Criminal Defense Lawyers

New Jersey Section 2C:43-3.1 – Victim, witness, criminal disposition, and collection funds

New Jersey Section 2C:43-3.1 – Victim, Witness, Criminal Disposition, and Collection Funds

New Jersey Section 2C:43-3.1 is a law that establishes victim and witness funds and criminal disposition and collection funds in each county. It requires defendants to pay certain penalties and assessments that go into these funds to support victims, witnesses, and other criminal justice expenses.

Overview of the Law

This law was enacted in 1997 and has been amended over the years. Here are some key components of the law:

• It requires every defendant convicted of a crime or offense to pay a penalty of $50 for each conviction. This $50 penalty goes into the victim and witness funds in each county.
• It requires defendants to pay assessments that vary based on the degree of the offense. For disorderly persons offenses and petty disorderly persons offenses, the assessment is $50. For crimes of the 4th degree, the assessment is $75. For crimes of the 3rd degree, the assessment is $100. And so on up to $200 for crimes of the 1st degree. This money goes into the criminal disposition and collection funds.
• It establishes a Victim and Witness Advocacy Fund in each county prosecutor’s office to support victim and witness programs. Money from the $50 penalty goes into this fund.
• It establishes a Criminal Disposition and Revenue Collection Fund in each county to support the criminal justice system. The assessments on convictions go into this fund.
• It requires the county treasurer to administer these funds and make payments as approved by the prosecutor’s office (for the Victim and Witness Fund) and assignment judge (for the Criminal Disposition Fund).

Purpose and Legislative Intent

The legislative intent behind this law was to establish stable sources of funding for victims, witnesses, and other criminal justice expenses. As the law states, the assessments and penalties are intended to:

• Provide supplemental funding for services to victims and witnesses of crimes and offenses.
• Fund the administration of the Victim and Witness Advocacy Fund and related victim and witness programs.
• Support criminal justice-related expenditures as approved by the assignment judge.

So in essence, this law was designed to shift some of the financial burden of the criminal justice system onto those who commit crimes and offenses. The money collected supports those impacted by crime as well as the court system itself.

Use of the Funds

The victim and witness funds can be used for a wide range of services and programs supporting victims and witnesses, such as:

• Victim advocacy and victim-witness coordination
• Victim compensation and restitution
• Victim counseling and support groups
• Victim notification and communication
• Witness notification and appearance coordination
• Witness counseling and support groups
• Any other programs approved by the prosecutor’s office

The criminal disposition funds can be used more broadly to cover court-related costs, such as:

• Salaries, equipment, and expenses for court staff
• Alcohol and drug dependency programs
• Enhancements to probation programs
• Pretrial services programs
• Office of public defender expenses
• Legal services to indigent defendants
• Any other criminal justice costs approved by the assignment judge

So while the victim/witness funds are more narrowly focused, the criminal disposition funds give counties flexibility to pay for many different aspects of the justice system.

Oversight and Administration

To ensure proper oversight and administration of the funds, the law establishes several requirements:

• The county treasurer serves as the custodian of the funds. They receive the money collected and make payments from the funds.
• Expenditures from the Victim and Witness Advocacy Fund must be authorized by the county prosecutor’s office. This provides oversight that money is used appropriately for victim/witness services.
• Expenditures from the Criminal Disposition and Revenue Collection Fund must be authorized by the assignment judge. This allows the judiciary to oversee use of funds to support the courts.
• The prosecutor’s office and assignment judge must receive an annual audit of the funds from the county treasurer. This audit helps maintain accountability.
• The law requires quarterly reports on the funds to be made publicly available. This reporting provides transparency about how much money is collected and spent.

Collection Rates and Funding Levels

While Section 2C:43-3.1 establishes this penalty and assessment system, in practice, collection rates vary across New Jersey counties. Statewide, only about 15% of penalties and fees assessed are actually collected. So the funds often do not accumulate as much money as intended.

Collection rates depend on the efficiency of the collection system, the financial means of those convicted, and the priority given to collecting these specific penalties and fees. Some counties have collection rates under 10%, while others exceed 30%.In many counties, the funds remain relatively small – in the hundreds of thousands of dollars annually. Larger counties like Essex and Camden may collect over $1 million for victim/witness services. But for most counties, these funds generate modest supplemental resources and the programs remain dependent on other funding streams.

Debates and Discussion

There has been some debate about whether these financial penalties are the best way to fund services for victims and the courts.

• Some argue that the penalties and fees place an unreasonable and disproportionate burden on low-income defendants. Critics say this creates more barriers to reentry and rehabilitation.
• There are concerns that the funds incentivize fines and fees over alternative approaches like community service. Some see the penalties/fees as a revenue source rather than a deterrent.
• Defense attorneys and civil liberties groups argue some uses of the funds are overbroad and not sufficiently related to the offense committed. They argue for more narrowly defined uses.
• There have been questions about whether counties dedicate enough resources to collection, or whether they write-off penalties and fees too easily. Some want better collection methods.
• Victim advocates often argue the funds are too small and unstable to adequately meet needs. They say more priority should be given to enforcing the financial penalties.
• There are also calls for the state government to provide more assistance and oversight to counties in administering the penalty/fee system.

So while the law has noble intentions, there are definitely areas of debate. Overall though, Section 2C:43-3.1 has provided an important dedicated funding stream benefiting victims, witnesses and the justice system as a whole. It represents an effort to have defendants bear some of the costs their crimes impose on society.