New Jersey's New Conditional Dismissal Law A-3598

Originally published by the New Jersey State Legislature (Bill A-3598) here.

Republished by Jeffery Hark

To download the official document in PDF form, click here.

ASSEMBLY, No. 3598

STATE OF NEW JERSEY

215th LEGISLATURE
INTRODUCED DECEMBER 13, 2012

Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman HOLLY SCHEPISI
District 39 (Bergen and Passaic)

Co-Sponsored by:
Assemblymen C.A.Brown, Eustace, Diegnan, Coughlin, Senators Turner,
Scutari, Bateman, Pou and Whelan

SYNOPSIS
Establishes conditional dismissal program in municipal court.

CURRENT VERSION OF TEXT
As introduced.

(Sponsorship Updated As Of: 6/28/2013)

A3598 GUSCIORA, BRAMNICK
2

EXPLANATION – Matter enclosed in bold-faced brackets thus in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.

1 AN ACT concerning municipal court diversion programs, amending
2 various parts of the statutory law and supplementing Title 2C of
3 the New Jersey Statutes.
4
5 BE IT ENACTED by the Senate and General Assembly of the State
6 of New Jersey:
7
8 1. (New section) a. Eligibility and Application. Whenever any
9 defendant who has not been previously convicted of any petty
10 disorderly persons offense, disorderly persons offense or crime
11 under any law of the United States, this State or any other state, and
12 who has not previously participated in conditional discharge under
13 N.J.S.2C:36A-1, supervisory treatment under N.J.S.2C:43-12, or
14 conditional dismissal under P.L. , c. (C. ) (pending before the
15 Legislature as this bill), is charged with a petty disorderly offense
16 or disorderly persons offense except as provided in subsection b. of
17 this section, the defendant may, after a plea of guilty or a finding of
18 guilt, but prior to the entry of a judgment of conviction and with
19 appropriate notice to the prosecutor, apply to the court for entry into
20 the conditional dismissal program pursuant to the requirements of
21 P.L. , c. (C. ) (pending before the Legislature as this bill). As
22 a condition of such application, the defendant shall submit to the
23 fingerprint identification procedures as provided in R.S.53:1-15
24 before making such application to the court to allow sufficient time
25 for verification of the defendant’s criminal history by the
26 prosecutor.
27 b. (1) A defendant shall not be eligible for participation in the
28 conditional dismissal program if the offense for which the person is
29 charged involved: (a) organized criminal or gang activity; (b) a
30 continuing criminal business or enterprise; (c) a breach of the public
31 trust by a public officer or employee; (d) domestic violence as
32 defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-
33 19); (e) an offense against an elderly, disabled or minor person; (f)
34 an offense involving driving or operating a motor vehicle while
35 under the influence of alcohol, intoxicating liquor, narcotic,
36 hallucinogenic or habit-producing drug; (g) a violation of animal
37 cruelty laws; or (h) any disorderly persons offense or petty
38 disorderly persons offense under chapter 35 or 36 of Title 2C.
39 (2) Nothing in this act shall preclude a defendant charged with
40 any disorderly persons offense or petty disorderly persons offense
41 under chapter 35 or 36 of Title 2C from applying to the court for
42 admission into the conditional discharge program in accordance
43 with N.J.S.2C:36A-1.
44 c. In addition to the eligibility criteria enumerated in this
45 section, the court shall consider the following factors:

