Permits counties to establish a central municipal drug court.

S3340

SENATE, No. 3340

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Permits counties to establish a central municipal
drug court.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the municipal courts, authorizing the establishment of a court of
limited jurisdiction supplementing and revising various parts of the statutory
law.

����
Be It Enacted

by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� N.J.S.2B:12-1 is amended
to read as follows:

���� 2B:12-1.���� Establishment of
municipal courts.

���� a.���� Every municipality
shall establish a municipal court. �If a municipality fails to maintain a
municipal court or does not enter into an agreement pursuant to subsection b.
or c. of this section, the Assignment Judge of the vicinage shall order
violations occurring within its boundaries heard in any other municipal court
in the county until such time as the municipality establishes and maintains a
municipal court. �The municipality without a municipal court shall be
responsible for all administrative costs specified in the order of the
Assignment Judge pending the establishment of its municipal court.

���� b.��� Two or more
municipalities, by ordinance, may enter into an agreement establishing a single
joint municipal court and providing for its administration. �A copy of the
agreement shall be filed with the Administrative Director of the Courts. As
used in this act, "municipal court" includes a joint municipal court.

���� c.���� Two or more
municipalities, by ordinance or resolution, may agree to provide jointly for
courtrooms, chambers, equipment, supplies and employees for their municipal
courts and agree to appoint judges and administrators without establishing a
joint municipal court. �Where municipal courts share facilities in this manner,
the identities of the individual courts shall continue to be expressed in the
captions of orders and process.

���� d.��� An agreement pursuant to
subsection b. or c. of this section may be terminated as provided in the
agreement. �If the agreement makes no provision for termination, it may be
terminated by any party with reasonable notices and terms as determined by the
Assignment Judge of the vicinage.

���� e.���� Any county of the first
class with a population of over 900,000 and a population density of less than
4,000 persons per square mile according to the 2010 federal decennial census
may establish, by ordinance, a central municipal court, which shall be an inferior
court of limited jurisdiction, to adjudicate cases filed by agents of the
county health department, agents of the county office of consumer affairs,
members of the county police department and force, county park police system,
or sheriff�s office, or other cases within its jurisdiction referred by the
vicinage Assignment Judge pursuant to the Rules of Court, and provide for its
administration. �A copy of that ordinance shall be filed with the
Administrative Director of the Courts. As used in this act, "municipal
court" includes a central municipal court.

���� f.���� Nothing in P.L.2015,
c.103 shall require a county that has established and maintained a central
municipal court in accordance with subsection e. of N.J.S.2B:12-1 prior to the
date of the enactment of P.L.2015, c.103 to re-establish that court.

����
g.��� Any county may
establish, by ordinance, a central municipal drug court, which shall be an
inferior court of limited jurisdiction, to adjudicate cases within its
jurisdiction and cases referred by the vicinage Assignment Judge pursuant to
the Rules of Court, and provide for its administration.� A copy of that
ordinance shall be filed with the Administrative Director� of the Courts.� As
used in this act, "municipal court" includes a central municipal drug
court.

(cf: P.L.2015, c.103, s.1)

���� 2.��� N.J.S.2B:12-2 is amended
to read as follows:

���� 2B:12-2.���� Name of court.�
The name of a municipal court of a single municipality shall be the
"Municipal Court of (insert name of municipality)."� The name of a
joint municipal court shall be specified in the ordinances establishing the
court.� The name of a central municipal court shall be the "Central
Municipal Court of the County of (insert name of county)" and shall be
specified in the ordinance establishing the court.�
The name of a central
municipal drug court shall be the "Central Municipal Drug Court of the
County of (insert name of county)" and shall be specified in the ordinance
establishing the court.

(cf: P.L.1996, c.95, s.2)

���� 3.��� N.J.S.2B:12-4 is amended
to read as follows:

���� 2B:12-4.���� Judge of
municipal court; term of office; appointment.

���� a.���� Each judge of a
municipal court shall serve for a term of three years from the date of
appointment and until a successor is appointed and qualified.� Any appointment
to fill a vacancy not caused by the expiration of term shall be made for the
unexpired term only.� However, if a county or municipality requires by
ordinance that the judge of the municipal court devote full time to judicial
duties or limit the practice of law to non-litigated matters, the first
appointment after the establishment of that requirement shall be for a full
term of three years.

���� b.��� In municipalities
governed by a mayor-council form of government, the municipal court judge shall
be appointed by the mayor with the advice and consent of the council.� Each
judge of a joint municipal court shall be nominated and appointed by the
Governor with the advice and consent of the Senate.� In all other
municipalities, the municipal judge shall be appointed by the governing body of
the municipality.

