ASSEMBLY, No. 3491

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED APRIL 4, 2016

 


 

Sponsored by:

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Establishes “County Government Criminal Justice Reform Administration Fund”; increases certain fees and assessments.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing the “County Government Criminal Justice Reform Administration 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:

     a.     County governments across the State will play a significant role in implementing and administering criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill), and are committed to carrying out the new law as good public policy and as a means for reducing long-term operating expenses at county jails;

     b.    However, county governments face significant costs associated with implementing the criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill), that will impact the delivery of critical services and the use of valuable property taxpayer dollars;

     c.     Despite laudable efforts to streamline service and stabilize budgets, county governments do not have sufficient financial resources to provide for additional salaries and wages, health and pension benefits, operation and maintenance expenses, court security enhancements, court security improvements, and other capital expenses required to implement and administer criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill);

     d.    A continuous source of funding is needed to assist county governments with executing this important and timely initiative; and

     e.     It is entirely appropriate for those citizens who use the courts to share in the cost of implementing and administering criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill).

 

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

     “County governing body” means the board of chosen freeholders, or in the case of those counties organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the board of chosen freeholders and the county executive, the county supervisor, or the county manager, as appropriate.

     “Criminal justice reform” herein refers to the pretrial release and pretrial detention proceedings established by sections 1 through 11 and section 20 of P.L.2014, c. 31 (C.2A:162-15 et seq.) and sections 12 through 15 and sections 17 through 19 of P.L.2014, c.31 (2B:1-7 et seq.).

 

     3.    (New section)  a.  There is established in the General Fund a separate, non-lapsing, dedicated account to be known as the “County Government Criminal Justice Reform Administration 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 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 “County Government Criminal Justice Reform Administration Fund.”  Moneys in the fund, including any interest accruing thereon, shall be used for the additional costs associated with implementing and administering criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill).  The State Treasurer shall administer the fund and disburse money from the fund to county governing bodies to implement and administer criminal justice reform.

     b.    Moneys in the fund shall be distributed to county governing bodies as the county share, which shall equal the total number of complaint-warrants generated in each county pursuant to   subsection c. of section 2 of P.L.2014, c.31 (C.2A:162-16), divided by the total number of Statewide complaint-warrants generated pursuant to subsection c. of section 2 of P.L.2014, c.31 (C.2A:162-16), multiplied by the total revenues deposited in the “County Government Criminal Justice Reform Administration Fund” in the prior State fiscal year.  Moneys distributed under P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be used to offset county governing body funding for implementing and administering criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill), including, but not limited to: salaries and wages, health and pension benefits, operation and maintenance expenses, court security enhancements, court facility improvements, and other capital expenses, as recommended by the Assignment Judge and the governing body of the county, county prosecutor, or sheriff and as approved by the county governing body.  The Administrative Office of the Courts may monitor the use of the funds distributed in accordance with P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and county governing bodies shall cooperate in the monitoring of such efforts.

 

     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] $38 with $2.50 of the $5 increase deposited in the “County Government Criminal Justice Reform Fund,” established pursuant to section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and $2.50 of the $5 increase to municipalities to offset municipal governing body funding for implementing and administering criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill), including, but not limited to: salaries and wages, health and pension benefits, operation and maintenance expenses, court security enhancements, court facility improvements, and other capital expenses.

     For all other cases, at the discretion of the court, up to but not exceeding [$33] $35, with $2 of the increase deposited in the “County Government Criminal Justice Reform Fund,” established pursuant to section 3 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).

     d.    For every violation of any statute or ordinance the sum of $2 to offset the cost of implementing and administering criminal justice reform, as defined in section 2 of P.L.    , c.     (C.      ) (pending before the Legislature as this bill). The court shall not suspend the collection of this $2 court cost except as provided in section 11 of P.L.    , 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 “County Government Criminal Justice Reform Administration Fund” established pursuant to section 3 of P.L.    , 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 $30 criminal justice reform fee, which shall be forwarded to the State Treasurer for deposit in the “County Government Criminal Justice Reform Administration Fund,” created pursuant to 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 criminal justice reform 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 through 15 and sections 17 through 19 of P.L.2014, c. 31 (2B:1-7 et seq.) for the following papers filed in Supreme Court, Superior Court, and Tax Court: (1) $5 criminal justice reform fee for each first paper filed and for each first paper filed by any person other than the plaintiff; and (2) a $5 criminal justice reform fee for each motion filed. Revenue derived from the additional criminal justice reform fees set forth in this section shall be deposited in the “County Government Criminal Justice Reform Administration Fund,” created 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 persons offense or petty disorderly persons offense, or any juvenile adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime, disorderly persons offense or petty disorderly persons offense shall be assessed a $25 criminal justice reform 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 in the “County Government Criminal Justice Reform Administration Fund,” created pursuant to 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 criminal justice reform 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); and (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 “County Government Criminal Justice Reform Administration Fund,” created pursuant to 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 “County Government Criminal Justice Reform Administration Fund,” pursuant to section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     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 “County Government Criminal Justice Reform Administration Fund,” pursuant to section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

(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 any assessment imposed pursuant to section 7 of P.L.      , c.    (C.        ) (pending before the Legislature as this bill);

     o. fifteenth, in satisfaction of any assessment fee 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 criminal justice reform 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.

