S1062

An Act concerning crime victims’ rights and amending P.L.1985, c.249, P.L.1991, c.329, P.L.2012, c.27 and supplementing Title 52 of the Revised Statutes.

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] communicate with the prosecuting authority any perspective the victim may have on considerations related to plea negotiations with the defendant prior to the [conclusion] beginning of any plea negotiations and 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] subject to the provision that the prosecutor shall be required to advise the court of the victim’s position unless the victim affirmatively requests otherwise.

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 or quasi-judicial proceeding involving a crime or offense committed against them or any juvenile proceeding involving a [criminal offense] crime or offense committed against them, including, without limitation, any Superior Court proceeding, any Family Court proceeding, any municipal court proceeding, and any administrative law proceeding held in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) which involves the crime or offense committed against them, except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution;

q. To be notified of any release or escape of the defendant; and

r. To appear and be heard, including through representation by a private attorney, 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.

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

2. Section 3 of P.L.2012, c.27 (C.52:4B-36.2) is amended to read as follows:

3. Pursuant to Article I, paragraph 22 of the New Jersey Constitution:

a. A crime victim shall not be required to pay the maintenance, support, rehabilitation, or other costs arising from the imprisonment or commitment of a victimizer as a result of the crime; and

b. A crime victim shall not be charged any fee otherwise prescribed by law or regulation to obtain copies of the victim's own records to which the victim is entitled to access as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1), including, but not limited to, any law enforcement agency incident report, domestic violence offense report, sexual assault offense report, and temporary or permanent restraining order.

c. In cases where there is a pending application for a domestic violence restraining order pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.) or a pending application for a sexual assault restraining order pursuant to “Sexual Assault Survivor Protection Act of 2015,” P.L.2015, c.147 (C.2C:14-13 et al.), upon request of the victim or the victim’s attorney,

the law enforcement agency shall furnish the law enforcement agency incident report to the victim or the victim’s attorney within the time required by section 3 of P.L.1963, c.73 (C.47:1A-3), but in no event more than five days after the date of receipt of the written request for such report.

(cf: P.L.2014, c.19, s.1)

3. Section 4 of P.L.1985, c.249 (C.52:4B-37) is amended to read as follows:

4. As used in this act, "victim" means:

a. a person who suffers personal, physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime or offense committed by an adult or an act of delinquency that would constitute a crime or offense if committed by an adult, committed against that person [."Victim" also includes];

b. the parent or legal guardian of a minor victim who is acting on behalf of the minor; or

c. the spouse, parent, legal guardian, grandparent, child, sibling, domestic partner or civil union partner of the decedent in the case of a criminal homicide or act of juvenile delinquency that would constitute a criminal homicide if committed by an adult.

(cf: P.L.2016, c.15, s.1)

4. (New section) In furtherance of the rights provided in subsection o. of section 3 of P.L.1985, c.249 (C.52:4B-36), the court may establish a procedure by which judges in criminal cases may ascertain whether a victim has been afforded an adequate opportunity to communicate and consult with the prosecuting authority on a plea agreement, including but not limited to consideration of whether the prosecuting authority made sufficient efforts to contact the victim in matters in which contact did not occur.

5. Section 20 of P.L.1991, c.329 (C.52:4B-43.1) is amended to read as follows:

20. a. The Victim and Witness Advocacy Fund, established in the State Treasury by section 2 of P.L.1979, c.396 (C.2C:43-3.1), administered by the Department of Law and Public Safety through the Division of Criminal Justice, pursuant to rules and regulations promulgated by the Director of the Division of Criminal Justice, to support the development and provision of services to victims and witnesses of crimes and for related administrative costs, is hereby continued.

b. The division is authorized to continue disbursing moneys deposited in the Victim and Witness Advocacy Fund to fund the operation of the State Office of Victim and Witness Advocacy, the 21 county offices of Victim and Witness Advocacy and to provide funding to other public entities as deemed appropriate for the implementation of the Attorney General Standards to Ensure the Rights of Crime Victims.

c. In addition, the division, pursuant to rules and regulations to be promulgated by the director to ensure that funds are given to qualified entities that will provide services consistent with this act, shall award grants to qualified public entities and not-for-profit organizations that provide direct services to victims and witnesses, including but not limited to such services as:

(1) shelter, food and clothing;

(2) medical and legal advocacy and support services;

(3) 24-hour crisis response services and 24-hour hotlines;

(4) information and referral and community education;

(5) psychiatric treatment programs;

(6) expanded services for victims' families and significant others;

(7) short and long term counseling and support groups;

(8) emergency locksmith and carpentry services;

(9) financial services; and

(10) medical testing ordered by a court pursuant to section 4 of P.L.1993, c.364 (C.2C:43-2.2).

d. Organizations eligible to apply for grants under subsection c. of this section include but are not limited to [:

