ASSEMBLY, No. 576

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 13, 1996

 

 

By Assemblywoman ALLEN, Assemblymen LeFEVRE, DeSopo, Blee, Assemblywomen Farragher, J. Smith, Heck, Assemblymen Bodine, Bateman, Rocco, Kramer, Holzapfel, Bagger, Geist and Assemblywoman Crecco

 

 

An Act concerning victims of certain defendants 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. a. As used in this act, "victim" means any person who suffers personal injury or incurs loss of or injury to personal or real property as a result of a criminal offense, or the nearest relative of a homicide victim, where the criminal offense was committed by or alleged to have been committed by a person charged with the offense and subject to the provisions of N.J.S.2C:4-6 concerning lack of competence to proceed or N.J.S.2C:4-8 concerning acquittal by reason of insanity.

    b. Whenever the prosecutor is notified concerning a hearing, review proceeding or intent to administratively discharge a person from civil commitment pursuant to P.L. , c. (C. )(now pending before the Legislature as Assembly Bill No. 450 of 1996 ), the prosecutor shall use any reasonable means available to notify the victim in advance of the scheduled proceeding.

 

    2. This act shall take effect upon the enactment into law of P.L.     , c. (C. ) (now pending before the Legislature as Assembly Bill No. 450 of 1996 ).

 

 

STATEMENT

 

    Assembly Bill No. 450 of 1996 would clarify the procedures used when persons who are found incompetent to stand trial or found not guilty by reason of insanity are civilly committed to psychiatric institutions. Among other provisions, A-450 requires that prosecutors be notified before these persons can be administratively discharged from confinement in the institutions and be notified before judges can make final decisions concerning whether the criminal charges against these persons should be continued or dismissed.

     This bill provides that, whenever prosecutors are notified pursuant to A-450 of proceedings to be held concerning persons found mentally incompetent to stand trial or found not guilty by reason of insanity, the victims of the criminal offenses allegedly committed by these persons would also be notified of the proceedings.

 

 

                             

Requires that victims be notified when defendants found unfit to stand trial or found not guilty by reason of insanity undergo further court proceedings or are eligible for release from psychiatric institutions.