SENATE, No. 1219
STATE OF NEW JERSEY
INTRODUCED MAY 30, 1996
By Senators GIRGENTI and KOSCO
An Act concerning the provision of information regarding crimes, amending P.L.1985, c.404 and supplementing P.L.1971, c.317 (C.52:4B-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1985, c.404 (C.52:4B-44) is amended to read as follows:
6. a. The Attorney General shall, through the Office of Victim-Witness Advocacy in the Division of Criminal Justice in the Department of Law and Public Safety and in consultation with the county prosecutors, promulgate standards for law enforcement agencies to ensure that the rights of crime victims are enforced.
b. The standards shall require that the Office of Victim-Witness Advocacy in the Division of Criminal Justice and each county prosecutor's office provide the following services, which may be through a toll-free telephone hotline established by a county, and shall be made upon request for victims and witnesses involved in the prosecution of a case:
(1) Orientation information about the criminal justice system and the victim's and witness's role in the criminal justice process;
(2) Notification of any change in the case status and of final disposition;
(3) Information on crime prevention and on available responses to witness intimidation;
(4) Information about available services to meet needs resulting from the crime and referrals to service agencies, where appropriate;
(5) Advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing;
(6) Advance notice of when presence in court is not needed;
(7) Advice about available compensation, restitution and other forms of recovery and assistance in applying for government compensation;
(8) A waiting or reception area separate from the defendant for use during court proceedings;
(9) An escort or accompaniment for intimidated victims or witnesses during court appearances;
(10) Information about directions, parking, courthouse and courtroom locations, transportation services and witness fees, in advance of court appearances;
(11) Assistance for victims and witnesses in meeting special needs when required to make court appearances, such as transportation and child care arrangements;
(12) Assistance in making travel and lodging arrangements for out-of-State witnesses;
(13) Notification to employers of victims and witnesses, if cooperation in the investigation or prosecution causes absence from work;
(14) Notification of the case disposition, including the trial and sentencing;
(15) Assistance to victims in submitting a written statement to a representative of the county prosecutor's office about the impact of the crime prior to the prosecutor's final decision concerning whether formal charges will be filed;
(16) Advice to victims about their right to make a statement about the impact of the crime for inclusion in the presentence report or at time of parole consideration, if applicable;
(17) Notification to victims of the right to make an in-person statement, prior to sentencing, directly to the sentencing court concerning the impact of the crime;
(18) Expediting the return of property when no longer needed as evidence; and
(19) Advise and counsel, or refer for advice or counseling, victims of sexual assault, or other criminal acts involving a risk of transmission of disease, concerning available medical testing and assist such victims, or refer such victims for assistance, in obtaining appropriate testing, counseling and medical care and in making application to the Violent Crimes Compensation Board for compensation for the costs of such testing, counseling and care;
(20) Assistance to victims in submitting a written impact statement to a representative of the county prosecutor's office concerning the impact of the crime which shall be considered prior to the prosecutor's accepting a negotiated plea agreement containing recommendations as to sentence and assistance to victims in securing an explanation of the terms of any such agreement and the reasons for the agreement;
(21) Notification, which, pursuant to standards promulgated by the Attorney General, may be electronic and automatic in certain cases, to the victim of the defendant's release from custody which shall include:
(a) notice of the defendant's escape from custody and return to custody following escape;
(b) notice of any other release from custody, including placement in an Intensive Supervision Program or other alternative disposition, and any associated conditions of release;
(c) notice of the filing by an inmate of an application for commutation of sentence pursuant to N.J.S.2A:167-4 and its disposition;
(d) notice of parole consideration pursuant to provisions of P.L.1979, c.441 (C.30:4-123.45 et seq.); and
(e) notice of the pending release of an inmate due to expiration of sentence; [and]
(22) Interpreting services for victims and witnesses when necessary to assist a victim or witness who is hearing impaired or developmentally disabled as defined in section 3 of P.L.1977, c.82 (C.30:6D-3) to understand questions and frame answers[.]; and
(23) Information to victims and witnesses concerning the name and location of any correctional facility in which the defendant is detained or an inmate is incarcerated, as the case may be.
c. In a case involving a victim of aggravated sexual assault or sexual assault as defined in subsection a. or c. of N.J.S.2C:14-2, the Office of Victim-Witness Advocacy or the county prosecutor's office involved in the case shall:
(1) Notify the victim of the victim's right to obtain an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS, and assist the victim, or refer the victim for assistance, in obtaining a test and appropriate counseling and medical care;
(2) Notify the victim of the victim's right to obtain a court order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) requiring the offender to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS in the event that the offender is indicted, formally charged, convicted or adjudicated delinquent;
(3) Communicate the request of a victim who agrees to seek an order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) to the prosecutor handling the case and notify the victim or arrange for the victim to be notified of the test result; and
(4) Assist the victim in applying to the Violent Crimes Compensation Board for compensation for the costs of testing, counseling and medical care.
