This bill amends current law to grant courts the discretion to adjust, reduce, or waive certain mandatory legal financial obligations (LFOs) imposed on criminal defendants based on their ability to pay. Specifically, the court can consider a defendant's inability to pay, the interests of justice, or whether the LFOs would hinder rehabilitation. The bill applies to all criminal proceedings, including non-indictable offenses, and mandates that the court document the factors influencing its decision regarding any adjustments or waivers of these financial obligations.
The legislation aligns with recommendation D from the New Jersey Criminal Sentencing and Disposition Commission's third report, dated March 2023, while adding a requirement for courts to articulate the reasons for their decisions on the record. This aims to ensure transparency and accountability in the judicial process concerning financial obligations imposed on defendants. The bill is set to take effect immediately upon enactment.