New Jersey Section 2C:43-3.7 – Surcharge for certain sexual offenders to fund grants, programs, certain.

New Jersey Law Requires $100 Surcharge for Certain Sex Offenders

A little-known New Jersey law requires certain convicted sex offenders to pay a $100 surcharge that goes toward funding grants and programs for victims. Specifically, Section 2C:43-3.7 of New Jersey’s criminal code states that anyone convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, criminal sexual contact, felony murder if the underlying crime was sexual assault, or an attempt to commit any of those offenses must pay the $100 surcharge.

Background on the Surcharge Law

The New Jersey Legislature first enacted this law in 1994. Their goal was to establish a steady funding stream for grants and programs that assist victims of sexual violence.

At the time, victim services relied heavily on fluctuating federal grant funding. This surcharge was meant to supplement federal grants with a stable state funding source. The money goes to New Jersey’s Department of Community Affairs, which then distributes grants to organizations that aid survivors.

The surcharge applies to convictions under 2C:14-2 (aggravated sexual assault), 2C:14-3 (sexual assault), 2C:14-3a (aggravated criminal sexual contact), 2C:13-1 (kidnapping), 2C:14-3b (criminal sexual contact), and 2C:11-3a(3) (felony murder if the underlying felony was sexual assault). It also applies to attempts to commit those crimes.

The Surcharge Process

The process for collecting and distributing the surcharge money is straightforward:

• When an eligible defendant is convicted, the court orders them to pay the $100 surcharge on top of any other fines or penalties.
• The defendant pays the surcharge to the Treasurer of New Jersey.
• The Treasurer’s office then transfers the money to the Department of Community Affairs (DCA).
• The DCA uses the surcharge funds to award grants to nonprofit groups and agencies that assist survivors of sexual violence.

How the Money is Used

The surcharge revenue supports a wide array of programs and services for sexual assault victims across New Jersey.

For example, DCA grants help fund:

• Counseling and therapy
• Support groups
• Legal advocacy
• Forensic nurse examiner programs
• Prevention education
• Shelters and safe houses
• Hotlines and helplines

These grants allow local organizations to provide critical services to victims and their families. The surcharge money supplements other funding sources to keep these programs running statewide.

Ongoing Need for Services

While the surcharge was enacted in 1994, the programs it supports are as vital as ever.

Statistics show that someone is sexually assaulted every 7 minutes in New Jersey. Yet sexual violence remains an underreported crime – approximately 80% of victims do not report to law enforcement.

With so many survivors in need, New Jersey’s network of support services relies heavily on funding sources like the sexual offender surcharge. The grants enable groups to hire counselors, maintain hotlines, and provide free services to victims who otherwise couldn’t afford them.

The Surcharge in Action

To see the surcharge at work, consider NJCASA – the New Jersey Coalition Against Sexual Assault. This statewide organization supports rape crisis centers, advocates for survivors, and promotes education on sexual violence.

NJCASA is one of many groups that receives grant funding from the surcharge revenue. Those grants allow NJCASA to operate a 24/7 hotline, train hospital staff on assisting survivors, and push for policy reforms that will better serve victims.

So while defendants may resent paying the $100, the surcharge ultimately helps thousands of New Jersey residents recover from the trauma of sexual assault.

Conclusion

New Jersey’s sexual offender surcharge is an innovative way to provide stable funding for victims’ services. The grants supported by this surcharge allow vital programs to survive year after year.

While the surcharge isn’t a perfect solution, it has made a real difference for survivors in the decades since the law passed. The revenue from convicted offenders helps victims heal, recover, and seek justice – outcomes that serve the entire community.