Bill Text: NJ S4475 | 2026-2027 | Regular Session | Introduced
Bill Title: Requires law enforcement to notify State Parole Board when parolee violates domestic violence restraining order.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-06-18 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4475 Detail]
Download: New_Jersey-2026-S4475-Introduced.html
Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Requires law enforcement to notify State Parole Board when parolee violates domestic violence restraining order.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning parolee violations of domestic violence restraining orders, amending various parts of the statutory law, 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. Section 14 of P.L.1991, c.261 (C.2C:25-30) is amended to read as follows:
14. Except as provided below, a violation by the defendant of an order issued pursuant to [this act] P.L.1991, c.261 (C.2C:25-17 et seq.) shall constitute an offense under subsection b. of N.J.S.2C:29-9 and each order shall [so] state the violation resulting in the offense. All contempt proceedings conducted pursuant to N.J.S.2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court. All contempt proceedings brought pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) shall be subject to any rules or guidelines established by the Supreme Court to guarantee the prompt disposition of criminal matters.
Additionally, and notwithstanding the term of imprisonment provided in N.J.S.2C:43-8, any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of [this act] P.L.1991, c.261 (C.2C:25-29) shall be excluded from enforcement under subsection b. of N.J.S.2C:29-9; however, violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.
(cf: P.L.1994, c.94, s.6)
2. Section 15 of P.L.1991, c.261 (C.2C:25-31) is amended to read as follows:
15. Where a law enforcement officer finds that there is probable cause that a defendant has committed contempt of an order entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.), the defendant shall be arrested and taken into custody by a law enforcement officer. The law enforcement officer shall follow these procedures:
The law enforcement officer shall transport the defendant to the police station or such other place as the law enforcement officer shall determine is proper. The law enforcement officer shall:
a. Conduct a search of the domestic violence central registry and sign a complaint concerning the incident which gave rise to the contempt charge;
b. Telephone or communicate in person or by facsimile with the appropriate judge assigned pursuant to this act and request bail be set on the contempt charge;
c. If the defendant is unable to meet the bail set, take the necessary steps to insure that the defendant shall be incarcerated at police headquarters or at the county jail; and
d. During regular court hours, the defendant shall have bail set by a Superior Court judge that day. On weekends, holidays and other times when the court is closed, the officer shall arrange to have the clerk of the Family Part notified on the next working day of the new complaint, the amount of bail, the defendant's whereabouts and all other necessary details. In addition, if a municipal court judge set the bail, the arresting officer shall notify the clerk of that municipal court of this information.
e. If, through a search of the domestic violence central registry conducted pursuant to subsection a. of this section, or through other means, including but not limited to a search of information available from the State Parole Board, the law enforcement officer determines or has reason to believe that a defendant charged with a violation is currently serving a sentence of parole supervision, the county prosecutor or law enforcement agency shall immediately notify the Chairman of the State Parole Board that the contempt charge is pending against the defendant.
(cf: P.L.1999, c.421, s.5)
3. Section 1 of P.L.1999, c.421 (C.2C:25-34) is amended to read as follows:
1. The Administrative Office of the Courts shall establish and maintain a central registry of all persons who have had domestic violence restraining orders entered against them, all persons who have been charged with a crime or offense involving domestic violence, and all persons who have been charged with a violation of a court order involving domestic violence. The central registry shall , pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), indicate whether a person in the registry is currently serving a sentence of parole supervision. All records made pursuant to this section shall be kept confidential and shall be released only to:
a. A public agency authorized to investigate a report of domestic violence;
b. A county prosecutor, or police or other law enforcement agency investigating a report of domestic violence, including determining whether a person charged with violating a temporary or final restraining order is currently serving a sentence of parole supervision, or conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer, or for any other purpose authorized by law or the Supreme Court of the State of New Jersey;
c. A court, upon its finding that access to such records may be necessary for determination of an issue before the court;
d. A surrogate, in that person's official capacity as deputy clerk of the Superior Court, in order to prepare documents that may be necessary for a court to determine an issue in an adoption proceeding; [or]
e. The Division of Child Protection and Permanency in the Department of Children and Families when the division is conducting a background investigation involving:
(1) an allegation of child abuse or neglect, to include any adult member of the same household as the individual who is the subject of the abuse or neglect allegation; or
(2) an out-of-home placement for a child being placed by the Division of Child Protection and Permanency, to include any adult member of the prospective placement household; or
f. The State Parole Board for the purpose of determining whether a parolee is the subject of a domestic violence restraining order, or has been charged with a violation of a court order involving domestic violence.
