Bill Text: NJ S3131 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides for sentence of special probation drug court for certain persons who violate terms or conditions of regular probation, when determined by court to be drug dependent.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-08-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3131 Detail]
Download: New_Jersey-2014-S3131-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Provides for sentence of special probation drug court for certain persons who violate terms or conditions of regular probation, when determined by court to be drug dependent.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning special probation for certain drug dependent persons who violate terms or conditions of regular probation, and supplementing chapter 35 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A defendant placed on regular probation pursuant to N.J.S.2C:45-1 shall be sentenced by the Superior Court to special probation pursuant to the provisions of N.J.S.2C:35-14 for the purpose of participating in a court-supervised drug treatment program, regardless of whether the defendant has sought or consents to the sentence, if:
(1) the defendant violates any court imposed term or condition of the regular probation;
(2) the defendant's probation officer files a violation of probation with the court which includes a recommendation that the defendant be sentenced to a custodial term in State prison;
(3) there is a reasonable basis to believe that the defendant may be a drug dependent person as defined in N.J.S.2C:35-2, using any of the circumstances that provide for that reasonable basis set forth in subsection b. of section 1 of P.L.2012, c.23 (C.2C:35-14.1); and
(4) the court makes a determination, with reasons placed on the record, that the defendant is a person in need of treatment under the terms of a sentence of special probation, because:
(a) the defendant is a drug dependent person as defined in N.J.S.2C:35-2; and
(b) the defendant is otherwise eligible for a sentence of special probation pursuant to the provisions of N.J.S.2C:35-14.
b. The court, in making its determination that a defendant is a person in need of treatment pursuant to subsection a. of this section, shall consider all relevant circumstances, and shall take judicial notice of any evidence, testimony, or information adduced at any trial, plea hearing, or other court proceedings, and shall also consider any other information it deems relevant.
2. This act shall take effect on the first day of the fourth month next following enactment, except that the Administrative Director of the Courts may take any anticipatory administrative action in advance of the effective date as shall be necessary to implement the provisions of this act.
STATEMENT
This bill would provide for a sentence of special probation drug court for certain persons who violate terms or conditions of regular probation, when determined by a court to be drug dependent. Specifically, a defendant who violates any term or condition of regular probation would be sentenced to special probation drug court under the following circumstances:
- the defendant's probation officer files a violation of probation with the court which includes a recommendation that the defendant be sentenced to a custodial term in State prison;
- there is a reasonable basis to believe that the defendant may be a drug dependent person as defined in N.J.S.2C:35-2, using any of the circumstances that provide for that reasonable basis set forth in subsection b. of section 1 of P.L.2012, c.23 (C.2C:35-14.1), such as the present violation involving a controlled dangerous substance or the defendant having received any form of drug treatment counseling at any time previously; and
- the court makes a determination, with reasons placed on the record, that the defendant is a person in need of treatment under the terms of a sentence of special probation, because the defendant is a drug dependent person, and the defendant is otherwise eligible for a sentence of special probation pursuant to the eligibility provisions set forth in N.J.S.2C:35-14.
The court, in making its determination that a defendant is a person in need of treatment, would consider all relevant circumstances, and would take judicial notice of any evidence, testimony, or information adduced at any trial, plea hearing, or other court proceedings, and would also consider any other information it deems relevant. If the defendant was found it be a person in need of treatment, the court would sentence the defendant to special probation regardless of whether the defendant has sought or consents to the sentence.
