S3860

An Act concerning victims’ 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 or post-conviction agreement pursuant to N.J.S.2C:35-12;

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 or post-conviction agreements pursuant to N.J.S.2C:35-12, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement or post-conviction agreement pursuant to N.J.S.2C:35-12, provided however that nothing [herein] in this subsection shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement or post-conviction agreement pursuant to N.J.S.2C:35-12 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 or escape of the defendant; and

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.

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

2. This act shall take effect on the first day of the fourth month next following enactment.

STATEMENT

This bill expands the rights of victims in relation to post-conviction agreements in criminal cases involving non-violent drug offenses for which a mandatory term of imprisonment is required.

Pursuant to Attorney General Law Enforcement Directive No. 2021-4 entitled “Directive Revising Statewide Guidelines Concerning the Waiver of Mandatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12,” issued April 19, 2021, the Attorney General has directed prosecutors to enter into post-conviction agreements to waive mandatory minimum terms associated with certain non-violent drug offenses. The directive also requires the sentences of defendants who currently are incarcerated due to a mandatory minimum sentence to be modified to reflect the sentence that would have been imposed if there had been no mandatory minimum requirement. The non-violent drug offenses include: 1) leader of narcotics trafficking network; 2) maintaining or operating a drug-producing facility; 3) manufacturing, distributing or dispensing drugs; 4) employing a juvenile in a drug distribution scheme; 5) distributing or possessing with intent to distribute drugs within 1,000 feet of a school; and 6) distributing drugs to a juvenile.

This bill amends the “Crime Victim’s Bill of Rights” to specify that victims of these non-violent drug offenses have the right to submit to the prosecutor a written statement concerning the impact the crime has had on the victim and to have that statement considered before the prosecutor makes a final decision on whether to make or agree to a post-conviction agreement. Victims currently have this right when the prosecutor considers whether to: 1) file formal criminal charges; 2) consent to a request by the defendant to enter into a pre-trial program; and 3) make or agree to a negotiated plea.

The bill also specifies that these victims have the right to consult with the prosecutor prior to the conclusion of a post-conviction agreement. The prosecutor is required to advise the court of the consultation and the victim's position regarding the post-conviction agreement. Victims currently have this right regarding plea negotiations.

According to the sponsor, victims of the non-violent drug offenses enumerated in the Attorney General’s 2021-4 directive should have the same rights to submit impact statements and consult with the prosecutor as they have in relation to plea agreements.