(Intensive Supervision Program)
As an alternative to serving the entire period of incarceration given by a judge, a client can apply for admission into the ISP program. For convenience sake, think of this program as being the strictest type of probation you can imagine. The program is operated by the New Jersey Judiciary, so the entire application and evaluation process adheres to the standards set by the Court itself. Due to the fact that this program is run by the Courts, there is no appeal process for rejection from participation. While an applicant can apply for ISP without obtaining the assistance of a lawyer, a knowledgeable criminal defense lawyer like those at Bailey and Orozco can provide guidance and support when the application is being opposed by the State.
To be eligible, an applicant must demonstrate their willingness and desire to be admitted, and their intent to succeed in the ISP's strict program. Admission into ISP is viewed as an intermediate form of punishment, and should not be considered to be the equivalent of being released after serving out the entire prison sentence. One way to think of it is as 'serving' your sentence in the community, rather than behind the walls of a prison. The program is highly structured, with curfews, and considerable client supervision by the ISP officers.
The application process involves input from the original sentencing judge, the prosecutor who represented the State, the police department who conducted the investigation that led to the charges, the victim (if any), the staff who prepared the original pre-sentence report and any probation officers the client had in the past. To counter this, the applicant truly needs to be prepared to present the best 'plan' possible to establish that he will succeed in the program. This includes the designation of where the applicant will live, who he will live with, the availability of telephone services at that location, restrictions on types of pets at that location, and the designation of employment and educational objectives.
After admission, the client will have to maintain full-time employment; remain drug and alcohol free (with frequent drug test monitoring); attend treatment programs; complete community service obligations; live within a budget which will be subject to the approval by the ISP officer; maintain a diary which will be subject to being read by the ISP officer; and, pay all court ordered financial obligations, child support, and program participation costs.
Violations of the programs requirements are strictly enforced, with sanctions that can include increased curfew restrictions, home detention, and the return of the client to prison to complete the entire custodial sentence. The benefits of the program are significant for the successful participant, as only a small percentage of ISP participants who complete the program are convicted of a new indictable-level crime. In considering whether to retain the services of a criminal defense attorney like Howard W. Bailey to assist in the ISP application, it is important to remember that once an applicant has been rejected, there is no formal appeal process to appeal the rejection; and, that only a small percentage (approximately 20%) of all those who apply are admitted to the program.
