Bill Text: NJ A375 | 2024-2025 | Regular Session | Comm Sub
Bill Title: Establishes three-year pilot program in Middlesex, Monmouth, and Union counties for electronic monitoring of certain offenders; appropriates $15 million.
Sponsorship: Partisan Bill (Democrat 6)
Status: (Introduced - Dead) 2025-05-15 - Committee Substitute but not reported [A375 Detail]
Download: New_Jersey-2024-A375-Comm_Sub.html
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 375
STATE OF NEW JERSEY
221st LEGISLATURE
ADOPTED MAY 15, 2025
Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywomen Reynolds-Jackson, Murphy, Assemblyman Egan and Assemblywoman Morales
SYNOPSIS
Establishes three-year pilot program in Middlesex, Monmouth, and Union counties for electronic monitoring of certain offenders; appropriates $15 million.
CURRENT VERSION OF TEXT
Substitute as adopted by the Assembly Regulated Professions Committee.
An Act establishing an electronic monitoring pilot program for certain offenders, supplementing Title 2C of the New Jersey Statutes, amending P.L.1991, c.261, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. There is established a three-year pilot program in Middlesex, Monmouth, and Union counties for the electronic monitoring of certain offenders. Pursuant to the pilot program, the Attorney General, the Administrative Office of the Courts, and the State Parole Board shall establish a program for electronic monitoring of certain defendants charged with or convicted of any of the following crimes:
(1) sexual assault or aggravated sexual assault pursuant to N.J.S.2C:14-2;
(2) human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8);
(3) kidnapping pursuant to N.J.S.2C:13-1;
(4) a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19); or
(5) a crime of contempt of a domestic violence order entered pursuant to P.L.1991, c.261 (C.2C:25-17 et al.).
b. The pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) shall also provide for notification to the victims.
2. (New section) a. Electronic monitoring pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) may be ordered only with the victim's informed consent as defined in section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. In making the determination whether to place the defendant on electronic monitoring, the court shall hold a hearing to consider the defendant's potential dangerousness to the victim and the likelihood that the defendant's participation in electronic monitoring will deter the defendant from injuring the victim.
c. Pursuant to subsection b. of this section, 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;
(2) the defendant's previous history of committing domestic violence, if any;
(3) the defendant's history of committing crimes, 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.
d. In considering the factors set forth in this subsection, the court shall use a risk assessment instrument approved by the Administrative Director of the Courts. The risk assessment instrument shall be objective, standardized, and developed based on analysis of empirical data and risk factors relevant to the risk of whether the defendant will commit a future act of violence against the victim.
e. The court shall order every defendant placed on electronic monitoring to receive appropriate counseling.
3. (New section) a. 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.
b. Any such electronic monitoring device and tracking system shall be operated by an entity under contract with the State. The monitoring and tracking system shall:
(1) operate 24 hours a day; and
(2) provide notification to the defendant and the victim when the defendant is within the following specified distances from the victim:
(a) three miles;
(b) one mile, in which case law enforcement is also notified; and
(c) one-half of a mile.
c. (1) A defendant convicted of a crime enumerated in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and ordered by the court to be placed on electronic monitoring shall be ordered to pay an initial monitoring fee of $250 and a daily monitoring fee of $50 per day. The court may also order the defendant to pay costs and expenses of victim notification.
(2) The court may waive payment of a portion of the fees, costs, and expenses set forth in paragraph (1) of this subsection based on the defendant's ability to pay, and may waive all such fees, costs, and expenses in cases of extreme financial hardship.
d. The fees set forth in subsection c. of this section shall be collected as provided by the Rules of Court and forwarded to the "Electronic Monitoring and Crime Victim Notification Fund" established pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
e. Notwithstanding any other provision of law to the contrary, no supplier of a product, system, or service used for electronic monitoring with victim notification in the electronic monitoring pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable, directly or indirectly, for damages arising from any injury or death associated with the use of the product, system or service unless, and only to the extent that, such action is based on a claim that the injury or death was proximately caused by a manufacturing defect in the product or system.
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 pilot 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).
4. (New section) a. Pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill), when a defendant is convicted of any crime set forth in subsection b. of this section, the court may, in addition to any other disposition:
(1) sentence the defendant to electronic monitoring with victim notification; or
(2) 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.
b. The provisions of this section apply to a conviction of any of the following crimes:
(1) sexual assault or aggravated sexual assault pursuant to N.J.S.2C:14-2;
(2) human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8);
(3) kidnapping pursuant to N.J.S.2C:13-1;
(4) a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19); or
(5) a crime 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.).
c. Pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill), when a defendant is charged with and released pending trial for any of the crimes set forth in subsection b. of this section, the court may, as a condition of release, order electronic monitoring of the defendant with victim notification.