Any individual, agency, surrogate, or court which receives from the Administrative Office of the Courts the records referred to in this section shall keep the records and reports, or parts thereof, confidential and shall not disseminate or disclose such records and reports, or parts thereof; provided that nothing in this section shall prohibit a receiving individual, agency, surrogate or court from disclosing records and reports, or parts thereof, in a manner consistent with and in furtherance of the purpose for which the records and reports or parts thereof were received.
Any individual who disseminates or discloses a record or report, or parts thereof, of the central registry, for a purpose other than investigating a report of domestic violence, conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer, making a determination of an issue before the court, conducting a background investigation as specified in subsection e. of this section, or for any other purpose other than that which is authorized by law or the Supreme Court of the State of New Jersey, shall be guilty of a crime of the fourth degree.
(cf: P.L.2012, c.16, s.9)
4. Section 10 of P.L.1979, c.441 (C.30:4-123.54) is amended to read as follows:
10. a. At least 120 days but not more than 180 days prior to the parole eligibility date of each adult inmate, a report concerning the inmate shall be filed with the appropriate board panel, by the staff members designated by the superintendent or other chief executive officer of the institution in which the inmate is held.
b. (1) The report filed pursuant to subsection a. shall contain preincarceration records of the inmate, including any history of civil commitment, any disposition which arose out of any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition of those charges and any acquittals by reason of insanity pursuant to N.J.S.2C:4-1, state the conduct of the inmate during the current period of confinement, include a complete report on the inmate's social and physical condition, include an investigation by the Division of Parole of the inmate's parole plans, and present information bearing upon the likelihood that the inmate will commit a crime under the laws of this State if released on parole. The report shall also include a complete psychological evaluation of the inmate in any case in which the inmate was convicted of a first or second degree crime involving violence and:
(a) the inmate has a prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant to N.J.S.2C:4-6; or
(b) the inmate has a prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of the third degree pursuant to P.L.1992, c.209 (C.2C:12-10); or
(c) the inmate has a prior diagnosis of psychosis.
The inmate shall disclose any information concerning any history of civil commitment.
The preincarceration records of the inmate contained in the report shall include any psychological reports prepared in connection with any court proceedings.
(2) At the time of sentencing, the prosecutor shall notify any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder victim of the opportunity to present a written or videotaped statement for the parole report to be considered at the parole hearing or to testify to the parole board concerning his harm at the time of the parole hearing. Each victim or relative shall be responsible for notifying the board of his intention to submit such a statement and to provide an appropriate mailing address.
The report may include a written or videotaped statement concerning the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the continuing effect of the crime upon the victim's family. At the time public notice is given that an inmate is being considered for parole pursuant to this section, the board shall also notify any victim or nearest relative who has previously contacted the board of the availability to provide a written or videotaped statement for inclusion in the parole report or to present testimony at the parole hearing.
The board shall notify the victim or relative at the victim's or relative's last known mailing address.
(3) If the inmate meets the requirements for administrative parole release pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d) the report shall indicate this eligibility.
(4) If the inmate is the subject of a temporary or final restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), the report shall reflect that the inmate is subject to such an order.
c. A copy of the report filed pursuant to subsection a. of this section, excepting those documents which have been classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, shall be served on the inmate at the time it is filed with the board panel. The inmate may file with the board panel a written statement regarding the report, but shall do so within 105 days prior to the primary parole eligibility date.
