N.J. Stat. tit. 52, ch. 4B

in effect

N.J. Stat. § 52:4B-1 Short title

This act shall be known and may be cited as the "Criminal Injuries Compensation Act of 1971." L.1971, c. 317, s. 1, eff. Oct. 4, 1971.

N.J. Stat. § 52:4B-2 Definitions.

2. As used in P.L.1971, c.317: "Agency" means the Victims of Crime Compensation Agency; "Child" means an unmarried person who is under 21 years of age and includes a stepchild or an adopted child; "Dependent" means a relative of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and shall include the child of a victim born after the victim's death; "Legal assistance" means assistance provided to a crime victim in the enforcement of victim's rights in all courts; family law matters, including, but not limited to, child protection actions, divorce, custody, parenting time, child support, emancipation, dependency, guardianship, and family reunification; obtaining protective and restraining orders; employment matters, including, but not limited to, wage and hour claims; accessing public benefits; life planning; and any other situation for which an eligible crime victim needs legal services related to the victimization; "Personal injury" means actual bodily harm and includes pregnancy and mental or nervous shock; "Relative" of any person means the person's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, or parent of the person's spouse; "Relevant evidence" means evidence having a tendency in reason to prove or disprove any fact of consequences to the determination of the action and that is deemed to be admissible under the rules of evidence and does not include rumor, supposition, and speculation, hearsay or opinion, except as otherwise deemed admissible under the rules of evidence; "Review Board" or "board" means the Victims of Crime Compensation Review Board established by section 2 of P.L.2007, c.95 (C.52:4B-3.2); "Victim" means a person who suffers personal, physical, or psychological injury or death as a result of the conduct of another person who commits against that person any of the offenses specified in section 11 of P.L.1971, c.317 (C.52:4B-11) or an act by a juvenile, which if committed by an adult, would constitute a violation of any of these offenses. The term shall include, in the case of a criminal homicide or an act by a juvenile which, if committed by an adult, would constitute a criminal homicide, the spouse, parent, legal guardian, grandparent, child, sibling, domestic or civil union partner of the decedent, or parent of the decedent's child; "Victims of Crime Compensation Office" or "office" means the Victims of Crime Compensation Agency established pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) which is continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008 and allocated to the Division of Violence Intervention and Victim Assistance pursuant to section 4 of P.L.2023, c.167 (C.52:4B-60.7). L.1971, c.317, s.2; amended 2007, c.95, s.1; 2019, c.380, s.1; 2023, c.167, s.9.

N.J. Stat. § 52:4B-3.2 Victims of Crime Compensation Office.

2. a. There is hereby established in the Department of Law and Public Safety the Victims of Crime Compensation Office. b. The chief executive officer of the Victims of Crime Compensation Office shall be the director, who shall be appointed by the Governor, with the advice and consent of the Senate. The director shall serve at the pleasure of the Governor. The Governor may appoint an acting director to serve as chief executive officer of the Victims of Crime Compensation Office, who may be the person serving as chairman of the Victims of Crime Compensation Board on the effective date of P.L.2007, c.95 (C.52:4B-3.2 et al.), and who shall serve as the director of the Victims of Crime Compensation Office until a successor is appointed and qualifies. The director shall, in consultation with the Review Board established pursuant to subsection c. of this section, develop, establish and supervise all practices and procedures of the office. c. There is hereby established in the Victims of Crime Compensation Office the Victims of Crime Compensation Review Board which shall be composed of five citizens, to be appointed by the Governor, with the advice and consent of the Senate, one of whom shall be designated chairman by, and serve as such at the pleasure of, the Governor. Three members of the board shall, by training or experience, have expertise in the rights of crime victims. One member of the board shall have direct knowledge or experience related to the trauma of criminal victimization and one member shall be an attorney admitted to the practice of law in the State of New Jersey and who shall have practiced law in the courts of New Jersey for a minimum of five years. The purpose of the Victims of Crime Compensation Review Board shall be: (1) to hear appeals of decisions of the Victims of Crime Compensation Office involving issues of victim compensation; (2) to consult with the director in developing, establishing and supervising all practices and procedures of the office; (3) to review individual and supplemental awards to a victim or a victim's family in excess of $10,000 in the aggregate, and awards of attorney fees for legal representation to victims; (4) to review, on at least a bi-monthly basis, information detailing the aggregate claims received and paid by the office, and the operations of the office; and (5) to review and, if appropriate, approve any rules and regulations, standards, and maximum rates and service limitations for reimbursement proposed by the office. d. All the functions of the Violent Crimes Compensation Board and the Victims of Crime Compensation Board are continued in the Victims of Crime Compensation Office and the Victims of Crime Compensation Review Board. Whenever in any law, rule, regulation, judicial or administrative procedure or otherwise, reference is made to the Violent Crimes Compensation Board or to the Victims of Crime Compensation Board, the same shall mean and refer to the Victims of Crime Compensation Office or the Victims of Crime Compensation Review Board, as the case may be. L.2007, c.95, s.2; amended 2019, c.502.

N.J. Stat. § 52:4B-3.3 Violent Crimes Compensation Board abolished.

3. The Violent Crimes Compensation Board established pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3) is abolished and the terms of the persons serving as members of that board on the effective date of P.L.2007, c.95 (C.52:4B-3.2 et al.) shall cease and determine as of that effective date. L.2007,c.95,s.3.

N.J. Stat. § 52:4B-3.4 Victims of Crime Compensation Review Board, members, terms, no compensation.

4. The term of office of each member of the Victims of Crime Compensation Review Board shall be three years and until the member's successor is appointed and qualifies, except that of the members first appointed one shall be appointed for a term of one year, two for terms of two years and two for terms of three years. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member of the board shall be eligible for reappointment and any member of the board may be removed by the Governor for inefficiency, neglect of duty or malfeasance in office. The members of the board shall serve without compensation. L.2007,c.95,s.4.

N.J. Stat. § 52:4B-5 Duties, compensation, employees.

5. The agency is authorized to appoint and fix the duties and compensation of such officers, examiners, and other experts as may be necessary for carrying out its functions under this act, and the provisions of section 4 of P.L.1970, c.74 (C.52:17B-100) shall be applicable to these employees. The agency may, subject to Title 11A of the New Jersey Statutes, "Civil Service," appoint and fix the duties and compensation of such other assistants and employees as are necessary. The compensation fixed pursuant to this section shall be within the limits of the funds appropriated or otherwise made available to the agency for that purpose. L.1971,c.317,s.5; amended 2007, c.95, s.5; 2023, c.167, s.10.

N.J. Stat. § 52:4B-5.1 Access to criminal history records.

11. The Victims of Crime Compensation Agency is authorized to obtain direct access to criminal history records maintained by the State Bureau of Identification in the Division of the State Police and is hereby designated a criminal justice agency for that purpose. L.1995,c.135,s.11; amended 2007, c.95, s.6.

N.J. Stat. § 52:4B-6 Principal office; place to conduct affairs.

6. The principal office of the Victims of Crime Compensation Office shall be in Newark, New Jersey, but the office may sit and conduct its affairs in any place. L.1971, c.317, s.6; amended 2007, c.95, s.7; 2019, c.380, s.2.

N.J. Stat. § 52:4B-7 Hearings by review board.

7. Hearings on appeals from decisions of the Victims of Crime Compensation Agency involving issues of victim compensation shall be conducted by the Victims of Crime Compensation Review Board in the following manner: a. Upon an application made to the board under the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317, the board shall fix a time and place for a hearing on the application and shall cause notice thereof to be given to the applicant. b. For the purpose of carrying out the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317, the board, or any member thereof, may hold hearings, sit, and act at times and places, and take testimony as the board or any member may deem advisable. Any member of the board may administer oaths or affirmations to witnesses. The board shall have full powers of subpoena and compulsion of attendance of witnesses and production of documents, except that no subpoena shall be issued except under the signature of a member of the board, and application to any court for aid in enforcing the subpoena may be made in the name of the board by any member thereof. Subpoenas shall be served by any person designated by the board. c. In any case in which the person entitled to make an application is a child, the application may be made on the person's behalf by the person's parent, guardian, or advocate. In any case in which the person entitled to make an application is incapacitated, the application may be made on the person's behalf by the guardian, advocate, or other individual authorized to administer the person's estate. d. Any person having a substantial interest in a proceeding may appear, produce evidence, and cross-examine witnesses in person or by attorney. e. The board may receive in evidence any statement, document, information, or matter that may in the opinion of the board contribute to its functions under the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317, but the board shall not be bound by the rules of evidence. f. If any person has been convicted of any offense with respect to an act or omission on which a claim under the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending. L.1971, c.317, s.7; amended 2007, c.95, s.8; 2013, c.103, s.128.

N.J. Stat. § 52:4B-8 Attorney fees and costs.

8. a. (1) The Victims of Crime Compensation Office may, as a part of any order entered under P.L.1971, c.317 (C.52:4B-1 et seq.), determine and allow reasonable attorney fees and costs, which shall not exceed 15 percent of the amount awarded as compensation under section 10 of P.L.1971, c.317 (C.52:4B-10), to be paid in addition to the amount of this compensation, to the attorney representing the applicant. Notwithstanding the provisions of this subsection, an award for attorney fees shall not be less than $500, unless the office determines that the attorney has not acted diligently or in good faith representing the claimant. (2) If the office enters an order denying compensation, it may nevertheless allow attorney fees of $500 to the attorney representing the claimant if the office determines that the attorney has acted diligently or in good faith representing the claimant. (3) It shall be unlawful for any attorney to ask for, contract for, or receive any larger sum than the amount allowed under paragraph (1) or (2) of this subsection. b. The office may allow payment up to a maximum of $10,000, at an hourly rate of $275 or more to be fixed by the office, to an attorney who provides legal assistance to a victim in any legal matter arising out of the victimization, other than a decision of the Victims of Crime Compensation Office involving victim compensation or any related appeal, arising from or related to having been the victim of an offense specified in section 11 of P.L.1971, c.317 (C.52:4B-11), provided that the victim is otherwise eligible to receive compensation. Payment pursuant to this subsection shall be subject to the limitation on compensation set forth in section 18 of P.L.1971, c.317 (C.52:4B-18). L.1971, c.317,s.8; amended 2007, c.95, s.9; 2015, c.190; 2019, c.380, s.3.

N.J. Stat. § 52:4B-8.1 Development of an informational tracking system.

19. a. The Victims of Crime Compensation Agency, after consultation with the Attorney General, the Department of Corrections, and the Administrative Office of the Courts, on behalf of the county probation divisions and the municipal court clerks, shall continue to develop the existing uniform system for recording all information necessary to ensure proper identification, tracking, collection and disposition of moneys owed for: (1) assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1); (2) fines and restitutions imposed in accordance with provisions of Title 2C of the New Jersey Statutes; (3) fees imposed pursuant to N.J.S.2C:35-20; (4) penalties imposed pursuant to N.J.S.2C:35-15. b. The Victims of Crime Compensation Agency shall use the moneys deposited in the Criminal Disposition and Revenue Collection Fund to defray the costs incurred by the agency in developing, implementing, operating and improving the agency's component of the uniform system for tracking and collecting revenues described in subsection a. of this section. c. The Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170), the Department of Corrections, and the Administrative Office of the Courts, on behalf of the county probation divisions and the municipal court clerks, shall file such reports with the Victims of Crime Compensation Agency as required for the operation of the uniform system described in subsection a. of this section. d. The Victims of Crime Compensation Agency shall report annually to the Governor, the Attorney General, the Administrative Director of the Administrative Office of the Courts, the Commissioner of the Department of Corrections, the Youth Justice Commission and the Legislature on the development, implementation, improvement and effectiveness of the uniform system and on moneys received, deposited and identified as receivable. L.1991,c.329,s.19; amended 1992, c.169, s.4; 1995, c.281, s.4; 2007, c.95, s.10; 2025, c.35, s.59.

N.J. Stat. § 52:4B-9 Rules and regulations; determination of compensation.

9. In the performance of its functions, the agency is authorized to make rules and regulations prescribing the procedures to be followed in the filing of applications and the proceedings under P.L.1971, c.317, and such other matters as the agency deems appropriate. In determining the amounts of compensation payable pursuant to P.L.1971, c.317, the agency shall insofar as practicable formulate standards for uniform application of this act and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this State and of the United States and the availability of funds appropriated for the purposes of P.L.1971, c.317. The agency shall establish maximum rates and service limitations for reimbursement for medical and medical related expenses, including counseling. In establishing these rates, the agency shall reflect the medical fee schedules for health care providers established by the Commissioner of Banking and Insurance pursuant to the provisions of section 10 of P.L.1988, c.119 (C.39:6A-4.6). A medical service provider who accepts payment from the agency for a service shall accept the agency's rates as payment in full and shall not accept any payment on account of the service from any other source if the total of payments accepted would exceed the maximum rate set by the agency for that service. All standards formulated and maximum rates and service limitations for reimbursement established by the agency shall be subject to the prior review and approval of the Review Board. L.1971,c.317,s.9; amended 1999, c.113; 2007, c.95, s.11.

N.J. Stat. § 52:4B-10 Persons entitled to compensation; order.

10. In any case in which a person suffers personal, physical, or psychological injury or death as a result of the conduct of another person who commits an offense against that person which is within the description of the offenses listed in section 11 of P.L.1971, c.317 (C.52:4B-11), the office may, upon application, order the payment of compensation in accordance with the provisions of P.L.1971, c.317 (C.52:4B-1 et seq.): a. to or on behalf of the victim, b. in the case of the personal, physical, or psychological injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person, or c. in the case of the death of the victim, to or for the benefit of the dependents of the deceased victim, or any one or more of the dependents. In determining whether to make an order under this section, the office may consider any facts that provide relevant evidence as to whether the victim contributed to the victim's injury or death and as to whether the victim's conduct was the proximate cause of the victim's injury or death; provided, however, there shall be a presumption that the office will order the payment of compensation. Notwithstanding any other provision of P.L.1971, c.317 (C.52:4B-1 et seq.) to the contrary, the office is authorized to make a limited award for funeral benefits, mental health counseling, loss of support for dependent children, and attorneys' fees in any case in which it is determined that the victim's conduct was the contributing factor to the victim's death. An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of any act or omission. Upon application made by an appropriate prosecuting authority, the office may suspend proceedings under P.L.1971, c.317 (C.52:4B-1 et seq.) for the period it deems appropriate on the ground that a prosecution for an offense arising out of the act or omission has been commenced or is imminent. L.1971, c.317, s.10; amended 2007, c.95, s.12; 2019, c.380, s.4; 2023, c.235.

N.J. Stat. § 52:4B-10.1 Emergency award.

