Juvenile not entitled to credit for time spent in a
residential program for treatment of juvenile sex offenders
because the program was not custodial. State in the Interest
of S.T., 273 N.J. Super. 436 (App.Div. 1994).
Generally, credit for time spent serving sentence in one
jurisdiction will not be given against sentence in another
jurisdiction. Breeden v. N.J. Dept. of Corrections, 132 N.J.
457, 464 (1993). Accord, State v. Hugley, 198 N.J.Super.
152 (App. Div. 1985). But see, State v. Dela Rosa, 327 N.J.
Super. 295 (App. Div.), certif. denied 164 N.J. 191 (2000).
Defendant, who was transferred to New Jersey
pursuant to the Interstate Agreement on Detainers Act, but
the time spent here was attributable to his current New
York sentence, was not due jail credits under R. 3:21-8, but
was entitled to gap time credits. State v. Dela Rosa, supra.
But see, State v. Hugley, 198 N.J. Super. 152 (App. Div.
1985).
The existence of a detainer filed by Camden County
Prosecutor did not entitle defendant to credit for time
spent awaiting disposition of unrelated Cumberland
County charges, which were subsequently dismissed,
especially where the detainer had no effect upon period of
time for which he was incarcerated on the Cumberland
indictment. State v. Hill, 208 N.J. Super. 492, 495 (App.
Div. 1986), certif. denied 104 N.J. 412 (1986); State v.
Marnin, 108 N.J. Super. 442, 445 (App. Div.), certif.
denied 55 N.J. 598 (1970), cert. denied 400 U.S. 835
(1971); State v. Council, 137 N.J.Super. 306, 308 (App.
Div. 1975).
Defendant was entitled to jail credit for time he was
detained by New York correctional authorities after his
release date because of New Jersey detainer since such
confinement was due solely to action taken by New Jersey.
State v. Beatty, 128 N.J.Super. 488, 490 (App. Div. 1974).
Defendant was entitled to credit for the time he spent
in state prison after his federal sentence expired and until he
was paroled on state convictions against both his state
sentence and parole disqualifier. He was also entitled to
credit against his aggregate sentence -- but not against the
parole ineligibility term -- for the time spent on state parole
until his resentencing and subsequent imprisonment. State
v. Mercadante, 299 N.J. Super. 522, 533-534 (App. Div.),
certif. denied 150 N.J. 26 (1997).
In State v. Grate, 311 N.J. Super. 456 (App. Div.
1998), certif. denied 156 N.J. 411 (1998), the Appellate
Division upheld the award of jail credits to defendant, for
time served while awaiting disposition of his indictment.
Defendant had initially made bail on these charges, but
could not pay the combined bail imposed when arrested on
new charge. When he was acquitted on the additional
charge, he was released on the original bail posted. The
Court found that defendant was entitled to jail credit
against sentence imposed on original offense and such
credits could be applied to parole ineligibility term.B. Gap-Time Credits - N.J.S.A. 2C:44-5b(2)Gap time credits must be awarded under N.J.S.A.
2C:44-5b(2) when: 1) a defendant has already been
sentenced to a term of imprisonment; 2) defendant is
subsequently sentenced to another term of imprisonment,
and 3) the subsequent sentence is for an offense that
occurred prior to the imposition of the first sentence.In Richardson v. Nickolopoulos, 110 N.J. 241 (1988),
the Supreme Court held that “gap-time credit” to which
defendant was entitled under N.J.S.A. 2C:44-5b(2) at time
of second sentence, for an offense committed prior to
imposition of first sentence, applied only to base term of
aggravated sentences, and did not reduce defendant’s
parole ineligibility term on second sentence.N.J.S.A. 2C:44-5b(2) does not require that concurrent
sentences imposed at different times be served
coterminously. State v. Benedetto, 221 N.J. Super. 573, 578
(App. Div. 1987), certif. denied 111 N.J. 559 (1988).
When concurrent sentences are imposed, the shorter term
merges into and is satisfied by discharge of the longer term.Gap-time credits do not reduce parole ineligibility
terms. Booker v. New Jersey State Parole Bd., 136 N.J. 257,
263 (1994); Mitnaul v. New Jersey Parole Board, 280 N.J.
Super. 164 (App. Div. 1995).Where a defendant is sentenced to a period of parole
ineligibility, gap-time credit only reduces the aggregate
term to be served after the defendant serves the mandatory
period of incarceration. Booker v. New Jersey State Parole
Bd., 136 N.J. 257, 267 (1994).Where a defendant receives no mandatory period of
incarceration, gap-time credit reduces the aggregate term
and the Parole Board must compute defendant’s parole
eligibility date on the basis of the reduced aggregate
sentence. Booker v. New Jersey State Parole Bd., 136 N.J. at
267.Defendant not entitled to gap-time credit for time
period before sentence but after his parole for prior offenses