will, eventually, be heard in NJ Superior Court.


December 2007, sentenced/jailed for original NJ charges: (shoplifting and bail jumping).
Sentenced to 3 yrs no minimum, but not elig for parole.

This sounds like the word “INDETERMINATE” may appear in the judgement from NJ Superior Court. This means he could, in theory, be paroled immediately. Or, he could be paroled with only 6 months left of time to serve.


June, 2008- Released by Courts according to NJDOC webite as an early release??..
as a candidate for ISP on a 6month trial basis. He did have a criminal history from years earlier but they accepted him anyway.

The only people, in NJ, who get probation are those who did NOT do any time. So your son is on PAROLEin NJ, not probation. Also, in NJ, the overwhelming majority of people on ISP are people who HAVE criminal histories and, in some cases, lengthy ones. So, the existence of a criminal history is, in many cases, a “qualification” for placement in ISP.




September, 2008 -Placed in a residential treatment program


Are you sure this “residential treatment program” isn’t, really, just a shelter, like the Salvation Army, or a halfway house, like, Bo Robinson, in Trenton, or Tully House, in Newark?


(But has no addictions)


If he, really, was in a residential treatment program, are you absolutely SURE he has no addictions?? Remember, compulsive gambling is an addiction; alcoholism (always drinking too much) is an addiction. And, of course, there are the whole list of street drugs.

Residential treatment programs are a big expense for the Parole Board. A Parole Supervisor will not even talk with a line Parole Officer about residential treatment unless, in most cases, there is a record, in the jacket, of one, or more, “hot” (positive) urine samples.


December, 2008...Days before Pre-release hearing, REARRESTED for a new charge in PENNSYLVANIA: retail theft. Of course he never made it to NJ ISP hearing.

3rd in PA.being charged as felony regardless of amt.


About that last item, specifically the words in orange: I hate to upset you, but, you should know. You; the Pennsylvania Public Defender handling the Pennsylvania case; or your son, need to contact the Pennsylvania District Attorney’s Office prosecuting this case and verify these questions: (1) IS THE COMMONWEALTH SEEKING TO CHARGE (or, has charged) YOUR SON AS A “REPEAT OFFENDER?” (2) DOES YOUR SON FACE EXPOSURE TO AN EXTENDED SENTENCE? MEANING SOMETHING LIKE 10 YEARS OR LONGER?

I am assuming you and your son do NOT have the money to hire a private criminal defense attorney, and a private investigator. If the answers to both questions, in red, are “yes,” then you or your son should talk to the Pennsylvania Public Defender about entering into a “plea agreement” with the Pennsylvania District Attorney’s Office. Basically, the “plea agreement” should allow your son to plead guilty to one or more charges, and receive LESS time than would be the case if he were sentenced as a “repeat offender.” If the Pennsylvania District Attorney’s Office will NOT agree to this, then your son should stick with a “not guilty” plea, on ALL charges, which would force the District Attorney to take the case to a jury. Your son should ask his Public Defender whether Pennsylvania law allows a “Bench Trial” in his case. “Bench Trials” are useful in cases where there is a belief that a jury may be prejudiced against a defendant, or the facts of the case are far too complicated for an average person to understand. In a “Bench Trial,” the judge basically takes the place of a jury. In Pennsylvania, however, the only bad part about a “Bench Trial” is that Pennsylvania judges are ELECTED, not appointed by the Governor, as is the case in NJ. So, if your son is able to get a “Bench Trial,” he might draw a judge who campaigned on a platform of being tough on shoplifters. Indeed, in Bucks and MontgomeryCounties, it may not be unusual for shopping center managements, or major department stores, to contribute to people who run for Common Pleas Court judge who promise to be tough on shoplifters.



Bail set, $5000. But we did not post.

2 days later - NJ Detainer lodged. Possible Charged on PA Docket: Fleeing NJ.


“NJ DETAINER LODGED” means your son’s NJ Parole Officer issued an arrest warrant, for violation of his NJ Parole. The specific violation of NJ Parole, at this time, is that your son left the State of New Jersey without, first, obtaining WRITTEN permission from his NJ Parole Officer. If your son is convicted, on ANYTHING, in the Pennsylvania Court of Common Pleas (the equivalent of NJ Superior Court), the NJ Parole Officer will add more violations. The NJ Parole Officer also knows where your son is in Pennsylvania.

