.
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 penalties or to make
restitution 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 Board,
the motion of the State or county Office of Victim and Witness Advocacy
or upon its own motion, the court shall recall him, or issue a summons
or a warrant of arrest for his 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 shall:
(a)Order the suspension of the drivers license or the nonresident reciprocity driving privilege of the person; and
(b)Prohibit
the person from obtaining a drivers license or exercising reciprocity
driving privileges until the person has made all past due payments; and
(c)Notify the Chief Administrator of the New Jersey Motor Vehicle Commission of the action taken; and
(d)Take such other actions as may be authorized by law.
(2)If
the court finds that the person defaulted on payment of a court imposed
financial obligation without good cause and finds that the default was
willful, the court may, in addition to the action required by paragraph
(1) of this subsection a., 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. 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 in such case 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 $20.00 of the fine nor 40 days if the fine was imposed
upon conviction of a disorderly persons offense nor 25 days for a petty
disorderly persons offense nor one year in any other case, whichever is
the shorter period. 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 this
subsection a., if the court finds that the person has defaulted the
court shall take appropriate action to modify or establish a reasonable
schedule for payment, and, 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.
(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 pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), 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),
or other financial penalties or to perform enforced community service or
to participate in a labor assistance program is determined to be
willful, the failure to do so shall be considered to be contumacious.
(5)When
a fine, assessment imposed pursuant to section 2 of P.L.1979, c.396
(C.2C:43-3.1), other financial penalty or restitution is imposed on a
corporation, it is the duty of the person or persons authorized to make
disbursements from the assets of the corporation or association to pay
it from such assets and their failure so to do may be held to be
contumacious.
b.Upon
any default in the payment of a fine, assessment imposed pursuant to
section 2 of P.L.1979, c.396 (C.2C:43-3.1), monthly probation fee, a
penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), 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),
other financial penalties, restitution, or any installment thereof,
execution may be levied and such other measures may be taken for
collection of it or the unpaid balance thereof as are authorized for the
collection of an unpaid civil judgment entered against the defendant in
an action on a debt.
c.Upon
any default in the payment of restitution or any installment thereof,
the victim entitled to the payment may institute summary collection
proceedings authorized by subsection b. of this section.
d.Upon
any default in the payment of an assessment imposed pursuant to section
2 of P.L.1979, c.396 (C.2C:43-3.1) or any installment thereof, the
Victims of Crime Compensation Board or the party responsible for
collection may institute summary collection proceedings authorized by
subsection b. of this section.
e.When
a defendant sentenced to make restitution to a public entity other than
the Victims of Crime Compensation Board, defaults in the payment
thereof or any installment, the court may, in lieu of other modification
of the sentence, order the defendant to perform work in a labor
assistance program or enforced community service program.
f.If
a defendant ordered to participate in a labor assistance program or
enforced community service program fails to report for work or to
perform the assigned work, the comprehensive enforcement hearing officer
may revoke the work order and impose any sentence permitted as a
consequence of the original conviction.
g.If
a defendant ordered to participate in a labor assistance program or an
enforced community service program pays all outstanding assessments, the
comprehensive enforcement hearing officer may review the work order,
and modify the same to reflect the objective of the sentence.
h.As used in this section:
(1)Comprehensive
enforcement program means the program established pursuant to the
Comprehensive Enforcement Program Fund Act, P.L.1995, c.9 (C.2B:19-1 et
seq.).
(2)The
terms labor assistance program and enforced community service have the
same meaning as those terms are defined in section 5 of the
Comprehensive Enforcement Program Fund Act, P.L.1995, c.9 (C.2B:19-5).
(3)Public
entity means the State, any county, municipality, district, public
authority, public agency and any other political subdivision or public
body in the State.
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