Bill Text: NJ S1708 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits municipal court to order certain offenders to perform community service in lieu of payment of penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-17 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1708 Detail]
Download: New_Jersey-2014-S1708-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Permits municipal court to order certain offenders to perform community service in lieu of payment of penalty.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning municipal court and amending P.L.2009, c.317.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L. 2009, c. 317 (C.2B:12-23.1) is amended to read as follows:
1. a. Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may:
(1) reduce the penalty, suspend the penalty, or modify the installment plan;
(2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default;
(3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment;
(4) order the person to perform community service in lieu of payment of the penalty; or
(5) impose any other alternative permitted by law in lieu of payment of the penalty.
b. For the purposes of this section, "penalty" means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2).
(cf: P.L.2009, c.317, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would broaden the ability of municipal courts to order community service as an alternative to the payment of a penalty. A municipal court would be permitted to order community service in lieu of the payment of the penalty upon finding that a person does not have the ability to pay the penalty in full on the date of a hearing, or has failed to pay a previously imposed penalty.
Under existing law, a municipal court may order community service only when a person defaults on payment of a penalty, or only after ordering the payment of a penalty in installments and a subsequent default occurs. See P.L.1993, c.293, s.1 (C.2B:12-23) and P.L.2009, c.317, s.1 (C.2B:12-23.1). The bill would instead permit the court to order community service as an initial option, prior to any such default or ordering of an installment plan.