1. a. The Victims of Crime Compensation Office may make one or more emergency awards to any applicant for compensation pending final determination of a case, when it determines that compensation is likely to be provided and that the applicant will suffer undue hardship if funds are not made immediately available. The amount of any one emergency award shall not exceed $7,500. Any emergency awards made to an applicant shall be deducted from the final amount of compensation provided to an applicant by the office. If the amount of compensation made by the office to an applicant is less than the sum provided to the applicant through emergency grants, the applicant shall pay to the office an amount of money equal to the difference. If the office determines that an applicant who has received emergency awards shall receive no compensation, the applicant shall repay to the office the total amount of all emergency awards which the applicant received. b. In addition to any emergency award made pursuant to the provisions of subsection a. of this section, the office may make an emergency award in an amount not to exceed $1,000 for compensation for funds stolen from a victim in connection with any of the incidents specified in section 11 of P.L.1971, c.317 (C.52:4B-11) except burglary pursuant to paragraph (11) of subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11), whether or not the victim suffered personal injury, under the following circumstances: (1) The victim is 60 years of age or older or is disabled as defined pursuant to the federal Social Security Act, 42 U.S.C. s. 416(i); (2) The victim's income does not exceed the limits adopted by the State Department of Human Services as the standard of need for the General Assistance Program; (3) (Deleted by amendment, P.L.2019, c.380) (4) The victim establishes: (a) that the victim has filed a police report indicating, among other things, the amount stolen; (b) that the victim has cooperated with investigative and prosecuting authorities; and (c) the source of the funds stolen; and (5) The office is satisfied that there are no other sources available to provide the victim with funds necessary to cover immediate costs of essential shelter, food, or medical expenses, and that, but for the victim's loss, the victim would otherwise have had the funds to pay these costs. c. The office shall direct that any funds awarded pursuant to this act be expended solely to cover the costs established pursuant to paragraph (5) of subsection b. of this section. d. (Deleted by amendment, P.L.2007, c.95). L.1981, c.258, s.1; amended 1995, c.135, s.2; 2007, c.95, s.13; 2019, c.380, s.5.

N.J. Stat. § 52:4B-10.2 Additional compensation.

3. In addition to ordering the payment of compensation for personal injury or death which resulted from the incidents specified in section 11 of P.L.1971, c.317 (C.52:4B-11), the Victims of Crime Compensation Office may order the payment of compensation for funds in connection with those incidents to compensate certain victims, whether or not those victims suffered personal injury, as specified in paragraphs (1) through (5) of subsection b. of section 1 of P.L.1981, c.258 (C.52:4B-10.1), in an amount not to exceed $1,000. L.1995, c.135, s.3; amended 2007, c.95, s.14; 2019, c.380, s.6.

N.J. Stat. § 52:4B-11 Victim compensation.

11. The Victims of Crime Compensation Office may order the payment of compensation in accordance with the provisions of P.L.1971, c.317 (C.52:4B-1 et seq.) for personal injury or death which resulted from: a. an attempt to prevent the commission of crime or to arrest a suspected criminal or in aiding or attempting to aid a police officer to do so; or b. the commission or attempt to commit any of the following offenses: (1) aggravated assault; (2) (Deleted by amendment, P.L.1995, c.135). (3) threats to do bodily harm; (4) lewd, indecent, or obscene acts; (5) indecent acts with children; (6) kidnapping; (7) murder; (8) manslaughter; (9) aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact; (10) any other crime involving violence including domestic violence as defined by section 3 of P.L.1981, c.426 (C.2C:25-3) or section 3 of P.L.1991, c.261 (C.2C:25-19); (11) burglary; (12) tampering with a cosmetic, drug or food product; (13) a violation of human trafficking, section 1 of P.L.2005, c.77 (C.2C:13-8); or c. the commission of a violation of R.S.39:4-50, section 5 of P.L.1990, c.103 (C.39:3-10.13), section 19 of P.L.1954, c.236 (C.12:7-34.19), or section 3 of P.L.1952, c.157 (C.12:7-46); or d. theft of an automobile pursuant to N.J.S.2C:20-2 or section 1 or 2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2), eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection b., c., or d. of N.J.S.2C:20-10 where injuries to the victim occur in the course of operating an automobile in furtherance of the offense; or e. the commission of a violation of N.J.S.2C:16-1, bias intimidation; or f. simple assault pursuant to N.J.S.2C:12-1 or disorderly conduct pursuant to N.J.S.2C:33-2; or g. a motor vehicle accident resulting in injury or death where the driver of the vehicle left the scene of the accident in violation of R.S.39:4-129. L.1971, c.317, s.11; amended 1987, c.169, s.1; 1987, c.420, s.1; 1990, c.64, s.2; 1995, c.135, s.4; 2005, c.77, s.4; 2007, c.95, s.15; 2007, c.303, s.3; 2019, c.380, s.7; 2023, c.101, s.8.

N.J. Stat. § 52:4B-12 Losses or expenses reimbursable.

12. The agency may order the payment of compensation under this act for: a. expenses actually and reasonably incurred as a result of the personal injury or death of the victim, including out-of-pocket losses which shall mean unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care or other services necessary as a result of the injury upon which such application is based, b. loss of earning power as a result of total or partial incapacity of such victim, c. pecuniary loss to the dependents of the deceased victim, and d. any other pecuniary loss resulting from the personal injury or death of the victim which the agency determines to be reasonable. L.1971,c.317,s.12; amended 1995, c.135, s.5; 2007, c.95, s.16.

N.J. Stat. § 52:4B-12.1 Payment for relocation of certain witnesses of crimes.

1. Notwithstanding the provisions of section 10 of P.L.1971, c.317 (C.52:4B-10) or the provisions of section 12 of P.L.1971, c.317 (C.52:4B-12), the Victims of Crime Compensation Office may, upon application, order the payment of relocation expenses for a witness and the family of the witness. As used in this section, "witness" means a person who witnessed the commission of any of the offenses listed under section 11 of P.L.1971, c.317 (C.52:4B-11) and who has been threatened as a result. L.2016, c.97, s.1.

N.J. Stat. § 52:4B-13 Directory of impartial medical experts.

13. To assist the agency in determining the nature, extent or cause of personal injury or cause of death compensable under P.L.1971, c.317, the agency shall maintain a directory of impartial medical experts. L.1971,c.317,s.13; amended 2007, c.95, s.17.

N.J. Stat. § 52:4B-18 Compensation for criminal injuries; statute of limitations for claims.

18. An order for the payment of compensation shall not be made under section 10 of P.L.1971, c.317 (C.52:4B-10) unless the application has been made within five years after the date of the personal injury or death or after that date upon determination by the office that good cause exists for the delayed filing, and the personal injury or death was the result of an offense listed in section 11 of P.L.1971, c.317 (C.52:4B-11) which had been reported to the police or other appropriate law enforcement agency within nine months after its occurrence or reasonable discovery. If the victim is under 18 years of age, the five-year limit on filing shall commence on the day the victim turns 18 years old. For the purposes of this section, "good cause" shall include, but not be limited to, instances where the victim or the victim's dependents were not appropriately informed of the benefits offered by the office as required by law. The office will make its determination regarding the application within 90 days of acknowledgment by the office of receipt of the completed application and any and all necessary supplemental information, provided that this period may be extended for good cause if an administrative denial would otherwise result. Notwithstanding this time period, the office shall reimburse the claimant or pay to any third-party service provider the amount claimed to be due and owing within 30 days after eligibility has been determined and the amount submitted for payment has been determined by the office to be fair and reasonable. In determining the amount of an award, the office shall determine whether, because of the victim's conduct, the victim of such crime contributed to the infliction of the victim's injury, and the office shall reduce the amount of the award or reject the application altogether, in accordance with the determination, except that the office is authorized to make a limited award for funeral benefits, mental health counseling, loss of support for dependent children, and attorneys' fees in cases of criminal homicide when it is determined that the victim's conduct was a contributing factor to the victim's death. The office shall not consider any conduct of the victim contributory toward the victim's injury, if the record indicates the conduct occurred during efforts by the victim to prevent a crime or apprehend a person who had committed a crime in the victim's presence or had in fact committed a crime. The office may reduce an award where the victim has not paid in full any payments owed on assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) or restitution ordered following conviction for a crime and the office may deduct any amount due for these assessments or restitution from an award of compensation and make payments to satisfy these obligations prior to making any payments of compensation to the victim. No compensation shall be awarded if: a. Compensation to the victim proves to be substantial unjust enrichment to the offender or if the victim did not cooperate with the reasonable requests of law enforcement authorities unless the victim demonstrates a compelling health or safety reason for not cooperating; or b. (Deleted by amendment, P.L.1990, c.64.) c. The victim was guilty of a violation of subtitle 10 or 12 of Title 2A or subtitle 2 of Title 2C of the New Jersey Statutes, which caused or contributed to the victim's injuries; or d. The victim was injured as a result of the operation of a motor vehicle, except as provided in subsection c. or d. of section 11 of P.L.1971, c.317 (C.52:4B-11), boat, or airplane unless the vehicle, boat, or airplane was used as a weapon in a deliberate attempt to run the victim down; or e. The victim suffered personal injury or death while an occupant of a motor vehicle or vessel where the victim knew or reasonably should have known that the driver was operating the vehicle or vessel in violation of R.S.39:4-50, section 5 of P.L.1990, c.103 (C.39:3-10.13), section 19 of P.L.1954, c.236 (C.12:7-34.19), section 3 of P.L.1952, c.157 (C.12:7-46), subparagraph (b) of paragraph (2) of subsection b. of N.J.S.2C:20-2, subsection b. of N.J.S.2C:29-2 or subsection b., c., or d. of N.J.S.2C:20-10 . f. (Deleted by amendment, P.L.2019, c.380) g. (Deleted by amendment, P.L.2019, c.380) Except as provided in this section, compensation shall not be awarded under P.L.1971, c.317 (C.52:4B-1 et seq.) in an amount in excess of $25,000, and all payments shall be made in a lump sum, except that in the case of death or protracted disability the award may provide for periodic payments to compensate for loss of earnings or support. An award made pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) shall not be subject to execution or attachment other than for expenses resulting from the injury which is the basis of the claim. Compensation may be awarded in an amount not exceeding the actual cost of a rehabilitative service of the type enumerated in section 2 of P.L.1999, c.166 (C.52:4B-18.2). The award may provide for periodic payments in the case of protracted care or rehabilitative assistance. L.1971, c.317, s.18; amended 1981, c.307, s.1; 1982, c.192, s.1; 1982, c.193; 1983, c.86; 1990, c.64, s.3; 1991, c.329, s.18; 1995, c.135, s.6; 1999, c.166, s.1; 2007, c.95, s.18; 2010, c.92; 2011, c.165, s.1; 2019, c.380, s.8.

N.J. Stat. § 52:4B-18.1 Increased compensation; applicability.

3. The increase in compensation to a maximum of $25,000 provided for in P.L.1982, c.192 shall apply only to crimes committed after the effective date of P.L.1982, c.192 when personal injury or death occurs. L.1982,c.192,s.3; amended 2007, c.95, s.19.

N.J. Stat. § 52:4B-18.2 Supplemental awards for rehabilitative assistance to certain crime victims.

2. a. In addition to any award granted pursuant to section 18 of P.L.1971, c.317 (C.52:4B-18), the Victims of Crime Compensation Agency may make one or more supplemental awards for the purpose of providing rehabilitative assistance to catastrophically injured crime victims or other persons entitled to compensation under section 10 of P.L.1971, c.317 (C.52:4B-10). b. The rehabilitative assistance which the supplemental award may cover can include, but is not limited to, any of the following services not covered by the original award of compensation or by other sources provided that the agency determines that the services are reasonable and necessary: (1) Surgical and therapeutic procedures; (2) Rehabilitative physical and occupational therapy designed to restore an optimum function level; (3) Prescription drugs and medical supplies; (4) Cognitive and psychological therapy; (5) Home health assistance; (6) Vehicle modifications; (7) Driver training; (8) Wheelchair, braces, splints, crutches, walkers, shower or commode chair and any other personal adaptive equipment required to meet individual disability needs; (9) Structural modifications to living environment designed to provide accessibility and to maximize independence; (10) Dependent care as needed. c. The Victims of Crime Compensation Agency is authorized to make rules and regulations prescribing the procedures to be followed in qualifying for a supplemental award. The agency is also authorized to establish a cap on the total amount of supplemental awards to be made in a year and a cap on the amount which a person may receive as a supplemental award, which personal cap shall not be less than $25,000. d. The payment of any supplemental award granted under the provisions of this section shall be approved by the agency for payment out of funds appropriated for the administration of P.L.1971, c.317 (C.52:4B-1 et seq.), the "Criminal Injuries Compensation Act of 1971." e. A catastrophically injured crime victim who received a compensation award prior to the enactment of this section may apply for a supplemental award pursuant to the provisions of this section. A denial by the agency of an application made pursuant to the provisions of this subsection shall not be subject to appeal. f. As used in this section, "catastrophically injured crime victim" means a person who is injured by any act or omission of another person which is within the description of the offenses specified in section 11 of P.L.1971, c.317 (C.52:4B-11) and who has sustained a severe long term or life long personal injury. L.1999,c.166,s.2; amended 2007, c.95, s.20.

N.J. Stat. § 52:4B-19 Determination of amount of compensation.

19. In determining the amount of compensation to be allowed by order, the office shall take into consideration amounts received or receivable from any other source or sources by the victim or his dependents as a result of the offense or occurrence giving rise to the application, except that life insurance payments and private donations received by the dependents of the victim shall not be considered as other sources. Each order for compensation made by the office shall be filed with the Director of the Division of Budget and Accounting and shall constitute authority for payment by the State Treasurer to the person or persons named therein of the amounts specified in such order. L.1971, c.317, s.19; amended 2007, c.95, s.21; 2011, c.165, s.2.

N.J. Stat. § 52:4B-19.1 Victims of Crime Compensation Office, annual report to Governor, Legislature.

1. a. The Attorney General shall direct the Executive Director of the Victims of Crime Compensation Office in the Department of Law and Public Safety to annually submit to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) a report summarizing compensation awarded to victims and other information including, but not limited to, applications for compensation, the number of applications granted and denied and the reasons for the dispositions, the amount of awards, demographics concerning awards, services for which awards were provided, funding received by the office, and any other information deemed relevant by the Attorney General and the executive director. b. The report shall be based on the State fiscal year and shall be completed within six months following the last day of the previous fiscal year. c. The report shall be published on the official website of the Department of Law and Public Safety. L.2025, c.120.

N.J. Stat. § 52:4B-20 Subrogation of agency to cause of action of victim against person responsible for personal injury or death; liens.

20. a. Whenever an order for the payment of compensation is or has been made for personal injury or death resulting from an act or omission constituting an offense under this act, the agency shall, upon payment of the amount of the order, be subrogated to the cause of action of the applicant against the person or persons responsible for such personal injury or death to recover such payments. With the consent of the board, the agency also shall be entitled to bring an action against such person or persons for the amount of the damage sustained by the applicant. In the event that the amount paid in satisfaction of a judgment entered pursuant to this section is more than the amount paid by reason of the order for payment of compensation, the agency shall pay the balance to the applicant. b. If a judgment is entered in favor of the agency pursuant to subsection a. of this section to recover payments made to the applicant pursuant to order for payment of compensation, the judgment shall constitute a lien on any and all real and personal property or income in which the person or persons responsible for the personal injury or death has or may acquire an interest, including the net proceeds, after the payment of fees and costs, of any settlement negotiated prior or subsequent to the filing of a lawsuit, any civil judgment, any civil arbitration award and any inheritance payable to the person or persons responsible for the personal injury or death. The lien shall have priority over all other levies and garnishments against the net proceeds of actions identified in this section unless otherwise provided by the Superior Court. The lien shall not have priority over levies to recover unpaid income taxes owed to the State or a judgment for child support entered pursuant to section 1 of P.L.1988, c.111 (C.2A:17-56.23a). c. All judgments and other related papers required for the purposes of this section shall be received and recorded by the clerk of the Superior Court without payment of fees. d. To discharge or otherwise compromise any lien or liens arising pursuant to this section, the agency shall file with the clerk of the Superior Court a duly acknowledged certificate setting forth the fact that the agency desires to discharge or amend the lien of record. e. Any person desiring to secure immediate discharge of any lien arising pursuant to this section may deposit with the court cash in an amount sufficient to cover the amount of the lien or post a bond in an amount and with sureties approved by the court. Upon proper notice to the agency of such deposit or bond, a satisfaction of the lien shall be filed at once with the clerk of the Superior Court. f. Any person affected in any manner, whether directly or indirectly by any lien arising under this section, and desiring to examine the validity of the lien or the facts and circumstances surrounding the entry of the lien, may do so in an action brought in the county where the lien was filed. The action shall be brought against the agency claiming the lien, and the court may proceed in the action in a summary manner and enter such judgment as it may deem appropriate. L.1971,c.317,s.20; amended 2007, c.95, s.22.

