SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 663

STATE OF NEW JERSEY

216th LEGISLATURE

  ADOPTED DECEMBER 10, 2015

 


 

Sponsored by:

Senator  NELLIE POU

District 35 (Bergen and Passaic)

Senator  PETER J. BARNES, III

District 18 (Middlesex)

 

Co-Sponsored by:

Senator A.R.Bucco

 

 

 

 

SYNOPSIS

     Establishes “Court Security Enhancement Fund”; increases certain court fees and assessments.

 

CURRENT VERSION OF TEXT

     Substitute as adopted by the Senate Budget and Appropriations Committee.

  

 

 

 


An Act establishing the “Court Security Enhancement Fund,” increasing certain fees and assessments, and amending and supplementing various parts of the statutory law.

 

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

 

     1.    (New section) The Legislature finds and declares that open access to secure, safe courts is necessary for the orderly functioning of our society and promotes public confidence in the stability of government. New Jersey’s municipal courtrooms and county courthouses are some of the most frequently visited public buildings in the State. Recent incidents of violence in federal and state courts across the country have highlighted the need for improved security at court facilities. Breaches of court security and violence towards judges, attorneys, jurors, witnesses, court personnel and other participants in the judicial process have resulted in serious injuries or death in other states.

     Despite laudable efforts, county and municipal governments do not have sufficient financial resources to provide adequate security for court facilities without imposing additional property tax burdens on their citizens. A continuous source of funding is needed to assist counties and municipalities in providing and maintaining safe and secure court facilities. Therefore, it is entirely appropriate for those citizens who use the courts to share in the cost of developing and maintaining safe and secure court facilities.

 

     2.    (New section) As used in this act:

     “Court facility” means a municipal courtroom and related court offices that may be part of a municipal government complex; or a courthouse, court annex, or court complex or other office or structure owned or leased by a county necessary for the functioning of the Superior Court, including the Probation Division of the Superior Court. 

     “Court security standards” means the court security standards promulgated for courts and court facilities by the Administrative Director of the Courts.

     “Facility” means a physical structure as well as the grounds adjacent to the structure.

     “Local government” means county and municipal government in this State.

     “Security equipment” includes electronic or mechanical equipment used to detect or diminish a security threat and may include, but is not limited to: weapons screening technologies,
duress and intrusion alarms, ballistic shielding, “line of sight” safeguards, interior and exterior controlled lighting, video monitoring systems, card access systems, and emergency power systems.

 

     3.    (New section) a. There is established in the General Fund a separate, non-lapsing, dedicated account to be known as the “Court Security Enhancement Fund.”  Each fiscal year, the State Treasurer shall deposit all revenues derived from the additional fees, costs and assessments authorized pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill) under subsection d. of N.J.S.22A:3-4, subsection b. of section 14 of P.L.1991, c.261 (C.2C:25-30), and sections 6, 7, and 8 of P.L.      , c.    (C.        ) (pending before the Legislature as this bill) to the “Court Security Enhancement Fund.”  Moneys in the fund, including any interest accruing thereon, shall be used for the additional costs incurred in supplementing local government funding to enhance court security.  The State Treasurer shall administer the fund and disburse money from the fund to local governments for improvements to court security as recommended by the Administrative Director of the Courts.

     b.    Until such time that the Administrative Director of the Courts determines that all local government units have achieved the court security standards, local governing bodies may apply to the Administrative Director of the Courts on an annual basis for grants from the “Court Security Enhancement Fund” to supplement local government funding for the procurement of security equipment and security-related structural modifications necessary to achieve the court security standards.  Subject to the availability of money in the fund, the State Treasurer shall disburse money from the fund to supplement local government funding to enhance court security as recommended by the Administrative Director of the Courts.  Court security grants awarded pursuant to this section shall be used only for the procurement of security equipment or structural modifications initiated after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  The Administrative Director of the Courts shall issue guidelines prescribing the procedures to be followed when applying for grants as well as the criteria to be used to evaluate grant applications and for administering the fund, generally.  When awarding grants to municipalities that apply for court security funding, the Administrative Director of the Courts shall give preference to those municipalities that have entered into agreements to share or merge municipal court services.

