SENATE JUDICIARY COMMITTEE
STATEMENT TO
SENATE, No. 1385
with committee amendments
STATE OF NEW JERSEY
DATED: JUNE 13, 2024
The Senate Judiciary Committee reports favorably and with
committee amendments Senate Bill No. 1385.
This bill, as amended, establishes a four-year pilot program in
Ocean County, or a different county as determined by the Attorney
General pursuant to the provisions of the bill, for electronic monitoring
of certain domestic violence offenders and notification to victims. The
pilot program would be designated as “Lisa’s Law” in remembrance of
Letizia Zindell of Toms River, a domestic violence victim murdered
by her former fiancée.
This bill was pre-filed for introduction in the 2024-2025 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
APPLICABILITY
Electronic monitoring under the pilot program would be ordered
only with the victim’s informed consent and would apply to
defendants convicted of contempt of a domestic violence order entered
pursuant to the provisions of the “Prevention of Domestic Violence
Act,” P.L.1981, c.426 (C.2C:25-1 et al.) or the “Prevention of
Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.).
As amended, the bill provides that when a defendant is convicted
of contempt of a domestic violence order the court may, in addition to
or in lieu of any other disposition:
(1) sentence the defendant to electronic monitoring with victim
notification for a period of time not to exceed the expiration of the
pilot program; 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.
DETERMINATIONS OF THE COURT
The bill provides that the court may, in making the determination
whether to place the defendant on electronic monitoring, hold a
hearing to consider the likelihood that the defendant's participation in
electronic monitoring would deter the defendant from injuring the 2
victim. The court would consider the following factors: the gravity
and seriousness of harm that the defendant inflicted on the victim that
resulted in the entry of a temporary or final restraining order or a
contempt order; the defendant’s previous history of domestic violence
and other criminal acts, if any; whether the defendant has access to a
weapon; and whether the defendant has threatened suicide or homicide
or has a history of mental illness or substance abuse. The court would
additionally consider the best interest of any children of the parties and
any other factors the court finds relevant to making its determination.
ELECTRONIC MONITORING DEVICE STANDARDS
This 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 (NIJ) in July 2016, and any successor
standards adopted by the NIJ. The NIJ Standard encompasses
protocols for performance, safety, software requirements, and testing
of electronic monitoring devices. The NIJ is the research,
development, and evaluation agency of the United States Department
of Justice.
The bill further provides that no supplier of a product, system, or
service used in the pilot program for electronic monitoring with victim
notification 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.
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 pilot 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.
FINES, FEES, AND OTHER LEGAL OBLIGATIONS AND CONSIDERATIONS
Under the bill, a defendant ordered by the court to be placed on
electronic monitoring may be ordered to pay the costs and expenses
related to electronic monitoring and victim notification or a portion of
the costs and expenses, based on the defendant’s ability to pay. In
addition, the defendant would be assessed a monitoring fee of $250.
The court could waive the fee in cases of extreme financial hardship.
The fee would be forwarded to the “Domestic Violence Victim
Notification Fund” established under the bill. This fund, a dedicated,
non-lapsing fund within the General Fund, would be administered by
the Attorney General. The fund is to 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 3
public or private source. All moneys deposited in the fund would be
used to defray the costs of the pilot program.
The bill also provides for the following civil penalties which would
expire at the end of the fifth year following implementation of the pilot
program: (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, but similar to the monitoring
fee this penalty may be waived in cases of extreme financial hardship;
and (2) in addition to any other disposition, the court would impose a
civil penalty of $250 on any person convicted of a crime or offense
involving domestic violence, or convicted of contempt of a domestic
violence order, unless the person was previously assessed the $250
monitoring fee.
Additionally, 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, a fine of up to $15,000, or both.
REQUIREMENTS OF THE ATTORNEY GENERAL, PROSECUTOR, AND LAW
ENFORCEMENT
As amended, the bill requires that prior to consenting to a
defendant’s participation in the electronic monitoring program, the
prosecutor’s office would be obligated to give the victim the following
information in order for the victim to ultimately provide the necessary
“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.
In addition, the bill requires the Attorney General, in consultation
with the State Parole Board, to develop procedures to determine,
investigate, and respond to a defendant’s noncompliance with the
terms and conditions of the electronic monitoring program on a 24- 4
hour-per-day basis. All reports of noncompliance would be
investigated by a law enforcement officer as expeditiously as possible.
The bill provides that not later than one year following the
implementation of the pilot program and annually thereafter for four
years, the Attorney General is to submit a report to the Governor and
Legislature containing an evaluation of the pilot program and include
in its report a recommendation as to whether the program should be
continued as a Statewide program. The annual report would also
include a cost impact analysis of the costs and expenses used to help
pay for electronic monitoring and victim notification, the monitoring
fee, and civil penalties imposed by the court on defendants to defray
the costs of the program.
Additionally, the bill requires the Attorney General, in conjunction
with the Division of Probation Services and the State Parole Board,
and in consultation with the Ocean County Prosecutor and Sheriff and
local victim service providers and abuse intervention programs, to
promulgate rules and regulations to effectuate the bill. The bill would
permit the Attorney General, while promulgating these rules and
regulations, to change the county in which the pilot program is located
if the Attorney General determines that a different county may be a
more effective venue for the pilot program.
APPROPRIATION
The bill appropriates $2.5 million from the General Fund to the
“Domestic Violence Victim Notification Fund,” and provides that
following the expiration of the four-year pilot program, any
unexpended funds are to be returned to the General Fund.
The committee amendments to the bill:
- expand the factors which a court may consider when determining
whether to place a defendant on electronic monitoring to include the
consideration of the best interests of any children of the parties and
any other factors the court finds relevant;
- require the State Parole Board, rather than the Administrative
Office of Courts, to work in consultation with the Attorney General in
developing procedures to determine, investigate, and respond to a
defendant’s noncompliance with the program;
- require law enforcement officers to respond to reports of
noncompliance as expeditiously as possible, rather than within a
“reasonable” period of time as indicated in the bill as introduced;
- limit the period for which a person can be sentenced to electronic
monitoring to be no longer than the expiration of the pilot program;
- clarify the definition of “informed consent” to provide that such
consent means that the prosecutor’s office provided the victim with the
detailed information required under the bill about how the monitoring
program would work prior to the victim consenting to a defendant’s
participation in the pilot program; 5
- remove the requirement that the Administrative Office of the
Courts work with the Attorney General in promulgating rules and
regulations to effectuate the bill, as the AOC would no longer have
any role in the administration of the program;
- include local victim service providers and abuse intervention
programs among the parties to be consulted by the Attorney General
when promulgating rules and regulations for the pilot program;
- permit the Attorney General, while promulgating rules and
regulations, to change the county in which the pilot program is
established if the Attorney General determined that a county other than
Ocean County would be a more effective venue; and
- require that the annual report issued by the Attorney General
regarding the program include a cost impact analysis of the various
court-imposed financial obligations ordered to be paid by defendants
to defray the costs of the program.