Bill Text: NJ A1627 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes a municipal court conditional dismissal program for certain first-time offenders.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Judiciary Committee [A1627 Detail]
Download: New_Jersey-2012-A1627-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
SYNOPSIS
Establishes a municipal court conditional dismissal program for certain first-time offenders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing a conditional dismissal program in municipal court for certain offenders, amending N.J.S.2C:43-12, N.J.S.2C:36A-1, N.J.S.2C:52-6 and R.S.53:1-15 and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:36A-1 is amended to read as follows:
2C:36A-1. Conditional discharge for certain first offenses; expunging of records. a. Whenever any person who has not previously been convicted of any offense under section 20 of P.L.1970, c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense defined in chapter 35 or 36 of this title or, subsequent to the effective date of this title, under any law of the United States, this State or any other state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, and who has not previously participated in a program of supervisory treatment pursuant to N.J.S.A.2C:43-12 or a municipal court conditional dismissal program pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) is charged with or convicted of any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of this title, the court upon notice to the prosecutor and subject to subsection c. of this section, may on motion of the defendant or the court:
(1) Suspend further proceedings and with the consent of the person after reference to the State Bureau of Identification criminal history record information files, place him under supervisory treatment upon such reasonable terms and conditions as it may require; or
(2) After plea of guilty or finding of guilty, and without entering a judgment of conviction, and with the consent of the person after proper reference to the State Bureau of Identification criminal history record information files, place him on supervisory treatment upon reasonable terms and conditions as it may require, or as otherwise provided by law.
b. In no event shall the court require as a term or condition of supervisory treatment under this section, referral to any residential treatment facility for a period exceeding the maximum period of confinement prescribed by law for the offense for which the individual has been charged or convicted, nor shall any term of supervisory treatment imposed under this subsection exceed a period of three years. If a person is placed under supervisory treatment under this section after a plea of guilty or finding of guilt, the court as a term and condition of supervisory treatment shall suspend the person's driving privileges for a period to be fixed by the court at not less than six months or more than two years unless the court finds compelling circumstances warranting an exception. For the purposes of this subsection, compelling circumstances warranting an exception exist if the suspension of the person's driving privileges will result in extreme hardship and alternative means of transportation are not available. In the case of a person who at the time of placement under supervisory treatment under this section is less than 17 years of age, the period of suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the person is placed on supervisory treatment and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years.
If the driving privilege of a person is under revocation, suspension, or postponement for a violation of this title or Title 39 of the Revised Statutes at the time of the person's placement on supervisory treatment under this section, the revocation, suspension or postponement period imposed herein shall commence as of the date of the termination of the existing revocation, suspension or postponement. The court which places a person on supervisory treatment under this section shall collect and forward the person's driver's license to the New Jersey Motor Vehicle Commission and file an appropriate report with the commission in accordance with the procedure set forth in N.J.S.2C:35-16. The court shall also inform the person of the penalties for operating a motor vehicle during the period of license suspension or postponement as required in N.J.S.2C:35-16.
Upon violation of a term or condition of supervisory treatment the court may enter a judgment of conviction and proceed as otherwise provided, or where there has been no plea of guilty or finding of guilty, resume proceedings. Upon fulfillment of the terms and conditions of supervisory treatment the court shall terminate the supervisory treatment and dismiss the proceedings against him. Termination of supervisory treatment and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a crime or disorderly persons offense but shall be reported by the clerk of the court to the State Bureau of Identification criminal history record information files. Termination of supervisory treatment and dismissal under this section may occur only once with respect to any person. Imposition of supervisory treatment under this section shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under section 29 of P.L.1970, c.226 (C.24:21-29), chapter 35 or 36 of this title or any law of this State.
c. Proceedings under this section shall not be available to any defendant unless the court in its discretion concludes that:
(1) The defendant's continued presence in the community, or in a civil treatment center or program, will not pose a danger to the community; or
(2) That the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances which he may manifest; and
(3) The person has not previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), N.J.S.2C:43-12, or the provisions of this chapter.
d. A person seeking conditional discharge pursuant to this section shall pay to the court a fee of $75. The court shall forward all money collected under this subsection to the treasurer of the county in which the court is located. This money shall be used to defray the cost of juror compensation within that county. A person may apply for a waiver of this fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey. Of the moneys collected under this subsection, $30 of each fee shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994, the $75 fee shall be paid to the court, for use by the State.
