ACR251

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

SYNOPSIS

Requests Supreme Court to allow defendant’s fees and fines from municipal court matters to be addressed in Superior Court before defendant’s incarceration.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution requesting the Supreme Court of New Jersey to allow a defendant’s fees and fines from municipal court matters to be addressed in Superior Court before the defendant’s incarceration.

Whereas, According to the 2019 New Jersey Reentry Services Commission Report: “Barriers, Best Practices, and Action Items for Improving Reentry Services,” municipal courts may not receive notification of a defendant’s arrest or potential incarceration in a matter in Superior Court; and

Whereas, As a result, incarcerated defendants who owe outstanding fines and fees in municipal court matters and fail to pay them or to appear in municipal court due to their incarceration, may face accumulating late fees, the issuance of a bench warrant, or both; and

Whereas, The current system usually does not address outstanding municipal court bench warrants during incarceration in State prison until release; and

Whereas, An incarcerated defendant, with the inability to pay any fines, is unaware of the bench warrant; and

Whereas, If a bench warrant is issued for failure to appear in municipal court, but that failure was due to incarceration, individuals are disincentivized from receiving necessary services such as obtaining a driver’s license, for fear of rearrest; and

Whereas, Defendants get caught in a cycle of fines, fees and bench warrants that does not assist in alleviating the financial burden but presents another impediment that encourages recidivism; and

Whereas, The Supreme Court of New Jersey may be in the best position to consider these issues; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The Supreme Court of New Jersey is respectfully requested to consider issuing standards, rules and guidelines to allow a defendant’s outstanding municipal court fees and fines to be addressed in Superior Court at the time of sentencing before the defendant’s incarceration.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Chief Justice of the Supreme Court of New Jersey and to the Administrative Director of the Courts.

STATEMENT

This resolution would respectfully request the Supreme Court of New Jersey to consider issuing rules, guidelines and standards to permit a defendant’s outstanding municipal court fees and fines to be addressed in Superior Court at the time of sentencing before the defendant’s incarceration.

This resolution is based upon one of the recommendations provided in the 2019 New Jersey Reentry Services Commission Report: “Barriers, Best Practices, and Action Items for Improving Reentry Services.”