d. Upon receipt of the public notice pursuant to section 1 of P.L.1979, c.441 (C.30:4-123.45), a county prosecutor, a public defender, or a private attorney of record may request from the parole board a copy of the report on any adult inmate prepared pursuant to subsection a. of this section, which shall be expeditiously forwarded to the county prosecutor by the parole board by mail, courier, or other means of delivery. Upon receipt of the report, the prosecutor has 10 working days to review the report and notify the parole board of the prosecutor's comments, if any, or notify the parole board of the prosecutor's intent to provide comments. If the county prosecutor does not provide comments or notify the parole board of the prosecutor's intent to provide comments within the 10 working days, the parole board may presume that the prosecutor does not wish to provide comments and may proceed with the parole consideration. Any comments provided by a county prosecutor shall be delivered to the parole board by the same method by which the county prosecutor received the report. The confidentiality of the contents in a report which are classified as confidential shall be maintained and shall not be disclosed to any person who is not authorized to receive or review a copy of the report containing the confidential information.
e. Any provision of this section to the contrary notwithstanding, the board shall by rule or regulation modify the scope of the required reports and time periods for rendering such reports with reference to county penal institutions.
f. Notwithstanding any provision of this section, the board may modify the time periods for submitting the reports required pursuant to this section in processing an inmate whose parole eligibility date is accelerated pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55).
(cf: P.L.2019, c.364, s.9)
5. (New section) a. (1) Upon a determination by the State Parole Board that an inmate shall be released on parole, the parole board shall conduct a search of the domestic violence central registry, established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34), to determine whether the inmate is the subject of a temporary or final restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991,: P.L.1991, c.261 (C.2C:25-17 et seq.).
(2) Pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the search reveals that the inmate is the subject of a temporary or final restraining order, the parole board shall immediately notify the Administrative Office of the Courts so that the person's status as a parolee may be reflected in the domestic violence central registry. The parole board also shall notify the Administrative Office of the Courts when the term of parole supervision has terminated so that the registry may, pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), be updated to reflect that change.
b. (1) For all persons serving a term of parole supervision as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), whose term of parole supervision commenced prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the State Parole Board shall conduct a search of the domestic violence central registry.
(2) Pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the search reveals that a parolee is the subject of a temporary or final domestic violence restraining order, the parole board shall immediately notify the Administrative Office of the Courts so that the person's status as a parolee may be reflected in the domestic violence central registry. The parole board also shall notify the Administrative Office of the Courts when the term of parole supervision has terminated so that the registry may, pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), be updated to reflect that change.
c. If the State Parole Board becomes aware that an inmate who is scheduled to be released on parole, or a current parolee, is the subject of a temporary or final domestic violence restraining order, the board may, pursuant to its authority under Title 30 of the New Jersey Statutes, impose such conditions of parole as are appropriate to conform to the terms of the restraining order.
6. (New section) No later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Administrative Office of the Courts, in consultation with the State Parole Board, shall develop and implement an appropriate data sharing system, consistent with section 1 of P.L.1999, c.421 (C.2C:25-34), for the exchange of domestic violence central registry and parole information to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect on the first day of the second month next following the date of enactment.
STATEMENT
This bill requires a prosecutor or law enforcement officer to notify the State Parole Board (SPB) when a parolee is charged with violating a domestic violence restraining order. The bill establishes procedures for reflecting a person's status as a parolee in the domestic violence central registry, and requires the prosecutor or law enforcement agency to notify the SPB when a parolee is charged with a violation.
Under current law, the Administrative Office of the Courts (AOC) is required to maintain a domestic violence central registry of any person who has had a domestic violence restraining order entered against them, who has been charged with a crime or offense involving domestic violence, and who has been charged with a violation of a court order involving domestic violence. Current law does not, however, establish procedures for notifying the SPB when a parolee is charged with violating a domestic violence restraining order, or for notifying the AOC that a person on the registry is on parole or will be paroled.
Under the bill, SPB is required to notify the AOC, and the AOC is required to update the registry, to reflect that a person in the registry is currently serving a term of parole supervision. The bill requires the AOC, in consultation with the SPB, to develop a data sharing system within one year of the bill's effective date.
To facilitate this notification process, the bill authorizes the SPB to access the registry to determine if a parolee is the subject of a domestic violence restraining order or has been charged with a violation of a domestic violence restraining order. The SPB is required to notify the AOC when the term of parole supervision has terminated. The SPB is also required to indicate in the parole report, which is required to be filed with the board panel prior to an inmate's parole eligibility date, whether the person is the subject of a domestic violence restraining order. Finally, if a restraining order is in effect, the bill authorizes the SPB to impose conditions of parole to conform to the terms of the restraining order.