(cf: P.L.2008, c.84, s.1)
2. N.J.S.2C:43-12 is amended to read as follows:
2C:43-12. Supervisory Treatment--Pretrial Intervention. a. Public policy. The purpose of sections 2C:43-12 through 2C:43-22 of this chapter is to effectuate a Statewide program of Pretrial Intervention. It is the policy of the State of New Jersey that supervisory treatment should ordinarily be limited to persons who have not previously been convicted of any criminal offense under the laws of New Jersey, or under any criminal law of the United States, or any other state when supervisory treatment would:
(1) Provide applicants, on an equal basis, with opportunities to avoid ordinary prosecution by receiving early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by an applicant, and when there is apparent causal connection between the offense charged and the rehabilitative or supervisory need, without which cause both the alleged offense and the need to prosecute might not have occurred; or
(2) Provide an alternative to prosecution for applicants who might be harmed by the imposition of criminal sanctions as presently administered, when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct; or
(3) Provide a mechanism for permitting the least burdensome form of prosecution possible for defendants charged with "victimless" offenses, other than defendants who were public officers or employees charged with offenses that involved or touched their office or employment; or
(4) Provide assistance to criminal calendars in order to focus expenditure of criminal justice resources on matters involving serious criminality and severe correctional problems; or
(5) Provide deterrence of future criminal or disorderly behavior by an applicant in a program of supervisory treatment.
b. Admission of an applicant into a program of supervisory treatment shall be measured according to the applicant's amenability to correction, responsiveness to rehabilitation and the nature of the offense. There shall be a presumption against admission into a program of supervisory treatment for a defendant who was a public officer or employee whose offense involved or touched upon his public office or employment.
c. The decision and reasons therefor made by the designated judges (or assignment judges), prosecutors and program directors in granting or denying applications for supervisory treatment, in recommending and ordering termination from the program or dismissal of charges, in all cases shall be reduced to writing and disclosed to the applicant.
d. If an applicant desires to challenge the decision of the prosecutor or program director not to recommend enrollment in a program of supervisory treatment the proceedings prescribed under section 14 shall be followed.
e. Referral. At any time prior to trial but after the filing of a criminal complaint, or the filing of an accusation or the return of an indictment, with the consent of the prosecutor and upon written recommendation of the program director, the assignment judge or a judge designated by him may postpone all further proceedings against an applicant and refer said applicant to a program of supervisory treatment approved by the Supreme Court. Prosecutors and program directors shall consider in formulating their recommendation of an applicant's participation in a supervisory treatment program, among others, the following criteria:
(1) The nature of the offense;
(2) The facts of the case;
(3) The motivation and age of the defendant;
(4) The desire of the complainant or victim to forego prosecution;
(5) The existence of personal problems and character traits which may be related to the applicant's crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment;
(6) The likelihood that the applicant's crime is related to a condition or situation that would be conducive to change through his participation in supervisory treatment;
(7) The needs and interests of the victim and society;
(8) The extent to which the applicant's crime constitutes part of a continuing pattern of anti-social behavior;
(9) The applicant's record of criminal and penal violations and the extent to which he may present a substantial danger to others;
(10) Whether or not the crime is of an assaultive or violent nature, whether in the criminal act itself or in the possible injurious consequences of such behavior;
(11) Consideration of whether or not prosecution would exacerbate the social problem that led to the applicant's criminal act;
(12) The history of the use of physical violence toward others;
(13) Any involvement of the applicant with organized crime;
(14) Whether or not the crime is of such a nature that the value of supervisory treatment would be outweighed by the public need for prosecution;
(15) Whether or not the applicant's involvement with other people in the crime charged or in other crime is such that the interest of the State would be best served by processing his case through traditional criminal justice system procedures;
(16) Whether or not the applicant's participation in pretrial intervention will adversely affect the prosecution of codefendants; and
(17) Whether or not the harm done to society by abandoning criminal prosecution would outweigh the benefits to society from channeling an offender into a supervisory treatment program.