N.J. Stat. § 52:4B-21 Severability.

21. If any section or sections of P.L.1971, c.317 or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or in part, such section or provision shall, to the extent that it is not unconstitutional, invalid or inoperative be enforced and effectuated and no such determination shall be deemed to invalidate or make ineffectual the remaining provisions of the sections of P.L.1971, c.317. L.1971,c.317,s.21; amended 2007, c.95, s.23.

N.J. Stat. § 52:4B-22 Information booklets, pamphlets.

1. a. Every State, county, and municipal police department and hospital or other place of emergency medical care shall have available and shall post in a public place information booklets, pamphlets or other pertinent written information, to be supplied by the Victims of Crime Compensation Agency, relating to the availability of crime victims' compensation including all necessary application blanks required to be filed with the agency. b. Included in the information supplied by the Victims of Crime Compensation Agency shall be information for victims of sexual offenses. This information shall contain the location of rape crisis centers in all geographical areas throughout the State and shall instruct victims of sexual offenses that if a rape crisis center is not available in a victim's immediate geographical area, the victim may contact the appropriate county victim-witness coordinator appointed by the Chief of the Office of Victim-Witness Advocacy established pursuant to P.L.1985, c.404 (C.52:4B-39 et seq.). The information shall also provide that victims will not be charged any fee for services that are directly associated with a forensic sexual assault examination, including routine medical screening, medications for prophylaxis of sexually transmitted infections, pregnancy tests, emergency contraception, supplies, equipment and use of space. Unless the victim requires immediate medical attention, this information shall be personally conveyed to the victim of a sexual offense by a representative of the hospital or place of emergency care before a medical examination of the victim is conducted, or by a representative of the police department before the victim's statement is taken, to afford the victim the opportunity to arrange to have assistance from the rape crisis center or county victim-witness coordinator during these procedures. Hospitals shall be held harmless from suits emanating from a hospital's carrying out the obligation to convey information to victims of sexual offenses. "Rape crisis center" means an office, institution or center offering assistance to victims of sexual offenses through crisis intervention, medical and legal information and follow-up counseling. c. Every police department shall, upon the filing of a report of a violent crime, make available to any victim information concerning crime victims' compensation. L.1981, c.256, s.1; amended 1987, c.327, s.1; 2007, c.95, s.24; 2011, c.106, s.1.

N.J. Stat. § 52:4B-23 Failure to give notice; immunity from liability; nonalteration of requirements.

2. No cause of action against the State, any county, or any municipality, or any employee thereof, shall arise out of a failure to give the notice required by section 1 of P.L.1981, c.256 (C.52:4B-22), nor shall any such failure be deemed or construed to effect or alter any time limitation or other requirement contained in P.L.1971, c.317 for the filing or payment of a claim hereunder. L.1981,c.256,s.2; amended 2007, c.95, s.25.

N.J. Stat. § 52:4B-24 Senior citizens' public awareness program.

3. The agency shall undertake a special senior citizens' public awareness program to make brochures and applications for claim forms available to senior citizens. L.1981, c.396, s.3; amended 2007, c.95, s.26.

N.J. Stat. § 52:4B-25 Victim counseling service.

2. a. The Victims of Crime Compensation Office shall establish a victim counseling service which shall identify and develop sources to provide counseling to victims as defined in P.L.1971, c.317. The service shall provide assistance to victims without charge, including information and advice relative to filing a claim with the board, emergency food and clothing, employment opportunities, referral to violence intervention programs and other social service agencies, and in obtaining legal advice or representation. The service shall be conducted at locations within the State as the office deems advisable. b. The office is authorized to appoint personnel for the service as may be necessary to carry out its functions. Appointments made pursuant to this subsection shall be within the funds appropriated or otherwise made available to the agency for this purpose. c. (Deleted by amendment, P.L.2007, c.95). d. The office may also identify and develop sources to provide mental health counseling to victims, and provide victims with information as may be appropriate through its victim counseling service. L.1982, c.192, s.2; amended 2007, c.95, s.27; 2019, c.210.

N.J. Stat. § 52:4B-25.1 Child and family counseling unit.

1. a. In addition to the victim counseling service established pursuant to section 2 of P.L.1982, c.192 (C.52:4B-25), the Victims of Crimes Compensation Agency shall establish a specialized child and family counseling unit. This unit shall be under the direction of a person appointed by the executive director whose training or experience includes the handling of child abuse cases. b. The agency is authorized to appoint such personnel for the child and family counseling unit as may be necessary to carry out its functions. Appointments made pursuant to this subsection shall be within the limits of the funds appropriated or otherwise made available to the agency for that purpose. c. The child and family counseling unit may be principally located in any place as the agency deems advisable, but shall be available to lend assistance to child victims in every county in this State. L.1989, c.322, s.1; amended 2007, c.95, s.28.

N.J. Stat. § 52:4B-25.2 Payment for certain victim counseling services.

1. a. In the event that a person is the victim of a firearm or stabbing injury incurred during the course of an offense described in subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11), and the person receives counseling in connection with the injury, the entity providing counseling services may directly bill the Victims of Crime Compensation Office for the counseling services, provided that: (1) the counseling was provided by a licensed psychiatrist, psychologist, social worker, or therapist, or by a peer or support counselor or other individual authorized by the Victims of Crime Compensation Office to provide such counseling while under the supervision of a licensed professional; (2) the person providing the counseling is affiliated with the hospital where the victim received treatment for the injury or is affiliated with a hospital-based or hospital-linked violence intervention program recognized by the Victims of Crime Compensation Office; (3) the victim reported the injury to law enforcement within nine months after its occurrence or reasonable discovery, except that, notwithstanding the requirements of section 18 of P.L.1971, c.317 (C.52:4B-18), a report made after such time shall not be deemed to bar a claim for compensation for counseling services if the victim was admitted to the hospital for the injury and the victim consents to the hospital releasing records of the admission to the Victims of Crime Compensation Office; (4) the victim has consented in writing to the entity directly billing the Victims of Crime Compensation Office pursuant to this section; and (5) the victim has filed a claim with the Victims of Crime Compensation Office that is deemed eligible for counseling services pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.). Compensation to be paid for counseling services provided under this section shall be determined in accordance with the provisions of subsection b. of this section and section 19 of P.L.1971, c.317 (C.52:4B-19). b. The Victims of Crime Compensation Office shall establish by regulation the maximum amount of compensation that may be directly billed pursuant to subsection a. of this section, which in any case shall not exceed $1,000 in connection with a given injury. c. An entity that directly bills for counseling services pursuant to subsection a. of this section shall not bill the victim or any other person or entity in any amount for any counseling services for which it received compensation from the Victims of Crime Compensation Office pursuant to this section. L.2019, c.489, s.1.

N.J. Stat. § 52:4B-25.3 Rules, regulations.

2. The Victims of Crime Compensation Office may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as may be necessary to implement the provisions of this act. L.2019, c.489, s.2.

N.J. Stat. § 52:4B-34 Short title

This act shall be known and may be cited as the "Crime Victim's Bill of Rights." L. 1985, c. 249, s. 1, eff. July 31, 1985.

N.J. Stat. § 52:4B-35 Findings, declarations

The Legislature finds and declares that without the participation and cooperation of crime victims and witnesses, the criminal justice system would cease to function. The rights of these individuals should be given full recognition and protection. The Legislature has the responsibility to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process. In furtherance of this, the improved treatment of these persons should be assured through the establishment of specific rights. These rights are among the most fundamental and important in assuring public confidence in the criminal justice system. L. 1985, c. 249, s. 2, eff. July 31, 1985.

N.J. Stat. § 52:4B-36 Findings, declarations relative to rights of crime victims, witnesses.

3. The Legislature finds and declares that crime victims and witnesses are entitled to the following rights: a. To be treated with dignity and compassion by the criminal justice system; b. To be informed about the criminal justice process; c. To be free from intimidation, harassment or abuse by any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process; d. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible; e. To make at least one telephone call provided the call is reasonable in both length and location called; f. To medical assistance reasonably related to the incident in accordance with the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.); g. To be notified in a timely manner, if practicable, if presence in court is not needed or if any scheduled court proceeding has been adjourned or cancelled; h. To be informed about available remedies, financial assistance and social services; i. To be compensated for loss sustained by the victim whenever possible; j. To be provided a secure, but not necessarily separate, waiting area during court proceedings; k. To be advised of case progress and final disposition and to confer with the prosecutor's representative so that the victim may be kept adequately informed; l. To the prompt return of property when no longer needed as evidence; m. To submit a written statement, within a reasonable amount of time, about the impact of the crime to a representative of the prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed, whether the prosecutor will consent to a request by the defendant to enter into a pre-trial program, and whether the prosecutor will make or agree to a negotiated plea; n. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S.2C:44-6; o. To have the opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement, provided however that nothing herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate; p. To be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense, except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution; q. To be notified of any release or escape of the defendant; and r. To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion. L.1985, c.249, s.3; amended 1991, c.44, s.1; 1999, c.294, s.2; 2001, c.208, s.2; 2012, c.27, s.1.

N.J. Stat. § 52:4B-36.1 Rights of victim's survivor relative to a homicide prosecution.

2. Pursuant to Article I, paragraph 22 of the New Jersey Constitution, in any homicide prosecution: a. A victim's survivor may, at the time of making the in-person statement to the sentencing court authorized by subsection n. of section 3 of P.L.1985, c.249 (C.52:4B-36), display directly to the sentencing court a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer-generated presentation, or a video presentation of the victim. The time, length and content of such presentation shall be within the sound discretion of the sentencing judge; and b. A victim's survivor may, during any judicial proceeding involving the defendant, wear a button not exceeding four inches in diameter that contains a picture of the victim, if the court determines that the wearing of such button will not deprive the defendant of his right to a fair trial under the Sixth Amendment of the United States Constitution and Article I of the New Jersey Constitution. Other spectators at such judicial proceedings may also wear similar buttons if the court so determines. If the victim's survivor seeks to wear the button at trial, the victim's survivor shall give notice to the defendant and to the court no less than 30 days prior to the final trial date. L.2012, c.27, s.2.

N.J. Stat. § 52:4B-36.2 Crime victims not required to pay certain costs.

3. Pursuant to Article I, paragraph 22 of the New Jersey Constitution: a. A crime victim shall not be required to pay the maintenance, support, rehabilitation, or other costs arising from the imprisonment or commitment of a victimizer as a result of the crime; and b. A crime victim shall not be charged any fee otherwise prescribed by law or regulation to obtain copies of the victim's own records to which the victim is entitled to access as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1), including, but not limited to, any law enforcement agency report, domestic violence offense report, and temporary or permanent restraining order. L.2012, c.27, s.3; amended 2014, c.19, s.1.

N.J. Stat. § 52:4B-37 "Victim" defined.

4. As used in this act, "victim" means a person who suffers personal, physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed by an adult or an act of delinquency that would constitute a crime if committed by an adult, committed against that person. "Victim" also includes the spouse, parent, legal guardian, grandparent, child, sibling, domestic partner or civil union partner of the decedent in the case of a criminal homicide or act of juvenile delinquency that would constitute a criminal homicide if committed by an adult. L.1985, c.249, s.4; amended 2001, c.407, s.2; 2016, c.15.

N.J. Stat. § 52:4B-38 "Tort Claims Act" rights

Nothing contained in this act shall mitigate any right which the victim may have pursuant to the New Jersey Tort Claims Act (N.J.S. 59:1-1 et seq.). L. 1985, c. 249, s. 5, eff. July 31, 1985.

N.J. Stat. § 52:4B-39 Definitions.

1. As used in P.L.1985, c.404: a. "Victim" means a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person. b. "Agency" means the Victims of Crime Compensation Agency in the Department of the Treasury. L.1985,c.404,s.1; amended 2007, c.95, s.29.

N.J. Stat. § 52:4B-40 Office of Victim-Witness Assistance.

2. There is established under the jurisdiction of the Victims of Crime Compensation Agency in the Department of the Treasury an Office of Victim-Witness Assistance under the supervision of the Director of the Office of Victim-Witness Assistance. L.1985,c.404,s.2; amended 2007, c.95, s.30.

N.J. Stat. § 52:4B-40.1 Director of the Office of Victim-Witness Assistance.

31. The Office of Victim-Witness Assistance shall operate under the direction of the Director of the Office of Victim-Witness Assistance, who shall be appointed by the executive director of the agency. The Director of the Office of Victim-Witness Assistance shall have a minimum of five years of experience in crime victim direct services and advocacy. The appointment made pursuant to this section shall be within the limits of the funds appropriated or otherwise made available to the agency for this purpose. L.2007,c.95,s.31.

N.J. Stat. § 52:4B-42 Victim-witness rights information program.

4. The victim-witness rights information program shall: a. Provide victims or their representatives with information about the availability of social and medical services, especially emergency and social services available in the victim's immediate geographical area; b. Provide victims or their representatives with information about possible compensation under the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) and of the sentencing court's authority to order restitution under chapter 43 of Title 2C of the New Jersey Statutes; c. Provide victims or their representatives with information about how to contact the appropriate county office of victim-witness advocacy and the appropriate county prosecutor's office; d. Provide a 24-hour toll-free hotline telephone number for victims and witnesses to call with inquiries concerning the information and services available pursuant to this act; e. Provide victims and witnesses with a detailed description of the rights established under the Crime Victim's Bill of Rights created by P.L.1985, c.249 (C.52:4B-34 et seq.) and Article I, paragraph 22 of the New Jersey Constitution; f. Gather available information from victim assistance programs throughout the country and make that information available to the Office of Victim-Witness Advocacy, police agencies, hospitals, prosecutors' offices, the courts, and other agencies that provide assistance to victims of crimes; g. Sponsor conferences to bring together personnel working in the field of victim assistance and compensation to exchange methods and procedures for improving and expanding services to victims; h. Provide assistance to victims without charge, which assistance shall include information and advice relative to filing a claim with the board, emergency food and clothing, employment opportunities, referral to other social service agencies, and in obtaining legal advice or representation; and i. Conduct training programs for attorneys and victim service providers. L.1985,c.404,s.4; amended 2007, c.95, s.32.

N.J. Stat. § 52:4B-43 Office of Victim-Witness Advocacy

There is established in the Division of Criminal Justice in the Department of Law and Public Safety an Office of Victim-Witness Advocacy under the supervision of the Chief of the Office of Victim-Witness Advocacy. L. 1985, c. 404, s. 5.

