‘Brimage’ Guidelines / Drug Reform Act, N.J.S.A. 2C:35
Under the Drug Reform Act, certain mandatory minimum prison sentences are imposed on drug offenders and are applicable to a number of violations, thus:
- Where an accused is charged with the distribution of illegal drugs within 1000 feet of a school or possession of an illegal substance with the intent to distribute within 1000 feet of a school, the defendant will be mandated to serve between 1/3 to 1/2 of his prison term or one year—whichever is greater—without the possibility of parole. In addition, the accused may be required to pay a fine up to $150,000.
- If the defendant was convicted for either manufacturing, distributing or dispensing drugs, he or she shall be sentenced to a parole ineligibility period between 1/3 to 1/ 2 of the initial sentence. The court may also impose a fine up to $500,000 as well.
- A person 18 years old or older who uses, solicits, directs, hires or employs a minor (17 years of age or younger) to manufacture, distribute, or dispense drugs shall serve an equivalent of 1/3 to 1/2 of his prison sentence before becoming eligible for parole. A fine may also be imposed, but shall not exceed $500,000 or five times the street value of the controlled substance involved.
- Waiver: The mandatory period of ineligibility required under the Drug Reform Act may be waived or reduced in accordance with a negotiated agreement. Similarly, where there has been a trial and the defendant and prosecution have reached a post-conviction agreement, which allows for a less severe sentence or parole eligibility period, that agreement will control.
Crimes that Trigger ‘Brimage’:
- Possession with the intent to distribute in a school zone
- First degree possession with the intent to distribute
- Extended Term
- Use of Juvenile in Drug Distribution
- Drug Production Facility
- Leader of Narcotics Trafficking Network
- Note, however, Public Housing/Public Park (2C:35-7.1) does NOT trigger ‘Brimage’.
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