Bill Text: NJ A1189 | 2018-2019 | Regular Session | Introduced
Bill Title: Reallocates portion of certain forfeited property as incentive for informants of drug-related offenses and to provide inpatient treatment for certain drug-dependent individuals.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Law and Public Safety Committee [A1189 Detail]
Download: New_Jersey-2018-A1189-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman PATRICIA EGAN JONES
District 5 (Camden and Gloucester)
Assemblyman ARTHUR BARCLAY
District 5 (Camden and Gloucester)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Reallocates portion of certain forfeited property as incentive for informants of drug-related offenses and to provide inpatient treatment for certain drug-dependent individuals.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning forfeiture of property, supplementing Title 26 of the New Jersey Statutes, and amending N.J.S.2C:64-1, N.J.S.2C:64-2, and N.J.S.2C:64-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Attorney General shall establish a fund to be known as the "Inpatient Drug Rehabilitation Assistance Fund." All moneys received pursuant to paragraph (2) of subsection d. of N.J.S.2C:64-6 and any other moneys appropriated by law shall be deposited into the fund. Moneys in the fund shall be used to provide treatment at a licensed residential drug treatment program which does not operate in a State correctional facility or county jail to New Jersey citizens who cannot afford treatment. The Commissioner of Human Services shall determine eligibility and disbursements from the fund.
2. N.J.S.2C:64-1 is amended to read as follows:
2C:64-1. Property Subject to Forfeiture.
a. Any interest in the following shall be subject to forfeiture and no property right shall exist in them:
(1) Controlled dangerous substances or controlled substance analogs, firearms which are unlawfully possessed, carried, acquired or used, illegally possessed gambling devices, untaxed or otherwise contraband cigarettes or tobacco products, untaxed special fuel, unlawful sound recordings and audiovisual works and items bearing a counterfeit mark. These shall be designated prima facie contraband.
(2) All property which has been, or is intended to be, utilized in furtherance of an unlawful activity, including, but not limited to, conveyances intended to facilitate the perpetration of illegal acts, or buildings or premises maintained for the purpose of committing offenses against the State.
(3) Property which has become or is intended to become an integral part of illegal activity, including, but not limited to, money which is earmarked for use as financing for an illegal gambling enterprise.
(4) Proceeds of illegal activities, including, but not limited to, property or money obtained as a result of the sale of prima facie contraband as defined by subsection a. (1), proceeds of illegal gambling, prostitution, bribery and extortion.
A portion of any property set forth in this subsection that is obtained as a result of a proceeding for a controlled dangerous substance or controlled substance analog violation pursuant to chapter 35 of Title 2C of the New Jersey Statutes, except paragraph (4) of subsection a. of N.J.S.2C:35-10, that proximately results from information provided to an enforcing authority by a person shall be distributed to that person in accordance with subsection d. of N.J.S.2C:64-6.
b. Any article subject to forfeiture under this chapter may be seized by the State or any law enforcement officer as evidence pending a criminal prosecution pursuant to section [2C:64-4] N.J.S.2C:64-4 or, when no criminal proceeding is instituted, upon process issued by any court of competent jurisdiction over the property, except that seizure without such process may be made when not inconsistent with the Constitution of this State or the United States, and when
(1) The article is prima facie contraband; or
(2) The property subject to seizure poses an immediate threat to the public health, safety or welfare.
c. For the purposes of this section:
"Items bearing a counterfeit mark" means items bearing a counterfeit mark as defined in N.J.S.2C:21-32.
"Unlawful sound recordings and audiovisual works" means sound recordings and audiovisual works as those terms are defined in N.J.S.2C:21-21 which were produced in violation of N.J.S.2C:21-21.
"Untaxed special fuel" means diesel fuel, No. 2 fuel oil and kerosene on which the motor fuel tax imposed pursuant to R.S.54:39-1 et seq. is not paid that is delivered, possessed, sold or transferred in this State in a manner not authorized pursuant to R.S.54:39-1 et seq. or P.L.1938, c.163 (C.56:6-1 et seq.).
(cf: 2011, c.80, s.4)
3. N.J.S.2C:64-2 is amended to read as follows:
2C:64-2. Forfeiture Procedures; Prima Facie Contraband.
Except as provided in N.J.S.2C:35-21, prima facie contraband shall be retained by the State until entry of judgment or dismissal of the criminal proceeding, if any, arising out of the seizure. Thereafter, prima facie contraband shall be forfeited to the entity funding the prosecuting agency involved, subject to the rights of owners and others holding interests pursuant to [section 2C:64-5] N.J.S.2C:64-5 and subsection a. of N.J.S.2C:64-1.
(cf: P.L.1987, c.106, s.17)
4. N.J.S.2C:64-6 is amended to read as follows:
2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. [All] Except as provided in subsection d. of this section, all other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated, and used in accordance with the provisions of this chapter.
The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. Notwithstanding any other provision of law, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture.
The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.
b. For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), [10%] 10 percent of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).
c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, [5%] five percent of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).
d. A portion of the proceeds of any property under subsection a. of N.J.S.2C:64-1 that is obtained as a result of a proceeding for a violation involving a controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes, except paragraph (4) of subsection a. of N.J.S.2C:35-10, that proximately results from information provided to an enforcing authority shall be distributed as follows:
(1) Ten percent of the proceeds shall be paid to the person who provides the information leading to the proceeding provided for in subsection a. of N.J.S.2C:64-1. If more than one person is entitled to a portion of the proceeds under this subsection, the Attorney General shall determine the portion, not to exceed a total of 10 percent of the proceeds, that each person shall receive.
(2) Five percent of the proceeds shall be deposited into the "Inpatient Drug Rehabilitation Assistance Fund" established pursuant to section 1 of P.L. c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1993, c.227, s.1)
5. (New Section) The Attorney General, in consultation with the Commissioner of Human Services shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.
6. This act shall take effect on the first day of the third month following the date of enactment, but the Attorney General and the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill by provides a financial incentive to people who possess information that could assist in the prosecution of certain drug-related offenses, and provides financial assistance for certain individuals in need of inpatient drug treatment.
Under current law, proceeds from forfeited property are to be used solely for law enforcement purposes and must be designated for the exclusive use of the law enforcement agency that contributed to the surveillance, investigation, arrest, or prosecution resulting in the forfeiture. This bill would reallocate a portion of the proceeds from forfeited property obtained from proceedings for drug-related offenses that arises out of information provided by an informant. The remaining proceeds would be distributed in accordance with current law.
Under the bill, a person who provides information that leads to a proceeding for a drug-related crime is entitled to 10 percent of the proceeds of any property forfeited as a result of that action.
In addition, the bill establishes the "Inpatient Drug Rehabilitation Assistance Fund." Five percent of the proceeds from property that is forfeited from a drug-related offense because of information provided by an informant will be deposited into the fund. The fund is to be used to provide treatment at a licensed residential drug treatment program to New Jersey citizens who cannot afford treatment. Eligibility and assistance from the fund will be determined by the Commissioner of Human Services.
