STATE OF NEW JERSEY VS. KRIS B. MYERSÂ (13-11-3313, CAMDEN COUNTY AND STATEWIDE), A-5646-14T4

Kris B. Meyers robbed a food store with a large knife, taking $80; he asserts the robbery was driven by heroin addiction.
Indicted for first-degree robbery and weapons offenses; pled guilty to downgraded second-degree robbery under a plea agreement recommending up to eight years and NERA (85% parole ineligibility) exposure; other counts dismissed.
Sentenced to six years with an 85% parole ineligibility period and three years of parole supervision; sentence affirmed on direct appeal and certification denied.
After sentencing and while serving his NERA term, Meyers moved for transfer to a drug treatment program under R. 3:21-10(b)(1) and separately for admission to Drug Court; both motions were denied by the trial court.
Trial court denied the R. 3:21-10(b)(1) motion for lack of jurisdiction while a statutory parole-ineligibility period remains, and for failure to provide required expert affidavit and proof of acceptance into a licensed program.
Trial court concluded (incorrectly as to statutory eligibility) Meyers was ineligible for Drug Court; appellate court affirms denial on alternative grounds: untimeliness and procedural noncompliance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Whether R. 3:21-10(b)(1) transfer to treatment is available during a NERA parole-ineligibility term	State: Court lacks jurisdiction to transfer inmate during statutory parole-ineligibility period	Meyers: He should be permitted transfer despite serving NERA term and lacked required expert documents	Held: Denial affirmed — statutory parole-ineligibility bars R. 3:21-10(b)(1) relief; Meyers also failed to provide required expert affidavit and program acceptance proof
2. Whether Meyers is statutorily ineligible for Drug Court because of his second-degree robbery conviction	State: Trial court found statutory ineligibility	Meyers: He is eligible and meets standards for Drug Court admission	Held: Although trial court misapplied statutory eligibility (legislature made second-degree robbery eligible), denial is affirmed on other grounds
3. Whether Drug Court application could be made after sentencing and while serving a prison term	State: Application was untimely; Drug Court applications are intended pre-sentencing or via VOP referral	Meyers: He may apply post-conviction while in custody	Held: Denial affirmed — application was untimely; no authority permits seeking Drug Court while serving a prison term; applicant must apply before plea/sentencing or via proper VOP/referral procedures

State v. Meyer, 192 N.J. 421 (2007) (describing Drug Court purpose and statutory scheme)
State v. Schubert, 212 N.J. 295 (2012) (appellate plenary review of legal questions)
State v. Handy, 206 N.J. 39 (2011) (standard for appellate review of legal determinations)
State v. Maurer, 438 N.J. Super. 402 (App. Div. 2014) (procedural guidance on Drug Court matters)
State v. Brown, 384 N.J. Super. 191 (App. Div. 2006) (parole-ineligibility period bars R. 3:21-10(b) transfer)
State v. Diggs, 333 N.J. Super. 7 (App. Div. 2000) (inmate serving parole-ineligibility cannot be transferred to treatment until minimum term expires)
State v. Mendel, 212 N.J. Super. 110 (App. Div. 1986) (Graves Act mandatory minimum bars Rule-based transfer)
State v. Clarke, 203 N.J. 166 (2010) (Drug Courts are judicially created; Manual governs procedures)
State v. Heisler, 422 N.J. Super. 399 (App. Div. 2011) (appellate court may affirm on different grounds than trial court)
State v. McKinney, 140 N.J. Super. 160 (App. Div. 1976) (burden on applicant to demonstrate suitability for treatment transfer)