Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.
Impact
The proposed changes in A1777 will directly affect the statutory provisions N.J.S.2C:46-2 and R.S.39:5-36 which outline the consequences of nonpayment of financial penalties. By increasing the daily credit for confinement, it is expected that more individuals may find it beneficial to serve time rather than facing crippling financial penalties that could otherwise lead to further criminal charges for nonpayment. This could potentially reduce the overall incarceration rates for individuals unable to meet their financial obligations, supporting reform efforts in the justice system aimed at fair treatment of financially disadvantaged individuals.
Summary
Assembly Bill A1777 seeks to amend New Jersey law relating to the consequences of defaulting on court-imposed financial obligations or motor vehicle penalties. The key provision of the bill is to increase the daily credit given by the court for any incarceration resulting from a default from $50 to $90. This amendment is aimed at providing greater financial relief to individuals who find themselves incarcerated due to their inability to pay fines or penalties, recognizing the adverse impacts of incarceration on individuals who are struggling financially. A noteworthy aspect of the bill is its foundation in recommendations from the Supreme Court Committee on Municipal Court Operations, Fines, and Fees.
Contention
While the bill represents a step towards addressing the financial burdens associated with court-imposed penalties, there are possible points of contention regarding its implementation and efficacy. Some legislators may question whether raising the credit for incarceration adequately addresses the root causes of nonpayment, such as poverty and lack of financial literacy. Additionally, concerns about budget impacts on the state’s correctional system and court management could emerge, as the increase in credits may alter how financial penalties are enforced and collected.
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).