Who Decides Whether A Person Is Admitted Into ISP?
The panel that decides application for ISP is comprised of three (3) judges. The panel determines, by majority vote, whether someone is admitted into the program.
Is Anyone Excluded From The Program (i.e. Ineligible)?
There are many exclusions that apply in terms of eligibility for the Intensive Supervision Program. The following cases and defendants are excluded from the program:
- Those serving custodial sentences or previously convicted of a first degree crime;
- Charges involving a substantial likelihood of organized criminal activity;
- Cases that carry a period of parole ineligibility/mandatory minimum sentence, for example, those falling under the Graves Act, Brimage Guidelines, or NERA;
- Individuals who have previously participated in ISP; and
- Defendants convicted of second degree unlawful possession of a handgun, unlawful possession of a machine gun, or unlawful possession of an assault weapon.
What Happens If The Prosecutor Objects To Admission?
If the defendant is serving a prison sentence for a second degree crime, prosecutor objection will render an individual ineligible for ISP unless they have served at least six (6) months of their sentence and is within nine (9) months of parole eligibility.
The process for filing an application for ISP can be very complicated and definitely warrants assistance from an experienced defense lawyer, if at all possible. If you or a loved one is interested in our assistance in obtaining admission into the Intensive Supervision Program, do not hesitate to contact us.