     c.     At such time that the Administrative Director of the Courts determines that all local government units have achieved the court security standards, moneys in the fund shall be distributed to local government based on a formula developed by the Administrative Director of the Courts.  If court security standards are maintained, moneys distributed under this section shall be used to offset local government funding for the enhancement and maintenance of security at court facilities including, but not limited to: salaries of armed security officers, salaries of technicians to operate court security equipment, training for local officials and personnel on issues of court security; the development and coordination of emergency and disaster response protocols related to the operation of the court, and other security items as approved by the Administrative Director of the Courts.  Notwithstanding the distribution of funds by formula as provided in this section, the Administrative Director of the Courts may reserve a sum equal to no more than 25 percent of the moneys deposited in the fund annually for the emergent purchase or replacement of court security equipment to local government units that demonstrate a critical need.

     d.    The Administrative Office of the Courts shall monitor the use of the funds distributed in accordance with P.L.    , c.     (C.         ) (pending before the Legislature as this bill) and by each local government recovery funds shall cooperate in such monitoring efforts. The Administrative Director of the Courts may seek reimbursement of funds that are not expended for the purposes of court security and may recommend that the State Treasurer deny future funding to a local government unit.

     e.     Subject to the approval of the Administrative Director of the Courts, a sum equal to no more than five percent of the moneys deposited in the fund annually may be used to defray the costs of administering the grant program, developing and maintaining a Statewide court security incident reporting system, providing technical assistance to local officials with regard to court security, providing for security at court facilities not owned or leased by local governments, and other Statewide court security initiatives.

 

     4.    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] $35.

     For all other cases, at the discretion of the court, up to but not exceeding [$33] $35.

     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).

     d.    For every violation of any statute or ordinance the sum of $2 to offset the cost of and enhance court security.  The court shall not suspend the collection of the $2 court cost assessment, except as provided in section 11 of P.L.2015, c.  (C      ), (pending before the Legislature as this bill).  These court cost assessments shall be collected by the municipal court administrator for deposit into the Court Security Enhancement Fund, established pursuant section 3 of P.L.2015, c. (C.    ) (pending before the Legislature as this bill).

     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)

 

     5.    Section 14 of P.L.1991, c.261 (C.2C:25-30) is amended to read as follows:

     14.  a.  Except as provided below, a violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection b. of N.J.S.2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S.2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court.  All contempt proceedings brought pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) shall be subject to any rules or guidelines established by the Supreme Court to guarantee the prompt disposition of criminal matters. Additionally, and notwithstanding the term of imprisonment provided in N.J.S.2C:43-8, any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days.  Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of this act shall be excluded from enforcement under subsection b. of N.J.S.2C:29-9; however, violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.

     b.    A defendant who is found guilty of contempt pursuant to subsection a. of this section shall be assessed a $25 court security fee, which shall be forwarded to the State Treasurer for deposit in a separate account, to be known as the “Court Security Enhancement Fund,” created pursuant to subsection a. of section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill). ).

(cf: P.L.1994, c.94, s.6)

 

     6.    (New section) Notwithstanding any other provision of law to the contrary, a court security fee shall be added to the court filing fees set forth in Title 22A of the New Jersey Statutes or set forth in the supplemental filing fees adopted by court rule pursuant to sections 12 and 13 of P.L.2014, c.31 (C.2B:1-7 and C.2B:1-8) for the following papers filed in Supreme Court, Superior Court, and Tax Court: (1) $5 court security fee for each first paper filed and for each first paper filed by any person other than the plaintiff; and (2) a $5 court security fee for each motion filed. Revenue derived from the additional court security fees set forth in this section shall be deposited in the “Court Security Enhancement Fund” established pursuant to section 3 of P.L.        , c.    (C.        ) (pending before the Legislature as this bill). ).

