Title 2C, Title 2C: THE NEW JERSEY CODE OF CRIMINAL JUSTICE

2C:43-13 Supervisory treatment procedure. 2C:43-13. Supervisory Treatment Procedure. a. Agreement. The terms and duration of the supervisory treatment shall be set forth in writing, signed by the prosecutor and agreed to and signed by the participant. Payment of the assessment re…

2C:43-13.1 Eligibility, application. 1. Eligibility and Application. a. Whenever any defendant who has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and…

2C:43-13.2 Court approval of defendant's participation in conditional dismissal program. 2. Court Approval of Defendant's Participation in Conditional Dismissal Program. After considering the eligibility criteria set forth in section 1 of P.L.2013, c.158 (C.2C:43-13.1), the defen…

2C:43-13.3 Extension of conditional dismissal term. 3. Extension of Conditional Dismissal Term. A defendant may apply to the court for an extension of a term of conditional dismissal pursuant to the provisions of P.L.2013, c.158 (C.2C:43-13.1 et al.) to allow sufficient time to p…

2C:43-13.4 Violation of terms prior to dismissal. 4. Violation of Terms Prior To Dismissal. If a defendant who is participating in the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) is convicted of any petty disorderly persons offense,…

2C:43-13.5 Dismissal. 5. Dismissal. If, at the end of the term of the conditional dismissal, the defendant has not been convicted of any subsequent petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other st…

2C:43-13.6 Effect of dismissal. 6. Effect of Dismissal. The conditional dismissal of petty disorderly persons or disorderly persons offenses granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for purposes of disqualifications or disabilitie…

2C:43-13.7 Limitation. 7. Limitation. A conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall be granted only once with respect to any defendant. L.2013, c.158, s.7.

2C:43-13.8 Conditional dismissal assessment, restitution and other assessments. 8. Conditional Dismissal Assessment, Restitution and Other Assessments. A defendant applying for admission to the conditional dismissal program pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall …

2C:43-13.9 "Municipal Court Diversion Fund." 9. a. There is established within the General Fund a dedicated, non-lapsing fund to be known as the "Municipal Court Diversion Fund," which shall be administered by the Administrative Office of the Courts. b. The fund shall be the depo…

2C:43-14. Authority of supreme court The Supreme Court may adopt rules dealing with Supervisory Treatment in accordance with procedures herein set forth. L.1978, c. 95, s. 2C:43-14, eff. Sept. 1, 1979.

2C:43-15. Presentation of proposed rules at judicial conference 2C:43-15. The subject matter and a tentative draft of a rule or rules proposed to be adopted pursuant to this chapter shall be entered upon the agenda and discussed at a Judicial Conference whose membership shall at …

2C:43-16. Public announcement of proposed rules; delivery of copies The proposed rule or rules shall be publicly announced by the Supreme Court on September 15 next following such Judicial Conference (or, if such day be a Saturday, Sunday or legal holiday, on the first day therea…

2C:43-17. Effective date of rules; rules subject to cancellation by joint resolution The rule or rules so announced and delivered shall take effect on July 1 next following; provided, however, that all such rules shall remain subject to cancellation at any time up to such effecti…

2C:43-18. Change or cancellation of rules by statute or adoption of subsequent rules Any rule or rules so proposed or adopted shall be subject to change or cancellation at any time by statute or by a subsequent rule adopted pursuant to this chapter. L.1978, c. 95, s. 2C:43-18, ef…

2C:43-19. Adoption of rules at such time, or with such effective date, or without presentation at judicial conference, as may be provided in joint resolution By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular rul…

2C:43-2 Sentence in accordance with code; authorized dispositions. 2C:43-2. a. Except as otherwise provided by this code, all persons convicted of an offense or offenses shall be sentenced in accordance with this chapter. b. Except as provided in subsection a. of this section and…

2C:43-2.1. Motor vehicle theft or unlawful taking; restitution A person who is convicted of an offense involving the theft or unlawful taking of a motor vehicle, in addition to any other fine, penalty, or restitution which may be imposed by law, is liable to the owner of the moto…

2C:43-2.2 Issuance of court order requiring serological tests. 4. a. In addition to any other disposition made pursuant to law, a court shall order a person convicted of, indicted for or formally charged with, or a juvenile charged with delinquency or adjudicated delinquent for a…

2C:43-2.3. Orders for certain serological testing required under certain circumstances 7. a. In addition to any other disposition made pursuant to law, a court shall order a person convicted of, indicted for or formally charged with a criminal offense, a disorderly persons offens…

