New Jersey 2C:44-3.
Criteria for Sentence of Extended Term of Imprisonment

The court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if it finds one or more of the grounds specified in subsection a., b., c., or f. of this section. The court shall, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime, other than a violation of N.J.S.:2C:12-1a., N.J.S.:2C:33-4, or a violation of N.J.S.:2C:14-2 or 2C:14-3 if the grounds for the application is purpose to intimidate because of gender, to an extended term ifit finds, by a preponderance of the evidence, the grounds in subsection e. If the grounds specified in subsection d. are found, and the person is being sentenced for commission of any of the offenses enumerated in N.J.S.:2C:43-6c. or N.J.S.:2C:43-6g., the court shall sentence the defendant to an extended term as required by N.J.S.:2C:43-6c. or N.J.S.:2C:43-6g., and application by the prosecutor shall not be required. The court shall, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime under N.J.S.:2C:14-2 or N.J.S.:2C:14-3 to an extended term of imprisonment if the grounds specified in subsectiong. of this section are found. The court shall, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime to an extended term of imprisonment if the grounds specified in subsection h. of this section are found. The court shall, upon application of the prosecuting attorney, sentence a person to an extended term if the imposition of such term is required pursuant to the provisions of section 2 of p .L.1994, c.130 (C.2C:43-6.4). The finding of the court shall be incorporated in the record.