N.J. Stat. § 52:4B-43.1 Continuation of The Victim and Witness Advocacy Fund

20. a. The Victim and Witness Advocacy Fund, established in the State Treasury by section 2 of P.L.1979, c.396 (C.2C:43-3.1), administered by the Department of Law and Public Safety through the Division of Criminal Justice, pursuant to rules and regulations promulgated by the Director of the Division of Criminal Justice, to support the development and provision of services to victims and witnesses of crimes and for related administrative costs, is hereby continued. b. The division is authorized to continue disbursing moneys deposited in the Victim and Witness Advocacy Fund to fund the operation of the State Office of Victim and Witness Advocacy, the 21 county offices of Victim and Witness Advocacy and to provide funding to other public entities as deemed appropriate for the implementation of the Attorney General Standards to Ensure the Rights of Crime Victims. c. In addition, the division, pursuant to rules and regulations to be promulgated by the director to ensure that funds are given to qualified entities that will provide services consistent with this act, shall award grants to qualified public entities and not-for-profit organizations that provide direct services to victims and witnesses, including but not limited to such services as: (1) shelter, food and clothing; (2) medical and legal advocacy services; (3) 24-hour crisis response services and 24-hour hotlines; (4) information and referral and community education; (5) psychiatric treatment programs; (6) expanded services for victims' families and significant others; (7) short and long term counseling and support groups; (8) emergency locksmith and carpentry services; (9) financial services; and (10) medical testing ordered by a court pursuant to section 4 of P.L.1993, c.364 (C.2C:43-2.2). d. Organizations eligible to apply for grants under subsection c. of this section include but are not limited to: (1) member programs of the New Jersey Coalition for Battered Women, including but not limited to (a) Atlantic County Women's Center; (b) Shelter Our Sisters, (Bergen County); (c) Providence House/ Willingboro Shelter, (Burlington County); (d) YWCA/SOLACE, (Camden County); (e) Family Violence Project and The Safe House, (Essex County); (f) People Against Spouse Abuse, (Gloucester County); (g) Battered Women's Program, (Hudson County); (h) Women's Crisis Services, (Hunterdon County); (i) Womanspace, Inc., (Mercer County); (j) Women Aware, Inc., (Middlesex County); (k) Women's Resource and Survival Center, (Monmouth County); (l) Jersey Battered Women's Services, Inc., (Morris County); (m) Passaic County Women's Center, (Passaic County); (n) Salem County Women's Services, (Salem County); (o) Resource Center for Women and Their Families, (Somerset County); (p) Domestic Abuse Services, Inc., (Sussex County); (q) Project Protect, (Union County); (r) Domestic Abuse and Rape Crisis Center, Inc., (Warren County); and (s) Ocean County Women's Center; and (2) rape care services and programs, including, but not limited to: (a) Atlantic County Women's Center, (Atlantic County); (b) Bergen County Rape Crisis Center, (Bergen County); (c) Women Against Rape, (Burlington County); (d) Women Against Rape, (Camden County); (e) Coalition against Rape and Abuse, (Cape May County); (f) Cumberland County Guidance Center; (g) North Essex Helpline and Sexual Assault Support Service, (Essex County); (h) Gloucester County Rape Assault Prevention Program; (i) Christ Hospital Mental Health Center, serving Hudson County; (j) Women's Crisis Services, (Hunterdon County); (k) Rape Crisis Program Mercer County YWCA, (Mercer County); (l) Rape Crisis Intervention Center Roosevelt Hospital, (Middlesex County); (m) Women's Resource Center, (Monmouth County); (n) Parenting Center, Morristown Hospital, (Morris County); (o) Ocean County Advisory Commission on the Status of Women, (Ocean County); (p) Passaic County Women's Center, (Passaic County); (q) Salem County Rape Crisis Service, (Salem County); (r) Rape Crisis Service of Somerset and Richard Hall Mental Health Center Somerset County Coalition for the prevention and Treatment of Sexual Abuse; (s) Project Against Sexual Assault Abuse, (Sussex County); (t) Union County Rape Crisis Center; (u) Domestic Abuse and Rape Crisis Center, (Warren County); and (v) Alternatives to Domestic Violence of Hackensack, N.J. (Bergen County). e. The Director shall report annually to the Governor and the Legislature concerning the administration of the Victim and Witness Advocacy Fund and the administration and award of grants authorized by this section. L.1991,c.329,s.20; amended 1993,c.364,s.2.

N.J. Stat. § 52:4B-43.2 "Sex Crime Victim Treatment Fund."

2. a. The "Sex Crime Victim Treatment Fund" shall be a separate, nonlapsing, revolving fund and shall be administered by the Victims of Crime Compensation Board established pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3),and all moneys deposited in that fund pursuant to this act shall be used for the provision of counseling and treatment services to victims of specified sex offenses as set forth in section 1 of P.L.2005, c.73 (C.2C:14-10) and the families of these victims. b. The development and provision of counseling and treatment services to victims and their families shall be pursuant to rules and regulations promulgated by the Victims of Crime Compensation Board. The board shall coordinate these counseling and treatment services with other services offered by the State Office of Victim and Witness Advocacy, the 21 county offices of Victim and Witness Advocacy and as otherwise deemed appropriate for the implementation of the Attorney General Standards to Ensure the Rights of Crime Victims. L. 2005, c. 73, s. 2.

N.J. Stat. § 52:4B-44 Standards, law enforcement agencies, ensure rights of crime victims.

6. a. The Attorney General shall, through the Office of Victim-Witness Advocacy in the Division of Criminal Justice in the Department of Law and Public Safety and in consultation with the county prosecutors and the Office of Trial and Criminal Justice Process in the Division of Violence Intervention and Victim Assistance, promulgate standards for law enforcement agencies to ensure that the rights of crime victims are enforced. b. The standards shall require that the Office of Victim-Witness Advocacy in the Division of Criminal Justice and each county prosecutor's office provide the following services upon request for victims and witnesses involved in the prosecution of a case: (1) Orientation information about the criminal justice system and the victim's and witness's role in the criminal justice process; (2) Notification of any change in the case status and of final disposition; (3) Information on crime prevention and on available responses to witness intimidation; (4) Information about available services to meet needs resulting from the crime and referrals to service agencies, where appropriate; (5) Advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing; (6) Advance notice of when presence in court is not needed; (7) Advice about available compensation, restitution and other forms of recovery and assistance in applying for government compensation; (8) A waiting or reception area separate from the defendant for use during court proceedings; (9) An escort or accompaniment for intimidated victims or witnesses during court appearances; (10) Information about directions, parking, courthouse and courtroom locations, transportation services and witness fees, in advance of court appearances; (11) Assistance for victims and witnesses in meeting special needs when required to make court appearances, such as transportation and child care arrangements; (12) Assistance in making travel and lodging arrangements for out-of-State witnesses; (13) Notification to employers of victims and witnesses, if cooperation in the investigation or prosecution causes absence from work; (14) Notification of the case disposition, including the trial and sentencing; (15) Assistance to victims in submitting a written statement to a representative of the county prosecutor's office about the impact of the crime prior to the prosecutor's final decision concerning whether formal charges will be filed; (16) Advice to victims about their right to make a statement about the impact of the crime for inclusion in the presentence report or at time of parole consideration, if applicable; (17) Notification to victims of the right to make an in-person statement, prior to sentencing, directly to the sentencing court concerning the impact of the crime; (18) Expediting the return of property when no longer needed as evidence; (19) Advise and counsel, or refer for advice or counseling, victims of sexual assault, or other criminal acts involving a risk of transmission of disease, concerning available medical testing and assist such victims, or refer such victims for assistance, in obtaining appropriate testing, counseling and medical care and in making application to the Victims of Crime Compensation Office for compensation for the costs of such testing, counseling and care; (20) Assistance to victims in submitting a written impact statement to a representative of the county prosecutor's office concerning the impact of the crime which shall be considered prior to the prosecutor's accepting a negotiated plea agreement containing recommendations as to sentence and assistance to victims in securing an explanation of the terms of any such agreement and the reasons for the agreement; (21) Notification to the victim of the defendant's release from custody which shall include: (a) notice of the defendant's escape from custody and return to custody following escape; (b) notice of any other release from custody, including placement in an Intensive Supervision Program or other alternative disposition, and any associated conditions of release; (c) notice of the filing by an inmate of an application for commutation of sentence pursuant to N.J.S.2A:167-4 and its disposition; (d) notice of parole consideration pursuant to provisions of P.L.1979, c.441 (C.30:4-123.45 et seq.); and (e) notice of the pending release of an inmate due to expiration of sentence; (22) Interpreting services for victims and witnesses when necessary to assist a victim or witness who is hearing impaired or developmentally disabled as defined in section 3 of P.L.1977, c.82 (C.30:6D-3) to understand questions and frame answers; and (23) Providing any applicable assistance to victims of sexual assault or sexual misconduct who are incarcerated in a State correctional facility that is available to other victims or witnesses. c. In a case involving a victim of aggravated sexual assault or sexual assault as defined in subsection a. or c. of N.J.S.2C:14-2, the Office of Victim-Witness Advocacy or the county prosecutor's office involved in the case shall: (1) Notify the victim of the victim's right to obtain an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS, and assist the victim, or refer the victim for assistance, in obtaining a test and appropriate counseling and medical care; (2) Notify the victim of the victim's right to obtain a court order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) requiring the offender to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS in the event that the offender is indicted, formally charged, convicted or adjudicated delinquent; (3) Communicate the request of a victim who agrees to seek an order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) to the prosecutor handling the case and notify the victim or arrange for the victim to be notified of the test result; and (4) Assist the victim in applying to the Victims of Crime Compensation Office for compensation for the costs of testing, counseling and medical care. d. The Attorney General shall, through the Office of Victim-Witness Advocacy and in consultation with the Commissioner of Health, the Superintendent of State Police and representatives of providers of sexual assault services, to be designated by the Director of the Office of Victim-Witness Advocacy, coordinate the establishment of standard protocols for the provision of information and services to victims of sexual assault, and shall make such protocols available to victims upon request, except that the provision of information and services with regard to emergency contraception and sexually transmitted diseases shall be in accordance with P.L.2005, c.50 (C.26:2H-12.6b et al.). e. In a case involving a victim of human trafficking as defined in section 1 of P.L.2005, c.77 (C.2C:13-8), the Office of Victim-Witness Advocacy or the county prosecutor's office involved in the case shall ensure that the victim of human trafficking obtains assistance in receiving any available benefits or services, including assistance in receiving any necessary certifications or endorsements needed to be recognized as having federal T non-immigrant status for the purpose of receiving any federal benefits or services available pursuant to the "Trafficking Victims Protection Reauthorization Act of 2003," 22 U.S.C. s. 7101 et seq. f. The Attorney General shall, through the Office of Victim-Witness Advocacy and in consultation with the Commissioner of Health, the Superintendent of State Police and representatives of providers of services to victims of human trafficking, to be designated by the Director of the Office of Victim-Witness Advocacy, coordinate the establishment of standard protocols for the provision of information and services to victims of human trafficking, including coordination of efforts with the appropriate federal authorities pursuant to the "Trafficking Victims Protection Reauthorization Act of 2003," 22 U.S.C. s. 7101 et seq. and shall make such protocols available to victims upon request. g. The Attorney General, shall, through the Office of Victim-Witness Advocacy and in consultation with the Commissioner of Corrections, promulgate standards to ensure that the rights of female crime victims incarcerated in State correctional facilities are enforced. The standards shall include a requirement that unannounced visits be made to the facilities housing female inmates and random surveys be conducted for the purpose of identifying inmates who are the victims of sexual assault or sexual misconduct; an inmate who is determined to be a victim shall be informed of the available services set forth in subsection b. of this section and, upon request, be provided with any of these services. An inmate chosen by inmates in a housing unit as the liaison between the correctional facility administration and the inmate population shall be provided with a copy of this section of law. The liaison also shall be provided with a summary of the assistance and services available pursuant to subsection b. of this section for dissemination to the inmates in the housing unit. h. The Office of Victim-Witness Advocacy shall issue, upon request of the Office of Trial and Criminal Justice Process in the Division of Violence Intervention and Victim Assistance, reports regarding the Office of Victim-Witness Advocacy's performance of its duties as may be requested, and all State departments and agencies, boards, commissions, and authorities, as well as municipal and county governing bodies, boards, commissions, and authorities, shall cooperate fully in the preparation of any reports to the extent required and appropriate. L.1985, c.404, s.6; amended 1991, c.44, s.2; 1993, c.364, s.1; 1994, c.131, s.5; 1995, c.98, s.2; 1996, c.114; 2005, c.50, s.6; 2005, c.77, s.5; 2019, c.308; 2023, c.167, s.11.

N.J. Stat. § 52:4B-44.1 Establishment of standard protocols for provision of information and services to victims of human trafficking, minors charged with prostitution.

7. The Attorney General shall, in consultation with the Commissioner of the Department of Health and Senior Services, the Commissioner of Children and Families, the Superintendent of State Police and representatives of providers of services to victims of human trafficking and sexually exploited minors, coordinate the establishment of standard protocols for the provision of information and services to victims of human trafficking and to minors under the age of 18 who are charged with prostitution, including coordination of efforts with the appropriate federal authorities pursuant to the "Trafficking Victims Protection Reauthorization Act of 2003," 22 U.S.C. s.7101 et seq. and shall make such protocols available upon request. L.2011, c.195, s.7.

N.J. Stat. § 52:4B-44.1a Attorney General, community outreach, victims of human trafficking; pilot program, grants.

1. a. The Attorney General shall exercise its authority as head of the Department of Law and Public Safety and chief law enforcement officer of the State to utilize the resources of the department to perform outreach in the community and deliver services to victims of human trafficking in conjunction with other governmental entities, the Victims of Crime Compensation Office, and other victims' rights organizations, through means as the Attorney General deems appropriate, including, but not limited to, the use of a Statewide victim service provider or other public agencies or private service providers, component divisions of the department, family justice centers, or any other resources that may be made available for this purpose. b. The Attorney General shall be authorized to establish within the limits of funds made available for this purpose a pilot program to award grants to service providers to perform outreach and deliver services to victims of human trafficking in urban municipalities with the highest crime index in this State, according to the most recent Uniform Crime Report prepared by the New Jersey Division of State Police and in municipalities that are located near major maritime transportation hubs and have significant minority populations, as determined by the Attorney General. Application to the pilot program shall be made on forms and pursuant to procedures prescribed by the department, and upon completion, any pilot program shall be evaluated to determine the effectiveness of the pilot program, with a recommendation as to whether the pilot program should be continued, expanded, or made permanent. L.2023, c.297.

N.J. Stat. § 52:4B-44.2 Law enforcement training concerning needs of crime victims.

1. a. At least one law enforcement officer in every State, county, and municipal police department located in the six urban municipalities with the highest crime index in this State, according to the most recent Uniform Crime Report prepared by the New Jersey Division of State Police, shall receive in-service training on the specialized needs of crime victims and available services in accordance with subsection b. of section 9 of P.L.1985, c.404 (C.52:4B-47). b. The Attorney General shall ensure that at least one law enforcement officer in each police department in these municipalities has successfully completed the required in-service training. c. The Division of Criminal Justice shall provide assistance to law enforcement agencies in implementing the training requirements of this act. L.2019, c.501, s.1.

N.J. Stat. § 52:4B-44.3 Information available to victims of sexual assault.

1. Upon receiving a report of aggravated sexual assault or sexual assault as defined in subsection a. or c. of N.J.S.2C:14-2, the Office of Victim-Witness Advocacy, the county prosecutor's office, or any other law enforcement agency involved in the case shall make a packet of information available to the victim in electronic or paper format that includes, but is not limited to: a. rights and laws pertaining to victims of sexual assault; b. the criminal justice process as it pertains to victims of sexual assault; c. existing medical, counseling, and mental health services available to victims of sexual assault; d. any additional services available to victims of sexual assault through the Office of Victim-Witness Advocacy; e. a telephone number, established by the county prosecutor's office involved in the case, that the victim may call at any time for updates concerning the victim's case; and f. contact information for the appropriate county Office of Victim-Witness Advocacy. The victim may elect to waive the right to receive the packet of information. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the Office of Victim-Witness Advocacy, the county prosecutor's office, or any other law enforcement agency involved in the case shall not discuss or provide information regarding crime prevention strategies with an alleged victim of aggravated sexual assault or sexual assault. L.2021, c.62.

