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Vercammen's Law office represents individuals charged from criminal
and serious traffic violations throughout New Jersey.
2C:43-3. Fines and Restitutions. A person who has been convicted
of an offense may be sentenced to pay a fine, to make restitution,
or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first
degree;
(2) $150,000.00 when the conviction is of a crime of the second
degree;
b. (1) $15,000.00 when the conviction is of a crime of the third
degree;
(2) $10,000.00 when the conviction is of a crime of the fourth
degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons
offense;
e. Any higher amount equal to double the pecuniary gain to the
offender or loss to the victim caused by the conduct constituting
the offense by the offender. In such case the court shall make a
finding as to the amount of the gain or loss, and if the record
does not contain sufficient evidence to support such a finding the
court may conduct a hearing upon the issue. For purposes of this
section the term "gain" means the amount of money or the
value of property derived by the offender and "loss" means
the amount of value separated from the victim or the amount of any
payment owed to the victim and avoided or evaded and includes any
reasonable and necessary expense incurred by the owner in recovering
or replacing lost, stolen or damaged property, or recovering any
payment avoided or evaded, and, with respect to property of a research
facility, includes the cost of repeating an interrupted or invalidated
experiment or loss of profits. The term "victim" shall
mean a person who suffers a personal physical or psychological injury
or death or incurs loss of or injury to personal or real property
as a result of a crime committed against that person, or in the
case of a homicide, the nearest relative of the victim. The terms
"gain" and "loss" shall also mean, where appropriate,
the amount of any tax, fee, penalty and interest avoided, evaded,
or otherwise unpaid or improperly retained or disposed of;
f. Any higher amount specifically authorized by another section
of this code or any other statute;
g. Up to twice the amounts authorized in subsection a., b., c.
or d. of this section, in the case of a second or subsequent conviction
of any tax offense defined in Title 54 of the Revised Statutes or
Title 54A of the New Jersey Statutes, as amended and supplemented,
or of any offense defined in chapter 20 or 21 of this code;
h. In the case of violations of chapter 35, any higher amount equal
to three times the street value of the controlled dangerous substance
or controlled substance analog. The street value for purposes of
this section shall be determined pursuant to subsection e. of N.J.S.
2C:44-2.
The restitution ordered paid to the victim shall not exceed the
victim's loss, except that in any case involving the failure to
pay any State tax, the amount of restitution to the State shall
be the full amount of the tax avoided or evaded, including full
civil penalties and interest as provided by law. In any case where
the victim of the offense is any department or division of State
government, the court shall order restitution to the victim. Any
restitution imposed on a person shall be in addition to any fine
which may be imposed pursuant to this section.
Amended 1979, c.178, s.83; 1981, c.290, s.37; 1987, c.76, s.34;
1987, c.106, s.10; 1991, c.329, s.2; 1995, c.20, s.6; 1995, c.417,
s.2; 1997, c.181, s.12.
2C:43-3.1. Victim, witness, criminal disposition, and collection
funds 2. a. (1) In addition to any disposition made pursuant to
the provisions of N.J.S. 2C:43-2, any person convicted of a crime
of violence, theft of an automobile pursuant to N.J.S. 2C:20-2,
eluding a law enforcement officer pursuant to subsection b. of N.J.S.
2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection
b., c. or d. of N.J.S. 2C:20-10 shall be assessed at least $100.00,
but not to exceed $10,000.00 for each such crime for which he was
convicted which resulted in the injury or death of another person.
In imposing this assessment, the court shall consider factors such
as the severity of the crime, the defendant's criminal record, defendant's
ability to pay and the economic impact of the assessment on the
defendant's dependents.
(2) (a) In addition to any other disposition made pursuant to the
provisions of N.J.S. 2C:43-2 or any other statute imposing sentences
for crimes, any person convicted of any disorderly persons offense,
any petty disorderly persons offense, or any crime not resulting
in the injury or death of any other person shall be assessed $50.00
for each such offense or crime for which he was convicted.
(b) In addition to any other disposition made pursuant to the provisions
of section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) or any other statute
indicating the dispositions that can be ordered for adjudications
of delinquency, any juvenile adjudicated delinquent, according to
the definition of "delinquency" established in section
4 of P.L. 1982, c.77 (C. 2A: 4A-23), shall be assessed at least
$30.00 for each such adjudication, but not to exceed the amount
which could be assessed pursuant to paragraph (1) or paragraph (2)
(a) of subsection a. of this section if the offense was committed
by an adult.