“FLEEING NJ” means there is the POSSIBILITY that your son could be charged, in NJ, with the crime of “Escape,” as in escape from prison. The actual process of charging someone with escape, in NJ, would start with the CountyProsecutor’s Office in the NJ county where your son was convicted. When I was working, some South Jersey counties pursued escape charges, a lot, against NJ parolees who left the State without permission. Those counties were: Atlantic, Cape May, Cumberland, and Salem. Still, ANY CountyProsecutor, ANYWHERE in the State has the right to pursue these kind of escape charges. However, in reality, I would be surprised if the EssexCounty Prosecutor’s Office has a pattern of frequently pursuing these kind of escape charges. As you may know, in Essex, they have a large number of much more serious crimes to deal with!


Bail set for $50,000 AND then cancelled.


If a judge is following the rules correctly, he/she CAN grant bail. However, any bail granted can apply ONLY to the "local" charges, NOT to a parole violation arrest warrant. In this case it looks like, at first, the judge did NOT know about the detainer, and so approved bail at 50K. Then, the judge later found-out about the NJ detainer, and WITHDREW the order granted the 50K bail. The judge may not have realized he has the power to DENY bail on the NJ parole violation, but GRANT bail on the Pennsylvania ("local") charges. There may be an advantage to posting bail, but it would depend on four things:

(1) Will the NJ County Prosecutor be pursuing escape charges because your son did not have written permission, from his NJ Parole Officer, to be outside the State of NJ?

(2) How much time did your son owe, on his December, 2007 sentence, at the time the NJ Parole Officer issued the parole violation arrest warrant (the detainer.)

(3) How long will it take for your son's Pennsylvania case to come-up?

(4) And, most important, can you, or your son, AFFORD to post bail, assuming it was NOT "release on own recognizance," or a similar arrangement where money does NOT have to be paid-out.


10 days later - Preliminary Hearing for PA retail theft (F3) charges and receiving stolen property (M1), but advised by Public Defender to sign "Unsecure Bond" with PA for release. NJ DETAINER still active.

IF your son IS granted bail, in Pennsylvania, there is a strong possibility he will remain in jail because of the NJ detainer. However, if your son finds himself in a situation where the ONLY reason why he is in jail is because of the NJ detainer, then your son is entitled to credit against his NJ time. If this happens, the Pennsylvania jail must send a LETTER, no phone calls, to the following address:

CLASSIFICATION DEPT.,
Central Reception And Assisnment Facility (“CRAF”),
NJ Dept. of Corrections
P.O. Box 7450
Trenton, New Jersey08628-7450

Phone: 609-984-6000

The letter should include your son’s NJ prison number. This is usually starts with a capital letter “P,” then is followed by six numbers: P000000. Also, the letter should identify, by name, your son’s NJ Parole Officer, and the mailing address, and phone number, of the NJ Parole Officer’s office.

Sometimes people, who have money and, have only a few weeks left owing NJ, will post bail, if they are arrested out-of-state just so they can, possibly “max-out,” on their NJ time, while their out-of-state case remains pending. However, I only saw this happen once or twice during my 14 years with NJ parole. First, the person must have the money to post the bail, and then their NJ time has to be down to a few WEEKS. A person owing YEARS, or months, of time to NJ would, most likely, be waisting his money by doing this.


What he's being told in PA by paralegals, is that he wasn't actually an ISP participant but was on a trial-basis for the program.


At this time, whether your son was in the ISP program, or not, is not all that important. However, if you have your son’s NJ prison number, almost anyone in the Parole Office, where you son’s NJ Parole Officer is located, should be able to tell you whether he was in ISP at the time the NJ parole violation arrest warrant was issued. If you reach someone who has a computer in front of them, but doesn’t sound too sure as to how to go about finding the information, ask them to go to the “location history,” or “custody location history” screen of the computer. If they act as if you’re talking a foreign language, ask them if you can speak to the “ADPS”—the assistant office supervisor, or the “DPS”—the office supervisor. It sounds like this Office may be District 6, the Trenton Office. Here is the address and phone number for that office.

District Office #6

210 S. Broad St. (4th Fl)
PO Box 865
Trenton, NJ08625-0865

Phone: (609) 292-4383


they can charge him for ABSCONDING for even being in PA

Yes, this is absolutely true. See my comments after “fleeing nj” Even if a NJ Prosecutor’s Office decides NOT to pursue “Escape” (“fleeing”) charges, this is still something your son’s Parole Officer is required to write-up, as a NJ Parole violation. So, even if your son is found “not guilty,” in Pennsylvania, he could STILL be returned to jail in NJ because he did not obtain written permission from his NJ Parole Officer to travel outside NJ. For the purpose of this rule, it makes no difference whether your son was in New York City, Pennsylvania, or California. It’s ANYPLACE outside the boundaries of NJ, and even for ONE MINUTE! Not trying to sound harsh. I’m just worried about confusion.


with add on time TO his ORIGINAL because of the NEW charges.

