Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblyman Rumpf
SYNOPSIS
Establishes four-year pilot program in Ocean County for electronic monitoring of certain domestic violence offenders; designated as Lisas Law; appropriates $2.5 million.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a pilot program for domestic violence offenders, designated Lisas Law, 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) The Attorney General and the State Parole Board shall establish a four-year pilot program in Ocean County for electronic monitoring of defendants and notification of domestic violence victims as ordered by the court.
2. (New section) a. Pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill), electronic monitoring 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). The pilot program shall apply to defendants convicted of contempt of a domestic violence order entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et al.) or P.L.1991, c.261 (C.2C:25-17 et al.).
b. In making the determination whether to place the defendant on electronic monitoring, the court may hold a hearing to consider the likelihood that the defendant's participation in electronic monitoring will deter the defendant from injuring the victim. The court shall consider the following factors:
(1) the gravity and seriousness of harm that the defendant inflicted on the victim in the commission of the act of domestic violence;
(2) the defendants previous history of domestic violence, if any;
(3) the defendants history of other criminal acts, if any;
(4) whether the defendant has access to a weapon;
(5) whether the defendant has threatened suicide or homicide;
(6) whether the defendant has a history of mental illness or has been civilly committed; and
(7) whether the defendant has a history of alcohol abuse or substance abuse.
c. 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.
d. A defendant ordered by the court to be placed on electronic monitoring may be ordered to pay the costs and expenses related to electronic monitoring and victim notification or a portion of the costs and expenses, based on the defendants ability to pay.
e. In addition to the provisions of subsection d. of this section, a defendant ordered by the court to be placed on electronic monitoring shall be assessed a monitoring fee of $250. The court may waive the fee in cases of extreme financial hardship. The fee shall be collected as provided by the Rules of Court and forwarded to the Domestic Violence Victim Notification Fund established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
f. 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.
g. 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) Pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill), whenever a defendant is convicted 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.) the court may, in addition to or in lieu of any other disposition:
a. sentence the defendant to electronic monitoring with victim notification; or
b. 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.
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), "informed consent" means that the victim is given the following information before consenting to participate in the electronic monitoring program established by P.L. , c. (C. ) (pending before the Legislature as this bill):
a. The victim's right to refuse to participate in electronic monitoring and the process for requesting the court to terminate the victim's participation after it has been ordered;
b. The manner in which the electronic monitoring technology functions and the risks and limitations of that technology, the operational procedures of the device and the applicable instructions regarding the device, and the extent to which the system will track and record the victim's location and movements;
c. The boundaries imposed on the defendant during the electronic monitoring;
d. The sanctions that the court may impose on the defendant for violating an order issued by the court;
e. The procedure that the victim is to follow if the defendant violates an order or if electronic monitoring equipment fails;
f. Identification of support services available to assist the victim in developing a safety plan to use if the defendant violates an order or if electronic monitoring equipment fails;
g. Identification of community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other help in addressing the consequences and effects of domestic violence; and
h. The non-confidential nature of the victim's communications with the court concerning electronic monitoring and the restrictions to be imposed upon the defendant's movements.
6. (New section) a. From the implementation of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) through the fifth year thereafter, and, in addition to the provisions of section 1 of P.L.2001, c.195 (C.2C:25-29.1) any person found by the court in a final hearing pursuant to section 13 of P.L.1991, c.261 (C.2C