Bill Text: NJ S1699 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires conditionally discharged drug dependent persons to undergo assessment and drug treatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-11 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1699 Detail]
Download: New_Jersey-2010-S1699-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS
Requires conditionally discharged drug dependent persons to undergo assessment and drug treatment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mandatory drug treatment for certain drug dependent persons and amending N.J.S.2C:36A-1.
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, 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.
Prior to placing the person on supervisory treatment pursuant to paragraph (1) or paragraph (2) of this subsection, the court shall require the person to undergo a professional diagnostic assessment to determine whether and to what extent the person is drug dependent and would benefit from treatment. The court shall, in addition to any other terms and conditions which the court may require pursuant to this section, place the person on supervisory treatment for drug dependent persons provided that the court finds on the record that:
(a) the person is a drug dependent person within the meaning of N.J.S. 2C:35-2; and
(b) substance abuse treatment and monitoring will serve to benefit the person by addressing his drug dependency; and
(c) a suitable treatment
facility licensed and approved by the Department of Health and Senior Services
is able and has agreed to
provide appropriate treatment services in accordance with the requirements of
this section.
In determining the appropriate terms of supervisory treatment for a drug dependent person pursuant to this section, the court shall consider all relevant circumstances.
The court shall, as a condition of supervisory treatment for a drug dependent person, order the person to undergo treatment for drug dependency at a suitable treatment facility licensed and approved by the Department of Health and Senior Services, to comply with program rules and the requirements of the course of treatment, to cooperate fully with the treatment provider, and to comply with such other reasonable terms and conditions as may be required by the court or by law pursuant to N.J.S.2C:45-1. The conditions of supervisory treatment for drug dependent persons may include different methods and levels of community-based or residential supervision.
(d) The person shall be required to submit, through the probation division, to periodic testing to determine compliance with treatment program goals.
(e) The probation department or other appropriate agency designated by the court to monitor or supervise the person's supervisory treatment shall report periodically to the court as to the person's progress in treatment and compliance with court-imposed terms and conditions. The treatment provider shall promptly report to the probation department or other appropriate agency all significant failures by the person to comply with any court-imposed term or condition of supervisory treatment or any requirements of the course of treatment, including but not limited to, a positive drug or alcohol test or the unexcused failure to attend any session or activity. The probation department or other appropriate agency shall immediately notify the court and the prosecutor in the event that the person refuses to submit to a periodic drug or alcohol test or for any reason terminates his participation in the course of treatment.
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. This act shall take effect immediately.
STATEMENT
This bill would strengthen the terms of conditional discharge for persons charged with or convicted of certain drug related offenses. Presently, the court has the option to place certain persons, charged with or convicted of certain drug related offenses, on supervisory treatment. Such persons are not, however, expressly required to undergo testing for drug dependency or to undergo treatment for drug dependency if found to be a drug dependent person.
This bill would require that prior to placing the person on supervisory treatment pursuant to paragraph (1) or paragraph (2) of subsection a. of N.J.S.A. 2C:36A-1, the court shall require the person to undergo a professional diagnostic assessment to determine whether and to what extent the person is chemically dependent and would benefit from treatment. The bill further provides that the court shall, in addition to any other terms and conditions which the court may require, place the person on supervisory treatment for drug dependent persons provided that the court finds on the record that:
(a) the person is a drug dependent person within the meaning of N.J.S.A. 2C:35-2; and
(b) substance abuse treatment and monitoring will serve to benefit the person by addressing his drug dependency; and
(c) a suitable treatment facility licensed and approved by the Department of Health and Senior Services is able and has agreed to provide appropriate treatment services in accordance with the requirements of this section.
The person would be required to submit, through the probation division, to periodic testing to determine compliance with treatment program goals. The probation department or other appropriate agency designated by the court to monitor or supervise the person's supervisory treatment would report periodically to the court as to the person's progress in treatment and compliance with court-imposed terms and conditions. The treatment provider would be required to report to the probation department or other appropriate agency all significant failures by the person to comply with any court-imposed term or condition of supervisory treatment or any requirements of the course of treatment, including but not limited to, a positive drug or alcohol test or the unexcused failure to attend any session or activity. In addition, the bill provides that the probation department would immediately notify the court and the prosecutor in the event that the person refuses to submit to a periodic drug or alcohol test or for any reason terminates his participation in the course of treatment.
