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  • NJ A3491
  • Establishes "County Government Criminal Justice Reform Administration Fund"; increases certain fees and assessments.
Introduced
(4/4/2016)
In Committee
(4/4/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would increase certain court filing fees, court costs and assessments to provide a continuous source of funding to county governments for the implementation and administration of the pretrial release and pretrial detention proceedings established by the sections 1 through 11 and section 20 of P.L.2014, c. 31 (C.2A:162-15 et seq.) and sections 12 through 15 and sections 17 through 19 of P.L.2014, c. 31 (2B:1-7 et seq.), herein referred to as "criminal justice reform." County Government Criminal Justice Reform Administration Fund The bill provides that the annual revenue realized from these increases would be deposited in the newly created "County Government Criminal Justice Reform Administration Fund," a separate, non-lapsing, dedicated account. Moneys in the fund, including any interest accruing thereon, would be used for the costs associated with implementing and administering criminal justice reform. The bill authorizes the State Treasurer to administer the fund and disburse money from the fund to county governing bodies to implement and administer criminal justice reform. Money in the fund would be distributed to county governing bodies as the county share, which would be equal to the total number of complaint-warrants generated in each county pursuant to subsection c. of section 2 of P.L.2014, c.31 (C.2A:162-16), divided by the total number of Statewide complaint-warrants generated pursuant to subsection c. of section 2 of P.L.2014, c.31 (C.2A:162-16), multiplied by the total revenues deposited in the "County Government Criminal Justice Reform Administration Fund" in the prior State fiscal year. Moneys distributed under the bill would be used to offset county governing body funding for implementing and administering criminal justice reform including, but not limited to: salaries and wages, health and pension benefits, operation and maintenance expenses, court security enhancements, court facility improvements, and other capital expenses, as recommended by the Assignment Judge and the governing body of the county, county prosecutor, or sheriff and as approved by the county governing body. The Administrative Office of the Courts may monitor the use of the funds distributed in the bill. County governing bodies would also cooperate in the monitoring of such efforts. Assessments and Fees Under the bill, the following fees would be increased and revenues from these fees and assessments would be deposited in the "County Government Criminal Justice Reform Administration Fund," created under the bill. Municipal Court criminal proceeding fee: This bill would increase certain municipal court cost fees in N.J.S.22A:3-4. The bill would increase the $33 court cost fee for criminal proceedings in municipal court to $38. This court cost fee pertains to violations of Title 39 of the Revised Statutes, which includes motor vehicle offenses and traffic ordinances. One-half of this increase, $2.50, would deposited in the newly created "County Government Criminal Justice Reform Administration Fund" and the remaining $2.50 to municipalities to offset municipal governing body funding for implementing criminal justice reform. The bill would also increase the fee for other court cost at the discretion of the court in municipal criminal proceedings from $33 to $35. In addition, the bill establishes a new $2 court cost assessment for any violation of any statute or ordinance which would be used to offset the cost of implementing and administering criminal justice reform. This assessment would be collected by the municipal court administrator for deposit into the "County Government Criminal Justice Reform Administration Fund." Domestic violence fee: The bill would amend section 14 of P.L.1991, c. 261 (C.2C:25-30) to impose a $30 criminal justice reform fee on any defendant found guilty of contempt in a domestic violence matter. Court filing fees: The bill would add a $5 criminal justice reform fee to any court filing fees in the Supreme Court, Superior Court (which includes the Appellate Division) and the Tax Court for each first paper filed and for each first paper filed by any person other than the plaintiff. This bill also provides for a $5 criminal justice reform fee for each motion filed. Certain assessments concerning criminal proceedings: The bill provides for a $25 criminal justice reform assessment which would be imposed in addition to any other fine, fee or assessment imposed on a person convicted of a crime, disorderly persons or petty disorderly person offense, or any juvenile adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime, disorderly persons or petty disorderly persons offense. PTI and other supervisory treatment programs assessments: The bill requires participants in any supervisory treatment program (PTI), conditional discharge program or conditional dismissal program to pay a $25 criminal justice reform assessment. This assessment would be imposed in addition to the admission fees for each of these programs: PTI ($75 application fee--N.J.S.2C:43-13); conditional discharge $75 application fee--N.J.S.A.2C:36A-1) and conditional dismissal ($75 admission fee--N.J.S.2C:43-13.8). Collection and distribution of fines and assessments: The bill also amends those sections in Title 2C of the New Jersey Statutes (N.J.S.A.2C:46-4 and N.J.S.A.2C:46-4.1) which provide for the division of fines, assessments and penalties among the various government agencies to add the assessments imposed by the bill. Waiver of fine: In addition, the bill would allow a person to apply for a waiver of the newly created criminal justice reform fees or assessments by reason of poverty. The bill would take effect on the first day of the seventh month following enactment.
Judiciary
Introduced, Referred to Assembly Judiciary Committee  (on 4/4/2016)
 
 
Date Chamber Action Description
4/4/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified