Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
Senator DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
SYNOPSIS
Provides that in municipal courts participating in regional municipal court pilot program, conditional discharge would be expanded to encompass certain additional offenses and second offenders.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning municipal courts and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. In any municipal court participating in the regional municipal court pilot program established by P.L.2021, c.191 (C.2B:12-34 et seq.), the conditional discharge process set forth in N.J.S.2C:36A-1, in addition to being available to certain defendants under current law, shall also be available for any defendant under the following circumstances, notwithstanding any provisions of N.J.S.2C:36A-1 to the contrary:
a. Any defendant charged with or convicted of:
(1) shoplifting pursuant to N.J.S.2C:20-11, when classified as a disorderly persons offense or, if the municipal court has jurisdiction over the matter pursuant to N.J.S.2B:12-18, when classified as a crime of the fourth degree, or
(2) wandering, remaining, or prowling in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog pursuant to P.L.1991, c.383 (C.2C:33-2.1); or
b. Any defendant previously convicted of:
(1) shoplifting pursuant to N.J.S.2C:20-11, when classified as a disorderly persons offense or, if the municipal court had jurisdiction over the matter pursuant to N.J.S.2B:12-18, when classified as a crime of the fourth degree;
(2) wandering, remaining, or prowling in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog pursuant to P.L.1991, c.383 (C.2C:33-2.1); or
(3) any disorderly persons or petty disorderly persons offense set forth in chapter 35 or chapter 36 of Title 2C of the New Jersey Statutes.
2. This act shall take effect immediately.
STATEMENT
P.L.2021, c.191 (C.2B:12-34 et seq.), enacted August 5, 2021, creates a pilot program to consolidate certain municipal courts into regional municipal courts. Under the pilot program, a regional municipal court would have jurisdiction over all matters falling within the jurisdiction of the municipal courts.
This bill would provide that in any municipal court participating in the regional municipal court pilot program, the conditional discharge process set forth in N.J.S.2C:36A-1 would be expanded to include certain additional defendants. Under conditional discharge currently, the court may suspend criminal proceedings against a first offender charged with or convicted of a low-level CDS offense and place the defendant under supervisory treatment. If the defendant successfully completes the treatment, the criminal proceedings are dismissed.
Under the bill, conditional discharge would also include the following defendants in those municipal courts that are participating in the pilot program:
a. Any defendant charged with or convicted of:
(1) shoplifting pursuant to N.J.S.2C:20-11, when classified as a disorderly persons offense or, if the municipal court has jurisdiction over the matter pursuant to N.J.S.2B:12-18, when classified as a crime of the fourth degree; or
(2) wandering, remaining, or prowling in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog pursuant to P.L.1991, c.383 (C.2C:33-2.1); or
b. Any defendant previously convicted of:
(1) shoplifting pursuant to N.J.S.2C:20-11, when classified as a disorderly persons offense or, if the municipal court had jurisdiction over the matter pursuant to N.J.S.2B:12-18, when classified as a crime of the fourth degree;
(2) wandering, remaining, or prowling in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog pursuant to P.L.1991, c.383 (C.2C:33-2.1); or
(3) any disorderly persons or petty disorderly persons offense set forth in chapter 35 or chapter 36 of Title 2C of the New Jersey Statutes.