New Jersey § 1-1

§ 1-1.

a. This Title shall be known and may be cited as the “New Jersey Code of Criminal

Justice.” b. Except as provided in subsections c. and d. of this section, the code does not

apply to offenses committed prior to its effective date and prosecutions and dispositions

for such offenses shall be governed by the prior law, which is continued in effect

for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed after the effective date

of the code if any of the elements of the offenses occurred subsequent thereto. c. In any case pending on or initiated after the effective date of the code involving

an offense committed prior to such date: (1) The procedural provisions of the code shall govern, insofar as they are justly

applicable and their application does not introduce confusion or delay; (2) The court, with the consent of the defendant, may impose sentence under the provisions

of the code applicable to the offense and the offender. (3) The court shall, if the offense committed is no longer an offense under the provisions

of the code, dismiss such prosecution. d. (1) The provisions of the code governing the treatment and the release or discharge

of prisoners, probationers and parolees shall apply to persons under sentence for

offenses committed prior to the effective date of the code, except that the minimum

or maximum period of their detention or supervision shall in no case be increased. (2) Any person who is under sentence of imprisonment on the effective date of the

code for an offense committed prior to the effective date which has been eliminated

by the code or who has been sentenced to a maximum term of imprisonment for an offense

committed prior to the effective date which exceeds the maximum established by the

code for such an offense and who, on said effective date, has not had his sentence

suspended or been paroled or discharged, may move to have his sentence reviewed by

the sentencing court and the court may impose a new sentence, for good cause shown

as though the person had been convicted under the code, except that no period of detention

or supervision shall be increased as a result of such resentencing. e. The provisions of the code not inconsistent with those of prior laws shall be construed

as a continuation of such laws. f. The classification and arrangement of the several sections of the code have been

made for the purpose of convenience, reference and orderly arrangement, and therefore

no implication or presumption of a legislative construction is to be drawn therefrom. g. In the construction of the code, or any part thereof, no outline or analysis of

the contents of said title or of any subtitle, chapter, article or section, no cross-reference

or cross-reference note and no headnote or source note to any section shall be deemed

to be a part of the code. h. If said title or any subtitle, chapter, article or section of the code, or any

provision thereof, shall be declared to be unconstitutional, invalid or inoperative

in whole or in part, by a court of competent jurisdiction, such title, subtitle, chapter,

article, section or provision shall, to the extent that it is not unconstitutional,

invalid or inoperative, be enforced and effectuated, and no such determination shall

be deemed to invalidate or make ineffectual the remaining provisions of the title,

or of any subtitle, chapter, article or section of the code.