New Jersey Section 2C:46-4 – Fines, Assessments, Penalties, Restitution; Collection; Disposition

New Jersey Section 2C:46-4 outlines the procedures for collecting and distributing fines, assessments, penalties, and restitution imposed by the courts in criminal cases. This statute covers important topics that impact both defendants and victims in the criminal justice system.

Overview of 2C:46-4

Section 2C:46-4 states that all fines, assessments, penalties and restitution imposed by the court in criminal cases shall be collected by the court administrator or probation division as appropriate[1]. The money collected shall then be remitted to the State Treasury for distribution according to the statute.

Some key points about 2C:46-4:

• Requires courts to collect all fines, assessments, penalties and restitution in criminal cases
• Establishes procedures for remitting the money to the State Treasury
• Directs how the funds will be distributed, including to victims as restitution

This statute ensures that courts follow through on imposing financial obligations, so that victims receive restitution and governments collect revenues from fines and penalties. It also aims to standardize the process statewide.

Collecting Fines, Assessments and Penalties

For most criminal cases, the court administrator is tasked with collecting all fines, assessments, penalties and restitution imposed by the court[2]. The court administrator may utilize probation officers or outside collection agencies to assist with collections.

Defendants are expected to pay these financial obligations in a timely manner, often according to a payment schedule. If a defendant falls behind on payments, the court administrator can take actions such as wage garnishment, property liens or driver’s license suspension[3].

Restitution Collection and Distribution

When restitution to a victim is ordered by the court, the probation division is responsible for collecting those payments from the defendant[4]. Once collected, the probation division must disburse restitution payments to the victim within 60 days.

Priority is given to victim restitution, so those monies are paid out first when a defendant makes payments towards their total financial obligation. This prioritization ensures victims are compensated for losses before the state collects fines or fees.

Distribution of Collected Monies

After the court administrator or probation division collects the monies owed, Section 2C:46-4 directs how the funds are distributed[5]:

• Restitution – Paid to the victim
• Penalties & Fines – Remitted to the State Treasury for general State use
• Assessments – Deposited into the Criminal Disposition and Revenue Collection Fund
• Other – Distributed in accordance with other applicable laws

This specified distribution helps route the money to the appropriate accounts, including restitution directly to victims.

Defendant Safeguards

While Section 2C:46-4 establishes procedures for rigorous collection of financial obligations, defendants’ rights are also protected:

• Ability to Pay – Courts must determine if a defendant has the ability to pay before incarceration for non-payment.
• Payment Plans – Courts may set up installment payment plans appropriate to a defendant’s means.
• Fee Waivers – Indigent defendants can apply for waivers of certain financial penalties.

These safeguards aim to avoid jailing defendants solely based on their inability to pay fines or fees. Advocates argue more reforms are needed to strengthen safeguards for indigent defendants.

Recent Reforms and Issues

In recent years, New Jersey has implemented reforms aimed at problems with excessive fines and fees in the criminal justice system:

• Ability-to-Pay Hearings – Courts are required to hold ability-to-pay hearings before jailing defendants for unpaid fines and fees. However, implementation concerns remain.
• Surcharge Reform – Surcharges imposed on defendants were reduced in 2017 legislation, but some argue they are still excessive.
• Collections Reform – A 2018 Supreme Court order required courts to offer reasonable payment plans and prohibited arrest warrants solely for unpaid fines and fees.

Ongoing issues surround collections from indigent defendants, driver’s license suspensions, excessive fines and use of jail for non-payment. Reform advocates say further changes to 2C:46-4 and statewide practices are needed to improve fairness.

Conclusion

Section 2C:46-4 provides important procedures for the collection and distribution of financial penalties in New Jersey’s criminal justice system. Recent reforms have attempted to strengthen safeguards for indigent defendants, but implementation and fairness concerns remain. Stakeholders continue working to ensure 2C:46-4 accomplishes the goals of revenue collection, victim restitution and equitable treatment of defendants.