 

     7.    (New section) a. In addition to any other fine, fee or assessment imposed, any person convicted of a crime, disorderly or petty disorderly persons offense, or any juvenile adjudicated delinquent for an offense, which if committed by an adult would constitute a crime, disorderly or petty disorderly persons offense, shall be assessed a $25 court security fee for each conviction.

     b. All assessments provided for in subsection a. of this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the State Treasurer to be deposited into the “Court Security Enhancement Fund” created pursuant to subsection a. of section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     8.    (New section)  a.  In addition to any term or condition that may be imposed, an additional court security fee assessment of $25 shall be paid by a participant in the following programs: (a) supervisory treatment pursuant to N.J.S.2C:43-12 et seq.; (b) conditional discharge pursuant to section 3 of P.L.1987, c.106 (C.2C:36A-1); or (c) conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.).

     b.    All assessments provided for in subsection a. of  this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the State Treasurer to be deposited into the “Court Security Enhancement Fund” created pursuant to subsection a. of section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

 

     9.    Section 3 of P.L.1979, c.396 (C.2C:46-4) is amended to read as follows:

     3.    a.  All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) ,all assessments imposed pursuant to  sections 7 and 8 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), and restitution shall be collected as follows:

     (1)   All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97), all assessments  imposed pursuant to sections 7 and 8 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), and restitution imposed by the Superior Court or otherwise imposed at the county level, shall be collected by the county probation division except when such fine, assessment or restitution is imposed in conjunction with a custodial sentence to a State correctional facility or in conjunction with a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) in which event such fine, assessment or restitution shall be collected by the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).  An adult prisoner of a State correctional institution or a juvenile serving a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) who has not paid an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), a penalty imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), a penalty imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97), all assessments imposed pursuant to sections 7 and 8 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill),  or restitution shall have the assessment, penalty, fine or restitution deducted from any income the inmate receives as a result of labor performed at the institution or on any type of work release program or, pursuant to regulations promulgated by the Commissioner of the Department of Corrections or the Juvenile Justice Commission, from any personal account established in the institution for the benefit of the inmate. 

     (a)   A payment of restitution collected by the Department of Corrections pursuant to this paragraph shall be maintained by the department for two years during which the department shall attempt to locate the victim to whom the restitution is owed.  If the department has not located the victim and the victim has not come forward to claim the payment within this two-year period, the payment shall be transferred to the Victims of Crime Compensation Office Account to be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).

     (b)   If the Department of Corrections has transferred a payment of restitution to the Victims of Crime Compensation Office pursuant to subparagraph (a) of this paragraph, the department shall provide the office with the order for restitution and any other information regarding the identity of the victim to whom the payment is owed.  The office shall be responsible for maintaining this information and for distributing payments of restitution to victims who can prove they are owed the payments. 

     (2)   All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) and restitution imposed by a municipal court shall be collected by the municipal court administrator except if such fine, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or restitution is ordered as a condition of probation in which event it shall be collected by the county probation division.

     b.    Except as provided in subsection c. with respect to fines imposed on appeals following convictions in municipal courts and except as provided in subsection i. with respect to restitution imposed under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.), all fines imposed by the Superior Court or otherwise imposed at the county level, shall be paid over by the officer entitled to collect same to:

     (1)   The county treasurer with respect to fines imposed on defendants who are sentenced to and serve a custodial term, including a term as a condition of probation, in the county jail, workhouse or penitentiary except where such county sentence is served concurrently with a sentence to a State institution; or

     (2)   The State Treasurer with respect to all other fines.

     c.     All fines imposed by municipal courts, except a central municipal court established pursuant to N.J.S.2B:12-1 on defendants convicted of crimes, disorderly persons offenses and petty disorderly persons offenses, and all fines imposed following conviction on appeal therefrom, and all forfeitures of bail shall be paid over by the officer entitled to collect same to the treasury of the municipality wherein the municipal court is located.

