New Jersey State House in Trenton

A bill to give New Jersey counties the authority to establish a central municipal drug court passed the Assembly Law and Public Safety Committee on Thursday in Trenton, but not without requests by the committee chairman to tweak the measure further.

Sponsors say A-5234 will help alleviate the backlog of minor drug offenses in the state's court system by providing an alternative method for trying such cases and sentencing offenders, including juveniles. They say it may even help reduce repeat offenses and lower court costs.

But a representative for the Administrative Office of the New Jersey Courts testified that while her office has no official position on the bill, it did have concerns over jurisdiction, administration and expenses that the new program would entail, including setup and staffing.

The Assembly Law and Public Safety Committee—meeting fresh off Tuesday's elections in which Democrats, despite losing a few seats, maintained sizable majorities in both chambers—approved the bill by a 5-0 vote with four members absent.

Voting for the bill were Committee Chair Adam Taliaferro, D-Gloucester, Nancy Pinkin, D-Middlesex, Shavonda Sumter, D-Bergen, Lisa Swain, D-Bergen, and Serena DiMaso, R-Monmouth.

A-5234 is sponsored by Assembly Members Thomas Giblin, D-Essex, Patricia Egan Jones, D-Camden, and Ralph Caputo, D-Bergen.

The central municipal drug courts authorized under the bill would be given the jurisdiction to hear cases involving crimes of the fourth degree, disorderly persons offenses or petty disorderly persons offenses related to controlled dangerous substances, according to the bill's sponsors.

"Affording counties the choice to establish municipal drug courts that specifically deal with minor drug-related offenses creates room for a more expeditious and fair judicial process," said Giblin in a statement following the committee vote. "Right now, many of our local courts are overwhelmed by the number of cases on their docket and creating a central court will help lift the burden."

The legislation would amend N.J.S.A 2B:12-1 to read: "Any county may establish, by ordinance, a central municipal drug court, which shall be an inferior court of limited jurisdiction, to adjudicate cases within its jurisdiction and cases referred by the vicinage Assignment Judge pursuant to the Rules of Court, and provide for its administration. A copy of that ordinance shall be filed with the Administrative Director of the Courts. As used in this act, 'municipal court' includes a central municipal drug court."

The bill also provides for the appointment of judges to a central drug court by the normal advise-and-consent process, adding, "In those counties having a county executive, the county executive may submit the names of judicial candidates for judge of the central municipal drug court to the Governor. In all other counties, the governing body may submit the names of judicial candidates for judge of the central municipal drug court to the Governor."

It also provides that:

• The presiding judge of the Family Part of the Superior Court for the vicinage in which a central municipal drug court is established, would refer juveniles for sentencing;

• The drug court could employ an attorney as a prosecutor under the supervision of the Office of the Attorney General or county prosecutor to represent the state, county or municipality, as well as attorneys on a full-time, part-time or per-case basis to represent those entitled to appointed counsel;

• Community service and drug treatment programs would be options for sentencing, in lieu of jail time.

"Incarceration cannot be the only answer," said Egan Jones in the same release. "By supporting sentencing alternatives that divert certain offenders into drug treatment programs, this bill helps rehabilitate people with severe drug dependencies and has a potent effect in helping reduce crime rates and recidivism."

Failure to comply with the court-ordered community service or drug treatment program would be reported to the court and could potentially result in the revocation of its order and imposition of new sentencing, according to the measure.

"We are acknowledging that, when it comes to certain crimes committed under the influence, there are more effective sentencing options to employ," Caputo said. "The reality is addiction doesn't end behind bars and, by getting people the help they need to stay clean through community-based treatment programs, we're reducing the cost of New Jersey's criminal justice system."

Alyson R. Jones, an attorney who is the legislative liaison for the AOC, was the only person to testify before the committee on Thursday. She said the AOC had no position on the bill but had concerns—not the least, funding.

"This is a program that does require a significant amount of funding to go with it," Jones told lawmakers.

Pinkin, who had recently introduced a bill to require a training curriculum for judges and judicial staff on handling sexually violent offenses, raised concerns over whether those presiding over drug court will have the proper expertise.

"My concern is, will they have the expertise for these cases to perform drug court as it's currently performed?" said Pinkin at the hearing. "There are nuances to drug court, and you want to make sure those same nuances would be delivered effectively at the local level."

"I think it's a good idea, but I think there's some tweaks to be made," Taliaferro said afterward. "We heard some of those concerns today, and those concerns will be talked about with the sponsor and addressed, and hopefully, we will go forward with it."

Sen. Shirley Turner, D-Mercer, introduced S-2214, the identical Senate version of A-5234, on March 8, 2018, and it was referred to the Senate Judiciary Committee. No committee hearing has been scheduled yet for S-2214.