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State v. S.A.

Superior Court of New Jersey, Appellate Division, Union

March 8, 2019

STATE OF NEW JERSEY, Plaintiff,
v.
S.A., Defendant.

          Decided: August 22, 2018

          Julie A. Peterman, Assistant Prosecutor, for plaintiff (Michael A. Monahan, Acting Union County Prosecutor, attorney).

          Oleg Nekritin, for defendant (Law Offices of Robert J. DeGroot, attorneys).

          DEITCH, J.S.C.

         PROCEDURAL POSTURE/UNDERLYING EVENTS [1]

         On October 24, 2012, S.A. ("defendant") was arrested, housed in the Union County Jail, and his bail was set at $2, 000, 000. The next day defendant's bail was reduced to $1, 000, 000. On November 16, 2012, defendant pled guilty to one count of racketeering, in violation of N.J.S.A. 2C:41-2(c). On the same day, defendant's bail was reduced to $375, 000. On November 17, 2012, defendant was released from the Union County Jail on bail pending sentence.

         On February 21, 2013, the State moved for revocation of defendant's bail. The motion was granted. Defendant was arrested and remanded to the Union County Jail on February 25, 2013.

         On November 10, 2015, the United States Marshals Service for New Jersey issued a detainer for defendant. The same day, a writ of habeas corpus ad prosequendum and a federal warrant for defendant's arrest were provided to the Union County Jail. The writ was signed by the Honorable Vernon A. Broderick of the Southern District of New York and commanded that defendant be:

Released into the custody of the United States Marshals Service for the Southern District of New York or any other authorized law enforcement officer so that [defendant] may be transported under safe secure conduct to the custody of the Warden of the Metropolitan Correctional Center or the person there in charge, to be available for prosecution, as soon as defendant is available, in connection with his alleged commission of the crimes of kidnapping, discharge of a firearm, and conspiracy to distribute controlled substances [], and to appear as necessary thereafter until immediately after [defendant] shall have been discharged or convicted and sentenced, at which time [the Union County Jail] shall return [defendant] to the Hudson County Correctional Facility[.]

         Defendant was transferred that day. He was housed in the Metropolitan Correctional Center ("MCC"), a federal detention center located in Manhattan.

         Defendant remained at the MCC and was ultimately sentenced to time served on his federal charges on March 9, 2018. On March 27, 2018, defendant was transported back to the Union County Jail where he is currently being housed.

         The parties have now filed application to this court for a determination of jail credits. The issue was fully briefed and oral argument was held on July 27, 2018.

         ANALYSIS

         A. Jail Credits

         Rule 3:21-8 states that defendants "shall receive credit on the term of a custodial sentence for any time served in custody in jail or in a state hospital between arrest and the imposition of sentence." "Courts refer to this credit as 'jail credits.'" State v. Joe, 228 N.J. 125, 130 (2017) (quoting State v. Rawls, 219 N.J. 185, 192 (2014)). Jail credits are "undergirded by important policy considerations." Ibid. Jail credits promote equal protection and fundamental fairness by preventing the "double punishment" of indigent defendants who cannot afford bail. Ibid. In addition, jail credits must be applied "in a manner that prevents the real time served from turning on 'happenstance,' such as whether ...


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