New Jersey S 3126: Increases amount of credit for incarceration resulting from default of court-imposed financial obligation or motor vehicle penalty.

Bill Text

S3126 

SENATE, No. 3126 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

SYNOPSIS

���� Increases amount of credit for incarceration 
resulting from default of court-imposed financial obligation or motor vehicle 
penalty.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning fines, assessments, fees, and penalties and 
amending N.J.S.2C:46-2 and R.S.39:5-36.

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

���� 1.��� N.J.S.2C:46-2 is amended 
to read as follows:

���� 2C:46-2�� Consequences of 
nonpayment; summary collection.

���� a.���� 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 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), monthly probation fee, fine, a penalty imposed pursuant to 
section 1 of P.L.1999, c.295 (C.2C:43-3.5), other court-imposed financial 
obligations or to make restitution or pay child support or other support or 
maintenance ordered by a court defaults in the payment thereof or of any 
installment, upon the motion of the person authorized by law to collect the 
payment, the motion of the prosecutor, the motion of the victim entitled to 
payment of restitution, the motion of the Victims of Crime Compensation Office, 
the motion of the State or county Office of Victim and Witness Advocacy or upon 
its own motion, the court shall recall the defendant, or issue a summons or a 
warrant of arrest for the defendant's appearance.� The court shall afford the 
person notice and an opportunity to be heard on the issue of default.� Failure 
to make any payment when due shall be considered a default.� The standard of 
proof shall be by a preponderance of the evidence, and the burden of 
establishing good cause for a default shall be on the person who has defaulted.

���� (1)�� If the court finds that 
the person has defaulted without good cause, the court may:

���� (a)�� order the suspension of 
the driver's license or the nonresident reciprocity driving privilege of the 
person; or

���� (b)�� prohibit the person from 
obtaining a driver's license or exercising reciprocity driving privileges until 
the person has made all past due payments; or

���� (c)�� take any other actions 
authorized by law. 

���� The court shall notify the 
Chief Administrator of the New Jersey Motor Vehicle Commission of the action 
taken pursuant to this paragraph.

���� (2)�� If the court finds that 
the person defaulted on payment of a court-imposed financial obligation, 
restitution, or child support or other support or maintenance ordered by a 
court without good cause and finds that the default was willful, the court may, 
in addition to the action authorized by paragraph (1) of subsection a. of this 
section, impose a term of imprisonment or participation in a labor assistance 
program or enforced community service to achieve the objective of the 
court-imposed financial obligation, restitution, or child support or other 
support or maintenance ordered by a court. These options shall not reduce the 
amount owed by the person in default.� The term of imprisonment or enforced 
community service or participation in a labor assistance program shall be 
specified in the order of commitment. It need not be equated with any 
particular dollar amount but, in the case of a fine it shall not exceed one day 
for each $50 of the fine nor shall it exceed a period of 90 consecutive days. 
In no case shall the total period of imprisonment in the case of a disorderly 
persons offense for both the sentence of imprisonment and for failure to pay a 
fine exceed six months.

���� (3)�� Except where 
incarceration is ordered pursuant to paragraph (2) of subsection a. of this 
section, if the court finds that the person has defaulted the court may take 
one or more of the following actions:

���� (a)�� the court shall take 
appropriate action to modify or establish a reasonable schedule for payment; 

���� (b)�� in the case of a fine, 
if the court finds that the circumstances that warranted the fine have changed 
or that it would be unjust to require payment, the court may revoke or suspend 
the fine or the unpaid portion of the fine; or

���� (c)�� if the defendant has 
served jail time for default on a court-imposed financial obligation, the court 
may order that credit for each day of confinement be given against the amount 
owed. The amount of the credit shall be determined at the discretion of the 
court but shall be not less than [$50] $90 
for each day of confinement served. 

���� (4)�� When failure to pay an 
assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), 
monthly probation fee, restitution, a penalty imposed