a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if:
(1) The defendant has derived a pecuniary gain from the offense or the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender;
(2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and
(3) The fine will not prevent the defendant from making restitution to the victim of the offense.
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if:
(1) The victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and
(2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution.
c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
(2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant's likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment.
d. Nonpayment. When a defendant is sentenced to pay a fine or make restitution, or both, the court shall not impose at the same time an alternative sentence to be served in the event that the fine or restitution is not paid. The response of the court to nonpayment shall be determined only after the fine or restitution has not been paid, as provided in section 2C:46-2.
e. Whenever the maximum potential fine which may be imposed on a conviction for an offense defined in the "Comprehensive Drug Reform Act of 1986," N.J.S. 2C:35-1 et al. depends on the street value of the controlled dangerous substance or controlled substance analog involved and the court intends to impose a fine in excess of the maximum ordinary fine applicable to the offense for which defendant was convicted, and where the fine has not been agreed to pursuant to the provisions of N.J.S.2C:35-12, the court at the time of sentence shall determine the street value at the time and place of the offense based on the amount and purity of the controlled dangerous substance or controlled substance analog involved. The sentencing court's finding as to the street value may be based on expert opinion in the form of live testimony or by affidavit, or by such other means as the court deems appropriate. The court's finding as to street value shall not be subject to modification by an appellate court except upon a showing that the finding was totally lacking in support on the record or was arbitrary or capricious.
f. The ordering of restitution pursuant to this section shall not operate as a bar to the seeking of civil recovery by the victim based on the incident underlying the criminal conviction. Restitution ordered under this section is to be in addition to any civil remedy which a victim may possess, but any amount due the victim under any civil remedy shall be reduced by the amount ordered under this section to the extent necessary to avoid double compensation for the same loss, and the initial restitution judgment shall remain in full force and effect.
Notes of Decisions
RSI Bank v. Providence Mut. Fire Ins. Co., 191 A.3d 629 (N.J. 2018).
· cites it 2× “In criminal sentencing, a court imposes restitution in addition to a term of imprisonment or probation if "(1) [t]he victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and (2) [t]he defendant is able to pay or, given a fair opportunity,…”
State v. Locane, 184 A.3d 495 (N.J. Super. Ct. App. Div. 2018).
“The Seeman family had a pending civil suit against defendant and the hosts of the party at which defendant became inebriated. The judge found that factor because of the anticipated resolution of the civil action.”
State v. Meeks, 415 P.3d 400 (Kan. 2018).
“§ 29-2281 ; N.J. Stat. Ann. § 2C:44-2(b)(2), (c) ; N.”
In re Helmer, 202 A.3d 1261 (N.J. 2019).
· cites it 3× “N.J.S.A. 2C:44-2(b) expressly empowers judges to sentence defendants to pay restitution.”
State of New Jersey v. Jean A. Sene, 128 A.3d 175 (N.J. Super. Ct. App. Div. 2015).
· cites it 2× “We also vacate the restitution award and remand for a hearing in accordance with N.J.S.A. 2C:44-2(b), (c). I. Defendant's conviction arose out of the death of a pedestrian who was struck and killed by a jitney bus while 2 A-2256-13T1 crossing Pacific Avenue, a four-lane street,…”
State of New Jersey v. Michelle Toussaint, 114 A.3d 1016 (N.J. Super. Ct. App. Div. 2015).
“39:5- 5 A-3654-13T1 7; N.J.S.A. 2C:44-2(b). As will be further discussed below, that is significant, because in other sections of Title 39, and in cognate provisions of Title 2C concerning automobile-related offenses, the Legislature has specified when a term of imprisonment…”
State of New Jersey v. James R. Skinner (N.J. Super. Ct. App. Div. 2025).
· cites it 5× “2C:45-1 with the fines contemplated in N.J.S.A. 2C:44-2, which are imposed when the defendant "derived a pecuniary gain from the offense or the court" believes "a fine is specially adapted to" deter that offense.”
State v. Carlos Bolvito (071493) (N.J. 2014).
· cites it 8× “Further, the legislative history of N.J.S.A. 2C:44-2 distinguished between the subject of that statute -- fines -- and criminal penalties.”
State of New Jersey Vs. Nicholas Masce (16-01-0001, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
· cites it 4× “, N.J.S.A. 2C:44-2(b) (requiring a court to order restitution be paid by a defendant if the loss was incurred by the victim of a homicide – or by a victim's relative – and the defendant has the ability to pay, either at the time of sentencing or, "given a fair opportunity,"…”
State of New Jersey Vs. Charles T. Ledbetter (14-09-0508, Salem Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
· cites it 3× “POINT V THE TRIAL COURT'S ORDER TO PAY RESTITUTION WITHOUT FIRST CONSIDERING [DEFENDANT'S] ABILITY TO PAY AND THE ORDER TO PAY OUT OF FUNDS DERIVED WHOLLY FROM SOCIAL SECURITY DISABILITY BENEFITS VIOLATED THE NEW JERSEY CRIMINAL CODE AND THE FEDERAL ANTI- ALIENATION PROVISIONS…”
— N.J. Stat. § 2C:44-2(a) — 2 cases
— N.J. Stat. § 2C:44-2(a)(1) — 1 case
State of New Jersey v. James R. Skinner (N.J. Super. Ct. App. Div. 2025).
“2C:45-1 with the fines contemplated in N.J.S.A. 2C:44-2, which are imposed when the defendant "derived a pecuniary gain from the offense or the court" believes "a fine is specially adapted to" deter that offense.”
— N.J. Stat. § 2C:44-2(a)(2) — 2 cases
State of New Jersey v. James R. Skinner (N.J. Super. Ct. App. Div. 2025).
“2C:45-1 with the fines contemplated in N.J.S.A. 2C:44-2, which are imposed when the defendant "derived a pecuniary gain from the offense or the court" believes "a fine is specially adapted to" deter that offense.”
— N.J. Stat. § 2C:44-2(a)(7) — 1 case
— N.J. Stat. § 2C:44-2(a)(8) — 1 case
— N.J. Stat. § 2C:44-2(b) — 19 cases
RSI Bank v. Providence Mut. Fire Ins. Co., 191 A.3d 629 (N.J. 2018).
“In criminal sentencing, a court imposes restitution in addition to a term of imprisonment or probation if "(1) [t]he victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and (2) [t]he defendant is able to pay or, given a fair opportunity,…”
State of New Jersey v. Jean A. Sene, 128 A.3d 175 (N.J. Super. Ct. App. Div. 2015).
“We also vacate the restitution award and remand for a hearing in accordance with N.J.S.A. 2C:44-2(b), (c). I. Defendant's conviction arose out of the death of a pedestrian who was struck and killed by a jitney bus while 2 A-2256-13T1 crossing Pacific Avenue, a four-lane street,…”
State of New Jersey v. Michelle Toussaint, 114 A.3d 1016 (N.J. Super. Ct. App. Div. 2015).
“39:5- 5 A-3654-13T1 7; N.J.S.A. 2C:44-2(b). As will be further discussed below, that is significant, because in other sections of Title 39, and in cognate provisions of Title 2C concerning automobile-related offenses, the Legislature has specified when a term of imprisonment…”
In re Helmer, 202 A.3d 1261 (N.J. 2019).
“N.J.S.A. 2C:44-2(b) expressly empowers judges to sentence defendants to pay restitution.”
— N.J. Stat. § 2C:44-2(b)(1) — 2 cases
— N.J. Stat. § 2C:44-2(b)(13) — 1 case
— N.J. Stat. § 2C:44-2(b)(2) — 9 cases
State v. Meeks, 415 P.3d 400 (Kan. 2018).
“§ 29-2281 ; N.J. Stat. Ann. § 2C:44-2(b)(2), (c) ; N.”
— N.J. Stat. § 2C:44-2(b)(9) — 1 case
— N.J. Stat. § 2C:44-2(c) — 9 cases
— N.J. Stat. § 2C:44-2(c)(1) — 8 cases
State v. Carlos Bolvito (071493) (N.J. 2014).
“Further, the legislative history of N.J.S.A. 2C:44-2 distinguished between the subject of that statute -- fines -- and criminal penalties.”
— N.J. Stat. § 2C:44-2(c)(2) — 14 cases
RSI Bank v. Providence Mut. Fire Ins. Co., 191 A.3d 629 (N.J. 2018).
“In criminal sentencing, a court imposes restitution in addition to a term of imprisonment or probation if "(1) [t]he victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and (2) [t]he defendant is able to pay or, given a fair opportunity,…”
— N.J. Stat. § 2C:44-2(d) — 1 case
— N.J. Stat. § 2C:44-2(f) — 4 cases
In re Helmer, 202 A.3d 1261 (N.J. 2019).
“N.J.S.A. 2C:44-2(b) expressly empowers judges to sentence defendants to pay restitution.”
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