Fines and Restitution as Sentence Allowed: Limited

A person who has been convicted of an offense may be sentenced to pay a fine or to make restitution not exceeding: (a) Ten Thousand Dollars ($10,000.00), when the conviction is of a felony of the first or second degree; (b) Five Thousand Dollars ($5,000.00), when the conviction is of a felony of the third degree; (c) One Thousand Dollars ($1,000.00), when the conviction is of a misdemeanor; (d) Five Hundred Dollars ($500.00), when the conviction is of a petty misdemeanor or violation; (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 the property derived by the offender and the term “loss” means the amount of value separated from the victim; (f) Any amount specifically authorized by statute. The restitution ordered paid to the victim shall not exceed his loss. SOURCE: G.P.C. § 19; M.P.C. § 6.03; Cal. § 325 (1971); Mass. ch. 264, § 15; *N.J. 2C:23-3. CROSS-REFERENCES: II N.J. Criminal Law Revision Commission. N.J. Penal Code 315 (Final Report 1971). COURT DECISIONS: SUPER.CT. 1981 Defendants Stinson, Hartsock and the Guam Federation of Teachers are guilty of contempt of court in that they have encouraged, aided and taken part in a strike against the government of Guam, all as shown beyond a reasonable doubt in evidence presented before the court. People v. Guam Federation of Teachers et al., Civil Case #6-81. COMMENT: Section 80.50 presents a new and welcomed provision to the Guam sentencing scheme, restitution. Under the Penal Code, restitution was not mentioned to any great degree, but was used on appropriate occasions by the court as a part of the conditions of probation. This Section, also, has eliminated any requirement that the defendant pay any or all cost of prosecution. The New Jersey Law Revision Commission felt that such requirements infringed upon the defendant’s right to trial. However, Subsection (f) would permit the cost of prosecution to be recovered in such cases as prosecution under the Internal Revenue Code, where that Code specifically provides.