§2 - Approp.
P.L. 1997, CHAPTER 174, approved July 30, 1997
Senate, No. 1990
An Act concerning drug and alcohol abuse, amending N.J.S.2C:35-15 and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:35-15 is amended to read as follows:
a. In addition to any disposition authorized by this title, 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 an adjudication of delinquency, every person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall be assessed for each such offense a penalty fixed at:
(1) $3,000.00 in the case of a crime of the first degree;
(2) $2,000.00 in the case of a crime of the second degree;
(3) $1,000.00 in the case of a crime of the third degree;
(4) $750.00 in the case of a crime of the fourth degree;
(5) $500.00 in the case of a disorderly persons or petty disorderly persons offense.
Every person placed in supervisory treatment pursuant to the provisions of N.J.S.2C:36A-1 or N.J.S.2C:43-12 for a violation of any offense defined in this chapter or chapter 36 of this title shall be assessed the penalty prescribed herein and applicable to the degree of the offense charged, except that the court shall not impose more than one such penalty regardless of the number of offenses charged. If the person is charged with more than one offense, the court shall impose as a condition of supervisory treatment the penalty applicable to the highest degree offense for which the person is charged.
All penalties provided for in this section shall be in addition to and not in lieu of any fine authorized by law or required to be imposed pursuant to the provisions of N.J.S.2C:35-12.
b. All penalties provided for in 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 Department of the Treasury as provided in subsection c. of this section.
c. All moneys collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in a nonlapsing revolving fund to be known as the "Drug Enforcement and Demand Reduction Fund." Monies in the fund shall be appropriated by the Legislature on an annual basis for the purposes of funding in the following order of priority: (1) the Alliance to Prevent Alcoholism and Drug Abuse and its administration by the Governor's Council on Alcoholism and Drug Abuse; (2) the "Alcoholism and Drug Abuse Program for the Deaf, Hard of Hearing and Disabled" established pursuant to section 2 of P.L.1995, c.318 (C.26:2B-37); (3) the "Partnership for a Drug Free New Jersey," the State affiliate of the "Partnership for a Drug Free America"; and [(3)] (4) other alcohol and drug abuse programs.
Moneys appropriated for the purpose of funding the "Alcoholism and Drug Abuse Program for the Deaf, Hard of Hearing and Disabled" shall not be used to supplant monies that are available to the Department of Health as of the effective date of P.L.1995, c.316 (C.26:2B-36 et al.), and that would otherwise have been made available to provide alcoholism and drug abuse services for the deaf, hard of hearing and disabled, nor shall the moneys be used for the administrative costs of the program.
d. (Deleted by amendment, P.L.1991, c.329).
e. The court may suspend the collection of a penalty imposed pursuant to this section; provided the defendant agrees to enter a residential drug rehabilitation program approved by the court; and further provided that the defendant agrees to pay for all or some portion of the costs associated with the rehabilitation program. In this case, the collection of a penalty imposed pursuant to this section shall be suspended during the defendant's participation in the approved rehabilitation program. Upon successful completion of the program, the defendant may apply to the court to reduce the penalty imposed pursuant to this section by any amount actually paid by the defendant for his participation in the program. The court shall not reduce the penalty pursuant to this subsection unless the defendant establishes to the satisfaction of the court that he has successfully completed the rehabilitation program. If the defendant's participation is for any reason terminated before his successful completion of the rehabilitation program, collection of the entire penalty imposed pursuant to this section shall be enforced. Nothing in this section shall be deemed to affect or suspend any other criminal sanctions imposed pursuant to this chapter or chapter 36 of this title.
(cf: P.L.1995, c.318, s.5)
2. There is appropriated $350,000 from the "Drug Enforcement and Demand Reduction Fund," established pursuant to N.J.S.2C:35-15, to the Department of Health and Senior Services for a grant to the "Partnership for a Drug Free New Jersey," the State affiliate of the "Partnership for a Drug Free America."
3. This act shall take effect immediately.
The "Partnership for a Drug Free New Jersey," the State affiliate of the national "Partnership for a Drug Free America," is a nonprofit coalition of professionals whose mission is to reduce the demand for and incidence of substance abuse in New Jersey through a Statewide media campaign. This bill provides annual funding for the "Partnership for a Drug Free New Jersey" from the Drug Enforcement and Demand Reduction (DEDR) fund, to be appropriated by the Legislature as available. The bill also makes a current year appropriation of $350,000 from the DEDR fund to this program.
Provides funding for "Partnership for a Drug Free New Jersey," appropriates $350,000.