     In the case of an intermunicipal court, fines shall be paid into the municipal treasury of the municipality in which the offense was committed, and costs, fees, and forfeitures of bail shall be apportioned among the several municipalities to which the court's jurisdiction extends according to the ratios of the municipalities' contributions to the total expense of maintaining the court.

     In the case of a central municipal court, established by a county pursuant to N.J.S.2B:12-1, all costs, fines, fees and forfeitures of bail shall be paid into the county treasury of the county where the central municipal court is located.

     d.    All assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be forwarded and deposited as provided in that section.

     e.     All mandatory Drug Enforcement and Demand Reduction penalties imposed pursuant to N.J.S.2C:35-15 shall be forwarded and deposited as provided for in that section.

     f.     All forensic laboratory fees assessed pursuant to N.J.S.2C:35-20 shall be forwarded and deposited as provided for in that section.

     g.    All restitution ordered to be paid to the Victims of Crime Compensation Office pursuant to N.J.S.2C:44-2 shall be forwarded to the office for deposit in the Victims of Crime Compensation Office Account.

     h.    All assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2) shall be forwarded and deposited as provided in that section.

     i.     All restitution imposed on defendants under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.) for costs incurred by a law enforcement entity in extraditing the defendant from another jurisdiction shall be paid over by the officer entitled to collect same to the law enforcement entities which participated in the extradition of the defendant.

     j.     All penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) shall be forwarded and deposited as provided in that section.

     k.    All penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6) shall be forwarded and deposited as provided in that section.

     l.     All mandatory penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) shall be forwarded and deposited as provided in that section.

     m.   All mandatory Computer Crime Prevention penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8) shall be forwarded and deposited as provided in that section.

     n.    All mandatory Sex Offender Supervision penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) shall be forwarded and deposited as provided in that section.

     o.    All assessments imposed pursuant to section 7 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be forwarded and deposited in the “Court Security Enhancement Fund,” as provided in that section.

     p.    All assessments imposed pursuant to section 8 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be forwarded and deposited in the “Court Security Enhancement Fund,” as provided in that section.

(cf: P.L.2015, c.55, s.1)

    

     10.  Section 13 of P.L.1991, c.329 (C.2C:46-4.1) is amended to read as follows:

     13.  Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), shall be applied in the following order:

     a.     first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);

     b.    second, except as provided in subsection f. of this section, in satisfaction of any restitution ordered;

     c.     third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);

     d.    fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;

     e.     fifth, in satisfaction of any mandatory Drug Enforcement and Demand Reduction penalty assessed pursuant to N.J.S.2C:35-15;

     f.     sixth, in satisfaction of any anti-drug profiteering penalty imposed pursuant to N.J.S.2C:35A-1 et seq.;

     g.    seventh, in satisfaction of any anti-money laundering profiteering penalty imposed pursuant to section 9 of P.L.1999, c.25 (C.2C:21-27.2);

     h.    eighth, in satisfaction of restitution for any extradition costs imposed pursuant to section 4 of P.L.1997, c.253 (C.2C:43-3.4);

     i.     ninth, in satisfaction of any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5);

     j.     tenth, in satisfaction of any penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6);

     k.    eleventh, in satisfaction of the mandatory penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10);

     l.     twelfth, in satisfaction of any mandatory Computer Crime Prevention penalty assessed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8);

     m.   thirteenth, in satisfaction of any mandatory Sex Offender Supervision penalty assessed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97); [and]

     n.    fourteenth, in satisfaction of the assessments imposed pursuant to section 7 of P.L.      , c.    (C.        ) (pending before the Legislature as this bill);

     o. fifteenth, in satisfaction of the assessment imposed pursuant to section 8 of P.L.      , c.    (C.        ) (pending before the Legislature as this bill); and

     p. sixteenth, in satisfaction of any fine.

(cf: P.L.2013, c.214, s.6)

 

     11.  (New section) A person may apply for a waiver of a court security fee or assessment imposed pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill), by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey.

 

     12. This act shall take effect on the first day of the seventh month following enactment.