What Are Non-Custodial Sentences?

There are several alternatives to a sentence of imprisonment for a term. As noted above, a defendant may be placed on probation, and as a condition of probation, may be sentenced to spend up to 364 days in a county institution. N.J.S.A. 2C:43-2b(2). A term of incarceration is not the only condition of probation which may be imposed on a defendant. There are standard conditions adopted by the court, enumerated in N.J.S.A. 2C:45-1 as well as other special conditions which may be imposed (enumerated in N.J.S.A. 2C:45-1b(1) – (13).

A defendant also may be released under community supervision or may be required to perform community service. N.J.S.A. 2C:43-2b(5). Another alternative available to a jail term is a sentence to a halfway house or other residential facility in the community. N.J.S.A. 2C:43-2b(6). Finally, a defendant may be ordered to serve imprisonment at night or on weekends, with liberty to work or participate in training or educational programs. N.J.S.A. 2C:43-2b(7).

Where a defendant has received a suspended sentence and has been placed on probation, the maximum period of suspension is the lesser of five years or the maximum term in which could have been imposed by the court. N.J.S.A. 2C:45-2a.