���� c.���� In a county that has
established a central municipal court, the judge of the central municipal court
shall be nominated and appointed by the Governor with the advice and consent of
the Senate.� In those counties having a county executive, the county executive
may submit the names of judicial candidates for judge of the central municipal
court to the Governor.� In all other counties, the governing body may submit
the names of judicial candidates for judge of the central municipal court to
the Governor.

����
d.��� In a county that has
established a central municipal drug court, the judge of the central municipal
drug court shall be nominated and appointed by the Governor with the advice and
consent of the Senate.� In those counties having a county executive, the county
executive may submit the names of judicial candidates for judge of the central
municipal drug court to the Governor.� In all other counties, the governing
body may submit the names of judicial candidates for judge of the central
municipal drug court to the Governor.

(cf: P.L.1996, c.95, s.3)

���� 4.��� N.J.S.2B:12-15 is
amended to read as follows:

���� 2B:12-15.�� Courtrooms and
equipment.� Suitable courtrooms, chambers, offices, equipment and supplies for
the municipal court, its administrator's office and its violations bureau shall
be provided by the municipality or by a county that has established a central
municipal court
or a central municipal drug court
.

(cf: P.L.1996, c.95, s.10)

���� 5.��� N.J.S.2B:12-16 is
amended to read as follows:

2B:12-16. Territorial jurisdiction.
a. A municipal court of a single municipality shall have jurisdiction over
cases arising within the territory of that municipality except as provided in
section 10 of P.L.1997, c.357 (C.27:25-5.15).� A joint municipal court shall
have jurisdiction over cases arising within the territory of any of the
municipalities which the court serves.� The territory of a municipality
includes any premises or property located partly in and partly outside of the
municipality.� A central municipal court shall have jurisdiction over cases
arising within the territorial boundaries of the county.� A regional municipal
court established pursuant to the pilot program set forth in section 1 of
P.L.2021, c.191 (C.2B:12-34) shall have territorial jurisdiction over cases
arising within the territory of the municipalities participating in the
regional municipal court pilot program.�
A central municipal drug court
shall have jurisdiction over cases arising within territorial boundaries of the
county as set forth in section��� of P.L.�� , c.� (C.���� ) (now pending before
the Legislature as this bill).

���� b.��� A municipal court judge,
serving as an acting judge in any other municipal court in the county, may also
hear matters arising out of that other court, while sitting in the court where
the acting judge holds a regular appointment.

(cf: P.L.2023, c.284, s.1)

���� 6.��� N.J.S.2B:12-17 is
amended to read as follows:

���� 2B:12-17.�� Jurisdiction of
specified offenses.� A municipal court has jurisdiction over the following
cases within the territorial jurisdiction of the court:

���� a.���� Violations of county or
municipal ordinances;

���� b.��� Violations of the motor
vehicle and traffic laws;

���� c.���� Disorderly persons
offenses, petty disorderly persons offenses and other non-indictable offenses
except where exclusive jurisdiction is given to the Superior Court
or to a
central municipal drug court established by a county where jurisdiction over
certain disorderly persons offenses or petty disorderly persons offenses is
given to the central municipal drug court pursuant to� section 9� of P.L.��� ,
c.�� (C.�������� )(now pending before the Legislature as section 9 of this
bill)
;

���� d.��� Violations of the fish
and game laws;

���� e.���� Proceedings to collect
a penalty where jurisdiction is granted by statute;

���� f.���� Violations of laws
regulating boating; and

���� g.��� Any other proceedings
where jurisdiction is granted by statute.

(cf: P.L.1996, c.95, s.12)

���� 7.��� N.J.S.2B:12-18 is
amended to read as follows:

���� 2B:12-18.�� Jurisdiction of
specified offenses where indictment and trial by jury are waived.� A municipal
court has jurisdiction over the following crimes occurring within the
territorial jurisdiction of the court, where the person charged waives
indictment and trial by jury in writing and the county prosecutor consents in
writing:

���� a.���� Crimes of the fourth
degree enumerated in chapters 17, 18, 20 and 21 of Title 2C of the New Jersey
Statutes; or

���� b.��� Crimes where the term of
imprisonment that may be imposed does not exceed one year
unless the crime
is related to an offense concerning controlled dangerous substances or
controlled dangerous substance analogs in which case a central municipal drug
court, if established,� shall have jurisdiction pursuant to section 9 of
P.L.��� , c.�� (C.�������� )(now pending before the Legislature as section 9 of
this bill)
.

