Bill Text: NJ A4197 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for new and increased court and application fees to fund Legal Services of New Jersey and to fund the Judiciary's computerized court information systems.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-06-27 - Introduced, Referred to Assembly Judiciary Committee [A4197 Detail]
Download: New_Jersey-2010-A4197-Introduced.html
Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Provides for new and increased court and application fees to fund Legal Services of New Jersey and to fund the Judiciary's computerized court information system.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain court and application fees, revising various parts of the statutory law and supplementing Title 2C and Title 22A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.22A:2-1 is amended to read as follows:
22A:2-1. Fees of clerk of [supreme court] Supreme Court.
For services hereinafter mentioned, the Clerk of the Supreme Court shall be entitled to demand and receive the following fees:
Upon the filing or entering of the notice of appeal, notice of cross-appeal or notice of petition for certification, notice of cross-petition for certification or notice of petition for review, the appellant, cross-appellant, petitioner or cross-petitioner shall pay [$200.00] $250.
Upon the filing of the first paper in any motion, petition or application (including an order if it be the first paper), if not in a pending cause or if made after judgment entered, the moving party shall pay [$30.00] $50, or upon the filing of a first paper for a motion for leave to appeal or motions for reconsideration or to vacate a dismissal, the moving party shall pay $100, which shall cover all fees payable on such motion, petition or application down to and including filing and entering the order therein and taxation of costs.
(cf: P.L.2002, c.34, s.25)
2. N.J.S.22A:2-5 is amended to read as follows:
22A:2-5. In the Appellate Division of the Superior Court, the same fees, costs and allowances, except as provided in this subsection, shall be paid and allowed as are provided with respect to the Supreme Court by this article. Any person filing a motion in any action or proceeding in the Appellate Division shall pay to the clerk $50.
(cf: N.J.S.22A:2-5)
3. N.J.S.22A:2-6 is amended to read as follows:
22A:2-6. Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, except as otherwise provided in this subsection, the plaintiff shall pay to the clerk [$200.00] $250 for the first paper filed [by him], which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. Upon the filing or entering of the first paper or proceeding in any mass tort action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk $500 for the first paper filed. Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk [$200.00] $225 for the first paper filed [by him]. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk [$135.00] $150 for the first paper filed [by him], except that such person shall pay to the clerk $200 for the first paper filed in any mass tort action.
Any person filing a motion in any action or proceeding shall pay to the clerk [$30.00] $50.
(cf: P.L.2002, c.34, s.26)
4. N.J.S.22A:2-7 is amended to read as follows:
22A:2-7. a. Upon the filing, entering, docketing or recording of the following papers, documents or proceedings by either party to any action or proceeding in the Law Division of the Superior Court, the party or parties filing, entering, docketing or recording the same shall pay to the clerk of said court the following fees:
Filing of the first paper in any motion, petition or application, if not in a pending action or proceeding under [section] N.J.S.22A:2-6 [of this Title], or if made after dismissal or judgment entered other than withdrawal of money deposited in court, the moving party shall pay [$30.00] $50 which shall cover all fees payable on such motion, petition or application down to and including filing and entering of order therein and taxation of costs.
For withdrawal of money deposited in court [where the sum to be withdrawn is less than $100.00, no fee; where the sum is $100.00 or more but less than $1,000.00, a fee of $5.00; where such sum is $1,000.00 or more, a fee of $10.00] $50.
Entering judgment on bond and warrant by attorney and issuance of one final process, [$15.00] $35 in lieu of the fee required by [section] N.J.S.22A:2-6 [of this Title].
Entering Judgment by Confession, $35.
[Recording] Docketing or recording of judgment in the civil judgment and order docket, [$35.00] $50 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.
[Docketing judgments or orders from other courts or divisions except from the Special Civil Part, including Chancery Division judgments, $35.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section and except that no fee shall be paid by any municipal court to docket a judgment of conviction and amount of assessment, restitution, fine, penalty or fee pursuant to subsection a. of N.J.S.2C:46-1.]
Docketing or recording of judgments or orders from the Special Civil Part, [$10.00] $35 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.
Satisfaction of judgment or other lien, [$35.00] $50.
Recording assignment of judgment or release, [$5.00] $35.
Issuing of executions and recording same, [except as otherwise provided in this article, $5.00] $35.
