Superior Court of New Jersey, Appellate Division, Union
Decided: August 22, 2018
A. Peterman, Assistant Prosecutor, for plaintiff (Michael A.
Monahan, Acting Union County Prosecutor, attorney).
Nekritin, for defendant (Law Offices of Robert J. DeGroot,
POSTURE/UNDERLYING EVENTS 
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.
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
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[.]
was transferred that day. He was housed in the Metropolitan
Correctional Center ("MCC"), a federal detention
center located in Manhattan.
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.
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.
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 ...