New Jersey Section 2C:44-6.1 – Defendant liable for cost of psychological evaluation; rules, regulations.

New Jersey Law Requires Defendants to Pay for Psychological Evaluations

In New Jersey, defendants who undergo court-ordered psychological evaluations may be required to pay the costs under Section 2C:44-6.1 of the New Jersey Code of Criminal Justice. This law allows courts to order defendants to pay for evaluations conducted before sentencing.

Background of the Law

New Jersey enacted Section 2C:44-6.1 in 1997 as part of the state’s criminal code reforms. The law provides that defendants required to undergo psychological exams per Section 2C:44-6 are liable for the costs of such evaluations.

Courts may order psychological assessments on defendants when there are “reasonable grounds to believe that the defendant’s conduct was characterized by a pattern of repetitive, compulsive behavior or that the defendant is a person who is amenable to sex offender treatment.” Evaluations can provide information on the defendant’s risk of reoffending and any treatment needs.

When Evaluations Can Be Ordered

In New Jersey, judges have discretion on whether to order psychological exams. Evaluations are most commonly ordered for:

• Sex offenses – Courts often require evaluations for crimes like sexual assault, child pornography, indecent exposure, etc. This helps assess the risk of reoffending.
• Violent crimes – Evaluations may be ordered for murder, assault, domestic violence and other violent crimes. This informs sentencing and parole decisions.
• Child abuse/neglect – Evaluations can be ordered when the defendant’s children may be at risk.
• Mental competency – Exams may be required if the defendant’s mental competency to stand trial is in question.

Judges consider factors like criminal history, mental health issues, substance abuse, the current offense, victim impact and any other relevant information when deciding on ordering an evaluation.

Costs and Payment

In New Jersey, psychological evaluations typically cost $1000-$1500. However, costs can exceed $2000 for more extensive testing.

Defendants required to undergo exams are liable for the full costs under Section 2C:44-6.1. The law states evaluations shall be conducted by psychiatrists or licensed psychologists at correctional facilities or approved community settings.

Courts may establish payment plans or deferred payment schedules if the defendant cannot afford the full costs upfront. Unpaid costs may be converted to civil judgments under Section 2C:46-2. However, judges have discretion to waive or reduce costs in cases of indigence.

Consequences for Failure to Comply

If a defendant refuses to comply with a court order for a psychological exam, they may face additional charges for contempt of court under Section 2C:29-9. This can result in fines, probation or jail time. Noncompliance may also negatively impact sentencing.

However, judges cannot increase a defendant’s sentence solely for failing to pay for a court-ordered evaluation. This would violate the Bearden ruling prohibiting incarceration for poverty.

Defense Strategies

If you are ordered to undergo a psychological exam, here are some potential defense strategies:

• Request a payment plan or waiver – If you cannot afford the fees, ask the court to waive costs or establish an affordable payment schedule. Be ready to document your financial situation.
• Get a second opinion – You may retain your own expert to critique the evaluation’s methods and conclusions. This could undermine the evaluation’s credibility.
• Argue against relevance – Challenge whether the evaluation is truly needed or relevant for your case. Argue it would be costly and unnecessary.
• Comply reluctantly – Express on record your objections to the evaluation requirement. But comply to avoid contempt charges if the judge orders it.
• Appeal the order – You can appeal the court’s order requiring an evaluation. But you likely need to show clear error or abuse of discretion.

If ordered to pay for a psychological exam against your wishes, it is smart to consult closely with your criminal defense attorney on the best response.

Conclusion

New Jersey law allows courts to order defendants to pay for psychological evaluations in many criminal cases. But judges have discretion in setting payment schedules and waiving costs if defendants cannot afford them. If you are facing charges that could warrant a mental health exam, it is critical to retain experienced legal counsel to protect your rights. A skilled attorney can help craft the strongest defense against unnecessary evaluations or undue financial burdens.