A3598 GUSCIORA, BRAMNICK
3

1 (1) The nature and circumstances of the offense;
2 (2) The facts surrounding the commission of the offense;
3 (3) The motivation, age, character and attitude of the defendant;
4 (4) The desire of the complainant or victim to forego
5 prosecution;
6 (5) The needs and interests of the victim and the community;
7 (6) The extent to which the defendant’s offense constitutes part
8 of a continuing pattern of anti-social behavior;
9 (7) Whether the offense is of an assaultive or violent nature,
10 whether in the act itself or in the possible injurious consequences of
11 such behavior;
12 (8) Whether the applicant’s participation will adversely affect
13 the prosecution of codefendants;
14 (9) Whether diversion of the defendant from prosecution is
15 consistent with the public interest; and
16 (10) Any other factors deemed relevant by the court.
17
18 2. (New section) Court Approval of Defendant’s Participation
19 in Conditional Dismissal Program. After considering the eligibility
20 criteria set forth in section 1 of P.L. , c. (C. ) (pending before
21 the Legislature as this bill), the defendant’s criminal history and the
22 municipal prosecutor’s recommendation, the court may, without
23 entering a judgment of conviction, and after proper reference to the
24 State Bureau of Identification criminal history record information
25 files, approve the defendant’s participation in the conditional
26 dismissal program established pursuant to P.L. , c. (C. )
27 (pending before the Legislature as this bill) and place the defendant
28 under a probation monitoring status for a period of one year. The
29 court may also impose financial obligations and other terms and
30 conditions in accordance with P.L. , c. (C. ) (pending before
31 the Legislature as this bill). Where the court approves a defendant’s
32 participation in the conditional dismissal program over the
33 municipal prosecutor’s objection, the order approving the
34 defendant’s participation in the program shall be a final order but
35 upon request of the municipal prosecutor shall be stayed for a
36 period of 10 days in order to permit the prosecutor to appeal such
37 order to the Superior Court.
38
39 3. (New section) Extension of Conditional Dismissal Term. A
40 defendant may apply to the court for an extension of a term of
41 conditional dismissal pursuant to the provisions of P.L. ,
42 c. (C. ) (pending before the Legislature as this bill) to allow
43 sufficient time to pay financial obligations imposed by the court. A
44 judge may also extend a defendant’s conditional dismissal term for
45 good cause.
46
47 4. (New section) Violation of Terms Prior To Dismissal. If a
48 defendant who is participating in the conditional dismissal program

A3598 GUSCIORA, BRAMNICK
4

established pursuant to P.L. , c. (C. ) 1 (pending before the
2 Legislature as this bill) is convicted of any petty disorderly persons
3 offense, disorderly persons offense or crime under any law of the
4 United States, this State or any other state, or otherwise fails to
5 comply with the terms and conditions imposed by the court, the
6 court may enter a judgment of conviction and impose a fine,
7 penalty, or other assessment which may be imposed by the court in
8 accordance with the defendant’s prior plea of guilty or finding of
9 guilt.
10
11 5. (New section) Dismissal. If, at the end of the term of the
12 conditional dismissal, the defendant has not been convicted of any
13 subsequent petty disorderly persons offense, disorderly persons
14 offense or crime under any law of the United States, this State or
15 any other state, and has complied with any other terms and
16 conditions imposed by the court, the court may terminate the
17 probation monitoring and dismiss the proceedings against the
18 defendant.
19
20 6. (New section) Effect of Dismissal. The conditional
21 dismissal of petty disorderly persons or disorderly persons offenses
22 granted pursuant P.L. , c. (C. ) (pending before the
23 Legislature as this bill) shall not be deemed a conviction for
24 purposes of disqualifications or disabilities, if any, imposed by law
25 upon conviction of a petty disorderly persons or disorderly persons
26 offense but shall be reported to the State Bureau of Identification
27 criminal history record information files for purposes of
28 determining future eligibility or exclusion from court diversion
29 programs. A conditional dismissal granted pursuant to P.L. , c.
30 (C. )(pending before the Legislature as this bill) shall not be
31 deemed a conviction for the purposes of determining whether a
32 second or subsequent offense has occurred under any law of this
33 State.
34
35 7. (New section) Limitation. A conditional dismissal pursuant
36 to P.L. , c. (C. ) (pending before the Legislature as this bill)
37 shall be granted only once with respect to any defendant.
38
39 8. (New section) Conditional Dismissal Assessment,
40 Restitution and Other Assessments. A defendant applying for
41 admission to the conditional dismissal program pursuant to P.L. ,
42 c. (C. ) (pending before the Legislature as this bill) shall pay to
43 the court an application fee of $75 which, upon collection, shall be
44 deposited into the “Municipal Court Diversion Fund” established
45 pursuant to section 9 of P.L. , c. (C. ) (pending before the
46 Legislature as this bill). Monies in the fund shall be used to defray
47 the cost of intake and monitoring services related to the defendant’s
48 participation in the conditional dismissal program as provided by

