ASSEMBLY, No. 802

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman FARRAGHER and Assemblyman GARRETT

 

 

An Act concerning probation bonds and supplementing chapter 45 of Title 2C of the New Jersey Statutes.

 

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

 

    1. a. When the court suspends the imposition of sentence on a person who has been convicted of an offense or sentences the peson to be placed on probation, the court may require, as a condition of suspension or probation, that the defendant post a probation bond in accordance with the provisions of this act.

    b. A probation bond required under this section may be ordered by the court in addition to other requirements authorized under N.J.S.2C:45-1 and may incorporate any standard or specialized conditions imposed upon defendant.

    c. During the period of suspension or probation, the court, on application of the defendant, or on its own motion, may modify the probation bond requirements imposed on the defendant.

 

    2. a. The probation bond shall be writing, and shall be in an amount of up to $15,000 to be delivered by a surety in accordance with the court order, and shall describe the surety's obligations including the obligations as defined in section 5 of this act.

    b. The probation bond shall have a one year term and may be renewable. The annual premium paid by the defendant or on behalf of the defendant shall be fully earned on execution or renewal.

 

    3. If the defendant complies with the terms and conditions of the period of suspension or probation, the probation bond shall be discharged when:

    a. the period of suspension or probation is terminated; or

    b. the term of the bond has expired; or

    c. the court modifies the probation bond requirement.

 

    4. a. The clerk shall submit to the surety a demand for remission of the probation bond premium paid by or on behalf of the defendant within 30 days of either:

    (1) the defendant's failure to respond to a summons to appear in court for a violation of the probation or suspension; or

    (2) a finding by the court that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the probation or suspension.

    b. The surety shall remit that year's premium within 30 days of receipt of a demand for remission; however, if the surety returns a defendant who has failed to respond to a summons to appear to the court within 30 days of receiving the demand for remission, the surety shall receive a credit of 75% of the remission amount.

 

    5. a. The surety shall be required to report to the probation services division instances of noncompliance by the defendant with a condition of suspension or probation within twenty-four hours of obtaining actual knowledge of the violation.

    b. The failure by a surety to make a timely report of non-compliance by the defendant with the terms and conditions of suspension or probation, shall result in the forfeiture of the full amount of the probation bond if the court obtains independent knowledge of the defendant's non-compliance which results in the revocation of the suspension or probation.

    c. The surety shall receive a credit of 50% of the penal amount of the probation bond if the defendant makes a timely appearance at any revocation proceeding, or if the defendant is returned to the court within 120 days of failing to make a timely appearance.

 

    6. If the surety fails to respond in a timely manner to a demand for remission or notice of forfeiture the probation department may petition the court for summary judgment against the surety bond. The court shall not accept a probation bond of any surety if any summary judgment against the surety remains unpaid.

 

    7. Monies forfeited as a result of non-compliance with the terms and conditions of suspension or probation shall be deposited in the general treasury.

 

    8. As used in this act:

    "Probation bond" means a surety bond which guarantees that the defendant will comply with the conditions of a suspended sentence or probation, and which is executed by a surety company authorized to transact business in this State.


    9. This act shall take effect immediately.

 

 

STATEMENT

 

    At present, the court may suspend the imposition of sentence or sentence an offender to be placed on probation, with appropriate conditions. This bill would provide the sentencing court with the additional option of requiring a defendant to post a probation bond as a condition of suspension or probation.

    Under the bill, the court may, as a condition of suspension or probation, order the defendant to post a bond in an amount up to $15,000. The bond shall be executed by an authorized surety and may be renewable. The surety has an obligation to report known violations of the conditions of probation by the defendant. Upon the occurence of either (1) a failure of the defendant to respond to a summons to appear in court; or (2) a finding that the defendant has failed to comply with a substantial condition of suspension or probation, the surety is required to remit to the clerk the annual premium paid by the defendant. The surety may recover 75% of that amount if a defendant who fails to respond to a summons is returned to the court within 30 days.

    The bill further provides that the actual failure by a surety to make timely notice of known violations of the conditions of probation by the defendant shall result in the forfeiture of the full amount of the probation bond by the surety. The surety may receive a 50% credit if the defendant is returned to the court at the time of any revocation proceeding or within 120 days.

    It is the sponsor's view that this the use of a probation bond will prompt defendants to comply with the terms and conditions of a suspended sentence or probation. In addition, it is believed that the use of probation bonds as a condition of suspension or probation for nonviolent offenders could relieve overcrowding in correctional facilities.

 

 

 

Permits court to order defendant to post probation bond as condition of suspension or probation in criminal cases.