ASSEMBLY, No. 3748

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 24, 2011

 


 

Sponsored by:

Assemblyman  ANGEL FUENTES

District 5 (Camden and Gloucester)

Assemblyman  GILBERT "WHIP" L. WILSON

District 5 (Camden and Gloucester)

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Provides for a municipal court community service fee.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning community service, amending N.J.S.22A:3-4 and supplementing Title 22A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1.      N.J.S.22A:3-4 is amended to read as follows:

22A:3-4.  Fees for criminal proceedings.

     The fees provided in the following schedule, and no other charges whatsoever, shall be allowed for court costs in any proceedings of a criminal nature in the municipal courts but no charge shall be made for the services of any salaried police officer of the State, county or municipal police. 

     For violations of Title 39 of the Revised Statutes, or of traffic ordinances, at the discretion of the court, up to but not exceeding $33.

     For all other cases, at the discretion of the court, up to but not exceeding $33.  In addition, the municipal court may assess a  $25 community service fee against any person sentenced by the court to perform community service. If the community service program is established by and is under the supervision of the municipality, that municipality shall retain the community service fee.  If the community service program is established by or is under the supervision of the Probation Division, the division shall retain the community service fee. Monies collected under this section by a municipality or the Probation Division shall be used exclusively for the costs associated with administering the community service program and shall be collected pursuant to section 2 of P.L.    , c.    (C.     ) (pending before the Legislature as this bill).

     In municipal court proceedings, the court shall impose court costs within the maximum limits authorized by this section, as follows: 

     a.     For every violation of any statute or ordinance the sum of $2.00. The court shall not suspend the collection of this $2.00 court cost assessment.  These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Fund, created pursuant to N.J.S.2B:12-30. 

     b.    For each fine, penalty and forfeiture imposed and collected under authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State the sum of $.50.  The court shall not suspend the collection of this $.50 court cost assessment.  These court cost assessments shall be collected by the municipal court administrator for deposit into the "Emergency Medical Technician Training Fund" established pursuant to P.L.1992, c.143 (C.26:2K-54 et al.). 

     c.     For every violation of any statute or ordinance the sum of $3 to fund the Statewide modernization of the Automated Traffic System.  The court shall not suspend the collection of this $3 court cost assessment.  These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Statewide Modernization Fund, established pursuant to section 1 of P.L.2004, c.62 (C.2B:12-30.1).

     The provisions of this act shall not prohibit the taxing of additional costs when authorized by R.S.39:5-39. 

     For certificate of judgment......... $4.00

     For certified copy of paper filed with the court as a public record:

     First page......... $4.00

     Each additional page or part thereof......... $1.00

     For copy of paper filed with the court as a public record:

     First page......... $2.00

     Each additional page or part thereof......... $1.00

     In addition to any fine imposed, when a supplemental notice is sent for failure to appear on a return date the cost shall be $10.00 per notice, unless satisfactory evidence is presented to the court that the notice was not received. 

            CONSTABLES OR OTHER OFFICERS

     From the fees allowed for court costs in the foregoing schedule, the clerk of the court shall pay the following fees to constables or other officers: 

     Serving warrant or summons, $1.50.

     Serving every subpoena, $0.70.

     Serving every execution, $1.50.

     Advertising property under execution, $0.70.

     Sale of property under execution, $1.00.

     Serving every commitment, $1.50.

     Transport of defendant, actual cost.

     Mileage, for every mile of travel in serving any warrant, summons, commitment, subpoena or other process, computed by counting the number of miles in and out, by the most direct route from the place where such process is returnable, exclusive of the first mile, $0.20. 

     If defendant is found guilty of the charge laid against him, he shall pay the costs herein provided, but if, on appeal, the judgment is reversed, the costs shall be repaid to defendant. If defendant is found not guilty of the charge laid against him, the costs shall be paid by the prosecutor, except when the Chief Administrator of the New Jersey Motor Vehicle Commission, a peace officer, or a police officer shall have been prosecutor. 

(cf: P.L. 2004, c.62, s.2)

 

     2.    (New section)  a.  The community service fee imposed pursuant to N.J.S.22A:3-4 as amended and supplemented by P.L.    , c.   (C.   ) (pending before the Legislature as this bill) shall be used exclusively for the costs associated for administering a community service program.

     b.    Monies collected by a municipality under this section shall be deposited in a dedicated fund and used exclusively for the costs associated with administering this community service program.  The fund shall be administered by the chief financial officer of the municipality or in the case of a joint municipal court in a manner agreed to by the constituent municipalities.

     c.     Monies collected by the Probation Division under this section shall be deposited in a dedicated fund and used exclusively for the costs associated with administering this community service program. The fund shall be administered by the Administrative Office of the Courts. 

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes a community service fee which may be assessed by the municipal court against a person ordered to perform community service. 

     Community service is utilized by the courts as a sentencing or dispositional option. An offender ordered by the court to perform community service is referred to the Probation Division of the Superior Court which is responsible for maintaining and administering the program. In addition, some municipalities have established local community service programs which are administered and supervised by the municipality. This bill would establish a $25 community service fee in order to defray the costs of the program. 

     Under the provisions of the bill, the community service program is established by or under the supervision of the municipality, that municipality would retain the fee. If the community service program is established by or is under the supervision of the Probation Division of the Superior Court, then the division would collect the fee. 

     Monies collected under the bill are required to be used by the municipality or the Probation Division exclusively for the costs associated with administering the community service program.  Monies collected by a municipality would be deposited in a dedicated fund administered by the chief financial officer of the municipality or in the case of a joint municipal court in a manner agreed to by the constituent municipalities.  Monies collected by the Probation Division would be deposited in a dedicated fund administered by the Administrative Office of the Courts.