N.J. Stat. § 52:4B-44.3a Required timeframe to submit sexual assault forensic evidence kits to appropriate forensic laboratories; retention of certain kits.

1. a. Every State, county, and municipal law enforcement agency shall submit every sexual assault forensic evidence kit collected from a victim, who has consented to the release of the evidence to law enforcement, to the appropriate forensic laboratory for testing within 10 calendar days of the victim’s sexual assault medical forensic examination in accordance with guidelines promulgated by the Division of Criminal Justice. b. Every medical facility or other facility that conducts sexual assault medical forensic examinations shall notify the appropriate law enforcement agency immediately, but in no case more than 24 hours, after the collection of a new sexual assault forensic evidence kit where the victim consents to the release of the evidence to law enforcement. c. A law enforcement agency that receives a notification pursuant to subsection b. of this section shall take possession of the sexual assault forensic evidence kit within three business days of the notification and submit the sexual assault forensic evidence kit to the appropriate forensic laboratory in accordance with the timeframe set forth in subsection a. of this section. d. Every sexual assault forensic evidence kit collected from a victim who has not reported the crime to law enforcement or has not consented to the release of the evidence to law enforcement shall be retained in a manner that preserves the evidence for a minimum of 20 years from the date of collection, and where the victim is a minor, for a minimum of 20 years after the victim reaches the age of 18. e. The victim shall have the right to report the crime to law enforcement and submit the sexual assault forensic evidence kit for testing at any time until the end of the retention period as set forth in subsection d. of this section. f. The Attorney General shall issue or amend guidelines or directives necessary to effectuate the provisions of this section. L.2025, c.350.

N.J. Stat. § 52:4B-44.4 Reporting of sexual assault, criminal sexual contact cases.

1. a. The Attorney General, in consultation with the county prosecutors, regularly shall report cases of sexual assault and criminal sexual contact in this State. Information to be reported shall include, but not be limited to, the number of sexual assault and criminal sexual contact cases: (1) reported to law enforcement agencies; (2) in which reports or complaints were filed by victims; (3) referred to the county prosecutor; (4) declined to be prosecuted by the county prosecutor and further classified by categorical description of the reason for declining; (5) resulting in indictments or other charges; (6) downgraded from the New Jersey Superior Court to municipal court; (7) resulting in a plea-agreement and the specific disposition of the case; and (8) presented for trial and the specific disposition of the case. b. The Attorney General shall include in the report any other relevant information concerning statutory obligations to respond to and investigate sexual assault or criminal sexual contact cases. c. The Attorney General annually shall prepare a report summarizing the information required pursuant to subsection a. of this section. The annual report shall not contain any personal or identifying information about any victim. The Attorney General shall submit the annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The annual report also shall be posted on the official website of the Department of Law and Public Safety. L.2021, c.64.

N.J. Stat. § 52:4B-45 County victim-witness coordinators

a. The Chief of the Office of the Victim-Witness Advocacy shall appoint a county victim-witness coordinator in each county. b. A county victim-witness coordinator shall be responsible for the implementation of the victim-witness rights program in that county. c. Each county prosecutor shall provide office space, when available, for the victim-witness coordinator of that county. d. Each municipality may provide office space for these purposes at minimal or no cost. L. 1985, c. 404, s. 7.

N.J. Stat. § 52:4B-46 Coordination with law enforcement agencies

In providing the information and services mentioned above, the Office of Victim-Witness Advocacy shall coordinate its efforts with the various law enforcement agencies. These agencies are required by P.L. 1985, c. 249 (C. 52:4B-34 et seq.) to inform victims of the availability of this assistance. L. 1985, c. 404, s. 8.

N.J. Stat. § 52:4B-47 Training.

9. a. The curriculum for police training courses required pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.) shall include training on responding to the needs of crime victims, and specific training on responding to the needs of victims of human trafficking as defined in section 1 of P.L.2005, c.77 (C.2C:13-8), and on services available to provide assistance, including information on federal, State, and local hotlines available to receive reports of and provide assistance to victims of human trafficking. b. In-service training shall be made available for police officers, assistant prosecutors, county detectives and investigators on specialized needs of crime victims and available services. L.1985, c.404, s.9; amended 2013, c.51, s.20.

N.J. Stat. § 52:4B-48 Criminal Justice assistance

The Division of Criminal Justice shall provide assistance to county prosecutors and law enforcement agencies in implementing the guidelines and training requirements of this act. L. 1985, c. 404, s. 10.

N.J. Stat. § 52:4B-49 Annual reports

a. The Chief of the Office of Victim-Witness Advocacy shall annually report to the Attorney General, through the Director of the Division of Criminal Justice in the Department of Law and Public Safety, on the services provided to victims and witnesses, as required by this act. b. Each county prosecutor, as part of his annual report to the Attorney General pursuant to subsection b. of section 15 of P.L. 1970, c. 74 (C. 52:17B-111), shall report on the services provided to victims and witnesses, as required by this act. L. 1985, c. 404, s. 11.

N.J. Stat. § 52:4B-50 Findings, declarations relative to Sexual Assault Nurse Examiner program.

2. The Legislature finds and declares that the Sexual Assault Nurse Examiner program, established pursuant to P.L.1997, c.328, has been successful in ensuring more timely and accurate collection of forensic evidence for use in prosecuting suspected rapists and in creating a compassionate way to treat sexual assault victims, and it is important to establish the program throughout the State of New Jersey. L.2001,c.81,s.2.

N.J. Stat. § 52:4B-51 Statewide Sexual Assault Nurse Examiner program.

3. The Attorney General shall establish a Statewide Sexual Assault Nurse Examiner program in the Department of Law and Public Safety. Upon implementation of the certification process for a forensic sexual assault nurse examiner pursuant to section 5 of P.L.2001, c.81 (C.52:4B-53), the county prosecutor in each county shall appoint or designate a certified forensic sexual assault nurse examiner to serve as program coordinator for the program in the county in accordance with the provisions of this section. a. The county prosecutor may appoint an employee of the prosecutor's office who is a certified forensic sexual assault nurse examiner to serve as program coordinator to administer the program in that county. b. In a county where the county prosecutor does not appoint an employee of his office to serve as program coordinator, the county prosecutor shall designate a certified forensic sexual assault nurse examiner who is an employee of a licensed health care facility or a county rape care program that is designated by the Division on Women in the Department of Children and Families to serve as the program coordinator. A person designated as a program coordinator pursuant to this subsection shall not be deemed an employee of the county prosecutor's office. L.2001, c.81, s.3; amended 2012, c.16, s.134.

N.J. Stat. § 52:4B-52 Duties of program coordinator; "rape care advocate" defined.

4. The program coordinator shall: a. Coordinate the county Sexual Assault Nurse Examiner program in accordance with standard protocols for the provision of information and services to victims of sexual assault developed by the Attorney General pursuant to subsection d. of section 6 of P.L.1985, c.404 (C.52:4B-44); b. Perform forensic sexual assault examinations on victims of sexual assault in accordance with the standards developed by the Attorney General and appropriate medical and nursing standards of care; c. Designate one or more licensed physicians or certified forensic sexual assault nurse examiners to perform forensic sexual assault examinations on victims of sexual assault in accordance with the standards developed by the Attorney General and appropriate medical and nursing standards of care; d. Develop and implement standardized guidelines for forensic sexual assault examinations performed by designated physicians or certified forensic sexual assault nurse examiners in the county; e. Develop and implement a standardized education and training program to provide instruction to members of the county Sexual Assault Response Team established pursuant to section 6 of this act which shall include, but not be limited to, instruction in the following areas: (1) the importance of a coordinated, multi-disciplinary response to a report of sexual assault; (2) the policies and procedures which govern the responsibilities of each team member; (3) the psychological effects of sexual assault and rape trauma syndrome on the victim and the victim's family and friends; (4) the collection, handling and documentation of forensic evidence; and (5) confidentiality issues associated with the treatment of a victim of sexual assault and the investigation of a report of sexual assault; f. Establish, in cooperation with licensed health care facilities, private waiting rooms and areas designated for forensic sexual assault examinations and the provision of rape care services in the licensed health care facilities participating in the program; g. Develop, in cooperation with licensed health care facilities, protocols for the storage of forensic evidence; h. Provide appropriate services to victims of sexual assault, including the opportunity to tend to personal hygiene needs, obtain fresh clothing and speak with a rape care advocate prior to and during any medical procedure or law enforcement investigation, unless the victim requires immediate medical attention, as appropriate; i. Collaborate with law enforcement officials and the county rape care program to ensure that the needs of victims of sexual assault are met in a compassionate manner; j. Participate in regular meetings of the Sexual Assault Nurse Examiner Program Coordinating Council established pursuant to section 7 of this act; and k. Develop and implement procedures to ensure that victims of sexual assault are not charged any fee for services that are directly associated with forensic sexual assault examinations, including routine medical screening, medications for prophylaxis of sexually transmitted infections, pregnancy tests, emergency contraception, supplies, equipment and use of space. As used in this section and section 6 of this act, "rape care advocate" means a victim counselor, as defined pursuant to section 3 of P.L.1987, c.169 (C.2A:84A-22.14), who specializes in the provision of rape care services. L.2001, c.81, s.4; amended 2011, c.106, s.2.

N.J. Stat. § 52:4B-53 Certification process for forensic sexual assault nurse examiners; qualifications.

5. The Attorney General and the New Jersey Board of Nursing shall jointly establish a certification process for a forensic sexual assault nurse examiner. a. An applicant for certification as a forensic sexual assault nurse examiner shall be a registered professional nurse licensed in the State and in good standing with the New Jersey Board of Nursing, and shall have the following qualifications: (1) A minimum of two years of current nursing experience as defined by regulation of the Attorney General pursuant to section 17 of this act; (2) Certification verifying the completion of a forensic sexual assault nurse examiner training program that meets requirements established by the Attorney General and the New Jersey Board of Nursing; and (3) Demonstrates clinical competence in performing a forensic sexual assault examination. b. The Attorney General and the New Jersey Board of Nursing shall certify an applicant who meets the requirements of subsection a. of this section as a certified forensic sexual assault nurse examiner. L.2001,c.81,s.5.

N.J. Stat. § 52:4B-54 Sexual Assault Response Team in each county.

6. a. The county prosecutor's office in each county shall establish a Sexual Assault Response Team or shall enter into a collaborative agreement with another county to share the services of that county's response team. The response team shall be comprised of: a certified forensic sexual assault nurse examiner, a rape care advocate from the county program established, or designated by the Division on Women in the Department of Children and Families, as provided under section 3 of P.L.2001, c.81 (C.52:4B-51), and a law enforcement official. The response team shall: (1) respond to a report of sexual assault at the request of a victim of sexual assault pursuant to guidelines established by the Attorney General pursuant to section 17 of P.L.2001, c.81 (C.52:4B-60); and (2) provide treatment, counseling, legal, and forensic medical services to a victim of sexual assault in accordance with the standard protocols developed by the Attorney General pursuant to subsection d. of section 6 of P.L.1985, c.404 (C.52:4B-44). b. Each member of the response team shall complete the standardized education and training program developed by the program coordinator pursuant to subsection e. of section 4 of P.L.2001, c.81 (C.52:4B-52). L.2001, c.81, s.6; amended 2012, c.16, s.135.

N.J. Stat. § 52:4B-54.1 Sexual assault training course for law enforcement officers.

1. a. The Division of Criminal Justice shall develop or approve a training course and curriculum for law enforcement officers on the handling, investigation, and response procedures for reports of sexual assault. This training course and curriculum shall be reviewed at least every two years by the division and modified as need may require. The division shall make the curriculum available to all law enforcement agencies in the State. b. The Attorney General shall be responsible for ensuring that all law enforcement officers complete in-service training triennially on the handling of sexual assault matters. L.2017, c.192, s.1.

N.J. Stat. § 52:4B-54.2 In-service training course on how to handle, investigate, and respond to reports of sexual assault.

1. a. The Division of Criminal Justice shall develop or approve a triennial in-service training course and curriculum specifically for every county prosecutor and each assistant county prosecutor to whom sexual assault cases are assigned on how to appropriately handle, investigate, and respond to reports of sexual assault. b. The training course and curriculum shall include a component emphasizing the value of restorative justice in sexual assault cases. c. The division shall make the training course and curriculum available to all county prosecutor's offices in the State. d. The division shall review the training course and curriculum every five years, in consultation with nationally recognized trainers with expertise in trauma informed care and the New Jersey Coalition Against Sexual Assault, and make any necessary modifications. e. The division may make the training course and curriculum available in an online format, but prosecutors shall complete the course and curriculum in person every six years. f. The Attorney General shall be responsible for ensuring that all county prosecutors and appropriate assistant county prosecutors triennially complete the in-service training on handling sexual assault matters required by this section. g. A county prosecutor or assistant county prosecutor appointed after the effective date of P.L.2021, c.66 (C.52:4B-54.2 et al.) shall complete the training course and curriculum within 60 days of the prosecutor's initial appointment. The division shall determine whether training in the handling of sexual assault cases completed by a prosecutor appointed prior to the effective date of P.L.2021, c.66 (C.52:4B-54.2 et al.) complies with the requirements of this section. If the training does not comply with these requirements, the prosecutor shall complete the training course and curriculum required by this section within 60 days of the effective date of P.L.2021, c.66 (C.52:4B-54.2 et al.). h. The division shall develop an open process pursuant to which the division will accept bids by organizations to assist in developing and providing the training required by this section. L.2021, c.66, s.1.

N.J. Stat. § 52:4B-55 Sexual Assault Nurse Examiner Program Coordinating Council.

7. a. The Attorney General shall establish a Sexual Assault Nurse Examiner Program Coordinating Council comprised of: the Attorney General, the Director of the Division on Women, the Chief of the Office of Victim-Witness Advocacy, the Executive Director of the Division of Violence Intervention and Victim Assistance, the Executive Director of the New Jersey Coalition Against Sexual Assault, and the Executive Director of the New Jersey Board of Nursing, or their respective designees; a representative from the New Jersey County Prosecutor's Association; and the program coordinators appointed or designated pursuant to section 3 of P.L.2001, c.81 (C.52:4B-51). The Attorney General, through the sexual assault unit established pursuant to section 8 of P.L.2001, c.81 (C.52:4B-56), and in consultation with the coordinating council, shall oversee the Statewide Sexual Assault Nurse Examiner program and identify and obtain any State and federal funding available to supplement the funds appropriated to operate the program. b. The coordinating council shall review the effectiveness of the services provided by the State to victims of sexual assault and make recommendations to the Attorney General for any needed changes in the standards, regulations or State policy concerning the provision of victim services. L.2001, c.81, s.7; amended 2012, c.16, s.136; 2023, c.167, s.12.

N.J. Stat. § 52:4B-56 Sexual assault unit, Department of Law and Public Safety.

8. The Attorney General shall establish a sexual assault unit within the Division of Criminal Justice in the Department of Law and Public Safety which shall include a sexual assault investigator and a certified forensic sexual assault nurse examiner. The unit shall consult with the Division of Violence Intervention and Victim Assistance in its oversight of the operation of the county sexual assault nurse examiner programs, and provide assistance to counties in the investigation and prosecution of sexual assaults. The unit shall review all complaints received regarding a county's investigation and prosecution of a sexual assault and shall provide recommendations to the Attorney General regarding the county's investigation and prosecution of the case. The unit also shall provide training to law enforcement officials and county prosecutors, on an ongoing basis, in the investigation and prosecution of sexual assault. Any training the unit may provide to county prosecutors and assistant county prosecutors shall comply with the requirements of section 1 of P.L.2021, c.66 (C.52:4B-54.2). L.2001, c.81, s.8; amended 2021, c.66, s.2; 2023, c.167, s.13.