“Add-on” time would happen ONLY if a NJ Prosecutor’s Office decided to take your son to court on the charge of “Escape.” Otherwise, your son would only owe the time remaining on his original NJ sentence. However, you and your son should know this: Your son is now doing “dead time” on his NJ sentence. His time stopped running on the date the NJ Parole violation arrest warrant was issued. His time will
RE-START under ANY of the following conditions:

(1) He makes bail, in Pennsylvania, but is held in jail because of the NJ detainer, and for NO OTHER reason.
(2) He goes to prison in Pennsylvania. His Pennsylvania release date comes, and there is no PENNSYLVANIA detainer on file. The ONLY detainer, on file, is from NJ. The NJ guards have NOT come to the Pennsylvania prison to pick him up for return to NJ.
(3) He is returned to prison in NJ
(4) He is found NOT guilty in Pennsylvania. The NJ Parole Board decides NOT to send him back to prison, in NJ, because he left NJ without permission. The NJ Parole Board then allows your son to resume reporting to his NJ Parole Officer, or ISP Officer.

If your son is found GUILTY in Pennsylvania, there is no way he can avoid being sent back to prison, in NJ, when his Pennsylvania release date comes. NJ Parole rules say that someone who is convicted in the Pennsylvania Court of Common Pleas has committed a serious NJ Parole violation, and must be returned to prison.


Or worse be charged all over again.

Do you mean, can he be taken to court, in NJ, for the same offenses he was convicted of in
December, 2007? Absolutely NOT! Doing so would violate your son’s right, under the US Constitution not to be subjected to “double jeapordy.” However, NJ Parole authorities are free to charge your son with violations of his conditions of NJ Parole. As to the penalty, the most NJ Parole can do to your son is to make him serve the balance of time he owes under the original sentence he received during
December, 2007. Again, a NJ CountyProsecutor CAN charge your son with escape. However, the charge of escape would be a new charge, having nothing to do with what your son was sentenced for during December, 2007. So, as to any possible escape charge, your son does NOT have “double jeapordy” protection.



We are trying to figure out what NEW time HE is actually facing in NJ.

Based on the info you’ve given, NEW time, in NJ, would only result if a NJ CountyProsecutor decided to pursue escape charges. As I remember, the maximum penalty, NOT counting fines, is around 5 years. There is no “mandatory minimum” for the crime of escape. Otherwise, your son is only looking at the balance of the time he owes based on his December, 2007 sentence.


He is confident though that he may be able to get charges downgraded in PA

Oh, I HOPE so! I can’t over-emphacize the seriousness connected with the possibility of being convicted, anywhere, as a “habitual/repeat offender.”


He swears he owes the Jail system possibly 15 months and that's all they can resentence.

Again, the amount of time he owes NOW is the amount of time he owed on the date the NJ Parole violation arrest warrant was issued. Again anyone you talk to, who is knowledgeable, in the office where your son’s NJ Parole Officer is located, can tell you the date the Parole violation arrest warrant was issued. This information appears at the top of the first “page” of the computer screen in the NJ Parole office. If a NJ CountyProsecutor pursues escape charges, and your son is convicted, his total time owing would be re-calculated, by “CRAF.” In any escape case, your son’s NJ Public Defender should ask the NJ judge to allow the time owing from the December, 2007 conviction to run “CONCURRENT” with the time imposed on the new escape charge. The judge does NOT have to approve this request, but approval is, frequently, granted, especially in cases where the Prosecutor does NOT object.


My direct e-mail is: tired-worker@frannie82423-0119.us

If there are any other questions, it would be a bit easier if you could e-mail me directly. Again, good luck to you and your son!

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Old 01-10-2009, 09:50 AM
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Oh my goodness gracious: What a load of information. I was almost in tears in the amount of time you took to write all of that. I will of course mail you directly if I have more questions.

Thanks RetiredGuy ......you have made my day !!!
Btw: He is my friend (boyfriend?) and his almost 50 years old.
If it were my son, I would probably just die

Thank you !!!

