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 pay to the court an application fee of $75 which,
upon collection, shall be deposited into the "Municipal Court Diversion
Fund" established pursuant to section 9 of P.L.2013, c.158 (C.2C:43-13.9).
Monies in the fund shall be used to defray the cost of intake and monitoring
services related to the defendant's participation in the conditional dismissal
program as provided by the Probation Division of the Superior Court. If
admitted into the program, the defendant shall be required to pay any
restitution, costs, and other mandatory assessments that would have been
imposed by law for a conviction of the offense charged.
A municipal court judge
may impose an assessment, based on the nature of the offense and the character
of the defendant, that shall not exceed the amount of a fine that would have
been imposed for conviction of the offense charged. Such assessment shall be
distributed in the same manner as a fine for the offense charged. A defendant
shall be advised of these financial conditions prior to seeking entry into the
program.
A defendant may apply
for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing
the Courts of the State of New Jersey, or the court may permit the defendant to
pay the conditional dismissal fee and other assessments in installments or may
order other alternatives pursuant to section 1 of P.L.2009, c.317
(C.2B:12-23.1).
