NERA in New Jersey: The 85% Rule Explained

Reviewed by William A. Proetta, Esq. · Updated October 2026

Under the No Early Release Act, N.J.S.A. 2C:43-7.2, a person sentenced to prison for one of 22 listed first- or second-degree crimes must serve 85% of the sentence imposed before becoming eligible for parole. After release, the court must add a separate term of parole supervision: five years for a first-degree crime and three years for a second-degree crime.

NERA does not create new offenses or raise the sentencing range. It changes how much of the sentence is actually served. An ordinary prison term reaches parole eligibility after one-third, less credits. A NERA term reaches it only after 85%. That difference is why NERA exposure often shapes how a serious case is charged, negotiated and tried.

How N.J.S.A. 2C:43-7.2 Works

The statute has four working parts.

• Subsection (a), the rule. For a prison sentence on a listed first- or second-degree crime, the court “shall fix a minimum term of 85% of the sentence imposed,” with no parole eligibility during that period.
• Subsection (b), the math. The 85% is calculated on the sentence actually imposed. Life is treated as 75 years.
• Subsection (c), supervision. Five years of parole supervision for first degree, three years for second degree, in addition to the prison term.
• Subsection (d), the list. Only the enumerated offenses, and attempts or conspiracies to commit them, trigger the rule.

Once NERA applies, the sentencing court has no discretion over the length of the parole-ineligibility period. The judgment of conviction must state the parole bar and the supervision term.

A short history

NERA was enacted as P.L.1997, c.117, approved June 9, 1997, and effective immediately. It originally applied to any first- or second-degree “violent crime”: one causing death or serious bodily injury, involving a deadly weapon, or involving certain sexual assaults. On June 29, 2001, P.L.2001, c.129 replaced that test with a closed list. In State v. Parolin, 171 N.J. 223 (2002), the Supreme Court held the list does not apply retroactively, so earlier offenses are still judged under the old test. P.L.2024, c.83, approved October 18, 2024, added home invasion burglary and residential burglary.

The Complete List of NERA Offenses

Every offense below is named in N.J.S.A. 2C:43-7.2(d). NERA applies only if the conviction is first or second degree. Some listed offenses are always graded that high. Others have lower-degree versions that fall outside the rule.

Aggravated criminal sexual contact is not a NERA offense, although it is barred from expungement. And the list is closed: an unlisted crime does not become a NERA offense because it was violent or caused injury. That was the pre-2001 test.

First and Second Degree Only

The degree of the conviction is the gate. A third- or fourth-degree conviction never carries the 85% rule, even for a listed offense.

Aggravated assault. N.J.S.A. 2C:12-1(b) has no first-degree grade. The second-degree forms are causing or attempting serious bodily injury under (b)(1), strangulation of a domestic violence victim under (b)(13), assault on a law enforcement officer resulting in serious bodily injury under (b)(5)(a), causing bodily injury while fleeing police or while driving in violation of certain statutes under (b)(6), and the second-degree grade of (b)(8). The other forms, including (b)(2) and (b)(7), are third or fourth degree. Whether an injury is “serious” or merely “bodily” can decide NERA exposure. Our page on bodily injury versus serious bodily injury explains those definitions, and the New Jersey assault guide shows how the assault grades fit together.

Burglary. Burglary under N.J.S.A. 2C:18-2 is second degree only if the person inflicted, attempted or threatened bodily injury, or was armed with or displayed what appeared to be a deadly weapon or explosives. Otherwise it is third degree.

Residential burglary. N.J.S.A. 2C:18-2.2 is second degree and subject to NERA, unless the defendant proves by a preponderance of the evidence a reasonable belief that no one other than an accomplice was present. Then it stays second degree but is not subject to NERA.

Robbery and kidnapping. Every robbery and every kidnapping is first or second degree, so a prison sentence for either always carries the 85% rule.

Vehicular homicide. Normally second degree; first degree if the driver was intoxicated in a school zone or crossing; third degree, outside NERA, if the only reckless conduct was failing to maintain a lane.

Attempts, conspiracies and accomplices

Subsection (d) applies to a conviction for a listed crime “or an attempt or conspiracy to commit any of these crimes.” An attempted robbery can carry NERA, as long as the conviction itself is first or second degree. An accomplice convicted of a listed first- or second-degree crime is subject to NERA the same as a principal, even if the accomplice personally was unarmed.

The 85% Math: Worked Examples

Parole ineligibility is 85% of the term the judge actually imposes, not the maximum the defendant faced.

Ordinary ranges under N.J.S.A. 2C:43-6(a) are 10 to 20 years for first degree and 5 to 10 for second degree; first-degree kidnapping and carjacking carry their own higher ranges. A non-NERA five-year sentence reaches parole eligibility at one-third, about 20 months, less commutation and work credits, under N.J.S.A. 30:4-123.51(a). Under NERA, the same five years means at least 51 months.

