Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.
Impact
The adjustment in the credit amount for incarceration has significant implications for how courts address defaults on financial obligations. By increasing the credit rate, S472 promotes potentially faster repayment of debts for individuals unable to meet their obligations due to economic hardship and might reduce the length of incarceration that debts could cause. This change may lead to a shift in judicial practices and could affect the rates at which individuals are incarcerated specifically for non-payment, aiming for a more rehabilitative rather than punitive approach.
Summary
Senate Bill S472, introduced in the New Jersey Legislature, aims to amend existing statutes relating to penalties, assessments, and financial obligations imposed by the court. The primary focus of this bill is to increase the amount of credit that can be awarded to individuals who are incarcerated due to their default on a court-imposed financial obligation or motor vehicle penalty. Specifically, the bill raises the daily credit amount from $50 to $90, which can be applied against the outstanding penalties owed by the individual while serving time in jail.
Contention
While supporters of the bill argue that it reflects a necessary reform to assist those struggling with financial obligations, opponents might argue that it could incentivize defaults on payments, knowing that jail time could ultimately result in reduced financial obligations. Furthermore, the effectiveness of such credits in ensuring accountability and compliance with financial obligations remains debatable among legislators and stakeholders, sparking discussions on judicial discretion and the administrative burden introduced by these changes.
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).