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State v. Rosenman

Decided: February 8, 1982.

STATE OF NEW JERSEY, PLAINTIFF,
v.
JOHN ROSENMAN, DEFENDANT



On appeal from final decision of the New Jersey State Parole Board.

Allcorn and Francis.

Per Curiam

[183 NJSuper Page 139] Implicated in this appeal is whether a fine imposed upon Jack Rosenman, an inmate in a State correctional facility, to be paid as a condition of parole, should be collected by the Bureau of Parole (Department of Corrections) and paid over to the State Treasury. In directing the inmate to make such payment the Department relied upon N.J.S.A. 2C:46-4 (Fines Act) and N.J.S.A. 30:4-123.59(g), (h) (Parole Act of 1979). Appellant,*fn1 Monmouth County, challenges the action of the Parole Board in ordering the fine paid to the Bureau of Parole, contending that since the fine was imposed at the county level prior to the passage of the above provisions, the fine should be collected by

the county probation office and paid over to the county treasurer. We disagree and affirm the action of the Department of Corrections.

N.J.S.A. 30:4-123.59(g), (h), the pertinent part of the Parole Act of 1979, provides:

g. If the [State Parole] board has granted parole to any inmate from a State correctional facility and the court had imposed a fine on such inmate, the appropriate board panel shall release such inmate on condition that he make specified fine payments to the Bureau of Parole. For violation of such conditions, or for violation of a special condition requiring restitution, parole may be revoked only for refusal or failure to make a good faith effort to make such payment.

h. Upon collection of the fine the same shall be paid over by the Department of Corrections to the State Treasury.

N.J.S.A. 2C:46-4 (Fines Act) provides:

a. All fines and restitution shall be collected as follows:

(1) All fines and restitution imposed by the Superior Court or county district court, or otherwise imposed at the county level, shall be collected by the county probation department except when such fine or restitution is imposed in conjunction with a custodial sentence to a State correctional facility in which event such fine or restitution shall be collected by the Department of Corrections.

(2) All fines and restitution imposed by a municipal court shall be collected by the municipal court clerk except if such fine or restitution is ordered as a condition of probation in which event it shall be collected by the county probation department. All fines so collected shall be distributed to the appropriate governmental treasury as provided herein.

b. Except as provided in subsection c. with respect to fines imposed on appeals following convictions in municipal courts, all fines imposed by the Superior Court, county district court, or otherwise imposed at the county level, shall be paid over by the officer entitled to collect same to:

(1) The county treasurer with respect to fines imposed on defendants who are sentenced to and serve a custodial term, including a term as a condition of probation, in the county jail, workhouse or penitentiary except where such county sentence is ...


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