State v. Franklin

The opinion of the Court was delivered by

ALBIN, J.

This case requires us to resolve whether juveniles are entitled to the same rights as adults with respect to “gap-time” credit and, if so, whether gap-time applies to a period of imprisonment served after a parole revocation. The gap-time statute, N.J.S.A. 2C:44-5b(2), is found in the Code of Criminal Justice, but there is no equivalent provision in the Code of Juvenile Justice (Juvenile Code). A defendant who is sentenced to terms of imprisonment for two separate offenses imposed on different sentencing dates is entitled to gap-time credit…