Recording or docketing of instruments not otherwise provided for in this article, [$5.00] $35.
Filing and entering recognizance of civil bail, [$5.00] $50.
Signing and issuing subpoena, [$5.00] $35.
b. Moneys collected under the provisions of subsection a. of this section for the recording and docketing of judgments and satisfactions of judgments or other liens shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994, the moneys collected under the provisions of subsection a. shall be for use by the State.
(cf: P.L.2002, c.34, s.27)
5. N.J.S.22A:2-12 is amended to read as follows:
22A:2-12. Payment of fees in Chancery Division of Superior Court upon filing of first paper. Upon the filing of the first paper in any action or proceeding in the Chancery Division of the Superior Court, there shall be paid to the clerk of the court, for the use of the State, the following fees, which, except as hereinafter provided, shall constitute the entire fees to be collected by the clerk for the use of the State, down to the final disposition of the cause:
Receivership and partition, [$200.00] $250.
Upon the filing or entering of the first paper or proceeding in any foreclosure action or proceeding in the Chancery Division of the Superior Court, the plaintiff shall pay to the clerk $300 for the first paper filed.
All other actions and proceedings except in probate cases and actions and proceedings for divorce or dissolution of a civil union, [$200.00] $250.
All summary actions and proceedings to determine paternity, custody, parenting time or support for a child, $15.
Actions and proceedings for divorce or dissolution of a civil union, [$250.00] $275, $25.00 of which shall be forwarded by the Clerk of the Superior Court as provided in section 2 of P.L.1993, c.188 (C.52:27D-43.24a).
Any person filing a motion in any action or proceeding shall pay to the clerk [$30.00] $50, except that any person filing a post-disposition motion in any summary action or proceeding to determine paternity, custody, parenting time or support for a child shall pay to the clerk $30.
(cf: P.L. 2006, c.103, s.85)
6. Section 2 of P.L.1993, c.188 (C.52:27D-43.24a) is amended to read as follows:
2. Forwarding of filing fee. The Clerk of the Superior Court shall forward [$25.00] $25 of the [$250.00] $275 filing fee for a divorce or a dissolution of a civil union provided for in N.J.S.22A:2-12 on a quarterly basis to the Department of Community Affairs.
(cf: P.L.2006, c.103, s.86)
7. N.J.S.22A:2-13 is amended to read as follows:
22A:2-13. Each person other than the plaintiff filing an answering pleading or other answering paper in the Chancery Division of the Superior Court shall at the time of filing the first paper, pay to the clerk the sum of [$135.00] $150; which shall cover all fees payable therein except such as may be otherwise provided herein or by law or the rules of court.
(cf: P.L.2002, c.34, s.30)
8. N.J.S.22A:2-20 is amended to read as follows:
22A:2-20. The Clerk of the Supreme Court and the Clerk of the Superior Court are authorized and directed to charge the following additional fees:
For affixing the seal of the Court to any document, [$5.00] $10;
For a certified copy of any document, $15;
For an exemplification, [$5.00] $25;
The Clerk of the Superior Court is authorized and directed to charge the following additional fees:
For filing notice of appeal in any division of the Superior Court and forwarding copy to the Appellate Division or Supreme Court, [$10.00] $50;
The Clerk of the Superior Court is authorized and directed to charge the following additional fees in the Chancery Division:
For a warrant of satisfaction, [$5.00] $35;
For a master's certificate certifying his appointment, [$5.00] $15;
A minimum charge for all other papers or services by the clerk, [$5.00] $15;
Commissions on appeals accounts and deposits for security for costs--two per centum (2%) on one hundred dollars ($100.00) or less; one and one half per centum (1 1/2%) on any excess of one hundred dollars ($100.00);
Commissions on paying out
trust fund accounts (including all funds, moneys or other assets brought into
and deposited in court)--two and one half per centum (2 1/2%) on the first one
hundred dollars ($100.00); two per centum (2%) on the next nine hundred
dollars ($900.00); one and one half per centum (1 1/2%) on the excess over one
thousand dollars ($1,000.00).
