An Act concerning the gun court pilot program.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares:

a. The increasing number of violent crimes committed with guns and other dangerous weapons poses a serious threat to every resident of the State, especially residents of our urban areas where these crimes are most prevalent;

b. Gun-related criminal cases are a burden on the State's judicial system, and a gun court pilot program is currently operating in Essex, Mercer and Camden counties to examine alternative processes to minimize delays in cases involving gun violence and allocate judicial resources in these cases in the most appropriate manner;

c. The gun court pilot program should be expanded to include the counties which are home to the 14 municipalities participating in Operation CeaseFire, which focuses on solving gun-related crimes, reducing street violence related to gang activity, cutting off the flow of illegal guns into New Jersey communities, and keeping those weapons from reaching the streets; and

d. Expanding the gun court pilot program to those counties will assist prosecutors and law enforcement in achieving the vital goals of Operation CeaseFire and provide information as to the feasibility of implementing the gun court program on a Statewide basis.

2. a. There is hereby established a two-year "Gun Court Pilot Program" in the Superior Court in Atlantic, Camden, Cumberland, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, and Union Counties. The Administrative Office of the Courts shall be responsible for administering the program.

b. The court may refer any criminal case where a gun or other weapon was used in the commission of the crime to the Gun Court.

c. Judges assigned to the Gun Court shall have extensive knowledge of and experience in criminal law, criminal procedure and criminal sentencing, particularly in relation to violent crime.

d. The decision of a judge of the Gun Court shall be binding and subject to the right of appeal to the Appellate Division of the Superior Court.

3. The Administrative Office of the Courts shall monitor the Gun Court and report to the Legislature 12 months after the organization of the pilot program and within six months after expiration of the pilot program. The reports shall include the impact of the pilot program on criminal sentencing and the court's calendar and workload. The reports also shall evaluate the effectiveness of the pilot program and recommend whether the program should be continued or expanded.

4. The Supreme Court of New Jersey may adopt court rules appropriate or necessary to effectuate the purposes of this act.

5. This act shall take effect on the first day of the third month after enactment and shall expire two years after the effective date.

STATEMENT

Currently, a gun court pilot program is operating in Essex, Mercer and Camden counties for a minimum of one year. This bill codifies and expands the pilot program by creating a two-year Gun Court Pilot Program in the Superior Court in Atlantic, Camden, Cumberland, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, and Union Counties. These counties are included in the pilot program because they are home to the 14 municipalities participating in Operation CeaseFire, which focuses on solving gun-related crimes, reducing street violence related to gang activity, cutting off the flow of illegal guns into New Jersey communities, and keeping those weapons from reaching the streets.

Under the provisions of the bill, the Administrative Office of the Courts would administer the program. Any criminal case where a gun or other dangerous weapon was used in the commission of the crime could be referred to the Gun Court. Judges assigned to the Gun Court are to have extensive knowledge of and experience in criminal law, criminal procedure and criminal sentencing. Decisions would be binding and subject to the right of appeal to the Appellate Division of the Superior Court.

The Administrative Office of the Courts is to monitor the Gun Court and report to the Legislature 12 months after the organization of the pilot program and within six months after its expiration. The reports are to include the impact of the pilot program on criminal sentencing and the court's calendar and workload. The report also would evaluate the effectiveness of the pilot program and recommend whether the program should be continued or expanded.

Including these additional counties in the gun court pilot program will assist prosecutors and law enforcement in achieving the vital goals of Operation CeaseFire and provide information as to the feasibility of implementing the gun court program on a Statewide basis.