Notice and Order - Probation - Reduction in DEDR Penalties in Accordance with N.J.S.A. 2C:35-15

The Supreme Court in the attached May 8, 2025 Order has reduced the Drug Enforcement and Demand Reduction (DEDR) penalties for 305 individuals who have successfully completed a drug treatment program or other court-ordered counseling and had their cases expunged.

The Court’s action is in accordance with N.J.S.A. 2C:35-15 and was taken after providing notice of the proposed DEDR reductions to the County Prosecutors.

Questions may be directed to Larry Ashbridge, Acting Director, Office of Probation Services, at Larry.Ashbridge@njcourts.gov.

N.J.S.A. 2C:35-15 establishes mandatory Drug Enforcement and Demand Reduction (DEDR) penalties for individuals convicted of certain drug-related offenses.  That statute further provides for the reduction of those DEDR penalties if an individual participates in a court-administered drug or alcohol rehabilitation program or performs other reformative service (N.J.S.A. 2C:35-15(e), (f)).  An individual who satisfies the statutory provisions is entitled to a reduction of up to fifty percent of their assessed DEDR penalty.

The Supreme Court in its 2024 Action Plan for Ensuring Equal Justice committed to increase incentives to support Probation clients in reintegrating into to society.  To that end, a review by the Administrative Office of the Courts has revealed 305 individuals (i) who were assessed DEDR penalties that remain unpaid, (ii) who have successfully completed a drug treatment program or other counseling, and (iii) whose cases have been expunged.  Based on having met those statutory criteria, these 305 individuals qualify for a reduction in the DEDR penalty.  

The Judiciary provided notice to all County Prosecutors of the proposal to vacate one-half of the assessed DEDR penalty along with a list of the eligible Probation clients and an opportunity to object.  No objections were raised.

Consistent with N.J.S.A. 2C:35-15(e) and (f), and in furtherance of the Court’s ongoing efforts to support rehabilitation and contribution to society by individuals with prior court involvement, it is hereby ORDERED that:
1.    Effective immediately, one-half of the assessed drug enforcement and demand reduction (DEDR) penalty (minus any credits already provided, not to exceed fifty percent of the total penalty assessed) for each of these 305 eligible individuals shall be vacated.
2.    Each Assignment Judge or their designee shall take the steps necessary to implement and memorialize the provisions of this Order.