New Jersey Section 2C:46-5 – Inapplicability of chapter to certain fines and restitutions

New Jersey Law on Fines and Restitution Has Exceptions

New Jersey statute 2C:46-5 provides that Chapter 46 of Title 2C, which covers time and method of payment and disposition of funds for fines and restitution, does not apply to certain fines and restitution. This law carves out exceptions to the general rules on criminal fines and restitution in New Jersey. Let’s take a closer look at what this law says, what fines and restitution it exempts, and the implications.

Overview of 2C:46-5

The full text of 2C:46-5 states:

“Except as expressly provided, this chapter shall not affect fines and restitutions imposed under Title 39 of the Revised Statutes or in proceedings in the Superior Court, County Court or municipal court.”

In plain English, this means that the rules in Chapter 46 on payment of fines and restitution do not impact certain fines and restitution ordered in New Jersey courts. Chapter 46 covers things like time and method of payment, disposition of collected funds, priority of claims, and installment payments. But 2C:46-5 carves out an exception for some fines and restitution.

Specifically, it exempts fines and restitution imposed under Title 39 of New Jersey’s statutes, or imposed in Superior Court, County Court, or municipal court cases. So the normal Chapter 46 rules on payment do not necessarily apply.

Fines Under Title 39

Title 39 covers New Jersey’s motor vehicle and traffic laws. So 2C:46-5 exempts motor vehicle fines from the Chapter 46 payment rules.

For example, fines for speeding, reckless driving, DUI, or other motor vehicle offenses would fall under Title 39. The fines for these offenses do not have to follow the Chapter 46 rules on time and method of payment, disposition of funds, etc.

Instead, Title 39 has its own provisions that cover payment of motor vehicle fines. The court can allow installment payments, extensions of time, and other alternatives. So motor vehicle fines have more flexibility than regular criminal fines under Chapter 46.

Restitution in Various Courts

2C:46-5 also exempts restitution imposed in Superior Court, County Court, or municipal court. So restitution ordered in cases heard in those courts does not have to follow the Chapter 46 rules.

For example, the Superior Court Law Division, Criminal Part handles indictable criminal charges. The County Courts handle disorderly persons offenses and some criminal appeals. And the municipal courts handle traffic tickets, local ordinance violations, and some disorderly persons charges.

Restitution ordered in any case in those courts would be exempt from the Chapter 46 payment rules. The sentencing judge has discretion on payment timelines, methods, etc. This allows flexibility based on the circumstances of each case.

Implications of 2C:46-5

The main effect of 2C:46-5 is to create exceptions to the rigid payment rules in Chapter 46. This has several implications:

• Judges have more discretion over motor vehicle fines and restitution in certain courts. They are not bound by Chapter 46.
• Defendants may have more flexibility in paying Title 39 fines or restitution in those courts. Installment plans or extensions are possible.
• However, there is less consistency statewide, since Chapter 46 does not apply. Payment rules can vary between courts and judges.
• Exempted fines and restitution avoid the prioritization scheme in 2C:46-4.1. So they may not be paid before other obligations.
• The exempted amounts also bypass the disposition of funds system in 2C:46-4. For example, they may not go to the state treasury’s general fund.

So in many cases, 2C:46-5 provides flexibility and judicial discretion over criminal fines and restitution. But it also creates potential inconsistencies and uncertainties compared to Chapter 46’s unified rules. Understanding this exception is important for judges, prosecutors, and defense attorneys.

Defenses Related to 2C:46-5

There are several potential defenses that defendants could raise related to the fines and restitution exempted by 2C:46-5:

• Inability to pay – Argue that the defendant is unable to pay the Title 39 fine or restitution due to financial hardship. Request an alternative payment plan.
• Excessive fine – Argue that the motor vehicle fine or restitution amount violates the 8th Amendment prohibition against excessive fines. Fines should be proportional to the offense.
• Bankruptcy discharge – If the defendant files for bankruptcy, certain fines and restitution may be eligible for discharge, unlike most criminal debts.
• Constitutional rights – Defendants could argue that setting payment terms for exempted fines/restitution without the Chapter 46 rules violates due process or equal protection rights.
• Statute of limitations – Failure to pay fines or restitution for long enough could result in expiration of the statute of limitations, precluding enforcement.

Of course, the success of any defense will depend on the specific circumstances of the case. But 2C:46-5 opens up arguments that might not exist for criminal fines and restitution under Chapter 46.

Conclusion

New Jersey’s exception for certain fines and restitution under 2C:46-5 provides more flexibility on payment options. But it also creates potential inconsistencies in how fines and restitution are handled statewide. Understanding this nuance is key for anyone involved in the New Jersey criminal justice system. With creative defenses, defendants may find opportunities to resolve fines and restitution more favorably as well.