Sponsored by:
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Establishes program for electronic monitoring of certain offenders; appropriates $50 million.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing an electronic monitoring program for certain offenders, supplementing Title 2C of the New Jersey Statutes, amending P.L.1971, c.198, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Attorney General and the State Parole Board shall establish a program for electronic monitoring of certain defendants charged with or convicted of any of the following crimes:
(1) sexual assault or aggravated sexual assault pursuant to N.J.S.2C:14-2;
(2) human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8);
(3) kidnapping pursuant to N.J.S.2C:13-1;
(4) a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19); or
(5) a crime of contempt of a domestic violence order entered pursuant to P.L.1981, c.426 (C.2C:25-1 et al.) or P.L.1991, c.261 (C.2C:25-17 et al.).
b. The program established by P.L. , c. (C. ) (pending before the Legislature as this bill) shall also provide for notification to the victims.
2. (New section) a. Electronic monitoring pursuant to the program established by P.L. , c. (C. ) (pending before the Legislature as this bill) may be ordered only with the victims informed consent as defined in section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. In making the determination whether to place the defendant on electronic monitoring, the court shall hold a hearing to consider the defendants potential dangerousness to the victim and the likelihood that the defendant's participation in electronic monitoring will deter the defendant from injuring the victim.
(1) The court shall consider the following factors:
(a) the gravity and seriousness of harm that the defendant inflicted on the victim in the commission of the act;
(b) the defendants previous history of committing domestic violence, if any;
(c) the defendants history of committing crimes, if any;
(d) whether the defendant has access to a weapon;
(e) whether the defendant has threatened suicide or homicide;
(f) whether the defendant has a history of mental illness or has been civilly committed; and
(g) whether the defendant has a history of alcohol abuse or substance abuse.
(2) In considering the factors set forth in paragraph (1) of this subsection, the court shall use a risk assessment instrument approved by the Administrative Director of the Courts. The risk assessment instrument shall be objective, standardized, and developed based on analysis of empirical data and risk factors relevant to the risk of whether the defendant will commit a future act of violence against the victim.
c. The court shall order every defendant placed on electronic monitoring to receive appropriate counseling.
d. (1) Any electronic monitoring device and tracking system worn or utilized by a defendant pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be in compliance with Offender Tracking Systems NIJ Standard 1004.00, issued by the National Institute of Justice in July 2016, and any successor standards adopted by the National Institute of Justice.
(2) Any such electronic monitoring device and tracking system shall be operated by an entity under contract with the State. The monitoring and tracking system shall:
(a) operate 24 hours a day; and
(b) provide notification to the defendant and the victim when the defendant is within the following specified distances from the victim:
(i) three miles;
(ii) one mile, in which case law enforcement is also notified; and
(iii) one-half of a mile.
e. (1) A defendant convicted of a crime enumerated in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and ordered by the court to be placed on electronic monitoring shall be ordered to pay an initial monitoring fee of $250 and a daily monitoring fee of $50 per day. The court may also order the defendant to pay costs and expenses of victim notification.
(2) The court may waive payment of a portion of the fees, costs, and expenses set forth in paragraph (1) of this subsection based on the defendants ability to pay, and may waive all such fees, costs, and expenses in cases of extreme financial hardship.
f. The fees set forth in subsection e. of this section shall be collected as provided by the Rules of Court and forwarded to the Electronic Monitoring and Crime Victim Notification Fund established pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
g. The Attorney General, in consultation with the Administrative Office of the Courts, shall develop procedures to determine, investigate, and report on a 24-hour-per-day basis a defendant's noncompliance with the terms and conditions of the electronic monitoring program. All reports of noncompliance shall be investigated by a law enforcement officer within a reasonable period of time.
h. The Attorney General, the Administrative Office of the Courts, the Superintendent of State Police, the State Parole Board, and county and municipal law enforcement agencies shall share information obtained pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
3. (New section) a. When a defendant is convicted of any crime set forth in paragraph (3) of this subsection, the court may, in addition to or in lieu of any other disposition:
(1) sentence the defendant to electronic monitoring with victim notification; or
(2) sentence the defendant to probation or a suspension of sentence and, as a condition of such probation or suspension, order electronic monitoring with victim notification.
(3) The provisions of this section apply to a conviction of any of the following crimes:
(a) sexual assault or aggravated sexual assault pursuant to N.J.S.2C:14-2;
(b) human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8);
(c) kidnapping pursuant to N.J.S.2C:13-1;
(d) a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19); or
(e) a crime of contempt of a domestic violence order entered pursuant to P.L.1981, c.426 (C.2C:25-1 et al.) or P.L.1991, c.261 (C.2C:25-17 et al.).
b. When a defendant is charged with and released pending trial for any of the crimes set forth in paragraph (3) of subsection a. of this section, the court may, as a condition of release, order electronic monitoring of the defendant with victim notification.
4. (New section) Any person who tampers with, removes, or vandalizes an electronic monitoring device worn or utilized by a defendant pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) is guilty of a crime of the third degree.
5. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill),