Bill Text: NJ A2887 | 2010-2011 | Regular Session | Introduced
Bill Title: Allows fees to be suspended or vacated for certain persons sentenced to labor assistance programs as alternative to incarceration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-06-14 - Introduced, Referred to Assembly Law and Public Safety Committee [A2887 Detail]
Download: New_Jersey-2010-A2887-Introduced.html
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
SYNOPSIS
Allows fees to be suspended or vacated for certain persons sentenced to labor assistance programs as alternative to incarceration.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the comprehensive enforcement court program and amending P.L.1995, c.9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 $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 $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. Upon a satisfactory showing that a person who is sentenced to a labor assistance program is indigent or participates in a government based income maintenance program, the sheriff or any her authorized officer may suspend or vacate the initial $25.00 enrollment fee and the daily $8.00 fee, or any part thereof.
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 $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 $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. Upon a satisfactory showing that a person who is sentenced to a comprehensive enforcement program is indigent or participates in a government based income maintenance program, the probation services division may suspend or vacate the initial $25.00 enrollment fee and the daily $8.00 fee, or any part thereof.
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.2000, c.120, s.2)
2. This act shall take effect immediately.
STATEMENT
Under current law, counties are authorized 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 known as enforced community service is supervised by the probation division has been established. Both types of programs presently charge offenders a $25.00 enrollment fee and an $8.00 per day fee for each day sentenced to the program.
This bill allows the county sheriff or the probation division to suspend or vacate these fees if a person sentenced to a labor program can make an adequate showing that they are indigent or participate in a government based income maintenance program.
