A3598 Bill establishes a conditional dismissal program in municipal court. I
support this bill and testified in favor of the passage before the Assembly
Judiciary
This bill establishes a conditional dismissal program in municipal court
similar to the existing supervisory treatment programs for pre-trial
intervention and conditional discharge.
Currently, the supervisory treatment programs for pre-trial intervention and
conditional discharge allow the court to suspend proceedings against eligible
defendants while the defendants participate in supervisory treatment.
Persons who are charged with indictable offenses (crimes of the first, second,
third, or fourth degree) may be eligible for pretrial intervention (“PTI”)
pursuant to N.J.S.2C:43-12 et seq. Persons charged with certain disorderly
persons or petty disorderly persons drug offenses may be eligible for
conditional discharge pursuant to N.J.S.2C:36A-1. If the defendant
violates a term or condition of supervisory treatment, the court may enter a
judgment of conviction or, where the defendant did not previously plead guilty
and was not previously found guilty, resume the criminal proceedings. If
the defendant successfully completes the program, the criminal charges are
dismissed.
CONDITIONAL DISMISSAL PROGRAM. This bill establishes a similar diversion
program in municipal court to be known as the conditional dismissal
program. Under the provisions of the bill, a defendant who is charged
with a petty disorderly persons offense or disorderly persons offense may apply
to enter into the conditional dismissal program, provided the defendant
has not been previously convicted of any offense or crime under any law
of the United States, this State or any other state. A defendant may make
an application to the conditional dismissal program after a plea of guilty or a
finding of guilt, but prior to the entry of judgment of conviction.
FINGERPRINTING
REQUIREMENT. To allow sufficient time for verification of the defendant’s
criminal history by the prosecutor and as a condition of the application, the
defendant will be required to submit to the fingerprint identification
procedures as provided in R.S.53:1-15 before making an application to the
court.
CONDITIONAL
DISMISSAL PROGRAM ELIGIBILITY. Conditional dismissal will not be available to
any person who has previously participated in conditional discharge,
conditional dismissal, or PTI. In addition, conditional dismissal will
not be available if the offense for which the person is charged involved:
organized criminal or gang activity; a continuing criminal business or
enterprise; a breach of the public trust by a public officer or employee;
domestic violence; an offense against an elderly, disabled or minor person; an
offense involving driving or operating a motor vehicle while under the
influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or
habit-producing drug; animal cruelty laws; or any disorderly persons offense or
petty disorderly persons offense under chapter 35 or 36 of the Criminal Code
(drugs and drug paraphernalia). However, a person who is charged with a
disorderly persons or petty disorderly persons offense involving drugs or drug
paraphernalia may apply for a conditional discharge in accordance with
N.J.S.2C:36A-1.
In addition to these eligibility criteria, the court considering the
application must also consider the following factors: the nature and
circumstances of the offense; the facts surrounding the commission of the
offense; the motivation, age, character and attitude of the defendant; the desire
of the complainant or victim to forego prosecution; the needs and interests of
the victim and the community; the extent to which the defendant’s offense
constitutes part of a continuing pattern of anti-social behavior; whether the
offense is of an assaultive or violent nature, either in the act itself or in
the possible injurious consequences of such behavior; whether the applicant's
participation will adversely affect the prosecution of codefendants; whether
diversion of the defendant from prosecution is consistent with the public
interest; and any other factors deemed relevant by the court.
If the court approves a defendant’s participation in the conditional dismissal
program over the municipal prosecutor’s objection, that order will, upon the request
of the prosecutor, be stayed for a period of 10 days in order to permit the
prosecutor to appeal the order to the Superior Court.
PROGRAM REQUIREMENTS. After taking into consideration the eligibility
criteria, the defendant’s criminal history and the prosecutor’s recommendation,
the court may approve the defendant’s participation in the conditional
dismissal program and place the defendant
under a probation monitoring status for a period of one year. The court may
also impose financial obligations and other terms and conditions in accordance
with the bill. The bill permits the defendant to apply to the
court for an extension of the term of conditional dismissal to allow sufficient
time to pay financial obligations imposed by the court. In addition, a
judge could extend the term for good cause.
If a defendant who is participating in conditional dismissal is convicted of
any offense or crime under any law of the United States, this State or
any other state, or otherwise fails to comply with the terms and conditions
imposed by the court, the court can enter a judgment of conviction and impose a
fine, penalty, or other assessment in accordance with the defendant’s prior
plea of guilty or prior finding of guilt.