(cf: P.L.1991, c.177, s.12)
9. N.J.S.22A:2-29 is amended to read as follows:
22A:2-29. Upon the filing, indexing, entering or recording of the following documents or papers in the office of the county clerk or deputy clerk of the Superior Court, such parties, filing or having the same recorded or indexed in the county clerk's office or with the deputy clerk of the Superior Court in the various counties in this State in all civil or criminal causes, shall pay the following fees in lieu of the fees heretofore provided for the filing, recording or entering of such documents or papers:
In general--
Issuing county clerk's certificate, any instrument $5.00
Comparing and making copies, per sheet. $2.00
Copies of all papers, typing and comparing of photostat, per page $2.00
Marking as a true copy, any instrument $2.00
Exemplification, any instrument $10.00
Plus $1.00 per page of instrument.
Recording or filing all instruments not herein stated. $7.50
Bonds, bail, recognizances--
Recording all official bonds with acknowledgment and
proof of the execution thereof $9.00
Filing all papers related to recognizance or civil bail [$30.00] $50
Filing discharge, attachment bond $9.00
Filing and recording filiation bond $9.00
Filing satisfaction of or order discharging filiation bond $9.00
Recording or discharging sheriff's bond $9.00
Nonbusiness corporation, recording:
Certificates of incorporation of churches, religious societies and congregations. $25.00
Amendments to certificates of incorporation of churches, religious societies and congregations, recording $25.00
Bank merger agreements, recording:
First sheet $25.00
Each additional sheet, Certificates, each $5.00
Tradenames, firms, partnerships:
Certificate of name, filing (see R.S.56:1-1 et seq.) $50.00
Certificate of dissolution of tradename (see R.S.56:1-6 et seq.) $25.00
Partnership agreement (see R.S.42:1-1 et seq.) $50.00
Building and loan or savings and loan associations:
Change of name $25.00
Dissolution $25.00
Certificates for limited-dividend housing associations, recording:
First page $20.00
Each additional page $5.00
Certificates for urban renewal associations, recording:
First page $20.00
Each additional page $5.00
Judgments, et cetera--
Recording judgments [$15.00] $35
Filing, entering and recording judgment on bond
and warrant by attorney [$37.50] $50
Certificate for docketing Superior Court transcript [$9.00] $15
Recording assignment of judgment [$15.00] $35
[Issuing transcript of judgment $7.50]
Filing or entering on the record of discharge,
cancellation, release or satisfaction of a judgment
by satisfaction piece, execution returned satisfied
or otherwise [$15.00] $35
For recording and indexing postponement of the lien
of judgment. [$20.00] $35
Filing, indexing and recording mechanic's lien claim [$9.00] $35
Recording, filing and noting on the record the
discharge, release or satisfaction of a
mechanic's lien claim [$9.00] $35
Extension of lien claim [$3.00] $15
Filing statement in mechanic's lien proceeding [$9.00] $15
Filing, recording and indexing mechanic's notice of intention [$4.50] $15
Filing a certificate discharging a mechanic's notice of intention and noting the discharge on the record thereof [$4.50] $15
Filing certificate from court of commencement of suit [$4.50] $15
Filing a court order amending a mechanic's notice of intention [$9.00] $35
Construction lien [$15.00] $35
Notice of unpaid balance, discharge [$15.00] $25
Notation $5.00
Bond [$25.00] $50
Filing a court order to discharge notice of intention and noting
the discharge on the record thereof [$15.00] $35
Filing, recording and indexing stop notice [$4.50] $15
Filing a certificate discharging a stop notice and noting the
discharge on the record thereof. [$4.50] $15
Filing a court order discharging a stop notice and noting the
discharge on the record thereof [$9.00] $35
Filing building contract [$25.00] $35
Filing discharge of building contract [$15.00] $35
Notation $5.00
Filing building specifications. [$25.00] $35
Filing building plans [$25.00] $35
Filing each notice of physician's lien [$15.00] $35
Entering upon the record the discharge of a
physician's lien [$15.00] $35
Filing each hospital lien claim [$15.00] $35
Discharge of hospital lien [$15.00]$35
Filing satisfaction or order for discharge of attachment [$15.00] $35
Recording collateral inheritance waiver or receipt [$15.00] $35
Recording inheritance tax waiver. [$15.00] $35
Subordination, release, partial release or postponement of a lien to lien of mortgage [$20.00] $35
Notation $5.00
Commissions and oaths--
Administering oaths to notaries public and commissioners of deeds $15.00
For issuing certificate of authority of notary to take proof,
acknowledgment of affidavit $5.00
For issuing each certificate of the commission and qualification of notary public for filing with other county clerks $15.00
For filing each certificate of the commission and qualification of notary public, in office of county clerk of county other than where such notary has qualified $15.00
Miscellaneous--
Filing and recording proceedings for laying out,
vacating or dedicating roads $25.00
Recording firemen's certificates. No charge.
