Bill Text: NJ A1617 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes conditional intervention program in municipal court for certain first-time offenders.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Judiciary Committee [A1617 Detail]
Download: New_Jersey-2012-A1617-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)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Co-Sponsored by:
Assemblyman Coutinho
SYNOPSIS
Establishes conditional intervention program in municipal court for certain first-time offenders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning conditional intervention for certain first offenders in municipal courts and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Conditional intervention in municipal courts for certain first offenses; expunging of records. a. Whenever any person who has not previously been convicted of any disorderly persons or petty disorderly persons offense is charged with or convicted of any disorderly persons offense or petty disorderly persons offense, 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 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 under such reasonable terms and conditions as it may require, or as otherwise provided by law.
b. In no event shall the court require any terms or conditions under this section to exceed a period of one year. Upon violation of a term or condition 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 conditional intervention the court shall terminate the terms and conditions and dismiss the proceedings against him. Termination of conditional intervention 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 disorderly persons offense or petty disorderly persons offense but shall be reported by the clerk of the municipal court to the State Bureau of Identification criminal history record information files. Termination of conditional intervention and dismissal under this section may occur only once with respect to any person. Imposition of conditional intervention under this section 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.
c. Proceedings under this section shall not be available to any person unless the court in its discretion concludes that:
(1) The person has not participated previously in a program of conditional intervention in municipal court available pursuant to the provisions of this section; and
(2) The person has not participated previously in a program of conditional discharge available pursuant to N.J.S. 2C:36A-1 or under section 27 of P.L.1970, c.226 (C.24:21-27); and
(3) The person has not completed previously a program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey; and
(4) The terms and conditions of conditional intervention will be adequate to protect the public; and
(5) The court is satisfied that the nature of the offense; the facts of the case; the motivation and age of the defendant; and the desire of the complainant or victim to forego prosecution make it likely that the defendant would be conducive to change through his participation in conditional intervention.
d. The terms and duration of the conditional intervention shall be set forth in writing, signed by the municipal prosecutor and agreed to and signed by the participant. If the participant is represented by counsel, defense counsel shall also sign the agreement. Each order of conditional intervention shall be filed with the municipal clerk.
e. A person seeking conditional intervention pursuant to this section shall pay to the court a fee of $75. 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.
2. The Supreme Court may adopt rules concerning conditional intervention in municipal courts in accordance with the procedures set forth in section 1 of this act.
3. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill creates an alternative to sentencing for certain first-time offenders in municipal court who are charged with a disorderly persons offense or a petty disorderly persons offense.
The provisions of the bill are patterned closely on the provisions of N.J.S.A. 2C:36A-1 which permits certain first-time drug offenders to have proceedings suspended or to have no judgment of conviction entered if they complete certain drug treatment or meet other conditions imposed by the court. N.J.S.A. 2C:36A-1 is a continuation of a provision previously found in Title 24 of the Revised Statutes at N.J.S. 24:21-27.
The bill provides that a municipal judge, upon notice to the prosecutor and subject to certain findings by the judge, may suspend further proceedings and place the first-time offender under reasonable terms and conditions. Alternatively, after plea of guilty or finding of guilty, and without entering a judgment of conviction, may place the first-time offender under reasonable terms and conditions. If the offender violates a term or condition then the court may enter a judgment of conviction and proceed, or where there has been no plea of guilty or finding of guilty, resume proceedings. Upon fulfillment of the terms and conditions of conditional intervention the court terminates the program and dismisses the proceedings. Termination of conditional intervention and dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities. Termination of conditional intervention and dismissal may only be granted once to any person. A person seeking conditional intervention as established by this bill cannot have participated previously in a program of conditional discharge for drug offenses or in a program of intensive supervision for indictable offenses.
The municipal judge must find also that the terms and conditions of conditional intervention will be adequate to protect the public. Additionally the judge must find that the nature of the offense, the facts of the case, the motivation and age of the defendant, and the desire of the complainant or victim to forego prosecution make it likely that the defendant would be conducive to change through participation in conditional intervention.
The sponsor notes that persons who are charged with an indictable offense have the possible benefit of pretrial intervention pursuant to N.J.S.A. 2C:43-12 et seq. This bill provides a similar alternative for first-time offenders who are charged with lesser, non-indictable disorderly or petty disorderly persons offenses in municipal court in the hope that this type of intervention may offer a similar benefit to this offender without any criminal history who makes a mistake.