When another mandatory minimum is longer

NERA never shortens another mandatory minimum; the longer bar controls. Murder carries its own 30-year parole bar. On a 30-year murder sentence, 85% would be 25.5 years, so the 30-year bar governs. On 40 years, 85% is 34 years, so NERA governs. Carjacking’s own minimum of at least five years works the same way.

What the judge tells you at sentencing

Under R. 3:21-4, the judge states the approximate time the defendant will actually serve, based on the State Parole Board’s eligibility tables. The estimate is informational; the Parole Board sets the real date. Ask counsel to confirm how any credits will apply in your case.

Mandatory Parole Supervision

The supervision term under N.J.S.A. 2C:43-7.2(c) begins when the prison sentence ends. If the person is serving another sentence at that point, it begins on release from that sentence. The person is supervised by the State Parole Board “as if on parole” and remains in the legal custody of the Commissioner of Corrections under N.J.S.A. 30:4-123.51b.

On a violation, a Parole Board panel can revoke release and return the person to custody for the remainder of the supervision term, or until the Board finds them eligible for release again. A violation does not reopen the original sentence. The exposure is the unserved supervision term, which can still mean years back in prison after the original sentence was fully served.

In State v. Njango, 247 N.J. 533 (2021), the Supreme Court held that NERA parole supervision is “part of a unitary sentence that is penal in nature.” Excess time a defendant was held in prison past the correct release date must be credited to reduce the supervision term.

Pleas, Downgrades and NERA

Amending the charge. A plea to a third-degree offense, or to an offense not on the list, carries no 85% rule. Examples are third-degree aggravated assault under 2C:12-1(b)(2) or (b)(7) in place of a (b)(1) count, or third-degree burglary. The reduction must change the offense of conviction.

Sentencing in a lower range. N.J.S.A. 2C:44-1(f)(2) lets a judge sentence a first- or second-degree conviction in the range one degree lower when clearly convinced that mitigating factors substantially outweigh aggravating factors and the interest of justice demands it. A sentencing-only downgrade does not change the offense of conviction, so do not assume it removes the 85% rule. Amending the charge does.

Presumption of imprisonment. NERA applies when the court imposes prison. For first- and second-degree convictions, N.J.S.A. 2C:44-1(d) presumes imprisonment unless prison would be a serious injustice that overrides the need to deter others. That standard is rarely met.

Notice and the plea form. Under R. 3:21-4, the prosecutor files and serves a NERA notice within 14 days of the plea or verdict (at or before the plea in a negotiated plea), and the judgment states whether the sentence was imposed under the statute. A supplemental plea form confirms the defendant understands the 85% requirement and the supervision term. In State v. Johnson, 182 N.J. 232 (2005), the Supreme Court held that the supervision term is a direct, penal consequence of a guilty plea. A defendant not told about it may move to vacate the plea by showing the omission was material and prejudicial.

A serious NERA charge can also prompt a motion for detention before trial; see our guide to pretrial release and detention in New Jersey. For how indictable cases reach Superior Court, see indictable versus municipal charges.

Juveniles Waived to Adult Court

NERA does not apply in juvenile court. The juvenile disposition statute, N.J.S.A. 2A:4A-44, caps terms (four years for most first-degree adjudications, three for second degree) and contains no 85% rule.

Waiver to adult court changes that. A juvenile convicted as an adult is sentenced as an adult, and NERA applies as it would to anyone else. The waiver decision is often the most consequential point in the case.

Release Motions and Expungement Limits

Early release. In State v. Chavies, 247 N.J. 245 (2021), the Supreme Court held that a defendant cannot seek release for illness or infirmity under R. 3:21-10(b)(2) until the 85% period has been served.

Expungement. The bar list in N.J.S.A. 2C:52-2(b), not NERA status, controls. Some NERA offenses are barred. Others are not and may be eligible later, depending on waiting periods and the rest of the record.

Attempts and conspiracies to commit a barred offense are barred too. Our expungement page explains the process. Non-citizens should also review the immigration consequences of any plea.

Defending a NERA Case

NERA cases turn on the elements that set the degree. In assault, that is usually the medical evidence and the defendant’s mental state. In burglary, whether anyone was threatened or a weapon displayed. In robbery, whether force or a weapon was used at all. Each can move a charge below the second-degree line. Our defense strategies section explains how those issues are tested. County practice matters too; for assault charges, see our Middlesex County assault section.

Facing a NERA Charge

The gap between a NERA and a non-NERA conviction is often years of actual prison time, and it is usually decided early. If you or a family member is charged with a listed offense anywhere in New Jersey, call William Proetta Criminal Law at (201) 793-8018 for a free, confidential case review, or contact us.