On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, 01-05-0954-I.
Before Judges Pressler, Alley and Parker.
The opinion of the court was delivered by: Alley, J.A.D.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Defendant Charles Bond was charged with second-degree sexual assault, N.J.S.A. 2C:14-2b, and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a, on August 29, 1997. He pled guilty on June 15, 1998, to sexually assaulting a nine year-old girl and was sentenced the following day to the Adult Diagnostic and Treatment Center ("ADTC") for a term of five years. In addition to the custodial term, defendant was subject to the requirements of Megan's Law, N.J.S.A. 2C:7-1 to -11, and he was accordingly sentenced to community supervision for life ("CSL"). We affirmed defendant's conviction and sentence for second-degree sexual assault. State v. Bond, A-6965-98T4 (March 6, 2001).
In conjunction with his impending parole from imprisonment on that sentence, defendant signed a document on May 1, 2000, setting forth the conditions for CSL, as was required for his release on parole. The document stated:
I understand that pursuant to N.J.S.A. 2C:43-6.4 my sentence includes a special sentence of community supervision for life. I understand that during the service of the special sentence of community supervision for life I shall be under the supervision of the Bureau of Parole of the Department of Corrections and shall be subject to the following general conditions as established by the State Parole Board.
Among these conditions, he was required"to obey all laws" and to"refrain from the purchase, use, possession, distribution or administration of any narcotic or controlled dangerous substance... or any paraphernalia related to such substances except as prescribed by a physician" and"submit to drug or alcohol testing at any time as directed by the assigned parole officer." The form further stated,"I understand that I will be under the supervision of the Bureau of Parole of the Department of Corrections until I am released from community supervision by the Superior Court." By his signature, defendant acknowledged"that a violation of a condition specified above without good cause constitutes a crime of the fourth degree."
Six and one-half months after being paroled on May 1, 2000, defendant was indicted on November 16, 2000, on charges of committing the fourth-degree offenses of failure to register as a convicted sex offender, N.J.S.A. 2C:7-2a, and violating the conditions of CSL, N.J.S.A. 2C:43-6.4, under indictment No. 00-11-1941. Defendant pled guilty to the charge of violating the conditions of CSL on December 14, 2000, and on January 26, 2001, defendant was sentenced to a three-year term of probation which included the following conditions: (1) 193 days in county jail (time served), (2) compliance with the conditions of Megan's Law, including CSL, and (3) maintenance of full-time employment.
Defendant tested positive for the use of cocaine on March 7, 2001, and on May 25 he was charged with fourth-degree violation of CSL for such use, N.J.S.A. 2C:43-6.4, under indictment No. 01-05-0954. Defendant moved to dismiss that indictment, asserting that N.J.S.A. 2C:43-6.4 was unconstitutionally vague and overbroad and was a violation of the separation of powers doctrine. After arguments on the motion to dismiss, defendant pled guilty on November 9, 2001, for violating the terms of the three-year probation imposed for the charges contained in indictment No. 00-11-1941.
These violations were charged based on his having failed to report to his parole officer and tested positive for cocaine use. That same day, Judge Michael D. Farren sentenced defendant to a custodial term of eighteen months.
On April 3, 2002, Judge Farren issued a letter opinion denying defendant's motion to dismiss indictment No. 01-05-0954, finding that defendant was on notice that illegal drug use was prohibited under the conditions of CSL.
On April 8, 2002, defendant pled guilty to the fourth-degree offense of violating the conditions of CSL, as charged in indictment No. 01-05-0954. On April 11, 2002, Judge Farren sentenced defendant to a custodial term of ...