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Old 01-11-2009, 10:51 AM
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this is a question towards RetiredGuy or anyone else who could answer my question. My fiance was in the ISP program as of 3/2006 but fled to florida in 1/2007 due to him afraid of being violated because he was using heroine. He wound up catching a new charge in florida 2/2007 and served time in FLDOC until 1/9/2009. He was extradited to NJ on friday to mercer county corrections and is awaiting to see a judge. What are the possibilities of a new sentence of escape? Can they just charge him with absconding. he signed a waiver of extradtion (according to his classification officer in 6/2007). will he get credit concurrently for time served/what he owes his nj sentence at all? if anything, please pm me.
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Old 01-11-2009, 04:18 PM
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they will not run the time concurrent because he fled. theyre not going to want to do him any favors.

more than likely they will charge his with absconding, which carries a 4 year sentence on average. he will also have to finish his sentence he was on ISP for in the first place.

parole is not ruled out, but because he is a flight risk they wont jump at the chance to approve it.
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Old 01-11-2009, 07:08 PM
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Default "Missing" status, and NJ Parole

I know BREAL4 asked for a "PM." However, I'm responding, through the "open" board so BEAN123 can see this comment as well.

I deliberately used "official" (Parole) terminology--"Missing"--in referring to this situation. Words like "absconded" can, indeed, conjur-up images of someone being prosecuted for the crime of Escape. Whereas "Missing" is merely a statement of fact. The parolee has stopped reporting to his NJ Parole Officer, and his whereabouts are unknown.

If a NJ parolee is arrested, outside NJ, and gets time in the other state. An arrest warrant is issued, by NJ Parole, and sent to the out-of-state prison to be filed as a detainer. The person's NJ time is STOPPED as of the date of the arrest warrant. Usually, the NJ time will "re-start" when the following conditions exist:

(1) The records, of the other state, show the person as "released," NOT just having been given a release date.

(2) Even though the person has been, legally, released in the other state, he remains in custody, because NJ Parole has filed an arrest warrant / detainer.

In this example, the NJ time re-starts on the date the other state shows him as having been released, from THEIR custody. So, if the person sits in an out-of-state county jail, for 10 days, waiting for the NJ guards come to pick him up, those 10 days are to be credited against his NJ time.

BREAL4: You wrote--He was extradited to NJ on friday to mercer county corrections and is awaiting to see a judge.\

While he was in Florida, were you, or him, made aware that ANY NJ law enforcement agency, other than NJ Parole, wanted him? If "no," then he must be in "CRAF," not the Mercer County Jail. See below.

In most cases, the person would go directly from the out-of-state location to the NJ Department of Corrections "CRAF" facility. This is the CENTRAL RECEPTION AND ASSIGNMENT FACILITY, located outside Trenton, in Ewing Twp.

The only "judge" I can think of, in this case, would be a hearing, before a NJ Parole Hearing Officer, for revocation of his NJ Parole. As I also mentioned in another post, a new conviction, in any court, anywhere, which is equivalent to the Superior Court of NJ (NOT a Municipal Court) is considered a very serious violation of NJ Parole. For this reason, people in this situation are, in technical terminology, consider to be in "presumptive" violation of their NJ Parole.

There are TWO situations, I know of, where someone can do time, outside New Jersey, and STILL get credit against their NJ time. One situation is NOT very common. The other situation, by comparision, is more common. The "more common" situation is as follows:

1. John Doe is arrested in Pennsylvania (or, any other state.)
2. He is released on bail ("own recognizance," or money)
3. John Doe skips-out on his Pennsylvania bail.
4. John Doe is arrested, a second time, but now in New Jersey.
5. In New Jersey, bail is either not granted at all. Or, the bail is too high to post.
6. John Doe goes to prison, in New Jersey, for the NJ charge ONLY.
7. Pennsylvania authorities file a detainer with the New Jersey prison.
8. John Doe is paroled on his NJ sentence. However, he is NOT released from custody.
9. John Doe is taken, by Pennsylvania guards, back to the Pennsylvania County Prison, in the Pennsylvania county where the arrest took place.
10. John Doe's NJ time RUNS, from the date of his NJ Parole. In other words, in this situation, his time DOES run concurrent with his Pennsylvania time.


However, if John Doe were to get a "street charge," while doing his Pennsylvania time; he was convicted; and NJ Parole found-out about the street charge, THEN NJ Parole would issue an arrest warrant, for violation of NJ Parole. This arrest warrant would then be sent to the Pennsylvania prison, to be filed as a detainer. The NJ time would STOP as of the date of the NJ arrest warrant.