A3598 GUSCIORA, BRAMNICK
5

the Probation D 1 ivision of the Superior Court. If admitted into the
2 program, the defendant shall be required to pay any restitution,
3 costs, and other mandatory assessments that would have been
4 imposed by law for a conviction of the offense charged.
5 A municipal court judge may impose an assessment, based on the
6 nature of the offense and the character of the defendant, that shall
7 not exceed the amount of a fine that would have been imposed for
8 conviction of the offense charged. Such assessment shall be
9 distributed in the same manner as a fine for the offense charged. A
10 defendant shall be advised of these financial conditions prior to
11 seeking entry into the program.
12 A defendant may apply for a waiver of the fee, by reason of
13 poverty, pursuant to the Rules Governing the Courts of the State of
14 New Jersey, or the court may permit the defendant to pay the
15 conditional dismissal fee and other assessments in installments or
16 may order other alternatives pursuant to section 1 of P.L.2009,
17 c.317 (C.2B:12-23.1).
18
19 9. (New section) a. There is established within the General
20 Fund a dedicated, non-lapsing fund to be known as the “Municipal
21 Court Diversion Fund,” which shall be administered by the
22 Administrative Office of the Courts.
23 b. The fund shall be the depository of $75 application fee
24 collected pursuant to section 8 of P.L. , c. (C. ) (pending
25 before the Legislature as this bill) for admission to the conditional
26 dismissal program established pursuant to P.L. , c. (C. )
27 (pending before the Legislature as this bill).
28 c. Monies in the fund shall be used to offset the cost of the
29 intake and monitoring services for defendants diverted from
30 municipal court prosecution for petty disorderly persons and
31 disorderly persons offenses under conditional dismissal pursuant to
32 P.L. , c. (C. ) (pending before the Legislature as this bill).
33
34 10. N.J.S.2C:36A-1 is amended to read as follows:
35 2C:36A-1. Conditional discharge for certain first offenses ;
36 expunging of records. a. Whenever any person who has not
37 previously been convicted of any offense under section 20 of
38 P.L.1970, c.226 (C.24:21-20), or a disorderly persons or petty
39 disorderly persons offense defined in chapter 35 or 36 of this title
40 or, subsequent to the effective date of this title, under any law of the
41 United States, this State or any other state relating to marijuana, or
42 stimulant, depressant, or hallucinogenic drugs, and who has not
43 previously participated in a program of supervisory treatment
44 pursuant to N.J.S.2C:43-12 or conditional dismissal pursuant to
45 P.L. , c. (C. ) (pending before the Legislature as this bill) is
46 charged with or convicted of any disorderly persons offense or petty
47 disorderly persons offense under chapter 35 or 36 of this title, the

A3598 GUSCIORA, BRAMNICK
6

court upon notice t 1 o the prosecutor and subject to subsection c. of
2 this section, may on motion of the defendant or the court:
3 (1) Suspend further proceedings and with the consent of the
4 person after reference to the State Bureau of Identification criminal
5 history record information files, place him under supervisory
6 treatment upon such reasonable terms and conditions as it may
7 require; or
8 (2) After plea of guilty or finding of guilty, and without entering
9 a judgment of conviction, and with the consent of the person after
10 proper reference to the State Bureau of Identification criminal
11 history record information files, place him on supervisory treatment
12 upon reasonable terms and conditions as it may require, or as
13 otherwise provided by law.
14 b. In no event shall the court require as a term or condition of
15 supervisory treatment under this section, referral to any residential
16 treatment facility for a period exceeding the maximum period of
17 confinement prescribed by law for the offense for which the
18 individual has been charged or convicted, nor shall any term of
19 supervisory treatment imposed under this subsection exceed a
20 period of three years. If a person is placed under supervisory
21 treatment under this section after a plea of guilty or finding of guilt,
22 the court as a term and condition of supervisory treatment shall
23 suspend the person’s driving privileges for a period to be fixed by
24 the court at not less than six months or more than two years unless
25 the court finds compelling circumstances warranting an exception.
26 For the purposes of this subsection, compelling circumstances
27 warranting an exception exist if the suspension of the person’s
28 driving privileges will result in extreme hardship and alternative
29 means of transportation are not available. In the case of a person
30 who at the time of placement under supervisory treatment under this
31 section is less than 17 years of age, the period of suspension of
32 driving privileges authorized herein, including a suspension of the
33 privilege of operating a motorized bicycle, shall commence on the
34 day the person is placed on supervisory treatment and shall run for a
35 period as fixed by the court of not less than six months or more than
36 two years after the day the person reaches the age of 17 years.
37 If the driving privilege of a person is under revocation,
38 suspension, or postponement for a violation of this title or Title 39
39 of the Revised Statutes at the time of the person’s placement on
40 supervisory treatment under this section, the revocation, suspension
41 or postponement period imposed herein shall commence as of the
42 date of the termination of the existing revocation, suspension or
43 postponement. The court which places a person on supervisory
44 treatment under this section shall collect and forward the person’s
45 driver’s license to the New Jersey Motor Vehicle Commission and
46 file an appropriate report with the commission in accordance with
47 the procedure set forth in N.J.S.2C:35-16. The court shall also
48 inform the person of the penalties for operating a motor vehicle

A3598 GUSCIORA, BRAMNICK
7

1 during the period of license suspension or postponement as required
2 in N.J.S.2C:35-16.
3 Upon violation of a term or condition of supervisory treatment
4 the court may enter a judgment of conviction and proceed as
5 otherwise provided, or where there has been no plea of guilty or
6 finding of guilty, resume proceedings. Upon fulfillment of the terms
7 and conditions of supervisory treatment the court shall terminate the
8 supervisory treatment and dismiss the proceedings against him.
9 Termination of supervisory treatment and dismissal under this
10 section shall be without court adjudication of guilt and shall not be
11 deemed a conviction for purposes of disqualifications or
12 disabilities, if any, imposed by law upon conviction of a crime or
13 disorderly persons offense but shall be reported by the clerk of the
14 court to the State Bureau of Identification criminal history record
15 information files. Termination of supervisory treatment and
16 dismissal under this section may occur only once with respect to
17 any person. Imposition of supervisory treatment under this section
18 shall not be deemed a conviction for the purposes of determining
19 whether a second or subsequent offense has occurred under section
20 29 of P.L.1970, c.226 (C.24:21-29), chapter 35 or 36 of this title or
21 any law of this State.
22 c. Proceedings under this section shall not be available to any
23 defendant unless the court in its discretion concludes that:
24 (1) The defendant’s continued presence in the community, or in
25 a civil treatment center or program, will not pose a danger to the
26 community; or
27 (2) That the terms and conditions of supervisory treatment will
28 be adequate to protect the public and will benefit the defendant by
29 serving to correct any dependence on or use of controlled
30 substances which he may manifest; and
31 (3) The person has not previously received supervisory
32 treatment under section 27 of P.L.1970, c.226 (C.24:21-27),
33 N.J.S.2C:43-12, or the provisions of this chapter.
34 d. A person seeking conditional discharge pursuant to this
35 section shall pay to the court a fee of $75. The court shall forward
36 all money collected under this subsection to the treasurer of the
37 county in which the court is located. This money shall be used to
38 defray the cost of juror compensation within that county which
39 shall be paid to the Treasurer of the State of New Jersey for deposit
40 in the General Fund. The defendant shall also be required to pay
41 restitution, costs and other assessments as provided by law. A
42 person may apply for a waiver of this fee, by reason of poverty,
43 pursuant to the Rules Governing the Courts of the State of New
44 Jersey. Of the moneys collected under this subsection, $30 of each
45 fee shall be deposited in the temporary reserve fund created by
46 section 25 of P.L.1993, c.275. After December 31, 1994, the $75
47 fee shall be paid to the court, for use by the State , or the court
48 may permit the defendant to pay the conditional discharge fee and

A3598 GUSCIORA, BRAMNICK
8

other assessments 1 in installments or may order other alternatives
2 pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1).
3 (cf: P.L.2008, c.84, s.1)
4
11.