N.J. Stat. § 52:4B-57 Immunity from liability for authorized forensic sexual assault examinations.

9. a. A designated certified forensic sexual assault nurse examiner and a designated licensed physician shall be immune from civil and criminal liability in the performance of the nurse examiner's or physician's duties when acting in response to a request from a law enforcement agency or a program coordinator to perform a forensic sexual assault examination pursuant to the provisions of this act, if the skills and care exercised by the forensic sexual assault nurse examiner or the licensed physician during the examination are those ordinarily exercised by others in the nursing and medical profession, respectively. b. A licensed health care facility in which a forensic sexual assault examination is performed pursuant to this act shall be immune from civil and criminal liability in the performance of the examination when acting in response to a request from a law enforcement agency or a program coordinator if the care exercised by the licensed health care facility during the examination is that ordinarily exercised by a licensed health care facility. L.2001,c.81,s.9.

N.J. Stat. § 52:4B-58 Continuation of existing program.

10. Notwithstanding the provisions of this act to the contrary, a county forensic sexual assault nurse examiner program in existence on the effective date of this act may continue to operate in accordance with the standard protocols for the provision of information and services to victims of sexual assault developed by the Attorney General pursuant to subsection d. of section 6 of P.L.1985, c.404 (C.52:4B-44), until the implementation of the certification process for a forensic sexual assault nurse examiner pursuant to section 5 of this act. L.2001,c.81,s.10.

N.J. Stat. § 52:4B-59 "Statewide Sexual Assault Nurse Examiner Program Fund."

12. There is hereby established the "Statewide Sexual Assault Nurse Examiner Program Fund" as a nonlapsing, revolving fund. This fund shall be administered by the Attorney General, and all moneys deposited therein pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6) shall be used in accordance with guidelines established by the Attorney General for the operational expenses of the sexual assault nurse examiner program in each county. This fund shall be used in coordination with and in supplementation of any available federal funding under the "Victims of Crime Act of 1984," 42 U.S.C. s.10601 et seq., or any other grant funding for this purpose. L.2001,c.81,s.12.

N.J. Stat. § 52:4B-60 Rules, regulations, guidelines.

17. The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. The Attorney General shall also establish guidelines governing a county Sexual Assault Response Team's response to a report of sexual assault pursuant to the provisions of section 6 of this act. L.2001,c.81,s.17.

N.J. Stat. § 52:4B-60.1 Short title.

1. This act shall be known and may be cited as the "Sexual Assault Victim's Bill of Rights." L.2019, c.103, s.1.

N.J. Stat. § 52:4B-60.2 Findings, declarations relative to the rights of victims of sexual violence.

2. The Legislature finds and declares that: a. The enactment of the "Crime Victim's Bill of Rights," P.L.1985, c.249 (C.52:4B-34 et seq.) and the "New Jersey Campus Sexual Assault Victim's Bill of Rights Act," P.L.1994, c.160 (C.18A:61E-1 et seq.) have resulted in significant advances in the recognition and protection of the rights of crime victims and survivors once they enter the criminal justice system; b. Nonetheless, victims of sexual violence in particular often face circumstances where they may be blamed for the crime, assumed to be fabricating the crime, or taken less seriously than their injuries warrant. These victims are sometimes discouraged from proceeding with their complaints and as a result may not be afforded the protections and rights in the criminal justice system to which they are entitled; c. Therefore, with no diminution of the legislatively-recognized rights of crime victims, it is the public policy of this State that the criminal justice system accord victims of sexual violence the following rights: (1) To have any allegation of sexual assault treated seriously; to be treated with dignity and compassion; and to be notified of existing medical, counseling, mental health, or other services available for victims of sexual assault, whether or not the crime is reported to law enforcement; (2) To be free, to the extent consistent with the New Jersey or United States Constitution, from any suggestion that victims are responsible for the commission of crimes against them or any suggestion that victims were contributorily negligent or assumed the risk of being assaulted; (3) To be free from any suggestion that victims are to report the crimes to be assured of any other guaranteed right and that victims should refrain from reporting crimes in order to avoid unwanted personal publicity; (4) When applicable, to no-cost access to the services of a sexual assault response team comprised of: a certified forensic nurse examiner, a confidential sexual violence advocate, and a law enforcement official as provided in accordance with the Attorney General's Standards for Providing Services to Victims of Sexual Assault, and the choice to opt into or out of any of the team's services; (5) To be informed of, and assisted in exercising, the right to be confidentially or anonymously tested for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS; and to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of a sexual assault suspect for communicable diseases; (6) To have forensic medical evidence, if collected, retained for a minimum of five years, and to receive information about the status of the evidence upon request in accordance with section 2 of P.L.2024, c.59 (C.52:4B-60.2a); (7) To choose whether to participate in any investigation of the assault; (8) To reasonable efforts to provide treatment and interviews in a language in which the victim is fluent and the right to be given access to appropriate assistive devices to accommodate disabilities that the victim may have, whether temporary or long term; (9) To information and assistance in accessing specialized mental health services; protection from further violence; other appropriate community or governmental services, including services provided by the Victims of Crime Compensation Office; and all other assistance available to crime victims under current law; (10) To be apprised of the availability and process by which a court may order the taking of testimony from a victim via closed circuit television in accordance with section 1 of P.L.1985, c.126 (C.2A:84A-32.4); and (11) To be apprised of the availability and process by which to seek protections through a temporary or final protective order under the "Victim's Assistance and Survivor Protection Act," P.L.2015, c.147 (C.2C:14-13 et al.), if the victim believes that the victim is at risk for re-victimization or further harm by the perpetrator. L.2019, c.103, s.2; amended 2023, c.127, s.8; 2024, c.59, s.1.

N.J. Stat. § 52:4B-60.2a Sexual assault victim, right to be informed, certain details.

2. a. A victim of a sexual assault offense shall have the right to be informed: (1) of whether a DNA profile of an assailant was obtained from the processing of forensic medical evidence in a sexual assault case; (2) of whether a DNA profile of an assailant has been entered into any data bank designed or intended to be used for the retention or comparison of case evidence; (3) of whether there is a match between the DNA profile of an assailant obtained in the sexual assault case and any DNA profile contained in any data bank designed or intended to be used for the retention or comparison of case evidence. This paragraph shall not apply if disclosure would impede or compromise an ongoing investigation; and (4) when sexual assault evidence is submitted to a forensic laboratory, when the evidence is compared against any data bank, and of the results of the comparison. This paragraph shall not apply if disclosure would impede or compromise an ongoing investigation. b. Upon the request of a victim of a sexual assault offense, the law enforcement agency with the primary responsibility for investigating that sexual assault case shall inform the victim of the status of the processing of all evidence collected in that case. The law enforcement agency may require that the victim's request made pursuant to this subsection be in writing. The law enforcement agency may respond to a victim's request under this section with a written communication or by electronic mail, if an electronic mail address is available. A law enforcement agency is not required by this subsection to communicate with the victim regarding the status of the processing of crime scene evidence unless the victim has made a specific request to do so. A sexual assault victim may designate another person of the victim's choosing to receive information requested by the sexual assault victim or any notice required under this act. c. The law enforcement agency with the primary responsibility for investigating a sexual assault case shall provide information to a victim pursuant to this section in a timely manner and, upon request of the victim, advise the victim of any significant changes in the information of which the law enforcement agency is aware. To receive notice under this section, the victim shall inform the law enforcement agency of the name, address, telephone number, and electronic mail address of the person to whom the information should be provided, and of any changes to the information. A person accused or convicted of a crime against the victim shall not have standing to object to any failure to comply with this section. The failure to inform a sexual assault victim with notice or information pursuant to this section shall not be the basis for setting aside the conviction or sentence. L.2024, c.59, s.2.

N.J. Stat. § 52:4B-60.3 Publication of notice of rights on Internet website, posting at certain locations.

3. The Attorney General, in consultation with the New Jersey Coalition Against Sexual Assault, shall publish a notice of the rights enumerated in the "Sexual Assault Victim's Bill of Rights" pursuant to subsection c. of section 2 of this act, and shall make this notice available to the public on the Internet website of the Department of Law and Public Safety. All hospital emergency departments, police stations and other law enforcement agencies, sexual violence service organizations, and any other entity informing victims of sexual violence of their rights shall post a copy of this notice in a conspicuous location that is available to the public. The Attorney General shall incorporate the rights and services enumerated in the "Sexual Assault Victim's Bill of Rights" pursuant to this act and in the "Victim's Assistance and Survivor Protection Act," P.L.2015, c.147 (C.2C:14-13 et al.), in the Attorney General Standards for Providing Services to Victims of Sexual Assault to ensure the compassionate and sensitive delivery of services to all sexual violence victims. L.2019, c.103, s.3; amended 2023, c.127, s.9.

N.J. Stat. § 52:4B-60.4 Division of Violence Intervention and Victim Assistance established, Department of Law and Public Safety.

1. There is hereby established in the Department of Law and Public Safety the Division of Violence Intervention and Victim Assistance. The division shall be under the immediate supervision of an executive director who shall be appointed by and serve at the pleasure of the Attorney General and who shall administer the work of the division under the direction and supervision of the Attorney General. The Attorney General shall fix the compensation of the executive director within the limits of available appropriations. L.2023, c.167, s.1.

N.J. Stat. § 52:4B-60.5 Division of Violence Intervention and Victim Assistance, work organized, Attorney General.

2. The Attorney General shall organize the work of the division in bureaus and other organizational units as the Attorney General may determine to be necessary for efficient and effective operation and shall assign to the division employees in the Department of Law and Public Safety as may be necessary to assist the executive director in the performance of the executive director's duties. All employees of the division, except for secretarial and clerical personnel, shall be in the unclassified service of the Civil Service. L.2023, c.167, s.2.

N.J. Stat. § 52:4B-60.6 Division of Violence Intervention and Victim Assistance, services.

3. a. The Division of Violence Intervention and Victim Assistance shall oversee and coordinate in the Department of Law and Public Safety all matters related to violence intervention and prevention and victim assistance and services performed by or on behalf of the Attorney General, including, but not limited to: (1) directly providing, within the limits of resources made available for this purpose, victim and violence intervention and prevention services and coordinating the delivery of the services provided through the various divisions in the Department of Law and Public Safety; (2) reviewing and overseeing the department's provision of services to victims of crime, human trafficking, and violence and services to communities for the prevention of violence; (3) monitoring and administering the department's violence intervention and prevention programs, initiatives, and services intended to reduce the cycle of violence and advocating to advance the objectives of these measures; (4) developing and implementing measures and strategies to better address the needs of underserved victim populations; (5) assisting, supporting, consulting on and participating in the development and implementation of initiatives, projects, and strategies to address issues related to violence reduction and victim support, including, but not limited to, the development of a State infrastructure for victim assistance and violence intervention and prevention services, formation of a Statewide strategy for the growth and standardization of services, and directing efforts to enhance community engagement and program accountability; (6) serving as a resource center and facilitator to provide technical assistance and training with respect to victim assistance and violence intervention and prevention services for the purpose of improving access to available services, promoting awareness of available resources and models of services, expanding the scope and availability of these services, and developing new preventative strategies; (7) building partnerships between, coordinating with, and supporting initiatives to improve public health and safety involving law enforcement entities and victim assistance and violence intervention and prevention service providers; (8) developing intergovernmental partnerships and engaging in outreach and collaboration efforts with other State, county, and local government agencies on policy and programmatic issues, reforms, and initiatives related to violence intervention, and victim assistance; (9) safeguarding victims' rights and ensuring appropriate consideration of victims' rights and interests in the performance of public safety, law enforcement, and prosecutorial functions by other divisions in the department; (10) performing, arranging for, or coordinating community support and assistance programs and services in the aftermath of crimes involving multiple victims such as mass shootings, school shootings, or acts of terrorism; providing assistance to other governmental entities in their response to these crimes; and serving as a repository of resources to assist communities in preparing for these events; (11) developing grant applications and applying for available grant funding for violence intervention and victim assistance projects and programs on behalf of the department; (12) receiving and processing, or monitoring the receipt and processing of, applications from State and local government agencies and nonprofit organizations for violence intervention and prevention and victim service or assistance project grants that may be made available from or through the department, including, but not limited to, the promulgation of standards and procedures related to the solicitation, qualification, and award of grants; and (13) performing other functions as the Attorney General may prescribe. b. In carrying out its responsibilities, the division shall take steps as it deems appropriate in furtherance of the following objectives: (1) to promote a trauma-informed approach in the provision of victim and violence intervention and prevention services by the department, other State agencies, and local and county governments providing these services; (2) to provide and coordinate the provision of services to victims of crime and violence at the State, county, and local levels in order to ameliorate the impact of crime and violence and to prevent future violence; (3) to promote access to and deployment of services to vulnerable and less accessible victim populations, including, but not limited to, promoting policies that recognize that an individual's status as a prior offender should not be grounds for denial of services that could prevent future violence; (4) to serve as a point of contact and engagement for community members, stakeholders, crime survivors, former clients, and justice-involved persons to offer input, local knowledge, and collaborative viewpoints for the purpose of improving services and influencing policymaking; (5) to support and advocate for policies that promote the hiring and recruitment of culturally competent individuals in the field of victim assistance and violence intervention and prevention services; (6) to promote policies and practices that encourage the use of peer support, such as credible messengers, individuals with lived experience, and trauma survivors in the provision of services; (7) to identify best practices and evidence-based interventions in the provision of victim and violence intervention and prevention services and promote these measures within the department, other State agencies, and local county governments that provide these services through methods including, but not limited to, training and reporting; and (8) to provide or direct resources and assistance to communities and victims to address and ameliorate the impact of hate crimes or acts of violence which are motivated by or evince a discriminatory intent. L.2023, c.167, s.3.

N.J. Stat. § 52:4B-60.7 Victims of Crime Compensation Office, functions, powers, duties transferred employees, certain, unclassified, Civil Service.

4. a. All the functions, powers, and duties of the Victims of Crime Compensation Office in the Department of Law and Public Safety, originally established as the Victims of Crime Compensation Agency pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and the Reorganization Plan No. 001-2008, are transferred to the Division of Violence Intervention and Victim Assistance established hereunder. b. Except for secretarial and clerical personnel, all employees of the Victims of Crime Compensation Office, including the Victims of Crime Compensation Office investigators, shall be in the unclassified service of the Civil Service. L.2023, c.167, s.4.

N.J. Stat. § 52:4B-60.8 Office of Violence Intervention and Prevention, responsibilities, duties.

5. a. The Attorney General shall establish an Office of Violence Intervention and Prevention in the Division of Violence Intervention and Victim Assistance in the Department of Law and Public Safety under the supervision of either a Director or Chief of the Office of Violence Intervention and Prevention. The office shall promote and facilitate the performance or provision of violence intervention and prevention services set forth in section 3 of P.L.2023, c.167 (C.52:4B-60.6) and manage and oversee the State's violence intervention and prevention work. The office's responsibilities shall include: (1) managing and overseeing violence intervention and prevention programs maintained and operated by the department, including, but not limited to, any hospital-based or community-based violence intervention program; (2) developing, and supporting the effectuation of, policies and projects related to violence intervention and prevention, including, but not limited to, a Statewide infrastructure of violence intervention and prevention services; (3) assisting and advising community-based programs and local entities in their development and implementation of violence intervention and prevention programs and strategies, including, but not limited to, promoting, supporting, and facilitating, through the provision of training, guidance, and technical assistance, community-based violence intervention and prevention programs that adhere to or incorporate a public health approach to public safety, identifying best practices and evidence-based interventions, and recommending programs and services to be supported by local governing bodies which address community violence; (4) developing or providing support for the development of a network of community-based organizations and health and mental health providers within the community that offer outreach that supports communities and individuals who experience or are at risk of experiencing community violence; (5) supporting school-based opportunities to incorporate violence intervention and prevention strategies that address community violence; (6) promoting the use of peer support services, such as credible messengers or other individuals with lived experience to serve as mentors or role models for individuals who are at risk of engaging in criminal activity or who have a high risk of involvement in violence; (7) identifying, developing, and prioritizing approaches to violence intervention and prevention that are trauma-informed and promoting solutions that are supportive of and incorporate mental health services; and (8) establishing partnerships with institutions of higher education and research centers to identify and develop tools for evaluating and measuring the effectiveness of violence intervention and prevention strategies and partnering on grant applications studying or implementing the same. b. The office may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association or person, and may comply with the terms, conditions, and limitations thereof, for any of the purposes of the office. Any money received may be expended by the division, subject to any limitations imposed in the grants, to effectuate any of the purposes of the office upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the director. c. The Attorney General may establish a local, county, or regional structure for the execution of violence intervention and prevention services set forth in this section. L.2023, c.167, s.5.

