New Jersey Statutes 2C:46-1. Time and method of payment; disposition of funds
Terms Used In New Jersey Statutes 2C:46-1
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. When a defendant is sentenced to pay an assessment pursuant to section 2 of P.L.1979, c.396 (C. 2C:43-3.1), a fine, a penalty imposed pursuant to N.J.S.2C:35-15, a forensic laboratory fee imposed pursuant to N.J.S.2C:35-20, a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C. 2C:43-3.5), a penalty imposed pursuant to section 11 of P.L.2001, c.81 (C. 2C:43-3.6), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C. 2C:14-10) or to make restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the assessment, fine, penalty, fee or restitution shall be payable forthwith, and the court shall file a copy of the judgment of conviction with the Clerk of the Superior Court who shall enter the following information upon the record of docketed judgments:
(1) the name of the convicted person as judgment debtor;
(2) the amount of the assessment imposed pursuant to section 2 of P.L.1979, c.396 (C. 2C:43-3.1) and the Victims of Crime Compensation Board as a judgment creditor in that amount;
(3) the amount of any restitution ordered and the name of any persons entitled to receive payment as judgment creditors in the amount and according to the priority set by the court;
(4) the amount of any fine and the governmental entity entitled to receive payment pursuant to section 3 of P.L.1979, c.396 (C. 2C:46-4);
(5) the amount of the mandatory Drug Enforcement and Demand Reduction penalty imposed;
(6) the amount of the forensic laboratory fee imposed;
(7) the amount of the penalty imposed pursuant to section 1 of P.L.1999, c.295 (C. 2C:43-3.5);
(8) the date of the order;
(9) the amount of the penalty imposed pursuant to section 11 of P.L.2001, c.81 (C. 2C:43-3.6);and
(10) the amount of the penalty imposed pursuant to section 1 of P.L.2005, c.73 (C. 2C:14-10).
b. (1) When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C. 2C:43-3.1), a fine, a penalty imposed pursuant to N.J.S.2C:35-15, a forensic laboratory fee imposed pursuant to N.J.S.2C:35-20, a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C. 2C:43-3.5), a penalty imposed pursuant to section 11 of P.L.2001, c.81 (C. 2C:43-3.6), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C. 2C:14-10) or to make restitution is also sentenced to probation, the court shall make continuing payment of installments on the assessment and restitution a condition of probation, and may make continuing payment of installments on the fine, the mandatory Drug Enforcement and Demand Reduction penalty, the mandatory penalty pursuant to section 1 of P.L.1999, c.295 (C. 2C:43-3.5), the penalty pursuant to section 11 of P.L.2001, c.81 (C. 2C:43-3.6), the mandatory penalty pursuant to section 1 of P.L.2005, c.73 (C. 2C:14-10) or the forensic laboratory fee a condition of probation.
(2) When a defendant sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C. 2C:43-3.1), a fine, a penalty imposed pursuant to N.J.S.2C:35-15, a forensic laboratory fee imposed pursuant to N.J.S.2C:35-20, a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C. 2C:43-3.5), a penalty imposed pursuant to section 11 of P.L.2001, c.81 (C. 2C:43-3.6), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C. 2C:14-10) or to make restitution is also sentenced to a custodial term in a State correctional facility, the court may require the defendant to pay installments on the assessment, penalty, fee, fine and restitution.
c. The defendant shall pay an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C. 2C:43-3.1), restitution, penalty, fee or fine or any installment thereof to the officer entitled by law to collect the payment. In the event of default in payment, such agency shall take appropriate action for its collection.
d. (1) When, in connection with a sentence of probation, a defendant is sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C. 2C:43-3.1), a fine, a penalty imposed pursuant to N.J.S.2C:35-15, a forensic laboratory fee imposed pursuant to N.J.S.2C:35-20, a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C. 2C:43-3.5), a penalty imposed pursuant to section 11 of P.L.2001, c.81 (C. 2C:43-3.6), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C. 2C:14-10) or to make restitution, the defendant, in addition, shall be sentenced to pay a transaction fee on each occasion that the defendant makes a payment or an installment payment, until the defendant has paid the full amount he is sentenced to pay. All other individuals making payments on court ordered financial obligations through the probation division shall also pay a transaction fee on each payment or installment payment. The Administrative Office of the Courts shall promulgate a transaction fee schedule for use in connection with installment payments made pursuant to this paragraph; provided, however, the transaction fee on an installment payment shall not exceed $2.00.
(2) When, in connection with a custodial sentence in a State correctional institution, a defendant is sentenced to pay an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C. 2C:43-3.1), a fine, a penalty imposed pursuant to N.J.S.2C:35-15, a forensic laboratory fee imposed pursuant to N.J.S.2C:35-20, a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C. 2C:43-3.5), a penalty imposed pursuant to section 11 of P.L.2001, c.81 (C. 2C:43-3.6), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C. 2C:14-10) or to make restitution, the defendant, in addition, shall be sentenced to pay a transaction fee on each occasion that the defendant makes a payment or an installment payment until the defendant has paid the full amount he is sentenced to pay. The Department of Corrections shall promulgate a transaction fee schedule for use in connection with installment payments made pursuant to this paragraph; provided, however, the transaction fee on an installment payment shall not exceed $1.00.
L.1978, c.95; amended 1985, c.252, s.1; 1991, c.329, s.10; 1992, c.169, s.1; 1995, c.9, s.10; 1999, c.295, s.2; 2001, c.81, s.13; 2005, c.73, s.3.