5. (New section) Any person who tampers with, removes, or vandalizes an electronic monitoring device worn or utilized by a defendant pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) is guilty of a crime of the third degree.
6. (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 pilot 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 other criminal acts committed against the victim; 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.
7. (New section) a. In addition to the provisions of section 1 of P.L.2001, c.195 (C.2C:25-29.1), pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) any person found by the court in a final hearing pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29) to have committed an act of domestic violence shall be ordered by the court to pay a civil penalty of $200 pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill). In imposing this civil penalty, the court shall take into consideration the nature and degree of injury suffered by the victim. The court may waive the penalty in cases of extreme financial hardship.
b. In addition to any other disposition, pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) the court shall impose a civil penalty of $250 on any person convicted of:
(1) a crime or offense involving domestic violence, as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or
(2) 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.).
Notwithstanding the provisions of subsection b. of this section, if the person was previously or subsequently assessed the monitoring fee imposed pursuant to section 3 of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall not impose the civil penalty pursuant to this subsection.
8. (New section) In addition to any other disposition, the court shall impose a civil penalty of $250 pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) on any person convicted of:
a. sexual assault or aggravated sexual assault pursuant to N.J.S.2C:14-2;
b. human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8); or
c. kidnapping pursuant to N.J.S.2C:13-1.
Notwithstanding the provisions of subsection b. of this section, if the person was previously or subsequently assessed the monitoring fee imposed pursuant to section 3 of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall not impose the civil penalty pursuant to this section.
9. (New section) a. There is hereby established the "Electronic Monitoring and Crime Victim Notification Fund," a dedicated, non-lapsing fund within the General Fund and administered by the Attorney General. The fund shall be the depository of the following moneys:
(1) the costs and expenses imposed on the defendant for electronic monitoring and victim notification pursuant to section 3 of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) the initial monitoring fee of $250 and the daily monitoring fee of $50 per day assessed pursuant to section 3 of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill);
(3) the civil penalties set forth in section 7 of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill);
(4) the civil penalty set forth in section 8 of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill); and
(5) any other monies that may be available to the fund through appropriation by the Legislature or any public or private source.
b. All moneys deposited in the "Electronic Monitoring and Crime Victim Notification Fund" shall be used to defray the costs of electronic monitoring with victim notification pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill).
10. (New section) There is appropriated from the General Fund $12 million to the "Electronic Monitoring and Crime Victim Notification Fund" created by section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill) to effectuate the provisions of the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill).
11. Section 3 of P.L.1991, c.261 (C.2C:25-19) is amended to read as follows:
3. As used in this act:
a. "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:
(1) Homicide N.J.S.2C:11-1 et seq.
(2) Assault N.J.S.2C:12-1
(3) Terroristic threats N.J.S.2C:12-3
(4) Kidnapping N.J.S.2C:13-1
(5) Criminal restraint N.J.S.2C:13-2
(6) False imprisonment N.J.S.2C:13-3
(7) Sexual assault N.J.S.2C:14-2
(8) Criminal sexual contact N.J.S.2C:14-3
(9) Lewdness N.J.S.2C:14-4
(10) Criminal mischief N.J.S.2C:17-3
(11) Burglary N.J.S.2C:18-2
(12) Criminal trespass N.J.S.2C:18-3
(13) Harassment N.J.S.2C:33-4
(14) Stalking P.L.1992, c.209 (C.2C:12-10)
(15) Criminal coercion N.J.S.2C:13-5
(16) Robbery N.J.S.2C:15-1
(17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense
(18) Any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.)
(19) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)
(20) Human trafficking P.L.2005, c.77, s.1 (C.2C:13-8)
When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).
b. "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.
c. "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.
d. "Victim of domestic violence" means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
e. "Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.
(cf: P.L.2016, c.77, s.1)
12. (New section) Pursuant to the pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill), there is appropriated from the General Fund $3 million to the Domestic Violence Victims' Fund established by section 3 of P.L.2001, c.195 (C.30:14-15).
13. (New section) The Attorney General, in conjunction with the Administrative Office of the Courts and the State Parole Board, and any other entities that the Attorney General deems necessary, shall monitor the electronic monitoring pilot program established by P.L. , c. (C. ) (pending before the Legislature as this bill) and shall report to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) 12 months after the organization of the pilot program and within six months after expiration of the pilot program. The reports shall evaluate the effectiveness of the pilot program and recommend whether the program should be continued or expanded.
14. (New section) The Attorney General, in conjunction with the Administrative Office of the Courts and the State Parole Board, and any other entities that the Attorney General deems necessary, shall promulgate rules and regulations to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
15. This act shall take effect on the 90th day after the date of enactment and shall expire three years after the effective date, except the Attorney General; the Administrative Director of the Courts; the State Parole Board; and any other entities that the Attorney General deems necessary may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