2C:43-2.4 Authority to impound motor vehicles. 1. a. Any law enforcement agency is authorized to impound: (1) a motor vehicle in which a violation of subsection a., d., or f. of N.J.S.2C:39-5 was committed; (2) a motor vehicle in which possession of a handgun, rifle, or shotgun f…

2C:43-20. Reduction or elimination of time during which rules may be canceled by joint resolution By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular rule or rules therein specified, the period of time as provided…

2C:43-21. Index and reports a. Index. The Administrative Director of the Courts shall establish and maintain an index of cases in which applications for supervisory treatment have been made and such index shall indicate the dispositions of those applications. b. Reports. At the t…

2C:43-22. Disclaimer Nothing contained in this act is intended to supersede, repeal or modify the authority granted and procedure prescribed under section 27 of P.L.1970, c. 226 (C. 24:21-27). L.1978, c. 95, s. 2C:43-22, eff. Sept. 1, 1979.

2C:43-23 Definitions relative to offenders who are veterans or servicemembers. 1. As used in this act, P.L.2017, c.42 (C.2C:43-23 et al.): a. "Servicemember" means any veteran or enlisted person or officer of the United States Armed Forces, or a reserve component thereof, or the …

2C:43-24 Statewide Veterans Diversion Program. 2. a. There is hereby established a Statewide Veterans Diversion Program that shall have the purpose of diverting eligible servicemembers away from the criminal justice system and into appropriate case management and mental health se…

2C:43-25 Determination of eligibility. 3. a. When a person is taken into custody for an eligible offense, the responding law enforcement officer shall inquire as to whether the person is a servicemember or has ever served in the military services of the United States. If the law …

2C:43-26 Application to participate in Veterans Diversion Program. 4. a. At any time after the filing of a criminal complaint, but prior to the disposition of such complaint, an eligible servicemember, the public defender assigned to the eligible servicemember, or the servicememb…

2C:43-27 Construction of act. 5. Nothing in P.L.2017, c.42 (C.2C:43-23 et al.) shall be construed to limit or constrain in any way the authority or discretion of a prosecutor to divert, prosecute or pursue any other disposition of a criminal matter involving a defendant who is a …

2C:43-28 Development of differentiated mental health supervision case type. 6. The Administrative Director of the Courts shall develop a differentiated mental health supervision case type within the Probation Division of the Superior Court for eligible servicemembers who are sent…

2C:43-29 Annual report to Governor, Legislature. 12. The Attorney General, in cooperation with the Administrative Director of the Courts, shall prepare an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the …

2C:43-3 Fines and restitutions 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,…

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 enforceme…

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) I…

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…

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 th…

2C:43-3.5 Additional penalty for certain offenses. 1. a. 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 for a viol…

2C:43-3.6 Additional penalty for sex offense for deposit in Sexual Assault Nurse Examiner Program Fund. 11. a. In addition to any fine, fee, assessment or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of a sex offense, as defin…

2C:43-3.7 Surcharge for certain sexual offenders to fund grants, programs, certain. 51. In addition to any other penalty, fine or charge imposed pursuant to law, a person convicted of an act of aggravated sexual assault or sexual assault under N.J.S.2C:14-2, or aggravated crimina…

2C:43-3.8 Offenses involving computer criminal activities; penalties; "Computer Crime Prevention Fund." 1. a. In addition to any disposition authorized by this Title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions tha…

2C:43-30 Collaboration with the United States Department of Veterans Affairs. 14. The Attorney General, the Administrative Director of the Courts, the Commissioner of the Department of Corrections, and the Chairman of the State Parole Board shall collaborate with representatives …

2C:43-31 Information published on websites. 15. The Attorney General, the Administrative Director of the Courts, and the Adjutant General of the Department of Military and Veterans' Affairs shall publish on their respective websites information regarding diversion programs and go…

2C:43-32 Findings, declarations. 1. The Legislature finds and declares that, to facilitate the expansion and growth of programming for individuals with mental disorders who, due to their mental health issues, engage in conduct that results in involvement in the criminal justice s…

2C:43-33 Definitions. 2. As used in this act: "Eligible offense" means a crime of the third or fourth degree that does not involve violence or the threat of violence. A crime or offense does not involve violence or threat of violence if none of the following apply: the victim sus…

2C:43-34 Statewide Mental Health Diversion Program, parameters, initial implementation. 3. a. (1) There is hereby established a Statewide Mental Health Diversion Program that shall have the purpose of diverting certain persons away from the criminal justice system and into approp…

2C:43-35 Mental Health Diversion Program, leader, Superior Court judge, duties. 4. The program leader in a selected vicinage shall be a judge of the Superior Court who shall preside over all participant appearances, regularly held Mental Health Diversion Team meetings, and all re…