TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Change
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — CRIMINAL PART

[________________________________] COUNTY

Motion Header

DEFENDANT'S MOTION TO CHANGE SENTENCE PURSUANT TO RULE 3:21-10

Defendant [________________________________], by and through [his/her/their] attorney, [________________________________], Esq., respectfully moves this Court for an order reducing or changing the sentence previously imposed on [__/__/____], pursuant to New Jersey Court Rule 3:21-10, and in support thereof certifies as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. SBI Number: [________________________________]

3. Date of Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Plea or Verdict: ☐ Guilty Plea ☐ Negotiated Plea ☐ Jury Verdict ☐ Bench Trial

7. Sentence Imposed: [________________________________]

8. Parole Eligibility Date: [__/__/____]

9. Maximum Release Date: [__/__/____]

10. Filing Deadline (60 days from judgment): [__/__/____]

11. Basis for Filing Beyond 60 Days (if applicable): [________________________________]

Grounds for Sentence Change

Defendant respectfully requests a change of sentence on the following grounds:

Within 60-Day Window (R. 3:21-10(a)):

☐ A. General Reconsideration. The sentence should be reduced or changed for the reasons set forth herein: [________________________________]

Available at Any Time (R. 3:21-10(b)):

☐ B. Drug/Alcohol Treatment (R. 3:21-10(b)(1)). Defendant should be transferred to a custodial or non-custodial treatment/rehabilitation program: [________________________________]

☐ C. Illness or Infirmity (R. 3:21-10(b)(2)). Defendant should be released due to illness or infirmity: [________________________________]

☐ D. Joint Application for Good Cause (R. 3:21-10(b)(3)). Good cause exists for a change on joint application of defendant and prosecutor: [________________________________]

☐ E. Change Authorized by Code (R. 3:21-10(b)(4)). A change is authorized by the Code of Criminal Justice: [________________________________]

☐ F. Illegal Sentence (R. 3:21-10(b)(5)). The sentence is not authorized by law: [________________________________]

☐ G. Intensive Supervision Program (R. 3:21-10(b)(6)). Defendant is eligible for admission to the Intensive Supervision Program: [________________________________]

☐ H. Reversal of Prior Conviction (R. 3:21-10(b)(7)). A prior conviction used in sentencing has been reversed or vacated: [________________________________]

☐ I. Changed Circumstances. Extraordinary circumstances warrant a change in the sentence: [________________________________]

☐ J. Cooperation with Authorities. Defendant has provided substantial cooperation with law enforcement since sentencing: [________________________________]

Mitigating Factors

The following mitigating factors under N.J.S.A. 2C:44-1(b) support a reduced sentence:

☐ Defendant's conduct neither caused nor threatened serious harm

☐ Defendant did not contemplate that the conduct would cause or threaten serious harm

☐ Defendant acted under strong provocation

☐ Substantial grounds tending to excuse or justify Defendant's conduct

☐ The victim induced or facilitated the commission of the crime

☐ Defendant has compensated or will compensate the victim

☐ Defendant has no history of prior delinquency or criminal activity

☐ Defendant's conduct was the result of circumstances unlikely to recur

☐ Defendant's character and attitude indicate unlikely recidivism

☐ Defendant is likely to respond affirmatively to probationary treatment

☐ Imprisonment would entail excessive hardship to Defendant or dependents

☐ The willingness of Defendant to cooperate with law enforcement

☐ The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant has achieved the following:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community members (number attached: [____])

☐ Letters from treatment providers (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

[________________________________]

Legal Authority

A. R. 3:21-10(a) — The court may reduce or change a sentence within 60 days of the date of the judgment of conviction. The court itself may act within 75 days.

B. R. 3:21-10(b) — Provides seven enumerated exceptions allowing motions at any time: transfer to treatment, release for illness/infirmity, joint application for good cause, changes authorized by the Code, correction of illegal sentences, ISP entry, and reversal of prior convictions.

C. N.J.S.A. 2C:44-1 — Sets forth the criteria for sentencing, including aggravating and mitigating factors.

D. State v. Roth, 95 N.J. 334 (1984) — Establishes the framework for appellate review of sentences.

E. Additional Authority:

[________________________________]

Proposed Order

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — CRIMINAL PART

[________________________________] COUNTY

Indictment No.: [________________________________]

ORDER

THIS MATTER having come before the Court on Defendant's Motion to Change Sentence pursuant to R. 3:21-10, and the Court having considered the motion, the State's response, and the arguments of counsel:

IT IS ON THIS [____] DAY OF [________________________________], [____], ORDERED that:

☐ The motion is GRANTED. The sentence is changed as follows: [________________________________]

☐ The motion is DENIED.

_________________________________________
Hon. [________________________________], J.S.C.

Certificate of Service

I hereby certify that on [__/__/____], I served a copy of the foregoing Motion to Change Sentence upon:

☐ Hand delivery
☐ Regular mail, postage prepaid
☐ Electronic service via eCourts

[________________________________] County Prosecutor's Office
[________________________________]
[________________________________]

Dated: [__/__/____]

_________________________________________
[________________________________], Esq.
Attorney for Defendant
Attorney ID No.: [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Filing Deadline: The general deadline is 60 days from the date of the judgment of conviction. However, Rule 3:21-10(b) provides seven enumerated exceptions that permit filing at any time.

Graves Act / NERA Limitations: Relief is generally unavailable while a defendant is serving a Graves Act (N.J.S.A. 2C:43-6) mandatory parole-ineligibility term, except in extraordinary medical circumstances. Similar limitations apply to NERA sentences (N.J.S.A. 2C:43-7.2).

Distinction from Appeal: Filing a Rule 3:21-10 motion does not necessarily foreclose a direct appeal. Under Rule 3:21-10(d), the trial court may consider the motion while an appeal is pending if the Appellate Division is notified. The Appellate Division also retains authority under N.J.S.A. 2C:44-7 to review sentencing decisions.

ISP Program: Rule 3:21-10(b)(6) permits motions for ISP entry at any time. ISP matters are heard by a designated two-judge panel under Rule 3:21-10(e) (amended Oct. 3, 2018) with limited appellate review.

COVID-19 Precedent: In Request to Modify Prison Sentences, 242 N.J. 357 (2020), the New Jersey Supreme Court recognized the pandemic as a "changed circumstance" supporting relief. Subsequent decisions have clarified the limits of this doctrine.

Relationship to Post-Conviction Relief: For constitutional claims arising after the direct appeal process, defendants may pursue post-conviction relief under N.J. Ct. R. 3:22-1 et seq. PCR petitions must generally be filed within five years of the judgment of conviction.

Reversal of Prior Conviction: Rule 3:21-10(b)(7) permits a sentence change at any time when a prior conviction used in sentencing has been reversed on appeal or vacated by collateral attack.