Bill Text: NJ S2615 | 2018-2019 | Regular Session | Introduced


Bill Title: Establishes assessment on criminal offenders for "School Safety and Security Fund."

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-05-31 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2615 Detail]

Download: New_Jersey-2018-S2615-Introduced.html

SENATE, No. 2615

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 31, 2018

 


 

Sponsored by:

Senator  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Establishes assessment on criminal offenders for "School Safety and Security Fund."

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning criminal assessments for school safety and security, supplementing Title 2C of the New Jersey Statutes, and amending  P.L.1979, c.396 and P.L.1991, c.329.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)  a.  In addition to any disposition made pursuant to the provisions of Title 2C of the New Jersey Statutes, any person convicted of a crime shall pay an assessment of $10 for each crime for which the person was convicted.  Any person who is placed in supervisory treatment pursuant to N.J.S.2C:43-12 shall pay an assessment of $10 for each crime for which the person was charged.

     b.    (1) All assessments provided for in this section shall be collected as provided for the collection of fines, assessments, penalties, and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be forwarded to the State Department of Education for deposit in a separate, nonlapsing fund to be known as the "School Safety and Security Fund."  The fund shall be administered by the Department of Education. 

     (2)   The monies in this fund shall be used for the development, implementation, and updating of primary and secondary school emergency operations plans related to both natural and manmade disasters and other emergencies, safety and security equipment on and in school buildings, facilities, vehicles, and property, and safety and security training for full-time, part-time, and volunteer school staff. 

     (3)   (a) Any primary or secondary school district may make an application to the Commissioner of Education, in a manner as determined by the commissioner by regulation, to receive monies from the fund.  The commissioner shall make determinations on each application, which may be accepted, modified, or rejected by the commissioner, based upon a district's proposal, current safety and security measures relative to that proposal, and the availability of monies from the fund and other sources to complete the proposal.

     (b)   The commissioner shall accept and review applications from school districts for monies from the fund, and shall distribute these monies, periodically throughout the year based on a schedule determined by the commissioner by regulation.

 

     2.    Section 3 of P.L.1979, c.396 (C.2C:46-4) is amended to read as follows:

     3.    a.  All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) and restitution shall be collected as follows:

     (1)   All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) and restitution imposed by the Superior Court or otherwise imposed at the county level, shall be collected by the county probation division except when such fine, assessment or restitution is imposed in conjunction with a custodial sentence to a State correctional facility or in conjunction with a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) in which event such fine, assessment or restitution shall be collected by the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).  An adult prisoner of a State correctional institution or a juvenile serving a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) who has not paid an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), a penalty imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), a penalty imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) or restitution shall have the assessment, penalty, fine or restitution deducted from any income the inmate receives as a result of labor performed at the institution or on any type of work release program or, pursuant to regulations promulgated by the Commissioner of the Department of Corrections or the Juvenile Justice Commission, from any personal account established in the institution for the benefit of the inmate.

     (a)   A payment of restitution collected by the Department of Corrections pursuant to this paragraph shall be maintained by the department for two years during which the department shall attempt to locate the victim to whom the restitution is owed.  If the department has not located the victim and the victim has not come forward to claim the payment within this two-year period, the payment shall be transferred to the Victims of Crime Compensation Office Account to be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).

     (b)   If the Department of Corrections has transferred a payment of restitution to the Victims of Crime Compensation Office pursuant to subparagraph (a) of this paragraph, the department shall provide the office with the order for restitution and any other information regarding the identity of the victim to whom the payment is owed.  The office shall be responsible for maintaining this information and for distributing payments of restitution to victims who can prove they are owed the payments.

     (2)   All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) and restitution imposed by a municipal court shall be collected by the municipal court administrator except if such fine, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or restitution is ordered as a condition of probation in which event it shall be collected by the county probation division.

     b.    Except as provided in subsection c. with respect to fines imposed on appeals following convictions in municipal courts and except as provided in subsection i. with respect to restitution imposed under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.), all fines imposed by the Superior Court or otherwise imposed at the county level, shall be paid over by the officer entitled to collect same to:

     (1)   The county treasurer with respect to fines imposed on defendants who are sentenced to and serve a custodial term, including a term as a condition of probation, in the county jail, workhouse or penitentiary except where such county sentence is served concurrently with a sentence to a State institution; or

     (2)   The State Treasurer with respect to all other fines.

     c.     All fines imposed by municipal courts, except a central municipal court established pursuant to N.J.S.2B:12-1 on defendants convicted of crimes, disorderly persons offenses and petty disorderly persons offenses, and all fines imposed following conviction on appeal therefrom, and all forfeitures of bail shall be paid over by the officer entitled to collect same to the treasury of the municipality wherein the municipal court is located.

