ASSEMBLY, No. 903

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 30 (Burlington, Mercer, Monmouth and Ocean)

Assemblyman  TROY SINGLETON

District 7 (Burlington and Camden)

 

Co-Sponsored by:

Assemblymen Biondi and Caputo

 

 

 

 

SYNOPSIS

     Provides for electronic monitoring of domestic violence offenders and notification to the victim; designated as “Lisa’s Law.”

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning domestic violence offenders, designated “Lisa’s Law,” amending P.L.1991, c.261 and supplementing Title 2C of the New Jersey Statutes.

 

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

 

     1.    Section 15 of P.L.1991, c.261 (C.2C:25-31) is amended to read as follows:

     15.  Where a law enforcement officer finds that there is probable cause that a defendant has committed contempt of an order entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.), the defendant shall be arrested and taken into custody by a law enforcement officer. The law enforcement officer shall follow these procedures:

     The law enforcement officer shall transport the defendant to the police station or such other place as the law enforcement officer shall determine is proper.  The law enforcement officer shall:

     a.     Conduct a search of the domestic violence central registry and sign a complaint concerning the incident which gave rise to the contempt charge;

     b.    Telephone or communicate in person or by facsimile with the appropriate judge assigned pursuant to this act and request bail be set on the contempt charge. In the case of a defendant who has previously been arrested for contempt of an order entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.), the law enforcement officer shall request a hearing to determine whether the defendant shall be placed on electronic monitoring utilizing a global positioning system (GPS) monitoring device, pursuant to section 2 of P.L.    , c.           (C.        ) (pending before the Legislature as this bill);

     c.     If the defendant is unable to meet the bail set, take the necessary steps to insure that the defendant shall be incarcerated at police headquarters or at the county jail; and

     d.    During regular court hours, the defendant shall have bail set by a Superior Court judge that day.  On weekends, holidays and other times when the court is closed, the officer shall arrange to have the clerk of the Family Part notified on the next working day of the new complaint, the amount of bail, the defendant's whereabouts and all other necessary details.  In addition, if a municipal court judge set the bail, the arresting officer shall notify the clerk of that municipal court of this information.

(cf: P.L.1999, c.421, s.5)


     2.    (New section)  a.  When a defendant is arrested for contempt of an order entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.) and the defendant has previously been arrested for contempt of such an order, the court shall hold a hearing to determine whether the defendant shall be placed under electronic monitoring utilizing a continuous, satellite-based, global positioning system for such a term as the court deems appropriate.  In determining whether to order a defendant be placed on electronic monitoring, the court shall consider the likelihood that the defendant's participation in electronic monitoring will deter the defendant from injuring the victim.

     b.    The court shall order the defendant to provide the victim with an electronic receptor device or cell phone capable of receiving the global positioning system information from the electronic monitoring device worn by the defendant.  This device or cell phone shall notify the victim if the defendant is located within a certain proximity to the victim as determined by the court.

     c.     The defendant shall pay the costs and expenses related to electronic monitoring and the victim notification device.

     d.    Any person who tampers with, removes, or vandalizes the electronic monitoring device worn or utilized by a defendant is guilty of a crime of the third degree.

 

     3.    (New section)  a.  The Administrative Office of the Courts, in consultation with the Attorney General, shall establish a program for the continuous, satellite-based monitoring of defendants who have been arrested on a second or subsequent occasion for contempt of a domestic violence order entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.). The system shall provide for the capability of active and passive monitoring, or a combination of both.

     b.    The monitoring system, at a minimum, shall provide:

     (1)   Time-correlated or continuous tracking of the geographic location of the defendant using a global positioning system based on satellite and other location technology; and

     (2)   An automated monitoring system that can be used to permit law enforcement agencies to compare the geographic positions of such defendants with reported crime incidents and whether the subject was in the proximity of such reported crime incidents.

     c.     The Administrative Office of the Courts, in consultation with the Attorney General, 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 program. All reports of noncompliance shall be investigated immediately by a law enforcement officer.

     d.    The Administrative Office of the Courts, the Attorney General, the Superintendent of State Police and county and municipal law enforcement agencies shall share information obtained pursuant to this act.

     e.     As used in P.L.   , c.        (C.       ) (pending before the Legislature as this bill):

     "Global positioning system" means a continuous, satellite-based, 24 hour monitoring system that provides for the capability of active and passive monitoring, or a combination of both. The global positioning system, at a minimum, shall provide time-correlated, continuous, satellite-based tracking of the geographic location of the defendant.

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill, designated as “Lisa’s Law,” would authorize the court to order electronic monitoring of certain domestic violence offenders and require notification to the victim when that offender is within a certain proximity. This bill’s title is in remembrance of Letizia Zindell of Toms River who was murdered on August 13, 2009 by her former fiancée, Frank Frisco who killed himself. The murder occurred a day after he was released from jail for violating a restraining order that Ms. Zindell had filed against him.

     Under the provisions of the bill,        if a defendant is arrested on a second or subsequent occasion for contempt of a domestic violence restraining order, the court would be required to hold a hearing to determine whether the defendant should be placed under electronic monitoring utilizing a continuous, satellite-based, global positioning system for such a term as the court deems appropriate. In determining whether to order a defendant placed on electronic monitoring, the court would consider the likelihood that the defendant's participation in electronic monitoring will deter the defendant from injuring the victim.  A "global positioning system" is defined as a continuous, satellite-based, 24 hour monitoring system that provides for the capability of active and passive monitoring, or a combination of both.

     In addition, the bill authorizes the court to order the defendant to provide the victim with an electronic receptor device or cell phone capable of receiving the global positioning system information from the electronic monitoring device worn by the defendant.  This device or cell phone would notify the victim if the defendant is located within a certain proximity to the victim as determined by the court.  The costs and expenses related to electronic monitoring and the victim notification device would be paid by the defendant.

     Any person who tampers with, removes, or vandalizes a monitoring device worn or utilized by a defendant is guilty of a crime of the third degree.  A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000 or both.

     The bill authorizes the Administrative Office of the Courts, in consultation with the Attorney General, to establish the electronic monitoring of such defendants. The system would provide for the capability of active and passive monitoring, or a combination of both. The monitoring system, at a minimum, would provide: (1) Time-correlated or continuous tracking of the geographic location of the defendant using a global positioning system based on satellite and other location technology; and      (2) An automated monitoring system that can be used to permit law enforcement agencies to compare the geographic positions of such defendants with reported crime incidents and whether the subject was in the proximity of such reported crime incidents.

     The Administrative Office of the Courts, in consultation with the Attorney General, would 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 program. All reports of noncompliance would be investigated immediately by a law enforcement officer.

     The Administrative Office of the Courts, the Attorney General, the Superintendent of State Police and county and municipal law enforcement agencies would be required to share information obtained pursuant to this bill.