STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Cape May, Atlantic and Cumberland)
Increases the application fee and provides for an admission fee to pre-trial intervention; dedicates fee increase for victim services.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning pre-trial intervention and amending N.J.S.2C:43-13.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:43-13 is amended to read as follows:
2C:43-13. Supervisory Treatment Procedure a. Agreement. The terms and duration of the supervisory treatment shall be set forth in writing, signed by the prosecutor and agreed to and signed by the participant. Payment of the assessment required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be included as a term of the agreement. If the participant is represented by counsel, defense counsel shall also sign the agreement. Each order of supervisory treatment shall be filed with the county clerk.
b. Charges. During a period of supervisory treatment the charge or charges on which the participant is undergoing supervisory treatment shall be held in an inactive status pending termination of the supervisory treatment pursuant to subsection d. or e. of this section.
c. Period of treatment. Supervisory treatment may be for such period, as determined by the designated judge or the assignment judge, not to exceed three years, provided, however, that the period of supervisory treatment may be shortened or terminated as the program director may determine with the consent of the prosecutor and the approval of the court.
d. Dismissal. Upon completion of supervisory treatment, and with the consent of the prosecutor, the complaint, indictment or accusation against the participant may be dismissed with prejudice.
e. Violation of conditions. Upon violation of the conditions of supervisory treatment, the court shall determine, after summary hearing, whether said violation warrants the participant's dismissal from the supervisory treatment program or modification of the conditions of continued participation in that or another supervisory treatment program. Upon dismissal of the participant from the supervisory treatment program, the charges against the participant may be reactivated and the prosecutor may proceed as though no supervisory treatment had been commenced.
f. Evidence. No statement or other disclosure by a participant undergoing supervisory treatment made or disclosed to the person designated to provide such supervisory treatment shall be disclosed, at any time, to the prosecutor in connection with the charge or charges against the participant, nor shall any such statement or disclosure be admitted as evidence in any civil or criminal proceeding against the participant. Nothing provided herein, however, shall prevent the person providing supervisory treatment from informing the prosecutor, or the court, upon request or otherwise as to whether or not the participant is satisfactorily responding to supervisory treatment.
g. Delay. No participant agreeing to undergo supervisory treatment shall be permitted to complain of a lack of speedy trial for any delay caused by the commencement of supervisory treatment.
A person applying for admission to a program of supervisory treatment shall pay to the court a fee of [$75.00] $175. An additional admission fee of $200 shall be required upon acceptance into the supervisory treatment program. [The court shall forward all money collected under this subsection to the treasurer of the county in which the court is located. This money shall be used to defray the cost of juror compensation within that county.] A person may apply for a waiver of [this] the application fee and the admission fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey. Of the moneys collected under this subsection[, $30.00 of each application fee shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994,the $75.00] $75 of the application fee shall be paid to the court, for use by the State and the remaining $100 of the application fee and the additional $200 admission fee shall be deposited in the Victim and Witness Advocacy Fund, established in the State Treasury by section 2 of P.L.1979, c.396 (C.2C:43-3.1), administered by the Department of Law and Public Safety through the Division of Criminal Justice.
(cf: P.L.1993, c.275, s.15)
2. This act shall take effect immediately.
This bill would increase the fee for application to a pre-trial intervention program and provide for an additional admission fee to the program. This increase would be earmarked for the benefit of victims and witnesses of crime. Currently, all applicants to supervisory treatment pay a $75 application fee.
Under the provisions of the bill, the current $75 application fee would be increased to $175. In addition, the bill provides for a new $200 admission fee once the person is accepted into the program. Of the $175 application fee, $75 would continue to be deposited into the General Fund while the remaining $100 of the application fee would be deposited in the Victim and Witness Advocacy Fund, established in the State Treasury by section 2 of P.L.1979, c.396 (C.2C:43-3.1). This fund is administered by the Department of Law and Public Safety through the Division of Criminal Justice, to support the development and provision of services to victims and witnesses of crimes. The additional $200 admission fee paid upon acceptance into the program shall also be deposited in the Victim and Witness Advocacy Fund. Pursuant to the provisions of N.J.S.A.52:4B-43.1 monies deposited in the Victim and Witness Advocacy Fund are designated to fund the operation of the State Office of Victim and Witness Advocacy, the 21 county offices of Victim and Witness Advocacy and to provide funding to other public entities and not-for-profit organizations that provide direct services to victims and witnesses.
In addition, this bill eliminates that section of current law which provides that $30 of the fee be deposited in the “County Purposes Tax Relief Fund” since that fund is no longer in existence. This tax relief fund was a temporary reserve fund created pursuant to the Judicial Unification Act, P.L.1993, c.75, which terminated on December 31, 1994. Since 1995 the $75 application fee has been transferred into the General Fund.
It is the sponsor’s intent to provided a new source of funding for victim and witness programs to foster expansion of services to victims of crimes.