S2962

An Act concerning the issuance of rewards for reporting certain drug offenses, supplementing chapter 35 of Title 2C of the New Jersey Statutes, and amending N.J.S.2C:64-6.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. Each county prosecutor is authorized to pay a reward to persons who provide information leading to the arrest, prosecution and conviction of persons who have committed the following offenses:

(1) N.J.S.2C:35-3, leader of narcotics trafficking network;

(2) N.J.S.2C:35-4, maintaining or operating a controlled dangerous substance production facility;

(3) N.J.S.2C:35-5, manufacturing, distributing or dispensing;

(4) section 3 of P.L.1997, c.194 (C.2C:35-5.2), manufacturing, etc. gamma hydroxybutyrate;

(5) section 5 of P.L.1997, c.194 (C.2C:35-5.3), manufacturing, etc. flunitrazepam;

(6) N.J.S.2C:35-6, employing a juvenile in a drug distribution scheme;

(7) section 1 of P.L.1987, c.101 (C.2C:35-7), distribution on or within 1,000 feet of school property; or

(8) manufacture, distribution or dispensing of imitation controlled dangerous substances defined under N.J.S.2C:35-11.

b. The reward shall be provided from money seized and forfeited to the office of the county prosecutor pursuant to N.J.S.2C:64-1 for the prosecution of the crimes enumerated under subsection a. of this section. Only a single reward amount may be paid pursuant to this section for crimes arising out of the same transaction or occurrence, regardless of the number of persons arrested, prosecuted and convicted and regardless of the number of persons submitting claims for the reward. The reward may be divided and disbursed among more than one person in amounts determined by the county prosecutor, in accordance with the provisions of this subsection. The decision of the county prosecutor as to the person or persons entitled to the reward shall be final unless the reward recipients shall disagree, in which event, the matter shall be referred to the Attorney General whose decision shall be final and shall not be subject to judicial review.

c. Not more than 20% of the moneys seized and forfeited to the office of the county prosecutor during a fiscal year shall be expended on reward money issued pursuant to this section.

d. The Attorney General shall promulgate and adopt rules and regulations which set forth the reward program application and approval process, including the criteria against which claims shall be evaluated, the basis for determining specific reward amounts, and the manner of reward disbursement. Applications for rewards authorized by this section must be submitted in accordance with rules established by the Attorney General.

2. N.J.S.2C:64-6 is amended to read as follows:

2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated and used in accordance with the provisions of this chapter.

The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. [Notwithstanding any other provision of law] Except as provided under section 1 of P.L. , c. (C. )(pending before the Legislature as this bill), such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture. In addition to the use of proceeds for law enforcement purposes, a county prosecutor may retain a portion of the proceeds that were seized during the commission of crimes relating to the manufacturing, distributing or dispensing of controlled dangerous substances for the purposes of issuing rewards in accordance with section 1 of P.L. , c. (C. )(pending before the Legislature as this bill).

The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.

b. For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), 10% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).

c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, 5% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).

(cf: P.L. 1993, c.227, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill authorizes each county prosecutor in this State to pay a reward to persons who provide information leading to the arrest, prosecution and conviction of persons who have committed criminal offenses relating to the manufacture, distribution, and dispensing of illegal narcotics. The bill does not include crimes relating to the possession of illegal narcotics, but rather would reward individuals who provide information that may be used to prosecute drug dealers. The crimes included under the bill are: being a leader of narcotics trafficking network; maintaining or operating a controlled dangerous substance production facility; manufacturing, distributing or dispensing controlled dangerous substances; employing a juvenile in a drug distribution scheme; distribution on or within 1,000 feet of school property; or manufacture, distribution, or dispensing of imitation controlled dangerous substances.

The bill provides that only a single reward amount may be paid for crimes arising out of the same transaction or occurrence, regardless of the number of persons arrested, prosecuted and convicted and regardless of the number of persons submitting claims for the reward. The reward may be divided and disbursed among more than one person in amounts determined by the county prosecutor.

The bill limits the amount that may be used for issuing rewards to 20% of the moneys seized and forfeited to the office of the county prosecutor during a fiscal year. The decision of the county prosecutor as to the person or persons entitled to the reward is final unless the reward recipients disagree, in which event, the matter shall be referred to the Attorney General whose decision is be final and is not to be subject to judicial review.

Finally, the bill amends current law to provide that the proceeds for the reward be obtained by the county prosecutor from money seized and forfeited to the office of the county prosecutor for crimes relating to the manufacture, distribution, and dispensing of illegal narcotics.