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What is the 85 Percent Law in New Jersey?

Published in New Jersey Criminal Law 3 mins read

The 85 percent law in New Jersey refers to the No Early Release Act (NERA), a critical piece of legislation that mandates individuals convicted of certain violent crimes serve a significant portion of their sentence before becoming eligible for parole.

Understanding the No Early Release Act (NERA)

Enacted to ensure that offenders convicted of serious violent offenses spend a substantial amount of time incarcerated, NERA requires defendants to serve 85 percent of their imposed prison sentence before they can be considered for parole or any form of early release. This law significantly limits the amount of "good time" credits or other reductions that might otherwise shorten a sentence.

Crimes Subject to the 85% Rule

NERA specifically applies to violent crimes. In New Jersey, violent crimes under NERA are defined as offenses that involve or result in death or serious bodily injury. This broad definition covers a range of serious felonies, ensuring that those who commit the most harmful acts serve the majority of their time.

Key Characteristics of NERA:

  • Mandatory Minimum: It establishes a mandatory minimum period of incarceration.
  • Violent Crimes Focus: Specifically targets offenses causing death or serious bodily injury.
  • Parole Ineligibility: Offenders are ineligible for parole until 85% of their sentence is served.
  • Limited Credits: Greatly reduces the impact of "good time" credits or other time-off programs that typically shorten sentences.

How NERA Impacts Sentencing and Release

For individuals convicted of crimes falling under NERA, the impact on their potential release date is substantial. Unlike standard sentences where inmates might become eligible for parole after serving a third or half of their term, NERA ensures a much longer period of incarceration.

Let's illustrate with an example:

  • Standard Sentence (Non-NERA): A 10-year sentence might allow parole eligibility after approximately 3.5 years (one-third) or 5 years (one-half), plus potential for "good time" credits further reducing time served.
  • NERA Sentence: A 10-year sentence under NERA means the individual must serve a full 8.5 years (85%) before even being considered for parole.

This strict requirement aims to enhance public safety by keeping dangerous offenders incarcerated for longer periods, fulfilling the punitive and deterrent goals of the justice system.

Common Questions About the 85 Percent Law

To further clarify, here's a quick overview of NERA:

Aspect Description
Official Name No Early Release Act (NERA)
Percentage Required 85% of the imposed sentence must be served
Applicable Crimes Violent crimes resulting in death or serious bodily injury
Impact on Parole Delays parole eligibility significantly compared to non-NERA offenses
Purpose To ensure serious violent offenders serve a substantial portion of their sentence, enhancing public safety

For more detailed information on New Jersey's sentencing laws, including the No Early Release Act, you can refer to the official New Jersey Statutes. Learn more about the No Early Release Act here.