(1) member programs of the New Jersey Coalition for Battered Women, including but not limited to

(a) Atlantic County Women's Center;

(b) Shelter Our Sisters, (Bergen County);

(d) YWCA/SOLACE, (Camden County);

(e) Family Violence Project and The Safe House, (Essex County);

(f) People Against Spouse Abuse, (Gloucester County);

(g) Battered Women's Program, (Hudson County);

(h) Women's Crisis Services, (Hunterdon County);

(i) Womanspace, Inc., (Mercer County);

(j) Women Aware, Inc., (Middlesex County);

(k) Women's Resource and Survival Center, (Monmouth County);

(l) Jersey Battered Women's Services, Inc., (Morris County);

(m) Passaic County Women's Center, (Passaic County);

(n) Salem County Women's Services, (Salem County);

(o) Resource Center for Women and Their Families, (Somerset County);

(p) Domestic Abuse Services, Inc., (Sussex County);

(q) Project Protect, (Union County);

(r) Domestic Abuse and Rape Crisis Center, Inc., (Warren County); and

(s) Ocean County Women's Center; and

(2) rape care services and programs, including, but not limited to:

(a) Atlantic County Women's Center, (Atlantic County);

(b) Bergen County Rape Crisis Center, (Bergen County);

(d) Women Against Rape, (Camden County);

(e) Coalition against Rape and Abuse, (Cape May County);

(f) Cumberland County Guidance Center;

(g) North Essex Helpline and Sexual Assault Support Service, (Essex County);

(h) Gloucester County Rape Assault Prevention Program;

(i) Christ Hospital Mental Health Center, serving Hudson County;

(j) Women's Crisis Services, (Hunterdon County);

(k) Rape Crisis Program Mercer County YWCA, (Mercer County);

(l) Rape Crisis Intervention Center Roosevelt Hospital, (Middlesex County);

(m) Women's Resource Center, (Monmouth County);

(n) Parenting Center, Morristown Hospital, (Morris County);

(o) Ocean County Advisory Commission on the Status of Women, (Ocean County);

(p) Passaic County Women's Center, (Passaic County);

(q) Salem County Rape Crisis Service, (Salem County);

(r) Rape Crisis Service of Somerset and Richard Hall Mental Health Center Somerset County Coalition for the prevention and Treatment of Sexual Abuse;

(s) Project Against Sexual Assault Abuse, (Sussex County);

(t) Union County Rape Crisis Center;

(u) Domestic Abuse and Rape Crisis Center, (Warren County); and

(v) Alternatives to Domestic Violence of Hackensack, N.J. (Bergen County)] service providers and county-based programs throughout the State which serve victims of violence, including but not limited to those which provide cultural and population specific services to victims of domestic violence, sexual violence, community violence, or human trafficking.

e. The Director shall report annually to the Governor and the Legislature concerning the administration of the Victim and Witness

Advocacy Fund and the administration and award of grants authorized by this section.

(cf: P.L.1993, c.364, s.2)

6. This act shall take effect immediately.

STATEMENT

This bill makes various revisions to the Crime Victims’ Bill of Rights.

The Victims’ Rights Amendment to the New Jersey Constitution, enacted by the voters in 1991 as paragraph 22 of Article I, makes crime victims’ rights a constitutional mandate and specifically provides that victims “shall be entitled to those rights and remedies as may be provided by the Legislature.” Under the Crime Victims’ Bill of Rights, crime victims and witnesses are 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.

This bill expands the Crime Victims’ Bill of Rights by expanding the process for plea agreements. Under current law, victims and witnesses have the opportunity to consult with the prosecuting authority prior to the conclusion of plea negotiations. The bill grants victims and witnesses the opportunity to communicate with the prosecuting authority any perspective the victim may have on considerations related to plea negotiations with the defendant prior to the beginning of any plea negotiations, 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. The bill requires the prosecutor to advise the court of the victim’s position unless the victim affirmatively requests otherwise.

The bill also allows a court to establish a procedure by which judges in criminal cases may ascertain whether a victim has been afforded an adequate opportunity to communicate and consult with the prosecuting authority on a plea agreement, including whether the prosecuting authority made sufficient efforts to contact the victim in matters in which contact did not occur.

In addition, the bill requires law enforcement agencies to furnish, upon request, incident reports to a victim or the victim’s attorney when there is a pending application for a domestic violence restraining order or pending application for a sexual assault restraining order within 24 hours or as soon as practicable but in no event more than five days after the date the report is requested. The bill also expands the definition of victim to include the parent or legal guardian of a minor victim acting on behalf of the minor victim.

Finally, the bill clarifies that the Victim Witness and Advocacy Fund is to award grants to legal support services. The bill also removes enumerated organizations eligible for grants under current law and provides that organizations eligible to receive grants are to include service providers and county-based programs throughout the State which serve victims of violence.