Requires law enforcement to notify State Parole Board when parolee violates domestic violence restraining order.

A2240 TR

ASSEMBLY, No. 2240

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblywoman Haider, Assemblyman Auth, Assemblywomen
Murphy, Carter, Brennan, Assemblymen Kanitra, Freiman, Assemblywoman Flynn and
Assemblyman Wainstein

SYNOPSIS

���� Requires law enforcement to notify State Parole Board
when parolee violates domestic violence restraining order.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Judiciary Committee with
technical review.

��

An Act

concerning parolee violations of domestic
violence restraining orders, amending various parts of the statutory law, and
supplementing Title 2C of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 14 of P.L.1991,
c.261 (C.2C:25-30) is amended to read as follows:

���� 14. Except as provided below,
a violation by the defendant of an order issued pursuant to
[
this act
]

P.L.1991,
c.261 (C.2C:25-17 et seq.)
shall constitute an offense under subsection b.
of N.J.S.2C:29-9 and each order shall
[
so
]
state
the
violation resulting in the offense
.� All contempt proceedings conducted
pursuant to N.J.S.2C:29-9 involving domestic violence orders, other than those
constituting indictable offenses, shall be heard by the Family Part of the
Chancery Division of the Superior Court.� All contempt proceedings brought
pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) shall be subject to any rules
or guidelines established by the Supreme Court to guarantee the prompt
disposition of criminal matters.

���� Additionally, and
notwithstanding the term of imprisonment provided in N.J.S.2C:43-8, any person
convicted of a second or subsequent nonindictable domestic violence contempt
offense shall serve a minimum term of not less than 30 days.� Orders entered
pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section
13 of
[
this
act
]

P.L.1991,
c.261 (C.2C:25-29)
shall be excluded from enforcement under subsection b.
of N.J.S.2C:29-9; however, violations of these orders may be enforced in a
civil or criminal action initiated by the plaintiff or by the court, on its own
motion, pursuant to applicable court rules.�

(cf: P.L.1994, c.94, s.6)

���� 2.��� Section 15 of P.L.1991,
c.261 (C.2C:25-31) is amended to read as follows:

���� 15.� Where a law enforcement
officer finds that there is probable cause that a defendant has committed
contempt of an order entered pursuant to the provisions of P.L.1981, c.426
(C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.), the defendant
shall be arrested and taken into custody by a law enforcement officer.� The law
enforcement officer shall follow these procedures:

���� The law enforcement officer
shall transport the defendant to the police station or such other place as the
law enforcement officer shall determine is proper.� The law enforcement officer
shall:

���� a.���� Conduct a search of the
domestic violence central registry and sign a complaint concerning the incident
which gave rise to the contempt charge;

���� b.��� Telephone or communicate
in person or by facsimile with the appropriate judge assigned pursuant to this
act and request bail be set on the contempt charge;

���� c.���� If the defendant is
unable to meet the bail set, take the necessary steps to insure that the
defendant shall be incarcerated at police headquarters or at the county jail;
and

���� d.��� During regular court
hours, the defendant shall have bail set by a Superior Court judge that day.�
On weekends, holidays and other times when the court is closed, the officer
shall arrange to have the clerk of the Family Part notified on the next working
day of the new complaint, the amount of bail, the defendant�s whereabouts and
all other necessary details.� In addition, if a municipal court judge set the
bail, the arresting officer shall notify the clerk of that municipal court of
this information.

����
e.���� If, through a search
of the domestic violence central registry conducted pursuant to subsection a.
of this section, or through other means, including but not limited to a search
of information available from the State Parole Board, the law enforcement
officer determines or has reason to believe that a defendant charged with a
violation is currently serving a sentence of parole supervision, the county
prosecutor or law enforcement agency shall immediately notify the Chairman of
the State Parole Board that the contempt charge is pending against the defendant.

(cf: P.L.1999, c.421, s.5)

���� 3.��� Section 1 of P.L.1999,
c.421 (C.2C:25-34) is amended to read as follows:

���� 1.��� The Administrative
Office of the Courts shall establish and maintain a central registry of all
persons who have had domestic violence restraining orders entered against them,
all persons who have been charged with a crime or offense involving domestic violence,
and all persons who have been charged with a violation of a court order
involving domestic violence. �
The central registry shall, pursuant to
section 6 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill), indicate whether a person in the registry is currently serving a
sentence of parole supervision.
� All records made pursuant to this section
shall be kept confidential and shall be released only to:

���� a.���� A public agency
authorized to investigate a report of domestic violence;

���� b.��� A
county prosecutor,
or
police or other law enforcement agency investigating a report of
domestic violence
, including determining whether a person charged with
violating a temporary or final restraining order is currently serving a
sentence of parole supervision
, or conducting a background investigation
involving a person�s application for a firearm permit or employment as a police
or law enforcement officer
,
or for any other purpose authorized by law
or the Supreme Court of the State of New Jersey;

���� c.���� A court, upon its
finding that access to such records may be necessary for determination of an
issue before the court;

���� d.��� A surrogate, in that
person�s official capacity as deputy clerk of the Superior Court, in order to
prepare documents that may be necessary for a court to determine an issue in an
adoption proceeding;
[
or
]

���� e.���� The Division of Child
Protection and Permanency in the Department of Children and Families when the
division is conducting a background investigation involving:

���� (1)�� an allegation of child
abuse or neglect, to include any adult member of the same household as the
individual who is the subject of the abuse or neglect allegation; or

���� (2)�� an out-of-home placement
for a child being placed by the Division of Child Protection and Permanency, to
include any adult member of the prospective placement household
; or

����
f.���� The State Parole
Board for the purpose of determining whether a parolee is the subject of a domestic
violence restraining order, or has been charged with a violation of a court
order involving domestic violence
.

���� Any individual, agency,
surrogate, or court which receives from the Administrative Office of the Courts
the records referred to in this section shall keep the records and reports, or
parts thereof, confidential and shall not disseminate or disclose such records
and reports, or parts thereof; provided that nothing in this section shall
prohibit a receiving individual, agency, surrogate or court from disclosing
records and reports, or parts thereof, in a manner consistent with and in
furtherance of the purpose for which the records and reports or parts thereof
were received.

���� Any individual who
disseminates or discloses a record or report, or parts thereof, of the central
registry, for a purpose other than investigating a report of domestic violence,
conducting a background investigation involving a person�s application for a
firearm permit or employment as a police or law enforcement officer, making a
determination of an issue before the court, conducting a background
investigation as specified in subsection e. of this section, or for any other
purpose other than that which is authorized by law or the Supreme Court of the
State of New Jersey, shall be guilty of a crime of the fourth degree.

(cf: P.L.2012, c.16, s.9)

���� 4.��� Section 10 of P.L.1979,
c.441 (C.30:4-123.54) is amended to read as follows:

���� 10.� a. �At least 120 days but
not more than 180 days prior to the parole eligibility date of each adult
inmate, a report concerning the inmate shall be filed with the appropriate
board panel, by the staff members designated by the superintendent or other
chief executive officer of the institution in which the inmate is held.

���� b. �(1) �The report filed
pursuant to subsection a. shall contain preincarceration records of the inmate,
including any history of civil commitment, any disposition which arose out of
any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition
of those charges and any acquittals by reason of insanity pursuant to
N.J.S.2C:4-1, state the conduct of the inmate during the current period of
confinement, include a complete report on the inmate's social and physical
condition, include an investigation by the Division of Parole of the inmate's
parole plans, and present information bearing upon the likelihood that the
inmate will commit a crime under the laws of this State if released on parole.�
The report shall also include a complete psychological evaluation of the inmate
in any case in which the inmate was convicted of a first or second degree crime
involving violence and:

���� (a)�� the inmate has a prior
acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges
suspended pursuant to N.J.S.2C:4-6; or

���� (b)�� the inmate has a prior
conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or
sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1,
endangering the welfare of a child which would constitute a crime of the second
degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of
the third degree pursuant to P.L.1992, c.209 (C.2C:12-10); or

���� (c)�� the inmate has a prior
diagnosis of psychosis.

���� The inmate shall disclose any
information concerning any history of civil commitment.

���� The preincarceration records
of the inmate contained in the report shall include any psychological reports
prepared in connection with any court proceedings.

���� (2)�� At the time of
sentencing, the prosecutor shall notify any victim injured as a result of a
crime of the first or second degree or the nearest relative of a murder victim
of the opportunity to present a written or videotaped statement for the parole
report to be considered at the parole hearing or to testify to the parole board
concerning his harm at the time of the parole hearing.� Each victim or relative
shall be responsible for notifying the board of his intention to submit such a
statement and to provide an appropriate mailing address.