Registering physician $25.00
Issuing of nonalcoholic beverage identification card to persons under twenty-one years of age $10.00
(cf: P.L.2004, c.108, s.3)
10. Section 14 of P.L.1991, c.177 (C.22A:2-37.1) is amended to read as follows:
14. a. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, [one defendant $15.00
Each additional defendant $ 2.00] $30
(2) Filing of complaint in tenancy, [one defendant $25.00
Each additional defendant $ 2.00] $50
(3) (a) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
exceeds the small claims monetary limit [$50.00
Each additional defendant $ 2.00] $75
(b) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
does not exceed the small claims monetary limit [$32.00
Each additional defendant $ 2.00] $50
(4) (a) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims [$15.00] $25
(b) Filing of a motion in all matters, except small claims, $25
(5) Service of Process: Fees for service of process, including: summons by mail, each defendant; summons by mail each defendant at place of business or employment with postal instructions to deliver to addressee only; reservice of summons by mail, each defendant; postage for substituted service of process by the clerk upon the Chief Administrator of the New Jersey Motor Vehicle Commission in addition to the substituted service fee provided below; and wage execution by mail to a federal agency, shall be set by the Administrative Director of the Courts. The fee for service of process shall not exceed the postal rates for ordinary and certified mail, return receipt requested, and may include an administrative fee that shall not exceed $0.25 for each defendant served with process by mail. The total service of process fee shall be rounded upward to the nearest dollar. For the purposes of this paragraph, service of process means the simultaneous mailing by ordinary and certified mail, return receipt requested, to the defendant at the address provided by the plaintiff.
Reservice of summons or other original process by
court officer, one defendant $ 3.00
plus mileage
Each additional defendant $ 2.00
plus mileage
Substituted service of process by the clerk upon
the Chief Administrator of the
New Jersey Motor Vehicle Commission $10.00
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the State for other State employees and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons [$50.00] $100
(8) Warrant for possession in tenancy [$15.00] $25
(9) Warrant to arrest, commitment
or writ of capias ad respondendum, each defendant [$15.00] $25
(10) Writ of execution or an order in
the nature of execution, writs of replevin and
attachment issued subsequent to summons [$ 5.00] $35
(11) For advertising property under execution
or any order $10.00
(12) For selling property under
execution or any order $10.00
(13) Exemplified copy of judgment
[(two pages) $5.00
each additional page $ 1.00] $25
b. (Deleted by amendment, P.L.2002, c.34).
c. (Deleted by amendment, P.L.2002, c.34).
d. (Deleted by amendment, P.L.2009, c.32).
(cf: P.L. 2009, c.32, s.1)
11. N.J.S.22A:2-27 is amended to read as follows:
22A:2-27. In cases appealed to the Law Division of the Superior Court from any inferior court or tribunal, criminal or civil, the [clerk of the division] Clerk of the Superior Court shall charge a fee of [$75.00] $100 for filing a notice of appeal, appeal papers and proceedings, including judgment in the Superior Court or order of dismissal. [The clerk shall pay this $75.00 to the treasurer of the county in which the appeal is taken for the use by the county. After December 31, 1994, this $75.00 fee shall be paid to the clerk, for use by the State.]
(cf: P.L.1993, c.275, s.12)
12. N.J.S.2C:43-13 is amended to read as follows:
2C:43-13. Supervisory Treatment Procedure. a. Agreement. The terms and duration of the supervisory treatment shall be set forth in writing, signed by the prosecutor and agreed to and signed by the participant. Payment of the assessment required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be included as a term of the agreement. If the participant is represented by counsel, defense counsel shall also sign the agreement. Each order of supervisory treatment shall be filed with the county clerk.
b. Charges. During a period of supervisory treatment the charge or charges on which the participant is undergoing supervisory treatment shall be held in an inactive status pending termination of the supervisory treatment pursuant to subsection d. or e. of this section.
