New Jersey Section 2C:46-4.1 – Application of moneys collected; priority.

New Jersey Section 2C:46-4.1 – Application of Moneys Collected; Priority

New Jersey Section 2C:46-4.1 outlines the priority for how moneys collected from criminal fines, penalties, and assessments should be applied. This statute was enacted to ensure funds are allocated properly and victims receive restitution first when possible. Here’s an overview of the key provisions in this law:

Background

Section 2C:46-4.1 was added to New Jersey law in 1999 as part of the state’s efforts to get tough on crime and support victims’ rights. It establishes a clear hierarchy for how money collected from offenders should be distributed, with restitution to victims being the top priority.

The statute applies to money collected from any fines, assessments, or penalties imposed under Title 2C (New Jersey criminal code), as well as restitution or fines ordered under the state’s juvenile justice code. This includes things like mandatory penalties for drug offenses, anti-money laundering profiteering penalties, forensic lab fees, and more.

Priority Order for Distributions

2C:46-4.1 sets out the following priority order for money collected from offenders:

1. Victim restitution – Payments first go to cover any outstanding restitution owed to victims. This ensures victims are compensated for losses before the state receives any money.
2. Assessments – Next, money goes to required assessments like the Victim Witness Advocacy Fund assessment and the Safe Neighborhoods Services Fund assessment. These support services for victims and crime prevention programs.
3. Forensic lab fees – After victims are paid, forensic lab fees get covered next when applicable. This helps fund crime lab operations.
4. Mandatory drug penalties – Certain mandatory penalties for drug crimes come next in line.
5. Anti-money laundering penalties – Penalties imposed under the state’s anti-money laundering profiteering statute are paid next.
6. Other fines and penalties – Any remaining money then goes to pay other fines, penalties, or fees imposed on the defendant.

This hierarchy ensures victims get repaid first and programs that assist victims or address the root causes of crime get funded before the state general fund receives any money.

Key Implications

There are several important implications and details to understand about how 2C:46-4.1 works:

• It supersedes the general distribution order under 2C:46-4, which puts victim restitution third instead of first.
• The court can grant permission for anti-money laundering penalties to be paid on an installment plan if needed. But restitution still gets priority and must be paid in full first per 2C:21-27.4.
• Anti-money laundering penalties do not offset or substitute for restitution or forfeiture amounts owed per 2C:21-27.6.
• The state can prosecute collection actions against defendants who fail to pay penalties owed see 2C:21-27.6.
• Distribution of collected moneys must follow the procedures outlined in Chapter 46 of Title 2C.

Policy Rationale

The New Jersey legislature had clear policy goals in mind when enacting 2C:46-4.1. By prioritizing restitution, the state aims to:

• Ensure victims are made whole first when possible. This recognizes the harm crimes cause.
• Deter future offenses by making offenders pay back victims directly.
• Promote offender accountability and rehabilitation by requiring they right their wrongs.
• Fund programs that help victims or prevent crimes from occurring. This positively impacts communities.
• Crack down on money laundering and drug crimes via stiffer penalties. This fights organized crime.

Recent Legislative Efforts

There have been some recent legislative attempts to amend 2C:46-4.1 and related statutes:

• A194 in 1998 sought to ensure Drug Abuse Resistance Education (DARE) programs received penalty money before the state general fund. It did not pass.
• S866 in 2020 proposed prioritizing penalty money for law enforcement equipment and training. It stalled in committee.
• A4372 in 2020 tried to expand restitution eligibility and enforcement. It also stalled.

For now, the core provisions of 2C:46-4.1 remain intact and continue to govern the priority for criminal penalty distributions in New Jersey. But victims’ advocates continue lobbying for enhanced restitution procedures.

Conclusion

New Jersey Section 2C:46-4.1 provides a clear hierarchy for how moneys collected from criminal offenders should be applied. By prioritizing victim restitution, the law aims to compensate victims first while also funding programs that serve victims and prevent future crimes. While some amendments have been proposed over the years, the statute’s core purpose remains serving victims and addressing the root causes of crime through smart distribution of penalties.