S2261

An Act concerning reentry of inmates and amending P.L.2009, c.329.

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

1. Section 5 of P.L.2009, c.329 (C.30:1B-6.4) is amended to read as follows:

5. a. At the time of release from a State correctional facility, every inmate shall be notified in writing of:

(1) all outstanding fines, assessments, and restitution charges ordered as part of that inmate's sentence[, as well as] ;

(2) all fines or penalties for a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes which were outstanding at the time of incarceration; and

(3) any outstanding warrants or detainers, including those issued by a municipal court.

b. To assist in an inmate's transition and reentry into the community, [no] an inmate shall not be required to pay any portion of any outstanding fine, assessment, or restitution [ordered as part of that inmate's sentence] set forth in subsection a. of this section during the first 90 days following [his] the inmate’s release. During that 90-day period no warrant shall be issued against the inmate for any nonpayment of any such fine, assessment, or restitution. After the 90-day period, an inmate shall be permitted to enter into a reasonable payment plan for all fines or penalties for a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes which were outstanding at the time of incarceration.

c. Nothing in this section shall be construed to diminish or in any way impair the inmate's responsibility for paying all such outstanding fines, assessments, and restitutions ordered by the court. No additional penalties shall be imposed while the inmate is incarcerated on any fines or penalties for a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes which were outstanding at the time of incarceration.

(cf: P.L.2009, c.329, s.5)

2. This act shall take effect on the first day of the seventh month after enactment, but the Commissioner of Corrections may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires the Department of Corrections (DOC) to notify inmates of outstanding motor vehicle fines or penalties and permits the inmate to enter into a payment plan for these fines or penalties upon release from incarceration.

Under current law, the DOC is required to notify every inmate at the time of his or her release of all outstanding fines, assessments, and restitution charges ordered as part of that inmate’s sentence and any outstanding warrants or detainers. In addition, an inmate is provided a 90-day grace period after release during which he or she does not have to pay these fines, assessments, and charges. An arrest warrant is not to be issued for their nonpayment during this period. However, current law specifies that the inmate is responsible for the fines, assessments, and charges.

This bill requires the DOC to also notify the inmate, upon release, of all fines or penalties for a violation of the motor vehicle and traffic laws (Title 39 of the Revised Statutes) which were outstanding at the time of incarceration. The bill also clarifies that the list of outstanding warrants and detainers that the inmate is to receive includes those issued by a municipal court. The 90-day grace period provided under current law would also apply to fines or penalties for a violation of the motor vehicle and traffic laws. Under the bill, after the 90-day period, an inmate is to be permitted to enter into a reasonable payment plan for all fines or penalties for a violation of the motor vehicle or traffic laws which were outstanding at the time of incarceration.

Finally, an inmate would still be responsible for paying any outstanding fines or penalties for a violation of the motor vehicle and traffic laws; however, under the bill, no additional penalties are to be imposed while the inmate is incarcerated on any fines or penalties for a violation of the motor vehicle and traffic laws which were outstanding at the time of incarceration.