     In the case of an intermunicipal court, fines shall be paid into the municipal treasury of the municipality in which the offense was committed, and costs, fees, and forfeitures of bail shall be apportioned among the several municipalities to which the court's jurisdiction extends according to the ratios of the municipalities' contributions to the total expense of maintaining the court.

     In the case of a central municipal court, established by a county pursuant to N.J.S.2B:12-1, all costs, fines, fees and forfeitures of bail shall be paid into the county treasury of the county where the central municipal court is located.

     d.    All assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be forwarded and deposited as provided in that section.

     e.     All mandatory Drug Enforcement and Demand Reduction penalties imposed pursuant to N.J.S.2C:35-15 shall be forwarded and deposited as provided for in that section.

     f.     All forensic laboratory fees assessed pursuant to N.J.S.2C:35-20 shall be forwarded and deposited as provided for in that section.

     g.    All restitution ordered to be paid to the Victims of Crime Compensation Office pursuant to N.J.S.2C:44-2 shall be forwarded to the office for deposit in the Victims of Crime Compensation Office Account.

     h.    All assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2) shall be forwarded and deposited as provided in that section.

     i.     All restitution imposed on defendants under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.) for costs incurred by a law enforcement entity in extraditing the defendant from another jurisdiction shall be paid over by the officer entitled to collect same to the law enforcement entities which participated in the extradition of the defendant.

     j.     All penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) shall be forwarded and deposited as provided in that section.

     k.    All penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6) shall be forwarded and deposited as provided in that section.

     l.     All mandatory penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) shall be forwarded and deposited as provided in that section.

     m.   All mandatory Computer Crime Prevention penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8) shall be forwarded and deposited as provided in that section.

     n.    All mandatory Sex Offender Supervision penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) shall be forwarded and deposited as provided in that section.

     o.    All assessments imposed for school safety and security funding pursuant to section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall be forwarded and deposited as provided in that section.

(cf: P.L.2015, c.55, s.1)

 

     3.    Section 13 of P.L.1991, c.329 (C.2C:46-4.1) is amended to read as follows:

     13.  Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), shall be applied in the following order:

     a.     first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);

     b.    second, except as provided in subsection f. of this section, in satisfaction of any restitution ordered;

     c.     third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);

     d.    fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;

     e.     fifth, in satisfaction of any mandatory Drug Enforcement and Demand Reduction penalty assessed pursuant to N.J.S.2C:35-15;

     f.     sixth, in satisfaction of any anti-drug profiteering penalty imposed pursuant to N.J.S.2C:35A-1 et seq.;

     g.    seventh, in satisfaction of any anti-money laundering profiteering penalty imposed pursuant to section 9 of P.L.1999, c.25 (C.2C:21-27.2);

     h.    eighth, in satisfaction of restitution for any extradition costs imposed pursuant to section 4 of P.L.1997, c.253 (C.2C:43-3.4);

     i.     ninth, in satisfaction of any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5);

     j.     tenth, in satisfaction of any penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6);

     k.    eleventh, in satisfaction of the mandatory penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10);

     l.     twelfth, in satisfaction of any mandatory Computer Crime Prevention penalty assessed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8);

     m.   thirteenth, in satisfaction of any mandatory Sex Offender Supervision penalty assessed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97); [and]

     n.    fourteenth, in satisfaction of all assessments imposed for school safety and security funding pursuant to section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill); and

     o.    in satisfaction of any fine.

(cf: P.L.2013, c.214, s.6)

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes a new assessment on criminal offenders to assist in funding school safety and security in this State.

     Specifically, any person convicted of a crime would pay an assessment of $10 for each crime for which the person was convicted.  Any person who was placed in supervisory treatment pursuant to N.J.S.2C:43-12 would also pay an assessment of $10 for each crime for which the person was charged.  This assessment would be in addition to any other disposition made pursuant to the provisions of Title 2C of the New Jersey Statutes.

     All assessments provided for in the bill would be forwarded to the State Department of Education for deposit in a separate, nonlapsing fund to be known as the "School Safety and Security Fund."  The monies in this fund would be used for the development, implementation, and updating of primary and secondary school emergency operations plans related to both natural and manmade disasters and other emergencies, safety and security equipment on and in school buildings, facilities, vehicles, and property, and safety and security training for full-time, part-time, and volunteer school staff.

     The bill allows any primary or secondary school district to make an application to the Commissioner of Education, in a manner as determined by the commissioner by regulation, to receive monies from the fund.  The commissioner will make determinations on each application, which may be accepted, modified, or rejected by the commissioner, based upon a district's proposal, current safety and security measures relative to that proposal, and the availability of monies from the fund and other sources to complete the proposal.

     The bill directs the commissioner to accept and review applications from school districts for monies from the fund, and distribute these monies, periodically throughout the year based on a schedule determined by the commissioner by regulation.

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