(cf: P.L.1995, c.98, s.2)
2. (New section) A county may establish a pay-per-use telephone service. The service shall enable members of the public to obtain the information available to victims and witnesses under section 6 of P.L.1985, c.404 (C.52:4B-44). Proceeds from a pay-per-use service shall be used by a county to defray the cost of the service and the cost of a toll-free telephone hotline established pursuant to section 6 of P.L.1985, c.404 (C.52:4B-44).
3. (New section) A county which establishes by resolution or ordinance, as appropriate, a toll-free telephone hotline for victims and witnesses or an electronic notification system pursuant to subsection b. of section 6 of P.L.1985, c.404 (C.52:4B-44) shall be entitled to assess a person charged with a criminal offense a fee no greater than one percent of the total amount required to be posted as bail, which amount shall be paid in cash. This fee shall be forwarded to the county treasurer no later than the 10th day of the month following its collection for deposit in a dedicated account to be used to defray the start up and continuing costs of a pay-per-use telephone service established pursuant to section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill) or of a crime victim and witness toll-free telephone hotline or an electronic notification system established pursuant to section 6 of P.L.1985, c.404 (C.52:4B-44). If fee collections exceed program costs, the fee shall be reduced proportionately and shall be eliminated when no longer necessary. Upon a finding that the defendant is not guilty of a criminal offense, the fee authorized by this section shall, by order of the appropriate court, be refunded to the payer.
4. This act shall take effect on the first day of the seventh month after enactment, except that the counties may take such anticipatory administrative action in advance as shall be necessary upon enactment for the implementation of this act.
STATEMENT
This bill authorizes counties to establish funding mechanisms to support a crime case hotline for victims and witnesses, a computer-aided victim notification system providing information on the release of offenders and those charged with crimes, and a pay-per-call jail information line. This legislative initiative, patterned in part on pending New York State legislation and a pilot program already operating in Passaic County, would empower victims and strengthen the counties' victim-witness programs in several ways.
A crime case toll-free hotline would provide a means for victims and witnesses to more easily obtain information relating to cases in which they are or have been involved. The law already provides for the Office of Victim-Witness Advocacy in the Division of Criminal Justice to ensure that the rights of crime victims are enforced in each county prosecutor's office by adherence to standards promulgated by the Attorney General. The standards set forth a wide variety of services and information, including advice and counsel to victims concerning their rights. These forms of assistance, which are triggered upon request, may be especially appreciated by victims and witnesses on a toll-free basis. For example, status information could be obtained about pending criminal proceedings, custody, court dates and incarceration sites.
The bill permits county prosecutors' offices to utilize a computerized device to notify victims by telephone of the release of defendants charged with or convicted of crimes. This device automatically dials a person on a preset periodic schedule until it is successful in reaching that person. In conjunction with current guidelines, this bill would provide for automatic computer-aided telephone notice for the following crimes: homicide, arson, robbery, domestic violence, death by auto, aggravated assault, sexual offenses, child abuse and attempts to commit all of the above offenses. In such cases presently, the arresting or investigating police agency immediately notifies the victim by telephone. For all other offenses, the police provide telephone notification within 48 hours of the offender's release. To date, notification in such cases has been inconsistent at best since authorities have lacked the resources to implement these important statutory and administrative guidelines.
The bill also provides that the public, including attorneys, bail bondsmen, family members of offenders and the media may be able to access a county-operated pay-per-call information line for similar crime case information. Too often, the corrections and court staff are unable to meet the public's need for such information. The caller would be billed a nominal charge by his telephone company. The proceeds of this telephone line would help to offset the expense of the toll-free line and the electronic notification system when a county establishes one or both of them.
The bill also authorizes counties to obtain additional funding for the bill's requirements by assessing a fee of up to one percent on the total amount required to be posted as bail by persons charged with a crime. It would be paid in cash and be refunded should the alleged offender be exonerated.
Permits counties to establish funding mechanisms for certain criminal offender information systems.