Wednesday, January 17, 2018

Directive# 33-17 (1) Revised Arraignment/ Initial Case Disposition Conference Order

Directive# 33-17 
(1) Revised Arraignment/ Initial Case Disposition Conference
Order and (2) Plea Cut-Off Exception Form December 18, 2017
This superseding Directive promulgates (1) the revised form Arraignment/Initial Case Disposition Conference Order and (2) the revised form Request to Plead Case off the Trial List as a Plea Cut-Off Exception (Plea Cut-off Exception). The two revised forms supersede the forms as originally promulgated by Directive # 6-03 ("Implementation of Criminal Division Court Event Forms").
Directive # 6-03, issued on July 22, 2003, promulgated an Arraignment/Status Conference Order form and a Plea Cut-Off Exception form. Those forms were issued in response to a series of recommendations regarding the use of standardized statewide forms in the Report of the Conference of Criminal Presiding Judges and Criminal Division Managers on Backlog Reduction (Backlog Report). That Report was approved by the Judicial Council on October 31, 2002.
(1) Arraignment/Initial Case Disposition Conference Order
The original Arraignment/Status Conference Order form was promulgated to conform with the requirements for that court proceeding in R. 3:9-1(c). Thereafter, that form order was superseded by the forms issued in the Supplements to Directive # 6-03 dated on August 20, 2010, June 26, 2013, and the May 26, 2016.1 All prior versions are superseded by the attached
Paragraph #7 was added in the August 20, 2010 order upon the recommendation of the Conference of Presiding Judges in accordance with State v. Nunez-Valdez, 200 N.J. 129, 144 (2009), in which the Supreme Court requested that the plea form instruct defendants of their right to seek legal advice regarding their immigration status. The Conference was of the view that the defendant and defense counsel should discuss potential immigration consequences early in the court process. Paragraph # 7 was added to alert defense counsel to discuss with the defendant his/her immigration status, the potential consequences of a guilty plea or conviction and the right to seek legal advice on his/her immigration status .
RichardJ.HughesJusticeComplexO POBox037°Trenton,NewJersey08625-0037
Administrative Office of the Courts
Directive# 33-17
Criminal - (1) Revised Arraignment/ Initial Case Disposition Conference Order and (2) Plea Cut-Off Exception Form Page2
Arraignment/Initial Case Disposition Conference Order form. This new version includes the following revisions recommended by the Conference of Criminal Presiding Judges: (1) the place of birth question was eliminated in paragraph 7a; and (2) "review of conditions of pretrial release" was added to the list of consequences for a failure to appear in court in paragraph 10.
(2) Plea Cut-Off Exception Form
The original form Request to Plead Case off the Trial List as a Plea Cut-Off Exception was recommended by the Conference of Presiding Judges in November 2002. It was the view of the Conference, as expressed in the Backlog Report, that the "key to a solid trial list is strict adherence to the policy established by the Supreme Court in the plea cut-off rule." R. 3:9-3(g). Only formatting revisions are being made to this form.
Attached are the revised form Arraignment/Initial Case Disposition Conference Order (Attachment 1) and the Plea Cut-Off Exception form (Attachment 2).  The June 26, 2013 order added new paragraph #7b advising defense counsel to discuss with the defendant whether he or she may be a candidate for sentencing to drug court.
The May 26, 2016 order included a series of amendments because of Criminal Justice Reform: (1) replaced "arraignment/status" conference with the "arraignment" and initial, final, and discretionary disposition conferences to conform with amendments to R. 3:9-1; (2) updated references to "monetary" bail and "conditions of pretrial release" in the defendant's status optlons; (3} added place of birth in paragraph 7a; (4} eliminated former paragraph 9, which required cases to be scheduled for trial immediately after disposition of dispositive motions, and designated former paragraph 10 on the plea cutoff date as paragraph 9; and (5} added paragraph 10 to confirm that the defendant was fingerprinted and the case was included in the defendant's criminal history.
source http://www.judiciary.state.nj.us/notices/2017/n171220i.pdf




Wednesday, January 10, 2018

2C :52-32.1 Petition for judicial determination of factual innocence for certain victims of identity theft