(cf: P.L.1993, c.293, s.1)

���� 8.��� Section 14 of P.L.1996,
c.95 (C.2B:12-27) is amended to read as follows:

���� 14.� The governing body of the
county or municipality may employ an attorney-at-law as a prosecutor, under the
supervision of the Attorney General or county prosecutor, who may represent the
State, county or municipality in any matter within the jurisdiction or the
central municipal court
, central municipal drug court
or any other
municipal court in accordance with the provisions of P.L.1999, c.349�
(C.2B:25-1 et al.).

(cf: P.L.1999, c.349, s.11)

���� 9.��� (New section)� A central
municipal drug court has jurisdiction over the following cases within the
territorial jurisdiction of the court:

���� a.���� Crimes of the fourth
degree enumerated in chapters 35 or 36 of Title 2C of the New Jersey Statutes;
or

���� b.��� Crimes where the term of
imprisonment that may be imposed does not exceed one year and the crime is
related to an offense concerning controlled dangerous substances or controlled
dangerous substance analogs; or

���� c.���� Disorderly persons
offenses or petty disorderly persons offenses where the offense is related to
an offense concerning controlled dangerous substances or controlled dangerous
substance analogs.

���� 10.� (New section)� A juvenile
who commits an act which, if committed by an adult, would constitute any of the
offenses set forth in section 9 of P.L.��� , c.�� (C.���� )(now pending before
the Legislature as section 9 of this bill) may be referred to the central
municipal drug court by the Presiding Judge of the Family Part of the Superior
Court for the vicinage in which the central municipal drug court is
established.

���� 11.� (New section)� a.� A
person, sentenced by a central municipal drug court, may be ordered to perform
community service in lieu of incarceration or other modification of the
sentence with the person's consent.� The county or municipal official in charge
of the community service program shall report to the central municipal drug
court any failure of a person subject to a court work order to report for work
or to perform the assigned work.� Upon receipt of the report, the central
municipal drug court may revoke its community service order and impose any
sentence consistent with the original sentence.

���� b.��� A person, sentenced by a
central municipal drug court, may be ordered to a treatment program in lieu of
incarceration, with the person's consent.� The director of the drug treatment
program shall report to the central municipal drug court any failure of a
person subject to a court order to successfully complete the treatment
program.� Upon receipt of the report, the central municipal drug court may
revoke its order for treatment� and impose any sentence consistent with the
original sentence.

���� 12.� (New section)� a.� A
county or municipality may employ attorneys-at-law on a full-time, part-time or
per-case basis to provide for the representation of persons entitled by law to
appointment of counsel in a central municipal drug court.

���� b.��� A county or municipality
may, by ordinance, require a person applying for representation by a municipal
public defender to pay an application fee of not more than $50.00.� The central
municipal drug court may waive any required application fee, in whole or in
part, if the court determines, in its discretion, that the application fee
represents an unreasonable burden on the person seeking representation.

���� 13.� This act shall take
effect on the 120th day after enactment.

STATEMENT

���� This bill permits counties to
establish by ordinance a central municipal drug court.� This court would have
jurisdiction to hear cases arising in the county involving crimes of the fourth
degree or disorderly persons offenses or petty disorderly persons offenses
related to controlled dangerous substances.� Juveniles may be referred by the
Presiding Judge of the Family Part of Superior Court for the vicinage in which
such a court is established.

���� The bill establishes
procedures for the appointment of judges to this drug court.� In a county that
has established a central municipal drug court, the judge of the central
municipal drug court shall be nominated and appointed by the Governor with the
advice and consent of the Senate.� In those counties having a county executive,
the county executive may submit the names of judicial candidates for judge of
the central municipal drug court to the Governor.� In all other counties, the
governing body may submit the names of judicial candidates for judge of the
central municipal drug court to the Governor.

���� The bill makes community
service or sentencing to a drug treatment program� an option in lieu of
incarceration.� The county or municipal official in charge of the community
service program or the director of the drug treatment program shall report to
the central municipal drug court any failure of a person subject to a court
order to complete either.� Upon receipt of such a report, the central municipal
drug court may revoke its order and impose any sentence consistent with the
original sentence.

���� The bill provides that a
county or municipality may employ an attorney-at-law as a prosecutor, under the
supervision of the Attorney General or county prosecutor, who may represent the
State, county or municipality in any matter within the jurisdiction of the
central municipal drug court.� The bill also makes provision for representation
of indigents.