SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 3319

with committee amendments

STATE OF NEW JERSEY

DATED:  June 22, 2021

      The Senate Budget and Appropriations Committee reports favorably and with committee amendments Senate Bill No. 3319 (1R).

      As amended and reported by the committee, Senate Bill No. 3319 (1R) eliminates certain statutory costs, fees, and penalties imposed on juveniles involved in the juvenile justice system. 

     The bill specifically eliminates the following fees, fines, costs, and other monetary penalties:

     (1)   The Drug Enforcement and Demand Reduction (DEDR) penalty required pursuant to N.J.S.2C:35-15 when the court dismisses a complaint against a juvenile who has made a satisfactory adjustment during a period of continuance of up to 12 months. 

     (2)   The costs of the juvenile’s serological test for acquired immune deficiency syndrome (AIDS), infection with the human immunodeficiency virus (HIV), or other related virus identified as a probable causative agent of AIDS when a law enforcement officer, victim, or other person suffered a prick from a hypodermic needle or had contact with the juvenile which involved or was likely to involve the transmission of bodily fluids. 

     (3)   The costs of an approved remedial education or counseling program to which a juvenile is diverted by the court. 

     (4)   The civil penalty of at least $2,000 or actual costs, whichever is higher, incurred by law enforcement and emergency services in responding to a false public alarm.

     (5)   The $25 forensic laboratory fee imposed on juveniles adjudicated delinquent.

     (6)   The $15 Law Enforcement Officers Training and Equipment Fund fee imposed on juveniles adjudicated delinquent. 

     As of the effective date of the bill, any unpaid outstanding balances of statutory or court–ordered fines, fees, costs, or other monetary penalties previously assessed or imposed upon a juvenile or the juvenile’s parent or guardian are vacated, as are any unsatisfied civil judgments based on these monetary penalties. 

     The amended bill further provides that all warrants based on the alleged failure of the juvenile or parent or guardian to pay or appear in court to pay these monetary penalties are to be reviewed and vacated consistent with the bill’s provisions.   

      The committee also amended the bill to prohibit a warrant from being issued for a juvenile defendant or the parents or guardian of a juvenile defendant for failure to pay certain statutorily imposed assessments, probation fees, other court imposed financial obligations, restitution, or child support. 

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1)   provide that all warrants based on the alleged failure of the juvenile or parent or guardian to pay or appear in court to pay these monetary penalties are to be reviewed and vacated consistent with the provisions of the bill, rather than be deemed null and void; and

      (2   prohibit a warrant from being issued for a juvenile defendant or the parents or guardian of a juvenile defendant for failure to pay certain statutorily imposed assessments, probation fees, other court imposed financial obligations, restitution, or child support. 

FISCAL IMPACT:

      Fiscal information for this bill is currently unavailable.