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STATE v. KYC

257 N.J. Super. 600 (1992)

608 A.2d 1013

STATE OF NEW JERSEY, PLAINTIFF, v. TIMOTHY KYC, DEFENDANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided May 27, 1992.

Attorney(s) appearing for the Case

Nicholas L. Bissell, Jr., Prosecutor of Somerset County, James L. McConnell, Assistant Prosecutor, appearing for the State.

William J. Bizub, Deputy Public Defender of Somerset County, Anthony J. Mignella, Assistant Deputy Public Defender, appearing for the defendant.

IMBRIANI, P.J.Cr.

Can a prison inmate who is released from prison to return to his home under a Home Confinement Program (hereafter HCP) be convicted of escape if he leaves the program without authorization? We hold he cannot.

HCP is a novel and experimental program adopted by the Department of Corrections in September, 1989 and administered by the Bureau of Parole. Its purpose is to alleviate jail overcrowding and serve as a program of conditional release...

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