If, at the end of the term, the defendant has not been convicted of any
subsequent offense or crime under any law of the United States, this
State or any other state, and has complied with any other terms and conditions
imposed by the court, the court may terminate the probation monitoring and
dismiss the proceedings against the defendant.
The bill provides that a conditional dismissal of a petty disorderly persons or
disorderly persons offense granted pursuant to the program will not be deemed a
conviction for purposes of disqualifications or disabilities, but shall be
reported to the State Bureau of Identification criminal history record
information files for purposes of determining future eligibility or exclusion
from court diversion programs. A conditional dismissal granted will not
be deemed a conviction for the purposes of determining whether a second or
subsequent offense has occurred under any law of this State.
LIMITATION. A conditional dismissal can only be granted once with respect
to any defendant.
CONDITIONAL DISMISSAL APPLICATION FEE AND ASSESSMENT. A person applying
for admission to the conditional dismissal program will pay to the court an
application fee of $75. The fee would be deposited in the newly created
“Municipal Court Diversion Fund” established under the bill. Monies in this new
fund will be used to offset the cost of intake and monitoring services related
to the conditional dismissal program. If admitted into the program, the
defendant would also be required to pay any restitution, costs, and other
mandatory assessments that would have been imposed by law for a conviction of
the offense charged.
A municipal court judge may impose an assessment, based on the nature of the
offense and the character of the defendant, that shall not exceed the amount of
a fine that would have been imposed for conviction of the offense
charged. Such assessment would be distributed in the same manner as a fine
for the offense.
A defendant would be advised of these financial conditions prior to seeking
entry into the program.
The bill allows the defendant to apply for a waiver of the fee by reason of
poverty. The court may also permit the defendant to pay the conditional
dismissal fee and other assessments in installments or order other alternatives
pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1). Under the
provisions of that enactment, the court has several options available if it
finds that a person does not have the ability to pay a penalty in full or has
failed to pay a previously imposed penalty. The court may reduce,
suspend, or modify the installment plan; 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; revoke any unpaid portion of the penalty;
order the person to perform community service in lieu of payment of the
penalty; or impose any other alternative permitted by law.
MUNICIPAL COURT DIVERSION FUND. The bill establishes a new
dedicated, non-lapsing fund to be known as the "Municipal Court Diversion
Fund," which will be administered by the Administrative Office of the
Courts. The fund will be the depository of the $75 application fee for
the conditional dismissal program. Monies in the fund will be used to
offset the cost of intake and monitoring services for defendants under the
conditional dismissal program.
CONDITIONAL DISCHARGE. Currently, the conditional discharge statute,
N.J.S.2C:36A-1, provides that the $75 fee which is charged for this program is
used to defray the costs of juror compensation. However, this provision is
outdated since these monies are no longer used to defray the costs of juror
compensation, but instead are paid to the State Treasurer to for deposit in the
General Fund. This bill updates this section of law accordingly.
Under the current provisions of the conditional discharge statute, a person is
not eligible for conditional discharge if that person has committed a
disorderly persons or petty disorderly persons drug offense under any law of
the United States, this State or any other state. The bill amends section a. of
N.J.S.2C:36A-1 to also provide that a person who has participated in any
supervisory treatment program or the conditional dismissal program established
under the bill will not be eligible for participation in the conditional
discharge program.
SUPERVISORY TREATMENT (PTI). Similar to the conditional discharge
statute, the PTI statute, N.J.S.2C:43-12, provides that the $75 fee charged for
the program is used to defray the costs of juror compensation. Since these
monies are no longer used to defray the costs of juror compensation, the bill
updates this section of law accordingly.
Under the current provisions of N.J.S.2C:43-12, PTI may only occur once and any
person who has previously received PTI is not eligible for subsequent PTI. This
bill expands this provision by providing that a person who has participated in
either conditional dismissal or conditional discharge will not be eligible for
PTI.
The bill amends the conditional discharge and PTI statutes to provide that the
court may allow the payment of the fees and other financial obligations in
installments.
EXPUNGEMENT. The bill amends N.J.S.2C:52-6 concerning expungement of arrests
not resulting in conviction to allow for expungement of charges dismissed
pursuant to conditional discharge or conditional dismissal six months after the
entry of the order of dismissal. Currently, this section allows for expungement
for a person who has had charges dismissed as a result of participation in a
supervisory treatment program.
