Bill Text: NJ A2062 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires municipal court to reduce fine amounts set by municipal ordinance if violator is unable to pay.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Judiciary Committee [A2062 Detail]
Download: New_Jersey-2020-A2062-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
SYNOPSIS
Requires municipal court to reduce fine amounts set by municipal ordinance if violator is unable to pay.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning municipal fines and amending P.L.2009, c.317, R.S.40:49-5, and P.L.1950, c.210.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.317 (C.2B:12-23.1) is amended to read as follows:
1. a. Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person is indigent or a participant in a government-based income maintenance program, does not have the ability to pay a penalty in full on the date of the hearing, or has failed to pay a previously imposed penalty, the court [may] shall reduce or suspend the penalty, order the person to perform community service in lieu of the payment of a penalty[;] , or [,] order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant is indigent or a participant in a government-based income maintenance program or does not have the ability to pay, the court [may] shall:
(1) reduce the penalty, suspend the penalty, or modify the installment plan;
(2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default;
(3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment;
(4) order the person to perform community service in lieu of payment of the penalty; or
(5) impose any other alternative permitted by law in lieu of payment of the penalty.
b. For the purposes of this section, "penalty" means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2).
(cf: P.L.2013, c.255, s.1)
2. R.S.40:49-5 is amended to read as follows:
40:49-5. The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
The governing body may prescribe that for the violation of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
The governing body may prescribe that for the violation of an ordinance pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000.
The court before which any person is convicted of violating any ordinance of a municipality shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in such ordinance, however, the court may reduce the amount of a fine below the minimum penalty amount prescribed by ordinance if the court finds, pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1), that the person is indigent or a participant in a government-based income maintenance program, does not have the ability to pay the penalty in full on the date of the hearing, or has failed to pay a previously imposed penalty.
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance, however, the court may reduce the amount of the additional fine below the minimum penalty amount prescribed by ordinance if the court finds, pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1), that the person is indigent or a participant in a government-based income maintenance program, does not have the ability to pay the penalty in full on the date of the hearing, or has failed to pay a previously imposed penalty.
Any municipality which chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance may waive the additional fine by ordinance or resolution.
Any person convicted of the violation of any ordinance may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
Any municipality that chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
(cf: P.L.2005, c.269, s.1)
3. Section 2-4 of P.L.1950, c.210 (C.40:69A-29) is amended to read as follows:
2-4. Each municipality governed by an optional form of government pursuant to this act shall, subject to the provisions of this act or other general laws, have full power to:
(a) Organize and regulate its internal affairs, and to establish, alter, and abolish offices, positions and employments and to define the functions, powers and duties thereof and fix their terms, tenure and compensation;
(b) Adopt and enforce local police ordinances of all kinds and impose one or more of the following penalties: fines not exceeding $2,000 or imprisonment for any term not exceeding 90 days, or a period of community service not exceeding 90 days for the violation thereof; prescribe that for the violation of particular ordinances at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100; prescribe that for the violation of an ordinance pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000; to construct, acquire, operate or maintain any and all public improvements, projects or enterprises for any public purpose, subject to referendum requirements otherwise imposed by law, and to exercise all powers of local government in such manner as its governing body may determine;
(c) Sue and be sued, to have a corporate seal, to contract and be contracted with, to buy, sell, lease, hold and dispose of real and personal property, to appropriate and expend moneys, and to adopt, amend and repeal such ordinances and resolutions as may be required for the good government thereof;
(d) Exercise powers of condemnation, borrowing and taxation in the manner provided by general law.
The court before which any person is convicted of violating any ordinance of a municipality shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in such ordinance, however, the court may reduce the amount of a fine below the minimum penalty amount prescribed by ordinance if the court finds, pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1), that the person is indigent or a participant in a government-based income maintenance program, does not have the ability to pay the penalty in full on the date of the hearing, or has failed to pay a previously imposed penalty.
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance, however, the court may reduce the amount of the additional fine below the minimum penalty amount prescribed by ordinance if the court finds, pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1), that the person is indigent or a participant in a government-based income maintenance program, does not have the ability to pay the penalty in full on the date of the hearing, or has failed to pay a previously imposed penalty.
Any municipality which chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance may waive the additional fine by ordinance or resolution.
Any municipality that chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
(cf: P.L.2005, c.269, s.2)
4. This act shall take effect immediately.
STATEMENT
This bill would require municipal courts to take into account the ability of a defendant to pay a fine for violating a municipal ordinance before imposing a fine, and to either: reduce the amount or suspend payment of the fine, order the person to perform community service instead of paying the fine; or allow the defendant to pay the fine in installments over time.
While current law allows a court, which finds that a defendant is unable to pay a fine in full on the court date, to impose community service instead of a fine, or to allow the defendant to make installment payments over time, a municipal court is not currently authorized to reduce the amount of a fine or suspend the fine on the court date. Under current law, after a defendant has defaulted on a payment the municipal court may reduce the fine, suspend the fine, or modify the terms of a previously ordered installment plan.
This bill is based upon a recommendation set forth in the 2019 report of the New Jersey Reentry Services Commission and is consistent with findings and recommendations contained in the report of the New Jersey Supreme Court Committee on Municipal Court Operations, Fines, and Fees. According to the Reentry Services Commission report, New Jersey's excessive use of fines on defendants can be overwhelming for low-income and poor defendants, and initiatives that incorporate an individual's ability to pay in the assessment of fines will promote successful reentry of persons returning to civilian life from incarceration.