c. Period of treatment. Supervisory treatment may be for such period, as determined by the designated judge or the assignment judge, not to exceed three years, provided, however, that the period of supervisory treatment may be shortened or terminated as the program director may determine with the consent of the prosecutor and the approval of the court.
d. Dismissal. Upon completion of supervisory treatment, and with the consent of the prosecutor, the complaint, indictment or accusation against the participant may be dismissed with prejudice.
e. Violation of conditions. Upon violation of the conditions of supervisory treatment, the court shall determine, after summary hearing, whether said violation warrants the participant's dismissal from the supervisory treatment program or modification of the conditions of continued participation in that or another supervisory treatment program. Upon dismissal of the participant from the supervisory treatment program, the charges against the participant may be reactivated and the prosecutor may proceed as though no supervisory treatment had been commenced.
f. Evidence. No statement or other disclosure by a participant undergoing supervisory treatment made or disclosed to the person designated to provide such supervisory treatment shall be disclosed, at any time, to the prosecutor in connection with the charge or charges against the participant, nor shall any such statement or disclosure be admitted as evidence in any civil or criminal proceeding against the participant. Nothing provided herein, however, shall prevent the person providing supervisory treatment from informing the prosecutor, or the court, upon request or otherwise as to whether or not the participant is satisfactorily responding to supervisory treatment.
g. Delay. No participant agreeing to undergo supervisory treatment shall be permitted to complain of a lack of speedy trial for any delay caused by the commencement of supervisory treatment.
A person applying for admission to a program of supervisory treatment shall pay to the court a fee of [$75.00] $100. [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, $30.00 of each application fee shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994, the $75.00 fee shall be paid to the court, for use by the State.]
(cf: P.L.1993, c.275, s.15)
13. N.J.S.2C:52-29 is amended to read as follows:
2C:52-29. Fee. Any person who files an application pursuant to this chapter shall pay to the State Treasurer a fee of [$30.00] $100 to defer administrative costs in processing an application hereunder.
(cf: P.L.1979, c.178, s.136)
14. Section 3 of P.L.1999, c.111 (C.2A:34-12.3) is amended to read as follows:
3. a. There is hereby established a mandatory education program to be known as the "Parents' Education Program."
b. The program shall be designed to assist and advise [divorced parents on issues] parents involved in a court action concerning divorce, separation, parenting time and custody. The program shall be made available twice a month. The program shall be administered by the Administrative Office of the Courts. The Assignment Judge shall appoint appropriate staff to act as a program representative or representatives, as necessary, for each county.
c. The purpose of the program shall be to promote cooperation between the parties and to assist parents in resolving issues [which may arise during the divorce or separation process] related to their children, including, but not limited to:
(1) Understanding the legal process [and cost of] related to divorce [or] , separation, custody and parenting time, including arbitration and mediation;
(2) Understanding the financial responsibilities for the children;
(3) Understanding the interaction between parent and child, the family relationship and any other areas of adjustment and concern during the legal process [of divorce or separation];
(4) Understanding how children react to [divorce or separation] changing family structures, how to [spot] identify problems, [what to tell them] how to communicate with children about divorce [or], separation, custody or parenting time, how to keep communication open and how to answer questions and concerns the children may have about the legal process, custody and parenting time;
(5) Understanding how parents can help their children cope during the legal process of divorce [or] , separation, custody and parenting time, including specific strategies, ideas, tools, and resources for assistance;
(6) Understanding how parents can help children after the [divorce or separation] legal process ends and how to deal with new family structures and different sets of rules; and
(7) Understanding that cooperation may sometimes be inappropriate in cases of domestic violence.
(cf: P.L.1999, c.111, s.3)
15. Section 5 of P.L.1999, c. 111 (C.2A:34-12.5) is amended to read as follows:
5. a. The court shall order [every person who has filed an] each parent who is a party to a court action [for divorce, nullity or separate maintenance] where [the] custody, [visitation] parenting time or support of the minor child is an issue to attend the "Parents' Education Program" established pursuant to section 3 of P.L.1999, c.111 (C.2A:34-12.3). Each [party] parent shall attend separate sessions of the program.
b. Each [party] parent shall be required to pay a fee of $25 for registration in the "Parents' Education Program" which shall be forwarded by the Clerk of the Superior Court for deposit in the "Parents' Education Program Fund" established pursuant to section 2 of P.L.1999, c.111(C.2A:34-12.2).