f. Review of Supervisory Treatment Applications; Procedure Upon Denial. Each applicant for supervisory treatment shall be entitled to full and fair consideration of his application. If an application is denied, the program director or the prosecutor shall precisely state his findings and conclusion which shall include the facts upon which the application is based and the reasons offered for the denial. If the applicant desires to challenge the decision of a program director not to recommend, or of a prosecutor not to consent to, enrollment into a supervisory treatment program, a motion shall be filed before the designated judge (or assignment judge) authorized pursuant to the rules of court to enter orders.
g. Limitations. Supervisory treatment may occur only once with respect to any defendant and any person who has previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), shall not be eligible for supervisory treatment under this section. However, supervisory treatment, as provided herein, shall be available to a defendant irrespective of whether the defendant contests his guilt of the charge or charges against him. Any person who has previously been granted a conditional dismissal pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) or a conditional discharge pursuant to N.J.S.2C:36A-1 shall not be eligible for supervisory treatment under this section for a period of five years following the entry of an order of dismissal.
h. Termination. Termination of supervisory treatment under this section shall be immediately reported to the assignment judge of the county who shall forward such information to the Administrative Director of the Courts.
i. Appointment of Program Directors; Authorized Referrals. Programs of supervisory treatment and appointment of the program directors require approval by the Supreme Court with the consent of the assignment judge and prosecutor. Referrals of participants from supervisory treatment programs may be to any public or private office or agency, including but not limited to, programs within the probation service of the court, offering counseling or any other social service likely to aid in the rehabilitation of the participant and to deter the commission of other offenses.
j. Health Care Professional Licensing Board Notification. The program director shall promptly notify the State Board of Medical Examiners when a State licensed physician or podiatrist has been enrolled in a supervisory treatment program after he has been charged with an offense involving drugs or alcohol.
(cf: P.L.2007, c.49, s.9)
3. N.J.S.2C:52-6 is amended to read as follows:
2C:52-6. Arrests not resulting in conviction.
a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.
b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, s. 27 (C. 24:21-27) or pursuant to a program of supervisory treatment or a municipal court conditional dismissal program pursuant to P.L. , c. (C. )(pending before the Legislature as this bill), shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.
c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.
(cf: N.J.S.2C:52-6)
4. R.S.53:1-15 is amended to read as follows:
53:1-15. a. The sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall, immediately upon the arrest of any person for an indictable offense, or for any of the grounds specified in paragraph (1), (2), (3) or (4) of subsection a. of section 5 of P.L.1991, c.261 (C.2C:25-21) or of any person believed to be wanted for an indictable offense, or believed to be an habitual criminal, or within a reasonable time after the filing of a complaint by a law enforcement officer charging any person with an indictable offense, or upon the arrest of any person for shoplifting, pursuant to N.J.S.2C:20-11, or upon the arrest of any person for prostitution, pursuant to N.J.S.2C:34-1, or the conviction of any other person charged with a nonindictable offense, where the identity of the person charged is in question, take the fingerprints of such person, according to the fingerprint system of identification established by the Superintendent of State Police and on the forms prescribed, and forward without delay two copies or more of the same, together with photographs and such other descriptions as may be required and with a history of the offense committed, to the State Bureau of Identification.
Such sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall also take the fingerprints, descriptions and such other information as may be required of unknown dead persons and as required by section 2 of P.L.1982, c.79 (C.2A:4A-61) of juveniles adjudicated delinquent and shall forward same to the State Bureau of Identification.
b. (1) Any person charged in a complaint filed by a law enforcement officer with an indictable offense, who has not been arrested, or any person charged in an indictment, who has not been arrested, or any person convicted of assault or harassment constituting domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), or any person against whom a final order has been entered in any domestic violence matter pursuant to the provisions of section 13 of P.L.1991, c.261 (C.2C:25-29) shall submit himself to the identification procedures provided herein either on the date of any court appearance or upon written request of the appropriate law enforcement agency within a reasonable time after the filing of the complaint.