FINALLY:

ICEPRINCESSX3--I got your PM dated 01-10-09. There is some info I need to look-up before I can give you an accurate answer.
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Old 01-11-2009, 08:25 PM
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Default Friend of BREAL4--Escape/Absconding Charges

If a charge of Escape was going to be pursued, your friend should have gotten some kind of notice while he was doing his Florida time. This could have come through the mail, or in the form of an interview with a staff member of the Florida institution. While there is, probably, a few more years to go before the statute of limititations runs-out on this possible charge, your friend SHOULD have heard something by now IF the NJ County Prosecutor was going to pursue an Escape charge. If your friend is in the Mercer County Jail, and NOT "CRAF," then an Escape charge may be the reason. Again, as I also said in another post, if your friend IS convicted on an Escape charge, he should ask his NJ Public Defender to ask the judge to allow his parole violation to run CONCURRENT with the Escape charge. In another post I gave some wrong information about the penalty for Escape in NJ. I said there is NO mandatory minimum. This is, most likely, WRONG. There IS probably a mandatory minimum around 3 years, at most.
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Old 01-12-2009, 10:40 AM
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And please clear it up that "released by the court" is generally ISP, or a drug program.
If checked, his listing will say Parole if he's on parole, this surprises me that you don't know
If anything says N/A means he's done.

BTW, welcome retired guy, nice to have ya here. It's very nice to a view from the other side.
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Old 01-12-2009, 02:08 PM
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Quote:
Originally Posted by ForMyBoy View Post
And please clear it up that "released by the court" is generally ISP, or a drug program.
If checked, his listing will say Parole if he's on parole, this surprises me that you don't know
If anything says N/A means he's done.

BTW, welcome retired guy, nice to have ya here. It's very nice to a view from the other side.
When T's conviction was overturned by the Appelate Court,his facepage said "released by Court".........so it doesn't automatically mean that they are still under the rule of DOC. And here we are, 4 years later, still waiting for them to decide to retry or not!
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Old 01-13-2009, 12:07 PM
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Retired guy, i called over to mercer cty corrections and they stated that he is in there for ISP violation and another pending warrant from ocean county. What do you think is going to happen. Nothing was said to him about an escape charge so that is where i get stumped. please let me know
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Old 01-13-2009, 01:10 PM
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Default Ocean: County of conviction??

The charges which he was under ISP for: Was he convicted on those charges in Ocean? If yes, and Ocean has a warrant out for him, then, based on what you've told me, there is, at least, a 50% chance the Ocean Prosecutor is going for an Escape charge. If the charges underlying the ISP were tried in one of the OTHER 20 counties, then it's UNLIKELY Ocean wants him for Escape. Still, housing him in the Mercer CJ seems unusual. Taking him directly, from Florida, to the "CRAF" facility, in Ewing Twp., as I remember, would be the normal procedure. In this case, when Ocean wants him, an Ocean Sheriff's Deputy would drive to Ewing, and take him to Toms River (Ocean CJ.) Since returning to NJ, has he spent ANY time at "CRAF?"
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Old 01-13-2009, 08:47 PM
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The charges from ISP were from Monmouth, Mercer, and Middlesex county. apparently ocean is a new charge from the past. They took him directly to mercer county and is awaiting isp violation hearing. mercer county said he will be waiting a while until he goes to court for isp violation. is there anyway that he could get his charges in ocean taken care of????
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Old 01-13-2009, 09:04 PM
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Default Call Records Office at Mercer CJ

They may not give you the time of day. But it's worth a try. By now, if ANY of the three counties wanted to pursue Escape charges, there should be some evidence of it at the Mercer CJ Record Room. Like a detainer, from one of the other two counties, or something in the file from the Mercer Prosecutor. Whether he's wanted by a Municipal Court, in Ocean County, or the Ocean Prosecutor (Superior Court of NJ at Ocean County), I would expect that Ocean will wait until he is back in the DOC system--either "CRAF," or elsewhere, before they do anything.
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Old 01-14-2009, 03:39 PM
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when you violate isp or parole they put you in county first. you cant go to craf unless you go to county first. ive been thru this three times with james. twice for ISP violations and once for absconding on parole. they put you in jail where you meet with the parole or isp people and then they either put you back in state or gve you a second chance. in the original posters responses she said he fled ISP and hs charges in another state so obviously they wont, and cant because of the new charges, give him another chance and release him. with absconding, you dont get a second chance anyways. james absconded parole summer 2007. someone from the state parole (a plain clothed person) came with the jurisdiction police to my house and took him to the county jail for absconding/VOP. he sat there for 2 weeks before parole came and saw him and said "your parole is revoked, you'll be going back to state where you will meet the pannel and they will either release you from there or give you a hit." he went back to state, where parole happily gave him a hit. he was released on parole again 7 months later. so just to clear it up...you cant go to craf without going to county jail first.
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Old 01-14-2009, 07:47 PM
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Thank you bean123 and retired guy for your advice. he is awaiting to speak with someone from isp this week or next week. do you think he will be able just to serve the time that he owes or will he get new time for violating isp/absconding? i know he will probably get some additional time due to the new charge but i am curious where he stands for isp?
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Old 01-14-2009, 09:03 PM
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Default Fla. to Mercer CJ, THEN to CRAF??

