[First Reprint]

ASSEMBLY, No. 2731

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 20, 1997

By Assemblymen WEINGARTEN and O'TOOLE

An Act concerning payment of Victims of Crime Compensation Board assessments ¹[, amending P.L.1979, c.396]¹ and supplementing Title 30 of the Revised Statutes.

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

    ¹[1. Section 2 of P.L.1979, c.396 (C.2C:43-3.1) is amended to read as follows:

    2. a. (1) In addition to any disposition made pursuant to the provisions of N.J.S.2C:43-2, any person convicted of a crime of violence, theft of an automobile pursuant to N.J.S.2C:20-2, eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection b., c. or d. of N.J.S.2C:20-10 shall be assessed at least $100.00, but not to exceed $10,000.00 for each such crime for which he was convicted which resulted in the injury or death of another person. In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the assessment on the defendant's dependents.    (2) (a) In addition to any other disposition made pursuant to the provisions of N.J.S.2C:43-2 or any other statute imposing sentences for crimes, any person convicted of any disorderly persons offense, any petty disorderly persons offense, or any crime not resulting in the injury or death of any other person shall be assessed $50.00 for each such offense or crime for which he was convicted.

    (b) In addition to any other disposition made pursuant to the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43) or any other statute indicating the dispositions that can be ordered for adjudications of delinquency, any juvenile adjudicated delinquent, according to the definition of "delinquency" established in section 4 of P.L.1982, c.77 (C.2A:4A-23), shall be assessed at least $30.00 for each such adjudication, but not to exceed the amount which could be assessed pursuant to paragraph (1) or paragraph (2) (a) of subsection a. of this section if the offense was committed by an adult.

    (c) In addition to any other assessment imposed pursuant to the provisions of R.S.39:4-50, the provisions of section 12 of P.L.1990, c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13), [the provisions of section 19 of P.L.1954, c.236 (C.12:7-34.19)] or the provisions of section 3 of P.L.1952, c.157 (C.12:7-46), any person convicted of operating a motor vehicle, commercial motor vehicle or vessel while under the influence of liquor or drugs shall be assessed $50.00.

    (d) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1, a participant in either program shall be required to pay an assessment of $50.00.

    (3) All assessments provided for in this section shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and the court shall so order at the time of sentencing. When a defendant who is sentenced to incarceration in a State correctional facility has not, at the time of sentencing, paid an assessment for the crime for which he is being sentenced or an assessment imposed for a previous crime, the court shall specifically order the Department of Corrections to collect the assessment during the period of incarceration and to deduct the assessment from any income the inmate receives as a result of labor performed at the institution or on any work release program [or], from any personal account established in the institution for the benefit of the inmate and from funds collected from the inmate pursuant to the "VCCB Surcharge" imposed on the inmate's commissary purchases pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill). All moneys collected, whether in part or in full payment of any assessment imposed pursuant to this section, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Victims of Crime Compensation Board pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1), to the Victims of Crime Compensation Board.

    (4) The Victims of Crime Compensation Board shall forward monthly all moneys received from assessments collected pursuant to this section to the State Treasury for deposit as follows:

    (a) Of moneys collected on assessments imposed pursuant to paragraph a. (1):

    (i) the first $72.00 collected for deposit in the Victims of Crime Compensation Board Account,

    (ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund,

    (iii) the next $25.00 collected for deposit in the Victim Witness Advocacy Fund, and

    (iv) moneys collected in excess of $100.00 for deposit in the Victims of Crime Compensation Board Account;

    (b) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (a), (c) or (d):

    (i) the first $39.00 collected for deposit in the Victims of Crime Compensation Board Account,

    (ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and

    (iii) the next $8.00 collected for deposit in the Victim and Witness Advocacy Fund;

    (c) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (b):

    (i) the first $17.00 for deposit in the Victims of Crime Compensation Board Account, and

    (ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and

    (iii) the next $10.00 for deposit in the Victim and Witness Advocacy Fund, and

    (iv) moneys collected in excess of $30.00 for deposit in the Victims of Crime Compensation Board Account.

    (5) The Victims of Crime Compensation Board shall provide the Attorney General with a monthly accounting of moneys received, deposited and identified as receivable, on forms prescribed pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1).

    (6) (a) The Victims of Crime Compensation Board Account shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Account shall 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.) and for related administrative costs.

    (b) The Criminal Disposition and Revenue Collection Fund shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Fund shall be used as provided in section 19 of P.L.1991, c.329 (C.52:4B-8.1).

    (c) The Victim and Witness Advocacy Fund shall be a separate, nonlapsing, revolving fund and shall be administered by the Division of Criminal Justice, Department of Law and Public Safety and all moneys deposited in that Fund pursuant to this section shall be used for the benefit of victims and witnesses of crime as provided in section 20 of P.L.1991, c.329 (C.52:4B-43.1) and for related administrative costs.

    b. (Deleted by amendment, P.L.1991, c.329).

    c. (Deleted by amendment, P.L.1991, c.329).

    d. (Deleted by amendment, P.L.1991, c.329).

    (cf: P.L.1995, c.135, s.1)]¹

    ¹[2. 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) 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) 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) or restitution shall have the assessment 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. The assessment shall also be deducted from funds collected from the inmate pursuant to the "VCCB Surcharge" imposed on the inmate's commissary purchases pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    (2) All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) 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, 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 Board pursuant to N.J.S.2C:44-2 shall be forwarded to the Board for deposit in the Victims of Crime Compensation Board 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.

(cf: P.L.1996, c.95, s.17)]¹

¹[3. (New section)] 1.¹ Every commissary operated and maintained in a county or State correctional facility for the sale of commodities to inmates shall collect a surcharge of 10% of the sales price of any item sold to an inmate of the facility. The surcharge shall be known and may be cited as the "VCCB Surcharge." All funds collected pursuant to this section shall be forwarded to the Victims of Crime Compensation Board for ¹[deposit in the Victims of Crime Compensation Board Account pursuant to procedures established under sections 2 and 3 of P.L.1979, c.396 (C.2C:43-3.1 and C.2C:46-4) for payment of VCCB assessments owed by inmates] use in compensating crime victims pursuant to the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) and any other relevant provision of law ¹.

    ¹[4.] 2.¹ The Department of Corrections shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations necessary to implement this act.

    ¹[5.] 3.¹ This act shall take effect immediately.

Imposes "VCCB Surcharge" on prison inmates' commissary purchases.