A defendant who has been previously sentence can returned to the sentencing court to asked the Judge to reduce or change the sentence. Applications of this nature must be filed not later than 60 days after the judgment of conviction and an appropriate order must be entered within 75 days after the judgement of conviction.

There are various exceptions to this rule which allow a defendant to request a reconsideration of  a sentence at "any time" after sentencing. Those exceptions are: (1) a request to change the custodial term into a custodial or non-custodial rehabilitation facility for substance abuse; (2) where the defendant is affected with a serious illness; (3) a joint application by the defendant and the prosecutor; (4) when otherwise authorized by New Jersey’s Criminal Code; (5) a request to correct an illegal sentence; and, (6) changing a custodial term to an intensive supervision program; and (7) where a prior conviction used in the sentence was reversed or vacated.

In those cases where the request is to allow a defendant to participate in an intensive supervision program, the application must be presented to a three-judge panel specially assigned to hear requests of this nature.  If defendant is admitted into the program and later defaults a three-judge panel will then have an opportunity to re-sentence that the defendant. It is s also important to know that a request for admission cannot be accepted if there is a parole ineligibility as part of the sentence where the parole ineligibility is mandated by statute.