(c) In addition to any other assessment imposed pursuant to the
provisions of R.S. 39:4-50, the provisions of section 12 of P.L.
1990, c.103 (C.39:3-10.20) relating to a violation of section 5
of P.L. 1990, c.103 (C.39:3-10.13), the provisions of section 19
of P.L. 1954, c.236 (C.12:7-34.19) or the provisions of section
3 of P.L. 1952, c.157 (C.12:7-46), any person convicted of operating
a motor vehicle, commercial motor vehicle or vessel while under
the influence of liquor or drugs shall be assessed $50.00.
(d) In addition to any term or condition that may be included in
an agreement for supervisory treatment pursuant to N.J.S. 2C:43-13
or imposed as a term or condition of conditional discharge pursuant
to N.J.S. 2C: 36A-1, a participant in either program shall be required
to pay an assessment of $50.00.
(3) All assessments provided for in this section shall be collected
as provided in section 3 of P.L. 1979, c.396 (C. 2C:46-4) and the
court shall so order at the time of sentencing. When a defendant
who is sentenced to incarceration in a State correctional facility
has not, at the time of sentencing, paid an assessment for the crime
for which he is being sentenced or an assessment imposed for a previous
crime, the court shall specifically order the Department of Corrections
to collect the assessment during the period of incarceration and
to deduct the assessment from any income the inmate receives as
a result of labor performed at the institution or on any work release
program or from any personal account established in the institution
for the benefit of the inmate. All moneys collected, whether in
part or in full payment of any assessment imposed pursuant to this
section, shall be forwarded monthly by the parties responsible for
collection, together with a monthly accounting on forms prescribed
by the Victims of Crime Compensation Board pursuant to section 19
of P.L. 1991, c.329 (C. 52:4B-8.1), to the Victims of Crime Compensation
Board.
(4) The Victims of Crime Compensation Board shall forward monthly
all moneys received from assessments collected pursuant to this
section to the State Treasury for deposit as follows:
(a) Of moneys collected on assessments imposed pursuant to paragraph
a. (1):
(i) the first $72.00 collected for deposit in the Victims of Crime
Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition
and Revenue Collection Fund,
(iii) the next $25.00 collected for deposit in the Victim Witness
Advocacy Fund, and
(iv) moneys collected in excess of $100.00 for deposit in the Victims
of Crime Compensation Board Account;
(b) Of moneys collected on assessments imposed pursuant to paragraph
a. (2) (a), (c) or (d):
(i) the first $39.00 collected for deposit in the Victims of Crime
Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition
and Revenue Collection Fund, and
(iii) the next $8.00 collected for deposit in the Victim and Witness
Advocacy Fund;
(c) Of moneys collected on assessments imposed pursuant to paragraph
a. (2) (b):
(i) the first $17.00 for deposit in the Victims of Crime Compensation
Board Account, and
(ii) the next $3.00 collected for deposit in the Criminal Disposition
and Revenue Collection Fund, and
(iii) the next $10.00 for deposit in the Victim and Witness Advocacy
Fund, and
(iv) moneys collected in excess of $30.00 for deposit in the Victims
of Crime Compensation Board Account.
(5) The Victims of Crime Compensation Board shall provide the Attorney
General with a monthly accounting of moneys received, deposited
and identified as receivable, on forms prescribed pursuant to section
19 of P.L. 1991, c.329 (C. 52:4B-8.1).
(6) (a) The Victims of Crime Compensation Board Account shall be
a separate, non lapsing, revolving account that shall be administered
by the Victims of Crime Compensation Board. All moneys deposited
in that Account shall be used in satisfying claims pursuant to the
provisions of the "Criminal Injuries Compensation Act of 1971,"
P.L. 1971, c.317 (C. 52:4B-1 et seq.) and for related administrative
costs.
(b) The Criminal Disposition and Revenue Collection Fund shall
be a separate, non lapsing, revolving account that shall be administered
by the Victims of Crime Compensation Board. All moneys deposited
in that Fund shall be used as provided in section 19 of P.L. 1991,
c.329 (C. 52:4B-8.1).
