New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2452

Introduced
2/14/22  

Caption

Mandates wage garnishment and community service for defendants in default of court orders to compensate crime victims.

Impact

The introduction of A2452 could significantly change the way restitution is enforced in New Jersey. Currently, courts have the discretion to impose sanctions for non-payment; this bill would mandate actions, standardizing how defaults are addressed. The implications of this legislation include increased financial accountability for defendants, as the bill sets a clear framework for sanctions that may otherwise be at the discretion of the courts. Consequently, it aims to enhance the financial restitution process for crime victims, ensuring they receive compensation more reliably.

Summary

Bill A2452 proposes mandated wage garnishment and community service for defendants who default on court-ordered restitution payments to crime victims. It outlines that if a defendant fails to meet their restitution obligations without good cause, the court is required to impose specific actions to ensure compliance. These actions include verifying the defendant's financial information and enforcing garnishment of wages to ensure that victims receive the compensation they are owed. Additionally, if the defendant is unemployed, they are required to participate in job placement programs.

Contention

The bill may face contention regarding the balance between enforcing restitution and the rights of defendants, particularly around the potentially punitive nature of mandatory wage garnishment and enforced community service. Some stakeholders may argue that this approach may overlook the circumstances of defendants who are unable to pay due to hardships, calling into question the ethical implications of imposing such penalties. This could lead to discussions on how best to support victims while also considering the rehabilitation and rights of those who have committed crimes.

Companion Bills

NJ S804

Same As Mandates wage garnishment and community service for defendants in default of court orders to compensate crime victims.

Previously Filed As

NJ S804

Mandates wage garnishment and community service for defendants in default of court orders to compensate crime victims.

NJ HB2373

Relating to garnishment of wages for court-ordered restitution in a criminal judgment.

NJ S472

Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.

NJ S2260

Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.

NJ A164

Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.

NJ A1777

Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.

NJ AB2226

Crime victims: restitution and compensation.

NJ A2748

Requires certain accuracy standards for child support wage garnishments.

NJ A5268

Establishes "Pretrial Partnership for Community Support and Services Pilot Program" for certain defendants.

NJ S3588

Establishes "Pretrial Partnership for Community Support and Services Pilot Program" for certain defendants.

Similar Bills

NJ S804

Mandates wage garnishment and community service for defendants in default of court orders to compensate crime victims.

CA AB1186

Restitution fines.

HI HB573

Relating To Consumer Protection.

VA HB612

Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.

VA SB654

Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.

LA SB370

Provides for parent participation after adjudication of a delinquent act committed by their juvenile child. (8/1/22)

CA SB245

Criminal procedure.

OK HB1462

Criminal procedure; directing courts to prioritize orders of payments of restitution; effective date.