Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.
Impact
The bill fundamentally modifies the existing statutes regarding the consequences of nonpayment of fines or penalties, amending N.J.S.2C:46-2 and R.S.39:5-36. By increasing the daily credit for incarceration, S2260 aims to establish a more equitable system where the time served can directly reduce outstanding debts resulting from court-imposed financial obligations. This is particularly significant for those facing economic hardships which may impede their ability to meet payment requirements. The change reflects an acknowledgment of the financial struggles many face, and establishes a pathway to potentially reduce the financial burdens imposed on individuals due to incarceration.
Summary
S2260 is a legislative bill aimed at addressing the penalties and credits associated with court-imposed financial obligations. Specifically, it proposes to increase the daily credit a court can grant to individuals who are incarcerated due to defaulting on these obligations, raising it from $50 to $90 for each day of confinement. This change is motivated by a desire to alleviate the burden on individuals who may default on payment and subsequently face incarceration as a consequence of not fulfilling their financial responsibilities.
Contention
There may be concerns among certain legislative members regarding the potential implications of increasing the credit amount. Critics could argue that this approach might inadvertently encourage defaults on financial obligations if individuals perceive they will relatively 'earn' their way out of debts through incarceration. Furthermore, there might be discussions on whether this increase might lead to increased incarceration rates as judges might feel more inclined to impose lengthy sentences without considering the financial impacts. Therefore, while the bill seeks to address existing inequities, it may also provoke debates on the balance between accountability for financial obligations and the ramifications of incarceration.
Increases penalties for leader of auto theft trafficking network in certain circumstances; increases penalties for repeat conviction of certain motor vehicle related crimes.
Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).