(2) Any person applying for participation in the municipal court conditional dismissal program pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) shall submit himself to the identification procedures provided in this section as a condition of admission into the program. However, an applicant shall not be required to submit to a second or subsequent identification procedure required by the program if he has previously done so.
c. Any person who refuses to submit to such identification procedures shall be a disorderly person.
(cf: P.L.1999, c.288, s.1)
5. (New section) a. Eligibility and Application. Except as provided in subsection b. of this section, a defendant charged with a petty disorderly persons offense or disorderly persons offense, may, after a plea of guilty or a finding of guilty, but prior to the entry of a judgment of conviction, apply to the municipal prosecutor for the conditional dismissal of that offense; provided that the defendant has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state and the defendant has not previously participated in conditional discharge under section 3 of P.L. 1987, c.106 (C.2C:36A-1), municipal court conditional dismissal program under P.L. , c. (C. )(pending before the Legislature as this bill), or supervisory treatment under P.L.1978, c.95 (C.2C:43-12). As a condition of such application, the defendant shall agree to submit to the fingerprint identification procedures as provided in P.L. 1952, c.93 (C.53:1-15) after the court enters an order authorizing participation in the conditional dismissal program.
b. A defendant shall not be eligible for participation in the municipal court conditional dismissal program if the offense for which the person is charged involved: (1) organized criminal or gang activity; (2) a continuing criminal business or enterprise; (3) a breach of the public trust by a public officer or employee whose offense involved or touched upon his public office or employment; (4) a disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C; (5) domestic violence as defined by subsection a. of section 3 of P.L. 1991, c.261 (C.2C:25-19); or (6) animal cruelty as provided in N.J.S.A. 4:22-15 et seq. In addition, a defendant charged with a petty disorderly persons or a disorderly persons offense that is the result of a plea agreement related to an indictable offense shall not be eligible for the municipal court conditional dismissal program.
6. (New section) Consideration of Application for Municipal Court Conditional Dismissal Program. In considering an application for the municipal court conditional dismissal program, the municipal prosecutor shall take into account the eligibility criteria of this section as well as the circumstances of the defendant and the offense, including, but not limited to:
a. the nature of the offense;
b. the facts surrounding the commission of the offense;
c. the motivation and age of the defendant;
d. the desire of the complainant or victim to forego prosecution;
e. the needs and interests of the victim and the community;
f. the extent to which the defendant's offense constitutes part of a continuing pattern of anti-social behavior;
g. whether the offense is of an assaultive or violent nature, whether in the act itself or in the possible injurious consequences of such behavior;
h. the defendant's history of the use of physical violence toward others; and
i. whether the applicant's participation will adversely affect the prosecution of codefendants.
7. (New section) Municipal Court Conditional Dismissal Program Application Fee, Restitution and Other assessments. As a condition of an application for the municipal court conditional dismissal program, the defendant shall agree to pay any fine, restitution, costs, and other assessments that would have been imposed for a conviction of the offense charged. In addition, the defendant shall agree to pay the municipal court conditional dismissal application fee of $150 which, upon collection, shall be distributed to the treasurer of the municipality in which the municipal court is located, except that $75 of the application fee shall be deposited into the "Conditional Dismissal Fund" created pursuant to section 15 of P.L. , c. (C. )(pending before the Legislature as this bill) to offset the cost of the probation intake and monitoring services related to the defendant's participation in the municipal court conditional dismissal program.
The municipal court may order that the payment of the $150 application fee be made in installments for a period to be determined by the court.
8. (New section) Court Approval of Defendant's Participation in Conditional Dismissal Program. The municipal prosecutor shall present to the municipal court his recommendation regarding the defendant's participation in the municipal court conditional dismissal program along with a statement regarding the defendant's eligibility pursuant to P.L. , c. (C. )(pending before the Legislature as this bill). If, upon reviewing the municipal prosecutor's recommendation and the defendant's eligibility status, the court finds that the participation in the municipal court conditional dismissal program is appropriate, it may, without entering a judgment of conviction, and with the consent of the defendant, after proper reference to the State Bureau of Identification criminal history record information files, approve the defendant's participation in the municipal court conditional dismissal program and place the person under a probation monitoring status for a period of one year. The court may also impose any financial obligations and fingerprinting requirements in accordance with this section.
