Bill > S2471

Introduced Session

This bill establishes a program of electronic monitoring of certain offenders with victim notification. The bill would apply to certain defendants charged with or convicted of any of the following: sexual assault or aggravated sexual assault; human trafficking; kidnapping; a crime involving domestic violence; or a crime of contempt of a domestic violence order. Electronic monitoring would be ordered only with the victim's informed consent. Court hearing. The bill provides that the court, in making the determination whether to place the defendant on electronic monitoring, would hold a hearing to consider the defendant's potential dangerousness to the victim and the likelihood that the defendant's participation in electronic monitoring would deter the defendant from injuring the victim. The court would consider a number of factors including, but not limited to, the gravity and seriousness of harm that the defendant inflicted on the victim in the commission of the act, and any previous history of committing domestic violence or crimes. In considering these factors, the court would use a risk assessment instrument approved by the Administrative Director of the Courts that would 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. At the hearing, the court would consider the gravity and seriousness of harm that the defendant inflicted on the victim; the defendant's previous history of domestic violence, if any; the defendant's history of other criminal acts, if any; whether the defendant has access to a weapon, has threatened suicide or homicide, has a history of mental illness or has been civilly committed; and whether the defendant has a history of alcohol abuse or substance abuse. In considering these factors, the court would use a risk assessment instrument approved by the Administrative Director of the Courts. The instrument would 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 a victim of domestic violence. Standards for monitoring device and tracking system. The bill requires that any electronic monitoring device and tracking system worn or utilized by a defendant 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. The NIJ Standard encompasses protocols for performance, safety, software requirements, and testing of electronic monitoring devices. The National Institute of Justice is the research, development, and evaluation agency of the United States Department of Justice. Fees. Under the bill, a defendant ordered by the court to be placed on electronic monitoring would be ordered to pay an initial monitoring fee of $250 and a monitoring fee of $50 per day. The court may also order the defendant to pay costs and expenses of victim notification. The court may waive payment of a portion of the fees, costs, and expenses based on the defendant's ability to pay, and may waive all such fees, costs, and expenses in cases of extreme financial hardship. Civil penalties. The bill also provides for the following civil penalties: (1) any person found by the court in a final domestic violence hearing to have committed an act of domestic violence would be required to pay a civil penalty of $200, which may be waived by the court in cases of extreme financial hardship; (2) any person convicted of a crime involving domestic violence, or convicted of contempt of a domestic violence order, would be required to pay a civil penalty of $250, unless the person was previously or subsequently assessed the $250 monitoring fee; and (3) any person convicted of sexual assault, aggravated sexual assault, human trafficking, or kidnapping would be required to pay a civil penalty of $250, unless the person was previously or subsequently assessed the $250 monitoring fee. Fund. All monitoring fees and civil penalties would be forwarded to the "Electronic Monitoring and Crime Victim Notification Fund" established under the bill. This fund would be a dedicated, non-lapsing fund within the General Fund administered by the Attorney General. The fund would be the depository of the costs and expenses imposed on the defendant and any other monies that may be available to the fund through appropriation by the Legislature or any public or private source. All moneys deposited in the fund would be used to defray the costs of the monitoring program. Counseling for defendant. The bill provides that the court would order every defendant placed on electronic monitoring to receive appropriate counseling. Tampering with electronic monitoring device. The bill would make it a crime of the third degree to tamper with, remove, or vandalize an electronic monitoring device. A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine of up to $15,000 or both. Information provided to victim. The bill requires the victim to be given the following information before providing informed consent: (1) information concerning 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; (2) 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; (3) the boundaries imposed on the defendant during the electronic monitoring; (4) the sanctions that the court may impose on the defendant for violating a court order; (5) the procedure that the victim is to follow if the defendant violates an order or if the electronic monitoring equipment fails; (6) identification of support services available to assist the victim in developing a safety plan; (7) identification of community services available to assist the victim in obtaining shelter, counseling, child care, legal representation and other assistance; and (8) 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. Monitoring and tracking system. Under the bill, any electronic monitoring device and tracking system would be operated by an entity under contract with the State. The monitoring and tracking system would: (a) operate 24 hours a day; and (b) provide notification to the defendant and the victim when the defendant is within the following specified distances from the victim: (i) three miles; (ii) one mile, in which case law enforcement is also notified; and (iii) one-half of a mile. Supplier immunity; exception for manufacturing defects. The bill further provides that no supplier of a product, system, or service used for electronic monitoring with victim notification in the Statewide program would 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. Public advertising not required. The bill also amends the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), to provide that services and equipment necessary for the implementation of the Statewide program could be negotiated and awarded by a governing body without public advertising for bids and bidding, and be awarded by resolution of the governing body. Appropriation. The bill appropriates $50 million from the General Fund to the "Electronic Monitoring and Crime Victim Notification Fund" established by the bill. Report to Governor and Legislature. The bill provides that not later than one year following the implementation of the Statewide program, and annually thereafter for a total of four years, the Attorney General is to submit a report to the Governor and Legislature containing an evaluation of the Statewide program. Procedures to report noncompliance by defendant. In addition, the bill requires the Attorney General, in consultation with the Administrative Office of the Courts, to 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 program. All reports of noncompliance would be investigated by a law enforcement officer within a reasonable period of time. Effective date. This bill would take effect on the 90th day after enactment, except the Attorney General, Administrative Office of the Courts, Division of Probation Services, and the State Parole Board, and any other entities that the Attorney General deems necessary, may take such anticipatory administrative action in advance as would be necessary for the implementation of the bill.

Committee Categories

Andrew Zwicker (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/05/2024)

Official Document