c. Except as provided in subsections d. and e. of this section, the court shall require [all parties who have filed] each parent who is a party to an action [for divorce, nullity or separate maintenance] where [the] custody, [visitation] parenting time or support of the minor child is an issue to complete the program prior to entry of judgment. Failure of a [party] parent to participate in the program shall be considered as a factor by the court in making any custody and [visitation] parenting time determinations.
d. The court may exempt a [party] parent from attending the program, if the court finds good cause for an exemption.
e. The court shall not refer a [party] parent to the program if a temporary or final order restraining either [party] parent from contact with the other has been issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), or if either [party] parent is restrained from contact with the other [party] parent, or a child of the other [party] parent, under the criminal or civil laws of this or any other state.
(cf: P.L.1999, c.111, s.5)
16. N.J.S.2C:45-1 is amended to read as follows:
2C:45-1. Conditions of Suspension or Probation; Supervision fee.
a. When the court suspends the imposition of sentence on a person who has been convicted of an offense or sentences him to be placed on probation, it shall attach such reasonable conditions, authorized by this section, as it deems necessary to insure that he will lead a law-abiding life or is likely to assist him to do so. These conditions may be set forth in a set of standardized conditions promulgated by the county probation department and approved by the court.
b. The court, as a condition of its order, may require the defendant:
(1) To support his dependents and meet his family responsibilities;
(2) To find and continue in gainful employment;
(3) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose;
(4) To pursue a prescribed secular course of study or vocational training;
(5) To attend or reside in a facility established for the instruction, recreation or residence of persons on probation;
(6) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
(7) Not to have in his possession any firearm or other dangerous weapon unless granted written permission;
(8) (Deleted by amendment, P.L.1991, c.329);
(9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment;
(10) To report as directed to the court or the probation officer, to permit the officer to visit his home, and to answer all reasonable inquiries by the probation officer;
(11) To pay a fine;
(12) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience;
(13) To require the performance of community-related service; and
(14) To be subject to Internet access conditions pursuant to paragraph (2) of subsection d. of this section.
In addition to any condition of probation, the court may enter an order prohibiting a defendant who is convicted of a sex offense from having any contact with the victim including, but not limited to, entering the victim's residence, place of employment or business, or school, and from harassing or stalking the victim or victim's relatives in any way, and may order other protective relief as provided in section 2 of P.L.2007, c.133 (C.2C:14-12).
c. The court, as a condition of its order, shall require the defendant to pay any assessments required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) and shall, consistent with the applicable provisions of N.J.S.2C:43-3, N.J.S.2C:43-4 and N.J.S.2C:44-2 or section 1 of P.L.1983, c.411 (C.2C:43-2.1) require the defendant to make restitution.
d. (1) In addition to any condition imposed pursuant to subsection b. or c., the court shall order a person placed on probation to pay a supervision fee[, not exceeding $25.00] of not less than $10 nor more than $25 per month for the probationary term[,] to probation services for use by the State [,except as provided in subsection g. of this section]. [This fee] If an offender absconds, the supervision fees will continue in effect until the maximum expiration date of the sentence. The supervision fee shall not be assessed on that portion of an offender's supervision that has been formally transferred to another state or jurisdiction in accordance with the rules and procedures adopted pursuant to the Interstate Compact for Adult Offender Supervision, P.L.2002, c.111 (C.2A:168-26 et seq.). In addition to the supervision fee, a person placed on probation who is required by the court or the chief probation officer to submit to periodic substance abuse testing shall pay a one time fee of $50. All fees provided for in this subsection may be waived in cases of indigency upon application by the chief probation officer to the sentencing court.
(2) In addition to any conditions imposed pursuant to subsection b. or c., the court may order a person who has been convicted or adjudicated delinquent of a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), and who is required to register as provided in subsections c. and d. of section 2 of P.L.1994, c.133 (C.2C:7-2), or who has been convicted or adjudicated delinquent for a violation of N.J.S.2C:34-3 to be subject to any of the following Internet access conditions:
(a) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court, except the person may use a computer or any other device with Internet capability in connection with that person's employment or search for employment with the prior approval of the person's probation officer;
(b) Require the person to submit to periodic unannounced examinations of the person's computer or any other device with Internet capability by a probation officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection;
(c) Require the person to submit to the installation on the person's computer or device with Internet capability, at the person's expense, one or more hardware or software systems to monitor the Internet use; and
(d) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with Internet capability.
