New Jersey § 39:5-36

§ 39:5-36.

a. The court may incarcerate in the county jail or workhouse of the county where the offense was committed any person upon whom a penalty or surcharge pursuant to subsection f. of section 1

of P.L.2000, c. 75 ( C.39:4-97.2 ) has been imposed for a violation of any of the provisions of this subtitle where

the court finds that the person defaulted on payment of the penalty or surcharge pursuant

to subsection f. of section 1 of P.L.2000, c. 75 ( C.39:4-97.2 ) without good cause and that the default was willful. Incarceration ordered under this subsection shall not reduce the amount owed by

the person in default. In no case shall such incarceration exceed one day for each $50 of the penalty or surcharge so imposed, nor shall such incarceration exceed a period of 90 consecutive days . b. Except where incarceration is ordered pursuant to subsection a. of this section,

if the court finds that the person has defaulted on the payment of a penalty the court

may take one or more of the following actions: (1) the court shall take appropriate action to modify or establish a reasonable schedule

for payment; (2) if the court finds that the circumstances that warranted the penalty have changed

or that it would be unjust to require payment, the court may revoke or suspend the

penalty or the unpaid portion of the penalty; or (3) if the defendant has served jail time for default on a penalty, the court may

order that credit for each day of confinement be given against the amount owed. The amount of the credit shall be determined at the discretion of the court but

shall be not less than $50 for each day of confinement served. When such person shall have been confined for a sufficient number of days to establish

credits equal to the aggregate amount of such penalties and costs, and is not held by reason of any other sentence or commitment, he shall

be discharged from such imprisonment by the officer in charge of the county jail or

workhouse. c. For the purposes of this section, “ penalty ” means any fine, statutorily-mandated assessment, surcharge, or other financial penalty

imposed by a court pursuant to this subtitle, but does not include a surcharge imposed

pursuant to subsection f. of section 1 of P.L.2000, c. 75 ( C.39:4-97.2 ) .