ASSEMBLY, No. 2807
STATE OF NEW JERSEY
INTRODUCED MARCH 20, 1997
By Assemblymen BUCCO, CARROLL and Gregg
An Act concerning the comprehensive enforcement court program and amending P.L.1967, c.43 and amending and supplementing P.L.1995, c.9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.1967,c.43 (C.2A:158A-19) is amended to read as follows:
19. The Public Defender in the name of the State shall do all things necessary and proper to collect all moneys due to the State by way of reimbursement for services rendered pursuant to this act. He may enter into arrangements with one or more agencies of the State, including the comprehensive enforcement program established pursuant to the provisions of P.L.1995, c.9 (C.2B:19-1 et seq.) or of the counties to handle said collections on a cost basis to the extent that such arrangements are calculated to simplify collection procedures. He shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken for or upon the recovery of a judgment in a civil action and may institute and maintain any action or proceeding in the courts necessary therefor. In any such proceedings or action, the defendant may contest the value of the service rendered by the Public Defender.
(cf: P.L.1969, c.29, s.2)
2. Section 4 of P.L.1995, c.9 (C.2B:19-4) is amended to read as follows:
4. a. Subject to the approval of the Director of the Division of Budget and Accounting, the Administrative Office of the Courts is authorized to deduct an amount up to 25% of all moneys collected through the comprehensive enforcement program, except for victim restitution and for [Violent Crimes] Victims of Crime Compensation Board assessments, for deposit in the "Comprehensive Enforcement Program Fund" established pursuant to section 3 of this act to fund the comprehensive enforcement program, the CAPS computer system, enforced community service, and other programs employed to collect court ordered financial obligations. The Administrative Office of the Courts shall promulgate a schedule for the deduction of collections to be deposited in the "Comprehensive Enforcement Program Fund."
b. [Of the funds deposited in the "Comprehensive Enforcement Program Fund," no more than $550,000.00 annually shall be allocated to fund the comprehensive enforcement program.] (Deleted by amendment, P.L. , c. (now pending before the Legislature as this bill).
(cf: P.L.1995, c.9, s.4)
3. Section 5 of P.L.1995,c.9, (C.2B:19-5) is amended to read as follows:
5. a. The governing body of each county, through the sheriff or such other authorized officer, may establish a labor assistance program as an alternative to direct incarceration to be utilized by the comprehensive enforcement program as a sentencing option. An enrollment fee of [$15.00] $25.00 shall be paid by each person who is sentenced to a labor assistance program. Additionally, each person so sentenced shall pay a fee of [$2.00] $8.00 per day for each day originally sentenced to the labor assistance program. Labor assistance program fees shall be paid to the county treasurer for use by the county.
b. In counties that do not establish a labor assistance program, the probation services division shall establish an enforced community service program as an alternative to direct incarceration, to be utilized by the comprehensive enforcement program as a sentencing option. An enrollment fee of [$15.00] $25.00 shall be paid by each person who is sentenced to the enforced community service program. Additionally, each person so sentenced shall pay a fee of [$2.00] $8.00 per day for each day originally sentenced to the enforced community service program. Enforced community service fees shall be deposited in the "Comprehensive Enforcement Program Fund" and specifically used to fund the enforced community service programs.
c. (1) As used in this section, "labor assistance program" means, a work program, established by the county under the direction of the sheriff or other authorized county officer, which rigorously supervises offenders providing physical labor as an alternative to incarceration. (2) As used in this section, "enforced community service" means a work program, established and supervised by the probation division, which directly and rigorously supervises offenders providing physical labor as an alternative to direct incarceration in those counties which have chosen not to create a labor assistance program.
(cf: P.L.1995, c.9, s.5.)
4. Section 6 of P.L.1995, c.9.(C.2B:19-6) is amended to read as follows:
6. a. All matters involving the collection of moneys in the Superior Court and Tax Court which have not been resolved in accordance with an order of the court may be transferred, pursuant to court rule, to the comprehensive enforcement program for such action as may be appropriate.
b. (1) A municipal court may request that all matters which have not been resolved in accordance with an order of that court be transferred to the comprehensive enforcement program for such action as may be appropriate. All moneys collected through the comprehensive enforcement program which result from the enforcing of orders transferred from any municipal court shall be subject to the 25% deduction authorized pursuant to section 4 of this act except for moneys collected in connection with the enforcement of orders related to parking violations.
(2) Nothing contained in this act shall prevent any municipal court from contracting the services of a private collection agency to collect any moneys which have not been remitted in accordance with an order of that court.
c. (1) At the request of the Public Defender, the Clerk of the Superior Court shall refer every unsatisfied lien, filed by the Public Defender, to the comprehensive enforcement program for collection. All moneys collected through the comprehensive enforcement program which result from the collection of these liens shall be subject to the deduction authorized pursuant to section 4 of P.L.1995, c.9 (C.2B:19-4).
(2) Upon satisfaction of a public defender lien through the comprehensive enforcement program, the comprehensive enforcement program shall notify the Clerk of the Superior Court within 10 days of satisfaction and the satisfaction of the lien shall be entered in the Superior Court Judgement Index.
(cf: P.L.1995, c.9, s.6.)
5. (New section) In addition to the duties set forth in P.L.1995, c.9 (C.2B:19-1 et seq.), the comprehensive enforcement program shall provide for the collection of moneys due the State by way of reimbursement for services rendered by the Public Defender and filed as liens in the Office of the Clerk of the Superior Court.
6. This act shall take effect 90 days after enactment.
STATEMENT
P.L.1995, c.9, created a comprehensive enforcement program to provide for the enforcement of court orders and to oversee the collection of court-ordered fines, assessments, surcharges and judgements. This bill would authorize the Office of the Public Defender to utilize the comprehensive enforcement program as a means of collecting moneys due to the State by way of reimbursement for services rendered by the Public Defender and filed as liens with the Superior Court.
P.L.1995, c.9 also provides that no more than $550,000.00 per year of the funds deposited in the "Comprehensive Enforcement Program Fund" could be allocated for the comprehensive enforcement program. This bill would eliminate this provision.
In addition to the establishment of the comprehensive enforcement court program, P.L.1995, c.9 authorized counties to establish labor assistance programs under the supervision of the sheriff to provide supervised physical labor as a sentencing alternative to incarceration or as a sentencing option if an offender fails to meet court imposed financial penalties. In counties which do not establish labor assistance programs, a similar program to be known as enforced community service supervised by the probation division have been established. Both types of programs presently charge offenders a $15.00 enrollment fee and a $2.00 per day fee for each day sentenced to the program. This bill would raise the enrollment fee to $25.00 and the per diem fee to $8.00.
Makes certain amendments to the law establishing the comprehensive enforcement program.