N.J. Stat. § 52:4B-60.9 Office of Victim Support and Assistance, responsibilities, duties.

6. a. The Attorney General shall establish an Office of Victim Support and Assistance in the Division of Violence Intervention and Victim Assistance in the Department of Law and Public Safety under the supervision of either a Director or Chief of the Office of Victim Support and Assistance. The office shall promote and facilitate the performance or provision of victim support and assistance services set forth in section 3 of P.L.2023, c.167 (C.52:4B-60.6) and oversee the department's victim-related services in a manner consistent with the goal of making victim assistance a key strategy for a public health approach to public safety that prevents violence and victimization. The office's responsibilities shall include: (1) providing strategy and resources for the State to address the needs of victims of crimes, and through this assistance, to intervene in violence and prevent repeat victimization; (2) setting departmental policy with respect to victims of crime and violence, including, but not limited to, victims of sexual assault, victims of domestic violence and intimate partner abuse, youth victims, victims of discrimination and bias-based crimes, and immigrant populations; (3) serving as a repository of resources, information, best practices, and guidance for communities in the aftermath of mass or multiple acts of violence or bias-based acts, and developing policies and partnerships to prevent these incidents; (4) identifying victim populations in need of support and assistance, including, but not limited to, victims of non-violent offenses, and communities and demographics that are disproportionally affected by violence, and developing policies for these populations; (5) enhancing access to healing services after incidents of victimization; (6) providing technical assistance, training, and guidance to other divisions and organizational units within the department relating to the provision of victim support and assistance; (7) identifying best practices and evidence-based interventions for improving services to victims, and providing resources and toolkits to State and local government agencies to assist in the effective implementation of these strategies; (8) identifying, developing, and prioritizing trauma-informed approaches to victim assistance and violence intervention that promote solutions that are supportive of and incorporate mental health services; (9) identifying, developing recommendations on, and setting crime response policies that may impact the range of victim populations, including restorative justice approaches and other solutions; and (10) identifying and cultivating survivor-centered strategies through guidance, policy and outreach support, and funding. b. The office may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association, or person, and may comply with the terms, conditions, and limitations imposed in the grants, to effectuate any of the purposes of the office upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the director. c. The Attorney General may designate the Office of Victim Support and Assistance to be the programmatic manager of victim-related federal and State grant funds, including grants issued to the State under the federal Victims of Crime Act and the federal Violence Against Women Act, which are allocated to or administered by the department. L.2023, c.167, s.6.

N.J. Stat. § 52:4B-60.10 Office of Trial and Criminal Justice Process, responsibilities, duties.

7. The Attorney General shall establish an Office of Trial and Criminal Justice Process in the Division of Violence Intervention and Victim Assistance in the Department of Law and Public Safety under the supervision of either a Director or Chief of the Office of Trial and Criminal Justice Process. The office shall promote and facilitate the performance or provision of victim support and assistance services set forth in section 3 of P.L.2023, c.167 (C.52:4B-60.6), coordinate and set policy for crime victims as they navigate the criminal justice process, and enhance crime victims' access to services. The office's responsibilities shall include: (1) advising the New Jersey State Office of Victim-Witness Advocacy and the county prosecutor's victim witness advocates; (2) receiving and reviewing reports from the Office of Victim-Witness Advocacy and the county prosecutor's victim witness advocates; (3) setting Statewide policy, identifying best practices, and receiving and reviewing reports regarding performances and compliance with policies and rules for the Office of Victim-Witness Advocacy and the county prosecutor's victim witness advocates; (4) developing policy for witnesses and victims of crime who are not currently served entities at the State, county, or municipal levels; (5) identifying best practices and setting policies aimed at better informing and empowering victims of crime; and (6) coordinating with organizational units under the direction of the Division of Violence Intervention and Victim Assistance and other divisions or departments regarding services affecting victims in the criminal justice process. L.2023, c.167, s.7.

N.J. Stat. § 52:4B-60.11 Rules, regulations.

8. The Executive Director of the Division of Violence Intervention and Victim Assistance shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to implement the provisions of P.L.2023, c.167 (C.52:4B-60.4 et al.). L.2023, c.167, s.8.

N.J. Stat. § 52:4B-61 Findings, declarations relative to profits related to crime

1. a. The Legislature finds: (1) The State of New Jersey has a compelling interest in preventing any person who is convicted of a crime from directly or indirectly profiting from the crime or circumstances surrounding the crime. (2) To that end, the State has established the Victims of Crime Compensation Board to help compensate victims of crime for their loss. b. The Legislature declares that it is altogether fitting and proper and within the public interest to provide a mechanism where profits from a crime that are received by a convicted person should be available as restitution to the victim of the crime. L.2003,c.190,s.1.

N.J. Stat. § 52:4B-62 Definitions relative to profits related to crime

2. For the purposes of this act: a. "Crime" means: (1) any crime as defined under the laws of this State; or (2) any offense in any jurisdiction which includes all of the essential elements of any crime as defined under the laws of this State; and (a) the crime victim was a resident of this State at the time of the commission of the offense; or (b) the act or acts constituting the offense occurred in whole or in part in this State. b. "Profits from a crime" means: (1) any property obtained through or income generated from the commission of a crime of which the defendant was convicted; (2) any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, including any gain realized by such sale, conversion or exchange; and (3) any property which the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, a crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange. c. "Funds of a convicted person" means all funds and property received from any source by a person convicted of a crime, or by the representative of such person, including the convicted person's spouse, children, parents, siblings or such other person whom a court of competent jurisdiction may deem to be the alter ego of the convicted person, giving due regard to the purpose and intent of this act, but excluding child support and earned income, where such person: (1) is an inmate or prisoner serving a sentence under the custody and control of the Department of Corrections and includes funds received on behalf of an inmate or prisoner and deposited in an inmate or prisoner account to the credit of the inmate or prisoner; (2) is not an inmate or prisoner, but who is serving a sentence of probation or conditional discharge or is presently subject to a term of post release supervision, but shall include earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional discharge or post release supervision; or (3) is no longer subject to a sentence of probation, conditional discharge or post release supervision, and where, within the previous three years, the full or maximum term or period terminated or expired or such person was granted a discharge by the State Parole Board pursuant to applicable law, or granted a discharge or termination from probation pursuant to applicable law or granted a discharge or termination under applicable federal or State law, rules or regulations prior to the expiration of such full or maximum term or period; and includes only: (a) those funds paid to such person as a result of any interest, right, right of action, asset, share, claim, recovery or benefit of any kind that the person obtained, or that accrued in favor of such person, prior to the expiration of such sentence, term or period; (b) any recovery or award collected in a lawsuit after expiration of such sentence where the right or cause of action accrued prior to the expiration or service of such sentence; and (c) earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional release or post release supervision. d. "Crime victim" means: (1) the victim of a crime; (2) the representative of a crime victim; (3) a Good Samaritan, as provided in P.L.1963, c.140 (C.2A:62A-2 et seq.); (4) the Victims of Crime Compensation Board or other governmental agency that has received an application for or provided financial assistance or compensation to the victim. e. "Earned income" means income derived from one's own labor or through active participation in a business, but does not include income from dividends or investments. f. "Board" means the Victims of Crime Compensation Board established pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3). L.2003,c.190,s.2.

N.J. Stat. § 52:4B-63 Requirement for written notice of payment to board

3. a. Every person, firm, corporation, partnership, association or other legal entity, or representative of such person, firm, corporation, partnership, association or entity, which knowingly contracts for, pays, or agrees to pay: (1) any profits from a crime to a person charged with or convicted of that crime, or to the representative of such person, or (2) any funds of a convicted person where such conviction is for a crime and the value, combined value or aggregate value of the payment or payments of such funds exceeds or will exceed $10,000 shall give written notice to the board of the payment or obligation to pay as soon as practicable after discovering that the payment or intended payment constitutes profits from a crime or funds of a convicted person. b. Notwithstanding subsection a. of this section, whenever the payment or obligation to pay involves funds of a convicted person that a superintendent of a correctional facility receives or will receive on behalf of an inmate or prisoner serving a sentence with the Department of Corrections and deposits or will deposit in an inmate or prisoner account to the credit of the inmate or prisoner and the value, combined value or aggregate value of such funds exceeds or will exceed $10,000, the superintendent shall also give written notice to the board. Further, whenever the State makes payment or has an obligation to pay funds of a convicted person and the value, combined value or aggregate value of such funds exceeds or will exceed $10,000, the State shall also give written notice to the board. In all other instances where the payment or obligation to pay involves funds of a convicted person and the value, combined value or aggregate value of such funds exceeds or will exceed $10,000, the convicted person who receives or will receive such funds, or the representative of such person, shall give written notice to the board. c. The board, upon receipt of notice of a contract, an agreement to pay or payment of profits from a crime or funds of a convicted person pursuant to subsection a. or b. of this section, or upon receipt of notice of funds of a convicted person from the superintendent where the inmate or prisoner is confined, shall notify all known crime victims of the convicted person of the existence of such profits or funds at their last known address. L.2003,c.190,s.3.

N.J. Stat. § 52:4B-64 Crime victim right to bring civil action for damages; statute of limitations

4. Notwithstanding any other law to the contrary, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convicted of a crime of which the crime victim is a victim, or the representative of that convicted person, within three years of the discovery of any profits from a crime or funds of a convicted person, as those terms are defined in this act. Notwithstanding any other provision of law to the contrary, a judgment obtained pursuant to this section shall not be subject to execution or enforcement against the first $1,000 dollars deposited in an inmate account to the credit of the inmate or in a prisoner account to the credit of the prisoner. In addition, where the civil action involves funds of a convicted person and such funds were recovered by the convicted person pursuant to a judgment obtained in a civil action, a judgment obtained pursuant to this section may not be subject to execution or enforcement against a portion thereof. If an action is filed pursuant to this section after the expiration of all other applicable statutes of limitation, any other crime victims must file any action for damages as a result of the crime within three years of the actual discovery of such profits or funds, or within three years of actual notice received from or notice published by the board of such discovery, whichever is later. L.2003,c.190,s.4.

N.J. Stat. § 52:4B-65 Notice of filing of action to board

5. Upon filing an action pursuant to section 4 of this act, the crime victim shall give notice to the board of the filing by delivering a copy of the summons and complaint to the board. The crime victim may also give such notice to the board prior to filing the action so as to allow the board to apply for any appropriate provisional remedies which are otherwise authorized to be invoked prior to the commencement of an action. L.2003,c.190,s.5.

N.J. Stat. § 52:4B-66 Actions of board upon receipt of notice from crime victim

6. Upon receipt of a copy of a summons and complaint, or upon receipt of notice from the crime victim prior to filing the action as provided in section 5 of this act, the board shall immediately take such actions as are necessary to: a. notify all other known crime victims of the alleged existence of profits from a crime or funds of a convicted person by certified mail, return receipt requested, where the victims' names and addresses are known by the board; b. publish, at least once every six months for three years from the date it is initially notified by a victim, pursuant to section 5 of this act, a legal notice in newspapers of general circulation in the county wherein the crime was committed and in counties contiguous to such county advising any crime victims of the existence of profits from a crime or funds of a convicted person. The board may, in its discretion, provide for such additional notice as it deems necessary; c. avoid the wasting of the assets identified in the complaint as the newly discovered profits from a crime or as funds of a convicted person. L.2003,c.190,s.6.

N.J. Stat. § 52:4B-67 Provisional remedies available to board, plaintiff

7. The board, acting on behalf of the plaintiff and all other victims, shall have the right to apply for any and all provisional remedies that are also otherwise available to the plaintiff. a. The provisional remedies of attachment, injunction, receivership and notice of pendency available to the plaintiff under the civil practice law and rules, shall also be available to the board in all actions under this section. b. On a motion for a provisional remedy, the moving party shall state whether any other provisional remedy has previously been sought in the same action against the same defendant. The court may require the moving party to elect between those remedies to which it would otherwise be entitled. L.2003,c.190,s.7.

N.J. Stat. § 52:4B-68 Failure to give notice of payment; notice of hearing, proceedings; findings, penalties