9. (New section) Fingerprint Identification. Upon the municipal court's approval of the defendant's participation in the municipal court conditional dismissal program, the municipal prosecutor shall ensure that the defendant submits to the fingerprint identification procedures as provided in P.L. 1952, c.93 (C.53:1-15). However, an applicant shall not be required to submit to a second or subsequent identification procedure if he has previously done so.
10. (New section) Violation of Terms Prior To Dismissal. The court may enter a judgment of conviction pursuant to the defendant's plea of guilty or finding of guilty if a defendant, while participating in the conditional dismissal program pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) is convicted of any offense or crime under any law of the United States, this State or any other state, fails to submit to the fingerprint identification procedures required by P.L. , c. (C. )(pending before the Legislature as this bill), or otherwise fails to comply with the terms and conditions imposed by the court.
11. (New section) Extension of Conditional Dismissal Term. A defendant may apply to the municipal court for an extension of the conditional dismissal term to allow sufficient time to pay financial obligations imposed by the municipal court pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).
12. (New section) Dismissal. If, at the end of the term of the municipal court conditional dismissal program, the defendant has not been charged with or convicted of any subsequent petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state and the defendant has submitted to fingerprint identification procedures and complied with any other terms and conditions imposed by the municipal court, the court may terminate the defendant's participation in the municipal court conditional dismissal program and dismiss the complaint against the defendant.
13. (New section) Effect of Dismissal. The conditional dismissal of petty disorderly persons or disorderly persons offenses granted pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a disorderly persons offense but shall be reported to the State Bureau of Identification criminal history record information files. A conditional dismissal granted pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State.
14. (New section) Limitation. A conditional dismissal pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be granted only once with respect to any defendant.
15. (New section) There is hereby established in the General Fund a dedicated fund known as the "Conditional Dismissal Fund," which shall be administered by the Administrative Office of the Courts. The fund shall be the depository of moneys from the $75 municipal court conditional dismissal program application fee imposed pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) to be used to offset to the cost to the State for intake and monitoring services for defendants diverted from municipal court prosecution for petty disorderly persons and disorderly persons offenses under a program of conditional discharge pursuant to section 3 of P.L. 1987, c.106 (C.2C:36A-1) or a conditional dismissal program pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
16. This act shall take effect on the first day of the six month after enactment, and shall apply only to persons charged with disorderly persons and petty disorderly offenses on or after the effective date.
STATEMENT
This bill establishes the municipal conditional dismissal program for certain first time offenders charged with disorderly persons offenses and petty disorderly persons offenses.
Eligibility. Under the bill, a defendant charged in municipal court with a petty disorderly persons offense or disorderly persons offense may, after a plea of guilty or a finding of guilty but prior to the entry of a judgment of conviction, apply to the municipal prosecutor for the conditional dismissal of that offense. The bill provides that certain defendants would be ineligible for admission to the program: (1) those defendants who have been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state; (2) those defendants who have previously participated in conditional discharge pursuant to N.J.S.A.2C:36A-1; (3) those defendants who have previously participated in a municipal court conditional dismissal program; and (4) those defendants who has participated in pretrial intervention program pursuant to N.J.S.A.2C:43-12.
In addition, the bill provides that a defendant would not be eligible for participation in the program if the offense for which he was charged involved: organized criminal or gang activity; a continuing criminal business or enterprise; a breach of the public trust by a public officer or employee whose offense involved or touched upon his public office or employment; a disorderly persons offense or petty disorderly persons offense involving drugs; a domestic violence offense; or animal cruelty.
Also, a defendant charged with a petty disorderly persons or a disorderly persons offense that is the result of a plea agreement related to an indictable offense shall not be eligible for conditional dismissal.
