Permits persons participating in Drug Court and other programs to earn credit against amount owed on certain court-imposed financial obligations.

S3339

SENATE, No. 3339

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Permits persons participating in Drug Court and other
programs to earn credit against amount owed on certain court-imposed financial
obligations.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning certain court-imposed financial
obligations, amending N.J.S.2C:35-15, and supplementing chapter 46 of Title 2C
of the New Jersey Statutes.

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

���� 1.��� N.J.S.2C:35-15 is
amended to read as follows:

���� 2C:35-15.����� a. (1) In
addition to any disposition authorized by this title, every person convicted of
a violation of any offense defined in this chapter or chapter 36 of this title
shall be assessed for each offense a penalty fixed at:

���� (a)�� $3,000 in the case of a
crime of the first degree;

���� (b)�� $2,000 in the case of a
crime of the second degree;

���� (c)�� $1,000 in the case of a
crime of the third degree;

���� (d)�� $750 in the case of a
crime of the fourth degree;

���� (e)�� $500 in the case of a
disorderly persons or petty disorderly persons offense.

���� (2)�� A person being sentenced
for more than one offense set forth in subsection a. of this section who is not
placed in supervisory treatment pursuant to this section or ordered to perform
reformative service pursuant to subsection f. of this section may, in the
discretion of the court, be assessed a single penalty applicable to the highest
degree offense for which the person is convicted, if the court finds that the
defendant has established the following:

���� (a)�� the imposition of
multiple penalties would constitute a serious hardship that outweighs the need
to deter the defendant from future criminal activity; and

���� (b)�� the imposition of a
single penalty would foster the defendant�s rehabilitation.

���� Every person placed in
supervisory treatment pursuant to the provisions of N.J.S.2C:36A-1 or
N.J.S.2C:43-12 for a violation of any offense defined in this chapter or
chapter 36 of this title shall be assessed the penalty prescribed in this
section and applicable to the degree of the offense charged, except that the
court shall not impose more than one such penalty regardless of the number of
offenses charged. �If the person is charged with more than one offense, the
court shall impose as a condition of supervisory treatment the penalty
applicable to the highest degree offense for which the person is charged.

���� All penalties provided for in
this section shall be in addition to and not in lieu of any fine authorized by
law or required to be imposed pursuant to the provisions of N.J.S.2C:35-12.

���� b.��� All penalties provided
for in this section shall be collected as provided for collection of fines and
restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be
forwarded to the Department of the Treasury as provided in subsection c. of
this section.

���� c.���� All moneys collected
pursuant to this section shall be forwarded to the Department of the Treasury
to be deposited in a nonlapsing revolving fund to be known as the �Drug
Enforcement and Demand Reduction Fund.�� Moneys in the fund shall be
appropriated by the Legislature on an annual basis for the purposes of funding
in the following order of priority: (1) the Alliance to Prevent Alcoholism and
Drug Abuse and its administration by the Governor�s Council on Substance Use
Disorder; (2) the �Substance Use Disorder Program for the Deaf, Hard of Hearing
and Disabled� established pursuant to section 2 of P.L.1995, c.318
(C.26:2B-37); (3) the �Partnership for a Drug Free New Jersey,� the State
affiliate of the �Partnership for a Drug Free America�; and (4) other substance
use disorder programs.

���� Moneys appropriated for the
purpose of funding the �Substance Use Disorder Program for the Deaf, Hard of
Hearing and Disabled� shall not be used to supplant moneys that are available
to the Department of Health as of the effective date of P.L.1995, c.318
(C.26:2B-36 et al.), and that would otherwise have been made available to
provide substance use disorder services for the deaf, hard of hearing and
disabled, nor shall the moneys be used for the administrative costs of the
program.

���� d.��� (Deleted by amendment,
P.L.1991, c.329).

���� e.���� The court may suspend
the collection of a penalty imposed pursuant to this section; provided the
person is ordered by the court to participate in a substance use disorder
rehabilitation program approved by the court; and further provided that the
person agrees to pay for all or some portion of the costs associated with the
rehabilitation program.� In this case, the collection of a penalty imposed
pursuant to this section shall be suspended during the person�s participation
in the approved, court-ordered rehabilitation program.� Upon successful
completion of the program, as determined by the court upon the recommendation
of the treatment provider, the person may apply to the court to reduce the
penalty imposed pursuant to this section by any amount actually paid by the
person for participating in the program
, and to determine the amount of
credit earned against the amount owed on any other court-imposed financial
obligation as provided for in section 2 of P.L.��� , c.� (C.���� ) (pending
before the Legislature as this bill)
.� The court shall not reduce the
penalty pursuant to this subsection unless the person establishes to the
satisfaction of the court that the person has successfully completed the
rehabilitation program.� If the person�s participation is for any reason
terminated before successful completion of the rehabilitation program,
collection of the entire penalty imposed pursuant to this section shall be
enforced.� Nothing in this section shall be deemed to affect or suspend any
other criminal sanctions imposed pursuant to this chapter or chapter 36 of this
title.�

