Criminal Law Questions? Ask a Criminal Lawyer.
Good morning,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.The answer to your question is quite interesting. Your state of residence does not impact the amount of time you do in prison if convicted and sentenced. The laws of the state where you are convicted determine that.
The state of PA does not have Good Time credit for state prisoners, while the state of NJ does. In Pennsylvania, parole is a privilege, not a right; it is not automatic or guaranteed. Pennsylvania has both state and county level parole systems, and if your sentence is for more than 2 years, the state parole system will determine whether you will be released early. There is no good time credit and so you are reliant on the parole system for ant early release.In NJ, you get the basic 1/3 time credit---reducing your sentence by 1/3 and you can get additional good time credit for working in the institution, credit for time spent in minimum custody and credit for time spent in jail before to being transferred to prison. Here is a link to the law, and below is an excerpt from the law:
Commutation credit or "good time" is credit awarded to an inmate pursuant to N.J.S.A. 30:4-140. It is not an earned credit but is a credit automatically applied in the computation of a parole eligibility date. Commutation credit awarded in the
calculation of parole eligibility is based on the balance of one-third (1/3) of the term imposed less jail credit. An inmate may lose commutation credit as a result of institutional misconduct.
Jail credit is credit awarded by the court for days spent in custody prior to the date of sentence. Jail credit may include Rosado credit.
Work credit is credit earned pursuant to N.J.S.A. 30:4-92 at the rate of one (1) day for every five (5) days the inmate works in the institution.
Minimum custody credit is credit earned pursuant to N.J.S.A. 30:4-92 at the rate of three (3) days per month during the first year that an inmate is classified into minimum custody, and at a rate of five (5) days per month after the first year of minimum custody status.
You may reply back to me again, using the Reply to Expert link, if you have additional questions.I wish you the best in your future,Doug
I am sorry for confusion, What i was asking, Am I eligible for 1/3 time credit in New Jersey if I am not resident of New Jersey (I am resident of PA). Let say a crime was in NJ, and i am resident of PA. Who is going to suite me NJ State or PA. I heard this : tho people did medical fraud in New Jersey. One man is from NY State and second one from NJ State. They were guilty. Both of them gave to serve 3 years. Who is resident NJ was get credit 1/3. Who was resident od NY was no credit.
So my questrion what is better for me to be NJ or PA resident if i will be guilty in New Jersey . I hope i will never do anything bad, but sometimes you never know.
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