 1. a. Notwithstanding any other provision of law to the contrary, a person who reasonably believes that he is the victim of identity theft based on the commission of an offense under N.J.S.2C:21-1, section 1 of P.L.1983, c.565 (C.2C:21-2.1), N.J.S.2C:21-17, or section 5 or 6 of P.L.2003, c.184 (C.2C:21-17.2 or C.2C:21-17.3) may petition the court where the charge is pending or where the conviction was entered for a judicial determination of the victim's factual innocence, when:

   (1)   the perpetrator of the identity theft was arrested for, cited for, or convicted of a crime, offense, or violation of law under the victim's identity;

   (2)   a complaint for a crime, offense, or violation has been filed against the perpetrator in the victim's name; or

   (3)   the victim's identity has been mistakenly associated with a record of conviction.

   If a charge is pending, the prosecutor may petition the court for a determination of factual innocence on behalf of the victim. Any judicial determination of factual innocence made pursuant to this section may be determined, with or without a hearing, upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be part of the record by the court. Where the court determines that the petition is meritorious and that there is no reasonable cause to believe that the victim committed the crime, offense, or violation for which the perpetrator of the identity theft was arrested, cited, convicted, or subject to a complaint for a crime, offense, or violation in the victim's name, or that the victim's identity has been mistakenly associated with a record of conviction, the court shall order that the victim's name and associated personal identifying information contained in the records, files, and indexes of relevant courts, law enforcement agencies, correctional institutions, and administrative agencies which are accessible to the public be deleted, sealed, labeled to show that such data is impersonated and does not reflect the defendant's identity, or corrected by inserting in the records the name of the perpetrator, if known or ascertainable, in lieu of the victim's name. 

   The court shall distribute such order or other appropriate notice to the prosecutor and administrative agencies to which a record of conviction may have been transmitted. The prosecutor shall distribute the order or notice to the relevant law enforcement agencies and correctional institutions so that they may comply with its provisions. The court shall provide the victim with a copy of the order or other appropriate documentation to aid in the resolution of any disabilities that may result from the arrest, charge, or conviction.

   b.   A victim seeking relief under this section shall not be required to comply with the requirements of chapter 52 of Title 2C of the New Jersey Statutes, but shall proceed in accordance with the rules and procedures promulgated by the Supreme Court.

   c.   A court that determines a victim's factual innocence pursuant to this section may at any time vacate that determination if the petition, or information submitted in support of the petition, contains material misrepresentation or fraud. If the court vacates such a determination, it shall issue an order rescinding any orders made pursuant to this section.

   d.   Any relief granted pursuant to this section shall not affect a victim's eligibility to apply for an expungement for any other offense pursuant to chapter 52 of Title 2Cof the New Jersey Statutes.

   e.   Notwithstanding any other provision of law to the contrary, a petition for relief made pursuant to the provisions of this section shall not require the payment of any fee by the victim.

   f.   The Supreme Court may adopt rules and the Administrative Director of the Courts may issue directives to effectuate the purposes of this act.

   g.   The Attorney General may issue guidelines which may be necessary concerning procedures for law enforcement agencies or any other agencies in the criminal justice system to effectuate the purposes of this act.

   L.2015, c.126, s.1.

2C :52-32 Construction revised 2015

   This chapter shall be construed with the primary objective of providing relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records.

   amended 2015, c.261, s.9.

2C :52-27 Effect of expungement revised 2015

Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:

   a.   The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C :52-8b.

   b.   The fact of an expungement of prior charges which were dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any court that is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and

   c.   Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.

   amended 1981, c.290, s.45; 2015, c.261, s.8.

2C :52-24 County prosecutor's obligation to ascertain propriety of petition revised 2015

 Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court's attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief. If no disabling, adverse or relevant information is ascertained other than that as included in the petitioner's affidavit, such facts shall be communicated by the prosecutor to the court.

   amended 2015, c.261, s.7.

2C :52-21 Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing revised 2015

   Expunged records, or sealed records under prior law, of prior arrests or convictions shall be provided to any court, county prosecutor, the Probation Division of the Superior Court, the pretrial services agency, or the Attorney General when same are requested for use in conjunction with a bail hearing, pretrial release determination pursuant to sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.), for the preparation of a presentence report, or for purpose of sentencing.

   amended 2015, c.261, s.6.