8. a. Whenever it appears that a person or entity has knowingly and willfully failed to give notice in violation of subsection a. of section 3 of this act, the board shall be authorized to serve a notice of hearing upon the person or entity by personal service or by registered or certified mail. The notice shall contain the time, place and purpose of the hearing. In addition, the notice shall be accompanied by a petition alleging facts of an evidentiary character that support or tend to support that the person or entity, who shall be named therein as a respondent, knowingly and willfully failed to give the notice required in subsection a. of section 3 of this act. Service of the notice and petition shall take place at least 15 days prior to the date of the hearing. b. The chairperson of the board, or any board member designated by the chairperson, shall preside over the hearing. The presiding member shall administer oaths and may issue subpoenas. The presiding member shall not be bound by the rules of evidence or civil procedure, but the presiding member's determination shall be based on a preponderance of the evidence. At the hearing, the burden of proof shall be on the board, which shall be represented by the counsel to the board or another person designated by the board. The board shall produce witnesses and present evidence in support of the alleged violation, which may include relevant hearsay evidence. The respondent, who may appear personally at the hearing, shall have the right of counsel and may cross-examine witnesses and produce evidence and witnesses in his behalf, which may include relevant hearsay evidence. The issue of whether the person who received an alleged payment or obligation to pay committed the underlying crime shall not be relitigated at the hearing. Where the alleged violation is the failure to give notice of a payment amount involving two or more payments the combined value or aggregate value of which exceeds $10,000, no violation shall be found unless it is shown that such payments were intentionally structured to conceal their character as funds of a convicted person. At the conclusion of the hearing, if the presiding member is not satisfied that there is a preponderance of evidence in support of a violation, the member shall dismiss the petition. If the presiding member is satisfied that there is a preponderance of the evidence that the respondent committed one or more violations, the member shall so find. Upon such a finding, the presiding member shall prepare a written statement, to be made available to the respondent and respondent's counsel, indicating the evidence relied on and the reasons for finding the violation. The board shall adopt, promulgate, amend and repeal administrative rules and regulations governing the procedures to be followed with respect to hearings, including rules and regulations for the administrative appeal of a decision made pursuant to this paragraph, provided such rules and regulations are consistent with the provisions of this section. c. Whenever it is found that a respondent knowingly and willfully failed to give the required notice, the board shall impose an assessment of up to the amount of the payment or obligation to pay and a civil penalty of up to $1,000 or ten percent of the payment or obligation to pay, whichever is greater. If a respondent fails to pay the assessment and civil penalty imposed, the assessment and civil penalty may be recovered from the respondent by an action brought by the Attorney General, upon the request of the board, in any court of competent jurisdiction. The board shall deposit the assessment in an escrow account pending the expiration of the three-year statute of limitations authorized by section 4 of this act to preserve such funds to satisfy a civil judgment in favor of a person who is a victim of a crime committed by the convicted person to whom such failure to give notice relates. The board shall pay the civil penalty to the State Treasurer who shall deposit the money in the State treasury. The board shall then notify any crime victim or crime victims, who may have a claim against the convicted person, of the existence of such moneys. Such notice shall instruct such person or persons that they may have a right to commence a civil action against the convicted person, as well as any other information deemed necessary by the board. Upon a crime victim's presentation to the board of a civil judgment for damages incurred as a result of the crime, the board shall satisfy up to 100 percent of that judgment, including costs and disbursements as taxed by the clerk of the court, with the escrowed fund, but in no event shall the amount of all judgments, costs and disbursements satisfied from such escrowed funds exceed the amount in escrow. If more than one such crime victim indicates to the board that they intend to commence or have commenced a civil action against the convicted person, the board shall delay satisfying any judgment, costs and disbursements until the claims of all such crime victims are reduced to judgment. If the aggregate of all judgments, costs and disbursement obtained exceeds the amount of escrowed funds, the amount used to partially satisfy each judgment shall be reduced to a pro rata share. After expiration of the three-year statute of limitations period established in section 4 of this act, the board shall review all judgments that have been satisfied from such escrowed funds. In the event no claim was filed or judgment obtained prior to the expiration of the three-year statute of limitations, the board shall return the escrowed amount to the respondent. In the event a claim or claims are pending at the expiration of the statute of limitations, such funds shall remain escrowed until the final determination of all such claims to allow the board to satisfy any judgment which may be obtained by the crime victim. Upon the final determination of all such claims and the satisfaction of up to 100 percent of such claims by the board, the board shall be authorized to impose an additional civil penalty of up to $1,000 or ten percent of the payment or obligation to pay, whichever is greater. Prior to imposing any such penalty, the board shall serve a notice upon the respondent by personal service or by registered or certified mail of the intent of the board to impose such penalty 30 days after the date of the notice and of the opportunity to submit documentation concerning the board`s determination. After imposing and deducting any such additional civil penalty, the board shall distribute 50 percent of the remaining escrowed funds to the State Treasurer, who shall deposit the money in the General Fund for general State purposes. The other 50 percent of the remaining escrowed funds shall be distributed to the board and may be used for purposes the board deems appropriate, including, but not limited to, awarding scholarships pursuant to P.L.2000, c.163 (C.18A:71B-53 et seq.), the Tony Pompelio Commemorative Scholarship Fund Act. d. Notwithstanding any other provision of law to the contrary, an alleged failure by a convicted person to give notice under this act may not result in proceedings for an alleged violation of the conditions of probation, conditional release or post release supervision unless: one or more claims were made by a crime victim against the convicted person pursuant to this section, and the crime victims board imposes an assessment or penalty upon the convicted person pursuant to this section, and the convicted person fails to pay the total amount of the assessment or penalty within sixty days of the imposition of such assessment or penalty. e. Records maintained by the board and proceedings by the board or a board member based thereon regarding a claim submitted by a victim or a claimant shall be deemed confidential. L.2003,c.190,s.8.

N.J. Stat. § 52:4B-69 Cause of action by crime victim for enhanced value of memorabilia gained from crime

9. a. A crime victim shall have a cause of action against any person who offers for sale or purports to offer for sale, any memorabilia or other property or item of the defendant, the value of which is enhanced by the notoriety gained from the commission of the crime. b. Upon proof, by a preponderance of the evidence, of a person's violation of this section and of resulting damages, the person shall be liable as follows: (1) To the person or persons injured, for an award in the amount of damages incurred as a result of the sale or purported sale of the defendant's property, including damages for any emotional distress suffered as a result of the sale, such punitive damages as may be assessed, and any reasonable attorney's fees and costs of suit incurred; and (2) Such injunctive relief as the court may deem necessary to avoid the defendant's continued violation. L.2003,c.190,s.9.

N.J. Stat. § 52:4B-70 Severability

10. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. L.2003,c.190,s.10.

N.J. Stat. § 52:4B-71 Automatic notification system relative to offender release, relocation.

1. 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 and witnesses and, as determined by the prosecuting agency, other appropriate persons, 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. If a person who has registered pursuant to this section cannot be contacted through the automatic notification system, notification of the offender's change of custody shall be made to the appropriate investigating agency or county correctional facility and such agency or facility shall use reasonable efforts to notify the person. d. The Attorney General shall issue a directive to effectuate the purposes of P.L.2013, c.270 (C.52:4B-71 et al.). L.2013, c.270, s.1.

N.J. Stat. § 52:4B-72 Establishment of family justice centers.

1. a. (1) A county or a non-governmental, community-based agency, in partnership with the county and municipal governments therein, may provide multi-agency governmental and non-governmental assistance, including but not limited to legal, law enforcement, social services, and health care assistance, to any victim of domestic violence as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), sexual assault as defined in N.J.S.2C:14-2, human trafficking as defined in section 1 of P.L.2005, c.77 (C.2C:13-8), or criminal abandonment or neglect of an elderly person or disabled adult as defined in section 1 of P.L.1989, c.23 (C.2C:24-8), as well as assistance to the victim's family members, by establishing a centralized location, to be referred to as a family justice center, through which the victim and family members can request and access all available multi-agency assistance, and this assistance can be efficiently coordinated. (2) A county or non-governmental, community-based agency may establish more than one family justice center, so long as the same forms of multi-agency governmental and non-governmental assistance are available at each center. If multiple centers are established in a county, they shall coordinate and collaborate with one another with respect to the provision of services. b. The family justice center shall operate under a director, who shall have, by education, training, or experience, an expertise in victim advocacy, and who may be an existing county official or employee, or a designated professional from a community-based agency. The family justice center shall be additionally staffed by a privacy officer designated by the director, who may be an existing county official or employee, or a professional from a community-based agency, and who is responsible for overseeing the center's privacy policies and procedures, as described in section 4 of this act, concerning the maintenance of confidential records on victims and their family members, and the limited sharing of information from those records and other sources, when consented to by the victim, amongst the providers of assistance at the center, as well as third-party service providers. The county or community-based agency may also provide for any additional administrative and other personnel which it deems necessary for the proper operation of the center. c. In cooperation with the Judiciary, municipalities, and non-governmental entities, the multi-agency assistance available at a county's or community-based agency's family justice center may be provided by, but is not limited to, the following professionals or volunteers: (1) law enforcement officers; (2) county or municipal prosecutors; (3) representatives from the Judiciary's Domestic Violence Hearing Officer Program; (4) the county's victim-witness coordinator, defined in section 7 of P.L.1985, c.404 (C.52:4B-45), or a designated representative thereof, or the director or designated representative of a designated county-wide domestic violence agency as defined in subsection c. of section 3 of P.L.2013, c.82 (C.34:11C-3) or rape crisis center as defined in section 1 of P.L.1981, c.256 (C.52:4B-22); (5) health care professionals, which could include a certified forensic sexual assault nurse examiner who is certified pursuant to the provisions of section 5 of P.L.2001, c.81 (C.52:4B-53); (6) victim counselors as defined in subsection e. of section 3 of P.L.1987, c.169 (C.2A:84A-22.14), certified domestic violence specialists as defined in subsection c. of section 3 of P.L.2013, c.82 (C.34:11C-3), rape care advocates as defined in section 4 of P.L.2001, c.81 (C.52:4B-52), or representatives of providers of services to victims of human trafficking that have been designated as victim service providers by the Director of the State's Office of Victim-Witness Advocacy pursuant to section 6 of P.L.1985, c.404 (C.52:4B-44); (7) staff from the county's child advocacy center as defined in section 6 of P.L.1998, c.19 (C.9:6-8.104), or members of the county's multidisciplinary team, established pursuant to that same section, which investigates child abuse and neglect and provides victim services to abused children and their families; (8) domestic violence shelter staff from shelters which meet all of the standards for operating and service delivery required by the "Shelters for Victims of Domestic Violence Act," P.L.1979, c.337 (C.30:14-1 et seq.); (9) staff from local governmental or non-governmental, community-based social and human services agencies, including child care services; (10) staff from the county health department established pursuant to section 6 of P.L.1975, c.329 (C.26:3A2-6), or municipal local health agencies or municipalities' contracting health agencies as described in section 10 of P.L.1975, c.329 (C.26:3A2-10); (11) staff from the county welfare board, or local assistance boards, municipal advisory committees, or resident helpers involved with services and relief for the poor, as established or appointed pursuant to Title 44 of the Revised Statutes; and (12) attorneys from Legal Services of New Jersey or its affiliates, or other legal service providers which provide legal assistance in civil matters to the poor. d. The director of the family justice center shall develop, approve, and provide for a training program, or in the alternative approve the use of a training program offered by a federal, State, or local governmental entity or recognized non-profit organization, for all professionals and volunteers providing assistance at the family justice center, which consists of eight or more hours of instruction annually, covering topics that include, but are not limited to, victims' rights, victim advocacy, risk assessments for victims and their family members and the appropriate case response thereto, and confidentiality issues associated with the treatment and protection of victims and their family members. L.2019, c.394, s.1.

N.J. Stat. § 52:4B-73 Availability of services.

2. a. The availability of services at a family justice center shall not be made conditional on the basis of a victim's or family member's willingness to cooperate with law enforcement authorities or participate in the criminal justice system, and services shall not be denied if a victim or family member does not cooperate with law enforcement authorities or participate in the criminal justice system. b. (1) The availability of services at a family justice center shall not be made conditional on the basis of a victim or family member consenting to a criminal history record background check, and a criminal history background check shall not be conducted on a victim or family member without that person's written consent, unless the background check is being done in the course of a criminal investigation. (2) Services at a family justice center shall not be denied solely on the basis of any victim's or family member's criminal history, or citizenship or immigration status. L.2019, c.394, s.2.

N.J. Stat. § 52:4B-74 Consultation, development of policies and procedures.

3. a. The director of a family justice center shall consult, and develop policies and procedures in collaboration with non-governmental organizations involved in victim advocacy and services, as well as former victims of domestic violence as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), sexual assault as defined in N.J.S.2C:14-2, human trafficking as defined in section 1 of P.L.2005, c.77 (C.2C:13-8), and criminal abandonment or neglect of an elderly person or disabled adult as defined in section 1 of P.L.1989, c.23 (C.2C:24-8), concerning the family justice center's intake process for victims and family members, the forms of multi-agency assistance available at the center and the coordination thereof, and victim safety, and may consult and develop policies and procedures in collaboration with the organizations and former victims on any other aspect of the center's operations. The director shall also provide a procedure for the receipt, on an ongoing basis, of additional input and evaluations of family justice center operations by those non-governmental organizations and former victims with whom the director consults pursuant to this subsection. b. The director of a family justice center shall provide a procedure for the receipt, on an ongoing basis, of input and evaluations by all victims and their family members who request and access assistance through the center regarding the center's operations, particularly concerning issues with the provision or coordination of services, and the conduct of the providers of assistance at the center and the center's own personnel. L.2019, c.394, s.3.

N.J. Stat. § 52:4B-75 Compliance with privacy laws.

4. a. A family justice center shall develop and maintain, under the immediate supervision of the center's privacy officer designated by the director pursuant to subsection b. of section 1 of this act, policies and procedures which comply with all applicable federal and State privacy laws pertaining to the confidentiality of records to be maintained on victims and their family members who request and access assistance through the center. b. All of the providers of assistance at a family justice center shall comply with the applicable laws on confidentiality and privileged communications concerning their respective professions. Nothing in this section shall be deemed to abrogate or modify any existing handling of confidential records or information, or privileged communications, as set forth and recognized under State or federal constitutional, statutory, or common law, or court rule, including any legal obligation by a provider of assistance to report or disclose to other parties specific information or incidents when the disclosure is mandated under State or federal law or required by court order. c. (1) A family justice center shall develop and maintain, under the immediate supervision of the center's privacy officer, a procedure to seek and obtain an informed, voluntary, written consent from each victim at the time the victim initially requests to access assistance through the center, which consent shall be reasonably time limited and intended to only permit the collection and subsequent sharing of the victim's and family members' confidential records and information, and the content of otherwise privileged communications, amongst some or all of the center's personnel, some or all of the providers of assistance at the center, and third-party service providers not providing assistance at the center, as agreed to by the victim. A victim shall not be required to provide written consent to the family justice center for the victim or any family member to access services at the center. (2) (a) At the time of seeking the victim's written consent for the collection and limited sharing of confidential and privileged records, information, and communications, the victim shall also be informed that the limitations of any written consent, if given, shall not prevent the sharing of any records, information, and communications offered by the victim or victim's family members when, as described in subsection b. of this section, there is a mandatory, lawful duty to report to law enforcement officers, prosecutors, or other governmental officers or officials based upon any specific information that is provided by the victim or a family member, the type of incident involved, or if the victim or a family member is a danger to himself, herself, or others, or disclosure is required by a court order. The family justice center shall obtain and maintain on file a written acknowledgment from the victim that the victim is aware that any mandatory, lawful duty to report or to disclose pursuant to court order shall apply regardless of the provisions set forth in any written consent for limited sharing, if provided by the victim. (b) Except for a mandatory, lawful duty to report or to disclose pursuant to court order as set forth in subsection b. of this section, and the authorized sharing of information concerning a family justice center's operations and utilization by victims and their family members pursuant to section 5 of this act, the family justice center's personnel and the providers of assistance at the center shall not share any confidential or privileged records, information, and communications in any manner, and with any other parties, other than as consented to in the victim's written consent and consistent with the applicable laws on confidentiality and privileged communications concerning their respective professions. (3) The victim's written consent shall not be deemed to be a more general waiver of confidentiality or privileged communications beyond that which is consented to in the victim's written consent, and beyond that which is consistent with the applicable laws on confidentiality and privileged communications concerning the respective professionals amongst whom any records, information, and communications are shared. L.2019, c.394, s.4.

N.J. Stat. § 52:4B-76 Authorization to share certain information.

5. a. A family justice center is authorized to share information, as well as recommendations, concerning the center's operations and utilization by victims and their family members, which does not include any personal identifiers of those victims and family members, with Alliance for Hope International, the national, nonprofit organization that assists with the development and operation of new and existing family justice centers and serves as a national membership organization for all centers, when requested by that organization. The information which may be shared includes, but is not limited to: (1) the number of victims who received assistance, the number of children and other family members of victims who received assistance, and the number of victims, children, and other family members who received assistance multiple times; (2) the reasons that victims and their family members requested assistance; (3) the filing, conviction, and dismissal rates for criminal, and disorderly persons and petty disorderly persons cases handled at the center; (4) subjective and objective measurements of the impacts of centrally located multi-agency services related to the safety, empowerment, and mental and emotional well-being of victims and their family members, and comparison data from victims and family members, if available, on their access to services outside the family justice center model; and (5) barriers, if any, to receiving available services at a family justice center, including actual or perceived barriers based on immigration status, criminal history, substance use disorder or mental health issues, or privacy concerns, and potential means to mitigate any identified barriers to accessing services and for improving the utilization rate of services. b. Alliance for HOPE International may file a report, utilizing any information collected pursuant to subsection a. of this section, with the Governor, the Division on Women in the Department of Children and Families, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, annually or upon request by the Attorney General. The report may include recommendations for expanding or improving the Statewide operation of family justice centers, as well as suggested executive or legislative action, if necessary, to accomplish any recommendations. L.2019, c.394, s.5; amended 2023, c.177, s.137.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026