A5399

An Act concerning victims of domestic violence and amending and supplementing P.L.1994, c.137.

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

1. Section 1 of P.L.1994, c.137 (C.2C:25-26.1) is amended to read as follows:

1. a. Notwithstanding any other provision of law to the contrary, whenever a defendant charged with a crime or an offense involving domestic violence is released from custody, the prosecuting agency shall notify the victim.

b. Notification shall also be given to a victim who has been issued a temporary or final restraining order, pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.), when the person who is the subject of the temporary or final restraining order:

(1) is charged with a criminal offense and taken into custody;

(2) has been granted pretrial release pursuant to the provisions of section 3 of P.L.2014, c.31 (C.2A:162-17);

(3) has violated a condition of pretrial release imposed pursuant to section 8 of P.L.2014, c.31 (C.2A:162-22);

(4) is incarcerated in a State correctional facility or county jail;

(5) is released from a State correctional facility or county jail; or

(6) has completed a term of parole supervision.

c. The notification required pursuant to this section shall be automatic and provided through the Statewide Victim Information and Notification Everyday System, set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1994, c.137, s.1)

2. (New section) The Attorney General shall maintain an automatic notification system to be known as the “Victim Information and Notification Everyday System” to provide custody status of any defendant charged with a crime or an offense involving domestic violence, as required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

The Victim Information and Notification Everyday System, established pursuant to Attorney General Law Enforcement Directive No. 2005-5, shall be deemed to satisfy the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. (New section) The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules, regulations and guidelines to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. This act shall take effect on the first day of the second month next following the date of enactment.

STATEMENT

This bill codifies the establishment of the Victim Information and Notification Everyday System (VINE system), and expands notification requirements for certain victims of domestic violence.

Under current law, whenever a defendant charged with a crime or an offense involving domestic violence is released from custody, the prosecuting agency is required to notify the victim. In addition, pursuant to Attorney General Law Enforcement Directive 2005-5, the Attorney General established the VINE system, to provide notification to crime victims when an offender is released from custody.

The provisions of the bill expand the statutory notification requirements to include notification to a victim who has been issued a temporary or final restraining order, pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991, when the person who is the subject of the temporary or final restraining order:

(1) is charged with a criminal offense and taken into custody;

(2) has been granted pretrial release;

(3) has violated a condition of pretrial release;

(4) is incarcerated in a State correctional facility or county jail;

(5) is released from a State correctional facility or county jail; or

(6) has completed a term of parole supervision.

The bill codifies the establishment of the VINE system, and provides that the VINE system established pursuant to Attorney General Law Enforcement Directive 2005-5 is to be deemed to satisfy the requirements for establishing a notification system under the bill. A notification required under the bill is to be automatic and provided through the VINE system.