2C :52-20 Use of expunged records in conjunction with supervisory treatment or diversion programs revised 2015

 Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges.  Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor, or court of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges.

   amended 2015, c.261, s.5.

2C :52-3 Disorderly persons offenses and petty disorderly persons offenses

 a.   Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, may present an expungement application to the Superior Court pursuant to this section.  Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has also been convicted of a prior or subsequent crime shall not be eligible to apply for an expungement pursuant to this section, but may present an expungement application to the Superior Court pursuant to N.J.S.2C:52-2.

   b.   Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or who has not been convicted of a disorderly persons or petty disorderly persons offense on more than two other occasions, may, after the expiration of a period of five years from the date of his most recent conviction, payment of fine, satisfactory completion of probation or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later, present an expungement application to the Superior Court in the county in which the conviction for the most recent disorderly persons or petty disorderly persons offense was adjudged, which contains a duly verified petition as provided in N.J.S.2C:52-7 for the disorderly persons or petty disorderly persons conviction sought to be expunged, and which may also contain additional duly verified petitions for no more than two other convictions for disorderly persons or petty disorderly persons offenses, praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged.  The petition for each conviction appended to an application shall comply with the requirements of N.J.S.2C:52-1 et seq.

   Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, when the court finds:

   (1)   less than five years has expired from the satisfaction of a fine, but the five-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

   (2)   at least three years have expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction. 

   In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay.

   amended 1981, c.290, s.43; 2015, c.261, s.3.

2C :45-6 Program to record, analyze recidivism of persons sentenced to probation

  2. a. The Administrative Director of the Courts shall establish a program to record and analyze the recidivism of all persons sentenced to a period of probation pursuant to N.J.S.2C:43-2 and N.J.S.2C:45-1 et seq.  The purpose of this program shall be to assist in measuring the effectiveness of the State's rehabilitation initiatives and programs.

   b.   The program shall record data regarding types of crimes committed by offenders that result in a sentence of probation, the arrests for all offenses committed by probationers within three years following their sentence of probation and any convictions resulting from the arrests, crimes committed while on probation, the number of repeat offenders and the number of probationers concurrently serving a parole sentence.  These data shall be analyzed to determine whether the rates and nature of rearrests and convictions differ according to the criminal histories and personal characteristics of probationers, the treatment they received during the period of probation, participation and involvement in rehabilitation initiatives and programs, and such other factors as may be relevant to the purposes of this section, including, but not limited to, race, gender, ethnicity, and age.

   c.   The Administrative Director of the Courts shall prepare and disseminate to the public annual reports summarizing the recidivism rates, patterns, and other findings and analyses resultant of the information gathered pursuant to this section.  These reports shall include summaries of the treatment received by the probationers and shall make recommendations concerning the effectiveness of the rehabilitation initiatives and programs.  These reports shall be available to the general public and shall not contain personally identifying information.  To facilitate the accessibility of these reports to the general public, the administrative director shall, to the greatest extent possible, utilize the Internet.

   d.   The Administrative Director of the Courts shall annually prepare and transmit to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the reports prepared, along with any recommendations the Administrative Office of the Courts may have for legislation to improve the effectiveness of the State's rehabilitation initiatives and programs.

   L.2015, c.144, s.2.

2C :45-5 Medication-assisted treatment

 2.   In the case of a person who is sentenced to probation in accordance with N.J.S.2C:45-1, and who is ordered by the court as a condition of probation to undergo treatment for a substance use disorder involving drugs or alcohol, the temporary or continued management of a person's drug or alcohol dependency by means of medication-assisted treatment as defined herein, whenever supported by a report from the treatment provider of existing satisfactory progress and reasonably predictable long-term success with or without further medication-assisted treatment, the person's use of the medication-assisted treatment, even if continuing, shall not be the basis to constitute a failure to complete successfully the treatment program. 

   As used in this section, the term "medication-assisted treatment" means the use of any medications approved by the federal Food and Drug Administration to treat substance use disorders, including extended-release naltrexone, methadone, and buprenorphine, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.

   L.2015, c.93, s.2.