(c) The Victim and Witness Advocacy Fund shall be a separate, non
lapsing, revolving fund and shall be administered by the Division
of Criminal Justice, Department of Law and Public Safety and all
moneys deposited in that Fund pursuant to this section shall be
used for the benefit of victims and witnesses of crime as provided
in section 20 of P.L. 1991, c.329 (C. 52:4B-43.1) and for related
administrative costs.
b. (Deleted by amendment, P.L. 1991, c.329).
c. (Deleted by amendment, P.L. 1991, c.329).
d. (Deleted by amendment, P.L. 1991, c.329).
L.1979, c.396, s.2; amended 1982, c.164, s.1; 1985, c.251, s.1;
1985,c.406; 1987, c.106, s.11; 1990, c.64, s.1; 1991, c.329, s.3;
1995, c.135, s.1.
2C:43-3.2. Assessments for Safe Neighborhoods Services 11. a. (1)
In addition to any other fine, fee or assessment imposed, any person
convicted of a crime, disorderly or petty disorderly persons offense
or violation of R.S. 39:4-50 shall be assessed $75 for each conviction.
(2) In addition to any term or condition that may be included in
an agreement for supervisory treatment pursuant to N.J.S. 2C:43-13
or imposed as a term or condition of conditional discharge pursuant
to section 3 of P.L. 1987, c.106 (C. 2C: 36A-1), a participant in
either program shall be required to pay an assessment of $75.
b. All assessments 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 money collected pursuant to this section shall be forwarded
to the Department of the Treasury to be deposited into the Safe
Neighborhoods Services Fund created by section 5 of this act.
L.1993, c.220, s.11.
2C:43-3.3. Additional penalties for persons convicted of crime
deposited in "Law Enforcement Officers Training and Equipment
Fund" 9. a. In addition to any disposition made pursuant to
the provisions of Title 2C of the New Jersey Statutes, any person
convicted of a crime shall be assessed a penalty of $30.
b. In addition to any other disposition made pursuant to the provisions
of section 24 of P.L. 1982, c.77 (C. 2A:4A-43) or any other statute
indicating the dispositions that may be ordered for adjudications
of delinquency, a juvenile adjudicated delinquent for an offense
which if committed by an adult would be a crime shall be assessed
a penalty of $15.
c. The penalties assessed under subsections a. and b. of this section
shall be collected as provided for the collection of fines and restitution
in section 3 of P.L. 1979, c.396 (C. 2C:46-4) and forwarded to the
State Treasury for deposit in a separate account to be known as
the "Law Enforcement Officers Training and Equipment Fund."
The penalty assessed in this section shall be collected only after
a penalty assessed in section 2 of P.L. 1979, c.396 (C. 2C:43-3.1)
and any restitution ordered is collected.
The fund shall be used to support the development and provision
of basic and in-service training courses for law enforcement officers
by police training schools approved pursuant to P.L. 1961, c.56
(C. 52:17B-66 et seq.). In addition, the fund shall also be used
to enable police training schools to purchase equipment needed for
the training of law enforcement officers. Distributions from the
fund shall only be made directly to such approved schools.
d. The Police Training Commission in the Department of Law and
Public Safety shall be responsible for the administration and distribution
of the fund pursuant to its authority under section 6 of P.L. 1961,
c.56 (C. 52:17B-71).
e. An adult prisoner of a State correctional institution who does
not pay the penalty imposed pursuant to this section shall have
the penalty deducted from any income the inmate receives as a result
of labor performed at the institution or any type of work release
program. If any person, including an inmate, fails to pay the penalty
imposed pursuant to this section, the court may order the suspension
of the person's driver's license or nonresident reciprocity privilege,
or prohibit the person from receiving or obtaining a license until
the assessment is paid. The court shall notify the Director of the
Division of Motor Vehicles of such an action. Prior to any action
being taken pursuant to this subsection, the person shall be given
notice and a hearing before the court to contest the charge of the
failure to pay the assessment.
L.1996, c.115, s.9.
2C:43-3.4 Restitution for extradition costs.
4. In addition to any fine or restitution authorized by N.J.S.
2C:43-3, the court may sentence a defendant to make restitution
for costs incurred by any law enforcement entity in extraditing
the defendant from another jurisdiction if the court finds that,
at the time of the extradition, the defendant was located in the
other jurisdiction in order to avoid prosecution for a crime committed
in this State or service of a criminal sentence imposed by a court
of this State.
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