S2513

An Act concerning certain notification about offenders, supplementing Title 52 of the Revised Statutes and amending P.L.1994, c.135.

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

1. (New section) a. The Attorney General shall maintain an automatic notification system to be known as the “Victim Information and Notification Everyday (VINE)” system to alert crime victims, witnesses and other appropriate persons when an offender is released from custody or is transferred within the correctional system.

b. Notification of the offender’s change of custody shall be made to persons who have elected to register with the VINE system. Victims, witnesses, and other appropriate persons, as determined by the prosecuting agency, shall be provided with the opportunity to supply contact information in order to be notified when the offender’s custody status changes. The VINE system shall alert the victim, witnesses and other appropriate persons about the custody status change.

c. Nothing in this act shall be construed to limit or impair the notification of investigating agencies or county correctional facilities when an offender’s custody status has changed if any person who had registered pursuant to this section is not able to be contacted.

d. Pursuant to the “Administrative Procedures Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the Attorney General, may adopt rules and regulations to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. Section 1 of P.L.1994, c.135 (C.30:4-123.53a) is amended to read as follows:

1. a. As used in this act: "Prosecutor" means the county prosecutor of the county in which the defendant was convicted unless the matter was prosecuted by the Attorney General, in which case "prosecutor" means the Attorney General.

"Office of Victim Witness Advocacy" means the Office of Victim Witness Advocacy of the county in which the defendant was convicted.

b. Notwithstanding any other provision of law to the contrary, the State shall provide written notice to the prosecutor of the anticipated release from incarceration in a county or State penal institution or the Adult Diagnostic and Treatment Center of a person convicted of murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; kidnaping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses. In cases involving a release on parole, the State Parole Board shall provide the notice required by this subsection. In all other cases, including but not limited to release upon expiration of sentence or release from incarceration due to a change in sentence, the Department of Corrections shall provide the notice required by this subsection.

c. Notwithstanding any other provision of law to the contrary, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) shall provide written notice to the prosecutor of the anticipated release from incarceration of a juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; kidnaping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.

d. If available, the notice shall be provided to the prosecutor 90 days before the inmate's anticipated release; provided however, the notice shall be provided at least 30 days before release. The notice shall include the person's name, identifying factors, offense history, and anticipated future residence. The prosecutor shall notify the Office of Victim and Witness Advocacy and that office shall use any reasonable means available to them to notify the victim, witnesses and any other appropriate person, as determined by the prosecutor, of the anticipated release unless the [victim] person has requested not to be notified.

e. Upon receipt of notice, the prosecutor shall provide notice to the law enforcement agency responsible for the municipality where the inmate will reside, the municipality in which any victim resides, and such other State and local law enforcement agencies as appropriate for public safety.

(cf: P.L.2001, c.79, s.8)

3. This act shall take effect on the first day of the third month following the date of enactment, except the Attorney General, where appropriate, may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill expands the scope of notification when an offender is released from custody or transferred within the criminal justice system.

Section 1 of P.L.1994, c.135 (C.30:4-123.53a), which was enacted with Megan’s Law, requires the Parole Board, Department of Corrections, or Juvenile Justice Commission to provide written notice to the prosecutor of the anticipated release from incarceration of offenders convicted of certain violent crimes and sex offenses. Notification is then provided to the victim by the Office of Victim Witness Advocacy, which is required to notify the victim of the anticipated release. This bill expands that notification to include witnesses and any other appropriate person, as determined by the prosecutor.

Currently, the Attorney General operates the Victim Information and Notification Everyday (VINE) system pursuant to Attorney General Directive No.2005-5. The directive authorizes the notification of crime victims who have elected to participate in the system whenever an offender is released from custody or transferred within the correctional system. This bill also expands the automatic notification to include witnesses and any other appropriate person as determined by the prosecuting agency.

The Attorney General would continue to maintain the VINE system. The bill further authorizes the Attorney General to adopt rules and regulations to effectuate the purposes of the bill. The provisions of the bill are not to be construed to limit the notification of investigating agencies or county correctional facilities that currently takes place if the system is unable to reach the victim.