Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Grants court discretion to adjust, reduce, or waive certain mandatory legal financial obligations based on ability of defendant to pay.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain mandatory legal financial obligations of criminal defendants 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. Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, the court may exercise its discretion to adjust, reduce, or waive any mandatory fines, fees, penalties, assessments, or other legal financial obligations imposed on a defendant in a criminal proceeding, including a non-indictable criminal proceeding, based on the defendants inability to pay, the interests of justice, or if the fine, fee, penalty, assessment, or other legal financial obligation would be contrary to the purposes of rehabilitation.
The court shall state, on the record, the factors that resulted in the adjustment, reduction, or waiver of mandatory fines, fees, penalties, assessments, or other legal financial obligations.
2. This act shall take effect immediately.
STATEMENT
This bill grants the court the discretion to adjust, reduce, or waive certain fines, fees, penalties, assessments, and legal financial obligations (collectively referred to as LFOs) of criminal defendants based on ability of the defendant to pay.
Under the bill, the court may exercise its discretion to adjust, reduce, or waive any mandatory LFOs imposed on a defendant convicted of a crime or offense, including a non-indictable offense, based on the defendants inability to pay, the interests of justice, or if the LFO would be contrary to the purposes of rehabilitation. The bill requires the court to state, on the record, the factors that resulted in the adjustment, reduction, or waiver of a mandatory fines, fees, penalties, assessments, or other legal financial obligations.
The bill incorporates recommendation D of the New Jersey Criminal Sentencing and Disposition Commissions third report, dated March 2023, except that the bill includes a requirement that the court state, on the record, the factors that resulted in the adjustment, reduction, or waiver of a mandatory fines, fees, penalties, assessments, or other legal financial obligations.