e. When the court sentences a person who has been convicted of a crime to be placed on probation, it may require him to serve a term of imprisonment not exceeding 364 days as an additional condition of its order. When the court sentences a person convicted of a disorderly persons offense to be placed on probation, it may require him to serve a term of imprisonment not exceeding 90 days as an additional condition of its order. In imposing a term of imprisonment pursuant to this subsection, the sentencing court shall specifically place on the record the reasons which justify the sentence imposed. The term of imprisonment imposed hereunder shall be treated as part of the sentence, and in the event of a sentence of imprisonment upon the revocation of probation, the term of imprisonment served hereunder shall be credited toward service of such subsequent sentence. A term of imprisonment imposed under this section shall be governed by the "Parole Act of 1979," P.L.1979, c.441 (C.30:4-123.45 et al.).
Whenever a person is serving a term of parole as a result of a sentence of incarceration imposed as a condition of probation, supervision over that person shall be maintained pursuant to the provisions of the law governing parole. Upon termination of the period of parole supervision provided by law, the county probation department shall assume responsibility for supervision of the person under sentence of probation. Nothing contained in this section shall prevent the sentencing court from at any time proceeding under the provisions of this chapter against any person for a violation of probation.
f. The defendant shall be given a copy of the terms of his probation or suspension of sentence and any requirements imposed pursuant to this section, stated with sufficient specificity to enable him to guide himself accordingly. The defendant shall acknowledge, in writing, his receipt of these documents and his consent to their terms.
g. [Of the moneys collected under the provisions of subsection d. of this section, $15.00 of each monthly fee collected before January 1, 1995 shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275, and $10.00 of each shall be deposited into a "Community Service Supervision Fund" which shall be established by each county. The moneys in the "Community Service Supervision Fund" shall be expended only in accordance with the provisions of State law as shall be enacted to provide for expenditures from this fund for the purpose of supervising and monitoring probationers performing community service to ensure, by whatever means necessary and appropriate, that probationers are performing the community service ordered by the court and that the performance is in the manner and under the terms ordered by the court.] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2007, c.219, s.4)
17. (New section) Interstate Probation Supervision Fees.
a. A person serving a term of probation supervision who is seeking to travel outside of this State or to transfer supervision to or from another state or jurisdiction shall, in addition to any other financial obligations or conditions required by law or court order, pay the following fees to this State:
(1) A person serving a term of probation in this State applying for a permit to travel outside of this State shall pay $10 for each permit application.
(2) A person serving a term of probation in this State applying to transfer the probation supervision to another state or jurisdiction shall pay $100 for each transfer application.
(3) Upon this State's acceptance of the responsibility for supervision of a person serving a term of probation ordered by another state or jurisdiction the person shall pay not less than $10 per month nor more than $25 per month during the term of probation.
b. The fees in this section may be waived in cases of indigency upon application by the chief probation officer to the court.
18. (New section) a. There is created in the Department of the Treasury a non-lapsing, revolving fund to be known as the "Court Modernization Fund," into which the Treasurer shall deposit annually an amount equal to the revenue derived from the increase in the fees collected pursuant to sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill), and related increases provided by operation of N.J.S.22A:2-5 and section 2 of P.L.1993, c. 74 (C.22A:5-1). Interest and other income earned on moneys deposited into this fund shall be credited to the fund. Moneys in the fund shall be appropriated and distributed annually exclusively for the purposes set forth in subsection b. of this section.
b. Revenue in the "Court Modernization Fund" shall be appropriated annually as follows:
(1) Beginning on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) through the last day of the 60th month following enactment, the first $20 million of revenue collected each year shall be annually appropriated to the Judiciary to fund the development, operation and maintenance of computerized court information systems, as a supplement to other funds appropriated from any other source in a fiscal year for these purposes. An appropriation pursuant to this section shall not be used to replace appropriations from other sources for these purposes. An amount equal to $10 million of revenue shall be annually appropriated to the Department of Community Affairs for the provisions to the poor of legal assistance in civil matters by Legal Services of New Jersey pursuant to section 6 of P.L.1996, c.52 (C.22A:2-51). Any revenue collected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) in excess of the $30 million appropriated to the Judiciary and to the Department of Community Affairs for use by Legal Services of New Jersey shall be transferred to the General Fund.
