Bill Text: NJ S2513 | 2012-2013 | Regular Session | Amended
Bill Title: Expands notification when an offender is released from custody or transferred within the criminal justice system.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2014-01-09 - Substituted by A3692 (3R) [S2513 Detail]
Download: New_Jersey-2012-S2513-Amended.html
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, Nos. 2513 and 2522
STATE OF NEW JERSEY
215th LEGISLATURE
ADOPTED FEBRUARY 21, 2013
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
Co-Sponsored by:
Senators Bateman, Connors and A.R.Bucco
SYNOPSIS
Expands notification when an offender is released from custody or transferred within the criminal justice system.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on December 5, 2013, with amendments.
An Act concerning certain notification about offenders, supplementing Title 52 of the Revised Statutes and amending P.L.1994, c.135.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Attorney General shall maintain, or arrange for the State to participate in, an automatic notification system to alert crime victims, witnesses, and other appropriate persons when an offender is released from custody or is transferred within the correctional system.
b. Notification of the offender's change of custody shall be made to persons who have elected to register with the automatic notification system. Victims, witnesses, and other appropriate persons, as determined by the prosecuting agency, shall be provided with the opportunity to supply contact information in order to be notified when the offender's custody status changes. The automatic notification system shall alert the victim, witnesses, and other appropriate persons about the custody status change.
c. Nothing in this act shall be construed to limit or impair the notification of investigating agencies or county correctional facilities when an offender's custody status has changed if any person who had registered pursuant to this section cannot be contacted.
d. 1[Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the] The1 Attorney General, 1[may adopt rules and regulations] shall issue a directive1 to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. Section 1 of P.L.1994, c.135 (C.30:4-123.53a) is amended to read as follows:
1. a. As used in this act: "Prosecutor" means the county prosecutor of the county in which the defendant was convicted unless the matter was prosecuted by the Attorney General, in which case "prosecutor" means the Attorney General.
"Office of Victim Witness Advocacy" means the Office of Victim Witness Advocacy of the county in which the defendant was convicted.
b. Notwithstanding any other provision of law to the contrary, the State shall provide written notice to the prosecutor of the anticipated release from incarceration in a county or State penal institution or the Adult Diagnostic and Treatment Center of a person convicted of murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; 1[kidnaping] kidnapping1 pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses. In cases involving a release on parole, the State Parole Board shall provide the notice required by this subsection. In all other cases, including but not limited to release upon expiration of sentence or release from incarceration due to a change in sentence, the Department of Corrections shall provide the notice required by this subsection.
c. Notwithstanding any other provision of law to the contrary, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) shall provide written notice to the prosecutor of the anticipated release from incarceration of a juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; 1[kidnaping] kidnapping1 pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.
d. If available, the notice shall be provided to the prosecutor 90 days before the inmate's anticipated release; provided however, the notice shall be provided at least 30 days before release. The notice shall include the person's name, identifying factors, offense history, and anticipated future residence. The prosecutor shall notify the Office of Victim 1[and]1 Witness Advocacy and that office shall use any reasonable means available to them to notify the victim 1[, witnesses, and any other appropriate person, as determined by the prosecutor,]1 of the anticipated release unless the [victim] 1[person] victim1 has requested not to be notified. 1The Office of Victim Witness Advocacy shall use any reasonable means available to also notify witnesses and other appropriate persons, as determined by the prosecutor in accordance with the directive issued by the Attorney General, who have requested notification of the anticipated release.1
e. Upon receipt of notice, the prosecutor shall provide notice to the law enforcement agency responsible for the municipality where the inmate will reside, the municipality in which any victim resides, and such other State and local law enforcement agencies as appropriate for public safety.
(cf: P.L.2001, c.79, s.8)
3. This act shall take effect on the first day of the third month following the date of enactment, except the Attorney General, where appropriate, may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