Fingerprinting. The bill requires a defendant agree to submit to the fingerprint identification procedures after the court enters an order authorizing participation in the conditional dismissal program.
Admission Criteria. The bill enumerates certain criteria to be taken into consideration by the municipal prosecutor when considering an application for admission into the program which include, but are not limited to: (a) the nature of the offense; (b) the facts surrounding the commission of the offense; (c) the motivation and age of the defendant; (d) the desire of the complainant or victim to forego prosecution; (e) the needs and interests of the victim and the community; (f) the extent to which the defendant's offense constitutes part of a continuing pattern of anti-social behavior; (g) whether the offense is of an assaultive or violent nature, whether in the act itself or in the possible injurious consequences of such behavior; (h) the defendant's history of the use of physical violence toward others; and (i) whether the applicant's participation will adversely affect the prosecution of codefendants.
Application Fee; fines and assessments.. Under the provision of the bill, the application fee for admission into the program would be $150 which, upon collection, would be distributed to the treasurer of the municipality in which the court is located. However, a portion of that fee, $75, would be deposited into a newly created fund, the "Conditional Dismissal Fund," to offset the cost of the probation intake and monitoring services related to the defendant's participation in the conditional dismissal program.
In addition, the bill provides that as a condition of an application for admission into the program, the defendant must agree to pay any fine, restitution, costs, and other assessments that would have been imposed for a conviction of the offense charged.
The bill also authorizes the municipal court to allow for the payment of the $150 application fee to be made in installments for a period to be determined by the court.
Court Approval. The bill requires the municipal prosecutor to present to the municipal court his recommendation regarding the defendant's participation in the municipal court conditional dismissal program along with a statement regarding the defendant's eligibility pursuant to P.L. , c. (C. )(pending before the Legislature as this bill). If, upon reviewing the municipal prosecutor's recommendation and the defendant's eligibility status, the court finds that the participation in the municipal court conditional dismissal program is appropriate, it may, without entering a judgment of conviction, and with the consent of the defendant, after proper reference to the State Bureau of Identification criminal history record information files, approve the defendant's participation in the conditional dismissal program and place the person under a probation monitoring status for a period of one year. The court may also impose any financial obligations and fingerprinting requirements in accordance with this section.
Fingerprinting. The bill requires that upon the court's approval of the defendant's participation in the municipal court conditional dismissal program, the municipal prosecutor shall ensure that the defendant submits to the fingerprint identification procedures as provided N.J.S.A.53:1-15. However, an applicant would not be required to submit to a second or subsequent identification procedure if he has previously done so.
Violation of Terms Prior To Dismissal. The bill provides that the court may enter a judgment of conviction pursuant to the defendant's plea of guilty or finding of guilty if the defendant, while participating in the municipal court conditional dismissal program, is convicted of any offense or crime under any law of the United States, this State or any other state. The court may also enter a judgment of conviction if the defendant fails to submit to the fingerprint identification procedures required under the bill or otherwise fails to comply with the terms and conditions imposed by the court.
Extension of Conditional Dismissal Term. The bill provides that a defendant may apply to the municipal court for an extension of the municipal court conditional dismissal program term to allow sufficient time to pay financial obligations imposed by the municipal court.
Dismissal of complaint upon completion of the program. The bill provides that, if at the end of the term of the municipal court conditional dismissal program the defendant has not been charged with or convicted of any subsequent offense or crime and he has complied with the terms and conditions of the program, the court may terminate the defendant's participation in the municipal court conditional dismissal program and dismiss the complaint against the defendant.
The bill provides that a conditional dismissal of an offense granted pursuant to the bill's provisions would not be deemed a conviction but would be reported to the State Bureau of Identification criminal history record information files. In addition, a conditional dismissal under the program would not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State.
Limitation. The bill provides that a conditional dismissal would be granted only once with respect to any defendant.
Conditional Dismissal Fund. The bill establishes in the General Fund a dedicated fund to be known as the "Conditional Dismissal Fund." This fund would be administered by the Administrative Office of the Courts. The fund would be the depository of that portion of the application fee, $75, which will be used to offset to the cost of probation intake and monitoring services.
