SENATE, No. 232

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senators INVERSO and CAFIERO

An Act concerning an assessment for convictions of certain sexual offenses to fund counseling for victims and their families, amending P.L.1979, c.396 and P.L.1991, c.329 and supplementing Title 2C of the New Jersey Statutes.

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

    1. (New Section) a. In addition to any other fine, fee or assessment imposed, any person convicted of the following offenses: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; or an attempt to commit any of these enumerated offenses shall be assessed $100.00 for each conviction for the Sexual Offender Victim Counseling Fund.

    b. All assessments provided for in this section shall be collected as provided for the 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 money collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited into the Sexual Offender Victim Counseling Fund established in the State Treasury

by section 2 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    2. (New section) a. The Sexual Offender Victim Counseling 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 act shall be used for the provision of counseling services to victims of specified sexual offenses set forth in section 1 of P.L. c. (C.    )(now pending before the Legislature as this bill) and the families of these victims.

    b. The development and provision of counseling services to victims and their families shall be pursuant to rules and regulations promulgated by the Director of the Division of Criminal Justice. The Director of the Division of Criminal Justice shall coordinate these counseling services with other services offered by the State Office of Victim and Witness Advocacy, the 21 county offices of Victim and Witness Advocacy and as otherwise deemed appropriate for the implementation of the Attorney General Standards to Ensure the Rights of Crime Victims.

    3. 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 and assessments imposed pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill), shall be collected by the county probation department except when such fine, assessment or restitution is imposed in conjunction with a custodial sentence to a State correctional facility in which event such fine, assessment or restitution shall be collected by the Department of Corrections. An adult prisoner of a State correctional institution who has not paid an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) or assessment imposed pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill) 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, from any personal account established in the institution for the benefit of the inmate.

    (2) All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) and assessments imposed pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill) and restitution imposed by a municipal court shall be collected by the municipal court clerk except if such fine, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or restitution or assessment imposed pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill) is ordered as a condition of probation in which event it shall be collected by the county probation department.

    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 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.

    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 Violent Crimes Compensation Board pursuant to N.J.S.2C:44-2 shall be forwarded to the Board for deposit in the Violent Crimes 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.1993, c.220, s.12)

    4. Section 13 of P.L.1991, c. 329 (C.2C:46-4.1) is amended to read as follows:

    13. Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or assessment imposed pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill) or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes, shall be applied in the following order:

    a. first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);

    b. second, in satisfaction of any restitution ordered;

    c. third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);

    d. fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;

    e. fifth, in satisfaction of any mandatory Drug Enforcement and Demand Reduction penalty assessed pursuant to N.J.S.2C:35-15; and

    f. sixth, in satisfaction of any fine.

(cf: P.L.1993, c.220, s.13)

    5. This act shall take effect immediately.

STATEMENT

    This bill creates a new $100.00 assessment to be imposed on person convicted of specified sexual offenses. These sexual offenses are the same as those which currently trigger the registration provisions of P.L.1994, c.133 (C.2C:7-1 et seq.) under "Megan's Law". This $100.00 assessment shall be collected in the same manner as other assessments and shall be given the same priority as other assessments. The moneys collected shall be deposited in the Sexual Offender Victim Counseling Fund established in the State Treasury by this bill. These special $100.00 assessments shall be used by the Division of Criminal Justice in the Department of Law and Public Safety to fund counseling for victims of sexual offenses and their families.

    The development and provision of counseling services to victims and their families shall be pursuant to rules and regulations promulgated by the Director of the Division of Criminal Justice. The Director shall coordinate these counseling services with other services offered by the State Office of Victim and Witness Advocacy, the 21 county offices of Victim and Witness Advocacy and as otherwise deemed appropriate for the implementation of the Attorney General Standards to Ensure the Rights of Crime Victims.

Creates new $100 assessment for convictions of certain sexual offenses to fund counseling for victims and their families; establishes Sexual Offender Victim Counseling Fund.