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STATE v. CANNON

128 N.J. 546 (1992)

608 A.2d 341

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. COLLEEN F. CANNON, A/K/A KOLLEEN KANNON, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 14, 1992.

Attorney(s) appearing for the Case

Steven F. Kaflowitz, Special Deputy Attorney General, argued the cause for appellant (Edmund J. Tucker, Special Deputy Attorney General in Charge, Acting Union County Prosecutor, attorney).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney).

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for amicus curiae New Jersey Prosecutors' Association (Alan A. Rockoff, Middlesex County Prosecutor, attorney).

Debra L. Stone, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

Alan L. Zegas submitted a brief on behalf of amicus curiae New Jersey Association of Criminal Defense Lawyers.

The opinion of the Court was delivered by WILENTZ, C.J.

In this matter, the State, the Prosecutors' Association, and the Attorney General contend that the Intensive Supervision Program (ISP) is invalid as applied to first- and second-degree offenders. They assert that the Program conflicts with the legislative command that all such offenders must be imprisoned. We conclude that they are correct. We regret the conclusion because the Program has been an outstanding...

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