ASSEMBLY, No. 807
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Assemblyman REED GUSCIORA
District 15 (Mercer)
Assemblyman DOUGLAS H. FISHER
District 3 (Salem, Cumberland and Gloucester)
Assemblyman Diegnan, Assemblywoman Oliver, Assemblymen Prieto, Chivukula, Green, Albano, Giblin, Johnson, Senators Turner, Sarlo and Bateman
Authorizes court to provide alternatives for persons who default in payment of fines.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on January 28, 2008, with amendments.
An Act concerning municipal court fines and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1a.1 Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person 1[has defaulted on a court-imposed fine or State-assessed penalty] does not have the ability to pay a penalty in full on the date of the hearing or has failed to pay a previously imposed penalty, the court may order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay1, the court may:
1[a.] (1) reduce the penalty, suspend the penalty, or modify the installment plan;
(2)1 order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default;
1[b.] (3)1 revoke 1[or suspend the fine or]1 any unpaid portion of the 1[fine] penalty1, if the court finds that the circumstances that warranted the 1[fine] imposition1 have changed or that it would be unjust to require payment;
1[c.] (4)1 order the person to perform community service in lieu of payment of the 1[fine or]1 penalty1; or
(5) impose any other alternative permitted by law in lieu of payment of the penalty1.
1b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2).1
2. This act shall take effect immediately.