���� The report may include a
written or videotaped statement concerning the continuing nature and extent of
any physical harm or psychological or emotional harm or trauma suffered by the
victim, the extent of any loss of earnings or ability to work suffered by the
victim and the continuing effect of the crime upon the victim's family.� At the
time public notice is given that an inmate is being considered for parole
pursuant to this section, the board shall also notify any victim or nearest
relative who has previously contacted the board of the availability to provide
a written or videotaped statement for inclusion in the parole report or to
present testimony at the parole hearing.

���� The board shall notify the
victim or relative at the victim's or relative's last known mailing address.

���� (3)�� If the inmate meets the
requirements for administrative parole release pursuant to section 4 of
P.L.2019, c.364 (C.30:4-123.55d) the report shall indicate this eligibility.

����
(4) If the inmate is the
subject of a temporary or final restraining order issued pursuant to the
"Prevention of Domestic Violence Act of 1991," P.L.1991, c.261
(C.2C:25-17 et seq.), the report shall reflect that the inmate is subject to
such an order.

���� c.���� A copy of the report
filed pursuant to subsection a. of this section, excepting those documents
which have been classified as confidential pursuant to rules and regulations of
the board or the Department of Corrections, shall be served on the inmate at the
time it is filed with the board panel.� The inmate may file with the board
panel a written statement regarding the report, but shall do so within 105 days
prior to the primary parole eligibility date.

���� d.��� Upon receipt of the
public notice pursuant to section 1 of P.L.1979, c.441 (C.30:4-123.45), a
county prosecutor, a public defender, or a private attorney of record may
request from the parole board a copy of the report on any adult inmate prepared
pursuant to subsection a. of this section, which shall be expeditiously
forwarded to the county prosecutor by the parole board by mail, courier, or
other means of delivery.� Upon receipt of the report, the prosecutor has 10
working days to review the report and notify the parole board of the
prosecutor's comments, if any, or notify the parole board of the prosecutor's
intent to provide comments.� If the county prosecutor does not provide comments
or notify the parole board of the prosecutor's intent to provide comments
within the 10 working days, the parole board may presume that the prosecutor
does not wish to provide comments and may proceed with the parole
consideration.� Any comments provided by a county prosecutor shall be delivered
to the parole board by the same method by which the county prosecutor received
the report.� The confidentiality of the contents in a report which are
classified as confidential shall be maintained and shall not be disclosed to
any person who is not authorized to receive or review a copy of the report
containing the confidential information.

���� e.���� Any provision of this
section to the contrary notwithstanding, the board shall by rule or regulation
modify the scope of the required reports and time periods for rendering such
reports with reference to county penal institutions.

���� f.���� Notwithstanding any
provision of this section, the board may modify the time periods for submitting
the reports required pursuant to this section in processing an inmate whose
parole eligibility date is accelerated pursuant to section 11 of P.L.1979, c.441
(C.30:4-123.55).

(cf: P.L.2019, c.364, s.9)

���� 5.��� (New section) a. (1)
Upon a determination by the State Parole Board that an inmate shall be released
on parole, the parole board shall conduct a search of the domestic violence
central registry, established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34),
to determine whether the inmate is the subject of a temporary or final
restraining order issued pursuant to the �Prevention of Domestic Violence Act
of 1991,� P.L.1991, c.261 (C.2C:25-17 et seq.).�

���� (2) Pursuant to section 6 of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill), if
the search reveals that the inmate is the subject of a temporary or final
restraining order, the parole board shall immediately notify the Administrative
Office of the Courts so that the person�s status as a parolee may be reflected
in the domestic violence central registry.� The parole board also shall notify
the Administrative Office of the Courts when the term of parole supervision has
terminated so that the registry may, pursuant to section 6 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill), be updated to
reflect that change.

���� b. (1) For all persons serving
a term of parole supervision as of the effective date of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill), whose term of
parole supervision commenced prior to the effective date of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill), the State Parole
Board shall conduct a search of the domestic violence central registry.�

���� (2) Pursuant to section 6 of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill), if
the search reveals that a parolee is the subject of a temporary or final
domestic violence restraining order, the parole board shall immediately notify