Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Authorizes courts to assess costs of prosecution against certain drug defendants.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing courts to assess costs against defendants convicted of certain first degree drug offenses to allow public bodies to recover costs associated with prosecution 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. a. In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, the court may assess against a defendant convicted of drug trafficking, in violation of N.J.S.2C:35-3; maintaining or operating a controlled dangerous substance facility, in violation of N.J.S.2C:35-4; first degree booby trapping of a manufacturing or distribution facility, in violation of P.L.1997, c.185 (C.2C:35-4.1); or first degree manufacturing, distributing, or dispensing a controlled dangerous substance, in violation of N.J.S.2C:35-5, the value of any services provided and any costs or expenses incurred by a public body arising from or associated with the defendant’s prosecution.
b. The Supreme Court may promulgate Rules of Court to effectuate the purposes of this act.
2. This act shall take effect immediately and shall apply to convictions which take place on or after the date of enactment.
STATEMENT
This bill authorizes courts to assess the costs of prosecution against defendants convicted of certain first degree drug offenses. The crimes include leader of a drug trafficking network, in violation of N.J.S.2C:35-3; maintaining or operating a controlled dangerous substance facility, in violation of N.J.S.2C:35-4; first degree booby trapping of a manufacturing or distribution facility, in violation of P.L.1997, c.185 (C.2C:35-4.1); and first degree manufacturing, distributing, or dispensing a controlled dangerous substance, in violation of N.J.S.2C:35-5. All of these crimes are first degree offenses.
Under current law, the penalty for being a leader of a drug trafficking network is a life sentence, of which 25 years is to be served before a defendant is eligible for parole. The court also may impose a fine not to exceed $750,000 or five times the street value of the controlled dangerous substance, whichever is greater. The penalty for maintaining a controlled dangerous substance facility is a term of imprisonment of 10 to 20 years, with a mandatory minimum of one-third to one-half of the sentence to be imposed by the court. The court also may impose a fine not to exceed $750,000 or five times the street value of the controlled dangerous substance, whichever is greater. First degree booby trapping is punishable by a term of imprisonment of 10 to 20 years, a fine not to exceed $200,000, or both. The penalty for first degree manufacturing, distributing, or dispensing is a sentence of 10 to 20 years, with a mandatory minimum of one-third to one-half of the sentence, to be imposed by the court. The court also may impose a fine not to exceed $500,000.
The bill provides that in addition to these penalties, or any other fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, the court may assess against a defendant the value of any services provided and any costs or expenses incurred by a public body arising from or associated with the defendant’s prosecution.
This bill allows public bodies, such as local and State law enforcement agencies to recover taxpayer moneys expended to prosecute the most serious drug crimes. In 2011, Illinois enacted similar legislation to assist law enforcement agencies in recouping public funds spent in the investigation and prosecution of drug dealing offenses.