New Jersey Section 2C:46-1.2 – Rules, regulations

New Jersey’s Section 2C:46-1.2 – What You Need to Know

New Jersey’s Section 2C:46-1.2 is part of the state’s criminal code that deals with rules and regulations related to the payment of fines, penalties, restitution, and other assessments. This section gives the Commissioner of the Department of Corrections the authority to create rules and regulations regarding the collection and distribution of these monetary sanctions.

I know, I know – legal mumbo jumbo can make your eyes glaze over. But as a lawyer, I think it’s important for regular folks like you and me to have a basic understanding of laws that may affect us. Stick with me here, and I’ll break down the key points in plain English so you know what’s what when it comes to Section 2C:46-1.2.

The Nitty Gritty Details

First, let’s look at exactly what the law says. Section 2C:46-1.2 states:

“The Commissioner of the Department of Corrections shall promulgate rules and regulations pursuant to the ‘Administrative Procedures Act,’ P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this chapter.”

Let’s unpack that. The law authorizes the Commissioner of the NJ Department of Corrections to create specific rules and regulations related to Chapter 46 of Title 2C. That’s the chapter that covers how fines, penalties, restitution and other monetary sanctions imposed in criminal cases will be collected and distributed[1].

So in essence, this section empowers the Commissioner to figure out the nitty gritty logistical details of how to actually carry out what Chapter 46 requires.

Why This Matters

You may be wondering why we need a law that allows the Commissioner to make more rules. Isn’t the Chapter 46 stuff enough detail?

Here’s the thing – laws passed by the legislature often lay out broad requirements without drilling down into every single procedural step[2]. That’s where regulations come in.

Regulations allow executive branch agencies like the Department of Corrections to fill in the gaps. They can craft detailed processes tailored to their operations to ensure the law’s intent becomes reality.

For example, the legislature might say fines have to be paid within 30 days of sentencing. But the logistics of how to track those payments and follow up on late ones is left to the Commissioner to figure out through regulations.

So Section 2C:46-1.2 provides the authority for DOC to handle those kinds of implementation issues for Chapter 46.

Breaking Down Key Terms

Now that we’ve covered the purpose of this law, let’s define some of the key terms:

• Commissioner of the Department of Corrections – This refers to the appointed head of the New Jersey Department of Corrections. They oversee the state’s prison system.
• Promulgate – This means to formally announce or declare a new regulation.
• Rules and regulations – These are the detailed procedures and processes created by the Commissioner under the authority granted by this section.
• Administrative Procedures Act – This is the state law that lays out requirements for how executive branch agencies must create regulations[3]. It ensures proper procedures are followed.

How the Sausage Gets Made

If you’re curious about how these DOC rules and regs actually get created, here’s a quick rundown:

First, the Commissioner identifies a need for guidance in implementing some aspect of Chapter 46. Their staff drafts up proposed regulations and publishes them in the New Jersey Register.

There is then a 60-day public comment period where anyone can weigh in on the proposals. After reviewing the feedback, the DOC can adopt the regulations, with any changes they deem appropriate.

The final regulations are published again in the Register before taking effect. This process aims to ensure transparency, accountability, and some democratic checks on executive rule-making.

What Kinds of Rules Has the DOC Made?

To give you a better idea of what these regulations under 2C:46-1.2 look like, here are a few examples:

• Procedures for collecting DNA samples from offenders to comply with the DNA Database and Databank Act[4].
• Guidelines on maintaining inmate trust fund accounts used for commissary purchases and other transactions[5].
• Rules for screening visitors to reduce contraband being brought into prisons.
• Details on various fees inmates may be charged for services like medical visits or voluntary drug testing.

As you can see, the regulations cover a wide array of logistical issues required to operate the prison system day-to-day. The legislature simply couldn’t foresee and account for every single procedure needed.

When in Doubt, Check the Rules

The next time you have a question about how some aspect of the criminal justice system works here in Jersey, it’s worth looking into whether the DOC has regulations on point.

The rules created under 2C:46-1.2 provide an intricate web of policies on topics ranging from inmate mail to compassionate leave. They offer insights into how laws get implemented on the ground.

So hopefully this breakdown gave you a better handle on how Section 2C:46-1.2 allows the DOC to fill in the details when it comes to collecting and distributing monetary sanctions. Let me know if you have any other questions!