Bean, something must have changed since I left in January, 2006. When I was working, whether you were on ISP, or just regular parole, it was always "(other state) to "CRAF." For people who were under supervision INSIDE NJ, who violated, THEN it would be (county jail) to "CRAF." Thanks for the update.
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Old 01-15-2009, 01:10 AM
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Default Pick-up, in Fla., by Mercer Deputies?

Was your friend picked-up, in Fla., after his release there, by Mercer County Deputies, and NOT NJ DOC Officers? Also, does NJ Parole consider your friend to be under a "County" sentence? Just trying to understand the reason for being in Mercer CJ, and not "CRAF." Again, if your friend NEVER LEFT NJ, then being in Mercer CJ would make sense, assuming he was reporting to Parole District Office #6 ("DO 6"), in Trenton. Although, generally, someone who violates parole is housed in the county jail serving the area where they live. Thus, someone who reports to DO 6, but lives in Burlington County, is usually housed in the Burlington CJ if they violate parole.
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Old 01-15-2009, 05:55 PM
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james first violated isp summer 2005 and went to county. he met with ISP at court in hudson county after sitting in county from august-december and they reinstated his ISP there and he was released on ISP again. so as long as i've been dealing with this stuff theyve done it this way.

depending on the county they may just make him deal with his new charges and finish his original sentence without adding absconding to the list...it really depends on the county. warrend county didnt charge my boyfriend with absconding, he was on the run for like 2 months on ISP. they just sent him back to state. when he absconded parole summer 2007 they revoked his parole and gave him a hit. but i know another members husband was sentenced i think 3-4 yrs for absconding, not sure how long he absconded for. that was in sussex.
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Old 01-15-2009, 08:36 PM
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My fiance was serving his sentence in FLDOC and was picked up by air marshalls on 1/9/09, his release date from florida doc was 1/12 but they took him 3 days early because the detainer expired on 1/12. As of what i know, he owes isp/parole 10-11 months until he would have maxed out from when he absconded/escaped. We shall see...the one thing that is going to throw me for a loop is that he commited a crime while he was on isp and that is where the detainer in ocean county is from but he was never formally charged. I sometimes wish i could just throw my hands up in the air. just when i think it is almost over, another rollercoaster ride to go on

They put him in Mercer county to await the isp violation court. they are treating it as a violation from them. i have no idea what they are going to do?

Last edited by breal4; 01-15-2009 at 08:37 PM..
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Old 01-21-2009, 09:18 PM
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Default All confused now???



RECAP:
An update on my friend's situation:
He is an NJ-ISP participant.
New Pennsylvania charges.
He still sits in PA county jail.

December 08---Bail set, $5000. For the PA retail theft charges and receiving stolen property. 10 days later:
He signs unsecure bond for those charges but detained by NJ.

December 08 ---Pennsylavania Court Docket: Fleeing NJ.
A separate Bail set for $50,000 and then cancelled.



Today 1-21-09:
Bail Reactivated?? for $50,000: So now he has two bails, one of which he signed an unsecure bond for....

NEW CHARGE: FLEEING NEW JERSEY
But this new charge is on a new Pennsylvania Docket titled as an ARRAIGNMENT.
Does this sound like NJ is going to release him to the Pennsylvania jurisdiction OR be supervised by PA ??
I am so confused.

When I go to inmate locator for PA, it states that Bail status as Active with two bail amounts.
Two charges
(1) retail theft ($5000 BAIL)
(2) Fugitive from Justice !!!! ($50,000)
with commitment dates equal to date of the arrest on the PA charge(s).
And NJ remains listed under Detainer info.

Is this the intrastate agreement in affect??
Concurrent sentence, possible.

Formal arraignment on PA charges scheduled in February,2009.
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