A5624

An Act concerning the Crime Victim's Bill of Rights and amending P.L.1985, c.249.

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

1. Section 3 of P.L.1985, c.249 (C.52:4B-36) is amended to read as follows:

3. The Legislature finds and declares that crime victims and witnesses are entitled to the following rights:

a. To be treated with dignity and compassion by the criminal justice system;

b. To be informed about the criminal justice process;

c. To be free from intimidation, harassment or abuse by any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process;

d. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible;

e. To make at least one telephone call provided the call is reasonable in both length and location called;

f. To medical assistance reasonably related to the incident in accordance with the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.);

g. To be notified in a timely manner, if practicable, if presence in court is not needed or if any scheduled court proceeding has been adjourned or cancelled;

h. To be informed about available remedies, financial assistance and social services;

i. To be compensated for loss sustained by the victim whenever possible;

j. To be provided a secure, but not necessarily separate, waiting area during court proceedings;

k. To be advised of case progress and final disposition and to confer with the prosecutor's representative so that the victim may be kept adequately informed;

l. To the prompt return of property when no longer needed as evidence;

m. To submit a written statement, within a reasonable amount of time, about the impact of the crime to a representative of the prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed, whether the prosecutor will consent to a request by the defendant to enter into a pre-trial program, and whether the prosecutor will make or agree to a negotiated plea;

n. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime.

This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S.2C:44-6;

o. To have the opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement, provided however that nothing herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate;

p. To be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense, except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution;

q. To be notified of any release, recommended release, or escape of the defendant and to provide oral, written, or recorded video testimony at any proceeding that may result in the release, or recommended release, of the defendant; [and] for the purposes of this subsection, “release” includes, but is not limited to, any furlough for work or temporary medical release from a correctional facility;

r. To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion; and

s. When a victim of crime is injured as a result of a crime of the first or second degree, to make a written or recorded video statement for the parole report to be considered at the parole hearing or to testify before the parole board at the time of the parole hearing concerning the impact of, and harm caused by, the crime pursuant to the provisions of section 10 of P.L.1979, c.441 (C.30:4-123.54).

(cf: P.L.2012, c.27, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill amends the "Crime Victim's Bill of Rights" to include the right of a victim of a crime to be notified of the recommended release of a defendant from incarceration. Current statutory law gives the victim of a crime the right to be notified only of the defendant’s actual release. The bill further bestows on these victims the right to provide oral, written, or recorded video testimony at any proceeding that may result in the release, or recommended release, of the defendant. Under the bill, “release” includes, but is not limited to, any furlough for work or temporary medical release of a defendant from a correctional facility.

The bill also incorporates into the "Crime Victim's Bill of Rights" the right of certain injured victims to provide a statement concerning the impact of and harm caused by a defendant convicted of first or second degree crime to the State Parole Board to be included in the defendant’s parole report that is considered at the parole hearing or to testify before the board at the parole hearing. This right currently is incorporated in the "Parole Act of 1979," but also would be specifically enumerated in the Crime Victim’s Bill of Rights under the bill.

According to the sponsor, this bill primarily is in response to Governor Murphy’s Executive Order No.124 of 2020, which establishes a program to release certain inmates from incarceration during the COVID-19 public health emergency. The order establishes a process for the Department of Corrections (DOC) to grant work release or emergency medical temporary home confinement to inmates at risk of contracting COVID-19 pursuant to the DOC’s statutory furlough authority. The order creates the Emergency Medical Review Committee to make recommendations concerning which inmates should be placed on the list to be considered for release. This bill would require notification to victims of crime of the review committee’s recommended release of an inmate on furlough pursuant to E.O.124. This requirement also would apply to a recommended release of an inmate by any subsequently created non-judicial body empowered to make similar recommendations. The bill also gives victims of crime the right to provide oral, written, or recorded video testimony at any proceeding held by the review committee.