���� f.���� A person required to
pay a penalty under this section may propose to the court and the prosecutor a
plan to perform reformative service in lieu of payment of up to one-half of the
penalty amount imposed under this section.� The reformative service plan option

under this subsection
shall not be available if the provisions of
paragraph (2) of subsection a. of this section apply or if the person is placed
in supervisory treatment pursuant to the provisions of N.J.S.2C:36A-1 or
N.J.S.2C:43-12.� For purposes of this section, �reformative service� shall
include training, education or work, in which regular attendance and
participation is required, supervised, and recorded, and which would assist in
the defendant�s rehabilitation and reintegration.� �Reformative service� shall
include, but not be limited to, substance use disorder treatment or services,
other therapeutic treatment, educational or vocational services, employment
training or services, family counseling, service to the community and volunteer
work.� For the purposes of this section, an application to participate in a
court-administered substance use disorder rehabilitation program shall have the
same effect as the submission of a reformative service plan to the court.�

���� The court, in its discretion,
shall determine whether to accept the plan, after considering the position of
the prosecutor, the plan�s appropriateness and practicality, the defendant�s
ability to pay, and the effect of the proposed service on the defendant�s
rehabilitation and reintegration into society.� The court shall determine the
amount of the credit that would be applied against the penalty upon successful
completion of the reformative service, not to exceed one-half of the amount
assessed, except that the court may, in the case of an extreme financial
hardship, waive additional amounts of the penalty owed by a person who has completed
a court administered substance use disorder rehabilitation program if necessary
to aid the person�s rehabilitation and reintegration into society.� The court
shall not apply the credit against the penalty unless the person establishes to
the satisfaction of the court that the person has successfully completed the
reformative service.� If the person�s participation is for any reason
terminated before his successful completion of the reformative service,
collection of the entire penalty imposed pursuant to this section shall be
enforced.� Nothing in this subsection shall be deemed to affect or suspend any
other criminal sanctions imposed pursuant to this chapter or chapter 36 of this
title.�

���� Any reformative service
ordered pursuant to this section shall be in addition to and not in lieu of any
community service imposed by the court or otherwise required by law.� Nothing
in this section shall limit the court�s authority �to �order �a �person to �participate
�in any

activity, program, or treatment in
addition to those proposed in a reformative service plan.

(cf: P.L.2023, c.177, s.8)

���� 2.��� (New section) a. A
person required to pay any form of court-imposed financial obligation resulting
from a conviction or charge for a violation of any offense defined under Title
2C of the New Jersey Statutes or other applicable law shall be eligible to perform
reformative service, when ordered by the court as a condition for admission
into special probation pursuant to N.J.S.2C:35-14, conditional discharge
pursuant to N.J.S.2C:36A-1, supervisory treatment pursuant to N.J.S.2C:43-12,
or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) for
treatment of a substance use disorder, in order to earn credit against the
amount owed on the court-imposed financial obligation, other than restitution
or child support or other support or maintenance ordered by a court.�
�Reformative service� shall include, but not be limited to, substance use
disorder treatment or services, other therapeutic treatment, educational or
vocational services, employment training or services, family counseling,
service to the community and volunteer or other work.

���� b.��� The court shall
determine the amount of the credit that would be applied against the
court-imposed financial obligation upon successful completion of the
supervisory treatment program.� If the person�s participation is for any reason
terminated before the person�s successful completion of the supervisory
treatment program, collection of the entire court-imposed financial obligation
shall be enforced.

���� 3.��� This act shall take
effect immediately and shall apply to any person convicted of or charged with a
violation of any offense defined under Title 2C of the New Jersey Statutes or
other applicable law.

STATEMENT

���� This bill would permit a
person admitted into a court-ordered supervisory treatment program for a
substance use disorder, such as Drug Court, to earn credit against the amount
owed on any court-imposed financial obligations, other than restitution or
child support, or other support or maintenance ordered by a court.� The credit
would be based upon the performance of reformative service ordered by the court
as a condition for admission into the supervisory treatment program, and could
include such activities as substance use disorder treatment or services,
educational or vocational services, employment training or services, family
counseling, and volunteer or other work.�

���� The court would determine the
amount of credit that would be applied against the court-imposed financial
obligation upon successful completion of the supervisory treatment program.� If
a person�s participation is terminated before the person�s successful
completion of the supervisory treatment program, collection of the entire
court-imposed financial obligation would be enforced.

���� This bill embodies
Recommendation No. 9 of the Report of the Supreme Court Committee on Municipal
Court Operations, Fines, and Fees, issued June 2018.� As indicated in the
report, providing a mechanism for persons participating in supervisory
treatment programs to eliminate or reduce outstanding court-ordered financial
obligations further incentivizes their participation and successful completion
of such programs.