Bill Text: NJ A2256 | 2026-2027 | Regular Session | Amended
Bill Title: Concerns "Sexual Violence Restorative Justice Pilot Program."
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-05-04 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A2256 Detail]
Download: New_Jersey-2026-A2256-Amended.html
ASSEMBLY, No. 2256
STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Concerns "Sexual Violence Restorative Justice Pilot Program."
CURRENT VERSION OF TEXT
As reported by the Assembly Community Development and Women's Affairs Committee on May 4, 2026, with amendments.
An Act concerning the "Sexual Violence Restorative Justice Pilot Program" and amending P.L.2021, c.60.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2021, c.60 1(C. )1 is amended to read as follows:
1. a. The Attorney General shall establish a 1[three-year]1 "Sexual Violence Restorative Justice Pilot Program"1[, or of any other] for a1 duration for which funding is available, to implement a restorative justice program for survivors of sexual violence. The Attorney General shall [implement] utilize the Division of Violence and Victim Assistance to design this program and shall effectuate its implementation by entering into an agreement to conduct the program with an organization [to design the program and provide technical assistance and an agreement with a separate organization to conduct the program. The Attorney General shall select the organizations, who are to have], selected through the request for proposal process, that has demonstrated expertise in trauma informed care and which is not [be] associated with any law enforcement agency[, through requests for proposals. Both organizations shall be compensated].
b. Through the direct participation of survivors of sexual violence, including survivors who have chosen not to report the act of sexual violence to law enforcement, the program shall implement restorative justice practices which include, but are not limited to, upholding the principles of survivor autonomy, restoring a sense of control and independence to survivors, and emphasizing outcomes that are essential to the survivor's healing process.
A survivor of sexual assault and a person accused of sexual assault shall not be required to participate in the restorative justice program. If a survivor of sexual assault chooses to participate in the restorative justice program, the survivor may choose to no longer participate at any time.
The pilot program shall [be established in one northern, one central, and one southern county in this State, as determined by the Attorney General] provide program services to 1[victims] survivors1 located throughout the State.
c. The Attorney General, in conjunction with the [organizations] organization selected pursuant to subsection a. of this section, shall submit a report evaluating the effectiveness of the pilot program to the Governor and, pursuant to the provisions of section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature within 90 days of completion of the program. The report shall evaluate the pilot program and recommend whether the pilot program should be continued, expanded, or made permanent.
d. For the purposes of this section, "restorative justice" means an approach to repairing the harm caused by a crime through direct involvement of those affected, including the victim, the victim's family and friends, and the community, for the purpose of fulfilling the victim's expectations for justice while also holding accountable the person who caused the harm, and which may be implemented through varying formats, such as sharing circles, victim impact panels, and facilitated conferences.
e. (1) Any written or oral communication, submission, or action undertaken during or in preparation for a sexual violence restorative justice program interaction or as a follow-up to that interaction, or the fact that the interaction has been planned or convened shall be confidential and privileged and shall not be accessible to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). The communication, submission, or action shall not be referred to, used, or admitted in any civil, criminal, family court, or administrative proceeding, unless the privilege is waived during the proceeding or in writing by the party protected by the privilege.
Privileged information shall not be subject to discovery or disclosure in any judicial or extrajudicial proceeding.
(2) Any waiver of the privilege pursuant to paragraph (1) of this subsection shall be limited to the participation and communication of the party who waived the privilege. The participation or communication of any other participant shall remain privileged, unless waived by the other participant.
(3) Evidence that is otherwise admissible or subject to discovery shall not become inadmissible or protected from discovery solely because it was discussed or used in a restorative justice program interaction.
(4) If, in any civil, criminal, family court, or administrative proceeding, there is a challenge to a claim that a sexual violence restorative justice program interaction is privileged pursuant to paragraph (1) of this subsection, the judge shall conduct a hearing in camera to determine whether the interaction is privileged. 1[During the hearing, the judge may consider information that would otherwise be privileged to the extent that the information is probative of the issue] In conducting the in camera review, the judge may review the communication or information solely for the limited purpose of determining whether the privilege established pursuant to paragraph (1) of this subsection applies.1
(5) The privilege set forth in paragraph (1) of this subsection shall not apply if:
(a) disclosure is necessary to prevent death, serious bodily injury, or the commission of a crime;
(b) disclosure is necessary to comply with another law; or
(c) a judicial, quasi-judicial, or administrative body requires a report on a restorative justice program interaction, however, the report shall be limited to the fact that an interaction has taken place, an opinion regarding the success of the interaction, and whether further restorative justice program interactions are expected.
(cf: P.L.2021, c.60, s.1)
1Section 2 of P.L.2021, c.60 is amended to read as follows:
2. This act shall take effect immediately [and shall expire upon the filing of the report required pursuant to subsection c. of section 1 of P.L.2021, c.60].1