 

STATEMENT

 

     This bill would increase certain court filing fees, court costs and assessments to provide a continuous source of funding to county governments for the implementation and administration of the pretrial release and pretrial detention proceedings established by the sections 1 through 11 and section 20 of P.L.2014, c. 31 (C.2A:162-15 et seq.) and sections 12 through 15 and sections 17 through 19 of P.L.2014, c. 31 (2B:1-7 et seq.), herein referred to as “criminal justice reform.”  

     County Government Criminal Justice Reform Administration Fund

     The bill provides that the annual revenue realized from these increases would be deposited in the newly created “County Government Criminal Justice Reform Administration Fund,” a separate, non-lapsing, dedicated account. Moneys in the fund, including any interest accruing thereon, would be used for the costs associated with implementing and administering criminal justice reform

     The bill authorizes the State Treasurer to administer the fund and disburse money from the fund to county governing bodies to implement and administer criminal justice reform.  Money in the fund would be distributed to county governing bodies as the county share, which would be equal to the total number of complaint-warrants generated in each county pursuant to   subsection c. of section 2 of P.L.2014, c.31 (C.2A:162-16), divided by the total number of Statewide complaint-warrants generated pursuant to subsection c. of section 2 of P.L.2014, c.31 (C.2A:162-16), multiplied by the total revenues deposited in the “County Government Criminal Justice Reform Administration Fund” in the prior State fiscal year.  Moneys distributed under the bill would be used to offset county governing body funding for implementing and administering criminal justice reform including, but not limited to: salaries and wages, health and pension benefits, operation and maintenance expenses, court security enhancements, court facility improvements, and other capital expenses, as recommended by the Assignment Judge and the governing body of the county, county prosecutor, or sheriff and as approved by the county governing body.  The Administrative Office of the Courts may monitor the use of the funds distributed in the bill. County governing bodies would also cooperate in the monitoring of such efforts.

     Assessments and Fees

     Under the bill, the following fees would be increased and revenues from these fees and assessments would be deposited in the “County Government Criminal Justice Reform Administration Fund,” created under the bill. 

     Municipal Court criminal proceeding fee: This bill would increase certain municipal court cost fees in N.J.S.22A:3-4. The bill would increase the $33 court cost fee for criminal proceedings in municipal court to $38.  This court cost fee pertains to violations of Title 39 of the Revised Statutes, which includes motor vehicle offenses and traffic ordinances. One-half of this increase, $2.50, would deposited in the newly created “County Government Criminal Justice Reform Administration Fund” and the remaining $2.50 to municipalities to offset municipal governing body funding for implementing criminal justice reform.

     The bill would also increase the fee for other court cost at the discretion of the court in municipal criminal proceedings from $33 to $35.

     In addition, the bill establishes a new $2 court cost assessment for any violation of any statute or ordinance which would be used to offset the cost of implementing and administering criminal justice reform. This assessment would be collected by the municipal court administrator for deposit into the “County Government Criminal Justice Reform Administration Fund.”

     Domestic violence fee: The bill would amend section 14 of P.L.1991, c. 261 (C.2C:25-30) to impose a $30 criminal justice reform fee on any defendant found guilty of contempt in a domestic violence matter.

     Court filing fees: The bill would add a $5 criminal justice reform fee to any court filing fees in the Supreme Court, Superior Court (which includes the Appellate Division) and the Tax Court for each first paper filed and for each first paper filed by any person other than the plaintiff.  This bill also provides for a $5 criminal justice reform fee for each motion filed. 

     Certain assessments concerning criminal proceedings: The bill provides for a $25 criminal justice reform assessment which would be imposed in addition to any other fine, fee or assessment imposed on a person convicted of a crime, disorderly persons or petty disorderly person offense, or any juvenile adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime, disorderly persons or petty disorderly persons offense.

     PTI and other supervisory treatment programs assessments: The bill requires participants in any supervisory treatment program (PTI), conditional discharge program or conditional dismissal program to pay a $25 criminal justice reform assessment. This assessment would be imposed in addition to the admission fees for each of these programs: PTI ($75 application fee--N.J.S.2C:43-13); conditional discharge $75 application fee--N.J.S.A.2C:36A-1) and conditional dismissal ($75 admission fee--N.J.S.2C:43-13.8).

     Collection and distribution of fines and assessments: The bill also amends those sections in Title 2C of the New Jersey Statutes (N.J.S.A.2C:46-4 and N.J.S.A.2C:46-4.1) which provide for the division of fines, assessments and penalties among the various government agencies to add the assessments imposed by the bill.

     Waiver of fine: In addition, the bill would allow a person to apply for a waiver of the newly created criminal justice reform fees or assessments by reason of poverty.

     The bill would take effect on the first day of the seventh month following enactment.