(2) Beginning on the first day of the 61st month following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the first $10 million of revenue collected each year shall be annually appropriated to the Judiciary to fund the development, operation and maintenance of computerized court information systems, as a supplement to other funds appropriated from any other source in a fiscal year for these purposes. An appropriation pursuant to this section shall not be used to replace appropriations from other sources for these purposes. The next $10 million of revenue collected each year shall annually be appropriated to the Department of Community Affairs for the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey pursuant to section 6 of P.L.1996, c.52 (C.22A:2-51). Any revenue collected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) in excess of the $20 million annually appropriated to the Judiciary and to the Department of Community Affairs for use by Legal Services of New Jersey shall be transferred to the General Fund.
19. (New section) The Administrative Office of the Courts and the various Clerks of Court are authorized to accept payments for court fees and related charges by any means including, but not limited to, credit cards, debit cards, and electronic transfers, as necessary. Any administrative fees due to credit card providers for the use of their services may be deducted from the revenue generated from filing fees collected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) for payment to such providers prior to distribution of such revenue to the "Court Modernization Fund," the Department of Community Affairs for use by Legal Services of New Jersey or the General Fund.
20. N.J.S.22A:2-19, N.J.S.22A:2-25 and N.J.S.22A:2-26 are repealed.
21. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill would increase various court filing fees and create new filing fees. The bill also makes changes to certain application fees. These fee increases and new fees would be used to fund the development of a computerized court information system, sometimes referred to as E-Court, and to provide funding for Legal Services of New Jersey.
The bill would provide for increased filing fees for mass tort actions (see section 3) and foreclosure actions (see section 5).
This bill would increase the application fee for admission to supervisory treatment from $75 to $100. This fee would no longer be forwarded to counties to defray juror compensation (see section 12). In addition, the bill would increase the fee for expungement applications from $30 to $100 (see section 13). The bill would also provide for a fee for substance abuse testing for persons placed on probation (see section 16).
The bill would provide for a new fee for persons who are serving a term of probation supervision and are seeking to travel outside of this State or applying to transfer the probation supervision to another jurisdiction (see section 17). Sections 14 and 15 make certain changes to the "Parents Education Program" but do not increase a fee.
This bill, in section 18, would create a non-lapsing, revolving fund to be known as the "Court Modernization Fund," into which the Treasurer shall deposit annually an amount equal to the revenue derived from the increase in the fees. Interest and other income earned on moneys deposited into this fund would be credited to the fund. Revenue in the "Court Modernization Fund" would be appropriated annually as follows:
· Beginning on the effective date of the bill and through the last day of the 60th month following enactment, the first $20 million of revenue collected each year would be annually appropriated to the Judiciary to fund the development, operation and maintenance of computerized court information systems. An amount equal to $10 million of revenue would be annually appropriated to the Department of Community Affairs for Legal Services of New Jersey. Any revenue collected in excess of this $30 million would be transferred to the General Fund.
· Beginning on the first day of the 61st month following the effective date of the bill, the first $10 million of revenue collected each year would be annually appropriated to the Judiciary to fund the development, operation and maintenance of computerized court information systems. The next $10 million of revenue collected each year would be annually appropriated to the Department of Community Affairs for Legal Services of New Jersey. Any revenue in excess of this $20 million would be transferred to the General Fund.
The bill, in section 19, authorizes the Administrative Office of the Courts and the various Clerks of Court to accept payments for court fees and related charges by any means including but, not limited to, credit cards, debit cards, electronic transfers, as necessary. Any administrative fees due to credit card providers for the use of their services may be deducted from the revenue generated from filing fees collected pursuant to the bill for payment to such providers prior to distribution of such revenue to the newly created fund, or to the Department of Community Affairs for use by Legal Services of New Jersey or to the General Fund.
The bill repeals N.J.S.22A:2-19, N.J.S.22A:2-25 and N.J.S.22A:2-26. N.J.S.22A:2-19 concerns a fee for certified copies which is now included in N.J.S.22A:2-20. N.J.S.22A:2-25 and N.J.S.22A:2-26 provided for some filing fees and fees for motions in the Law Division of the Superior Court. These fees are now included in other sections amended by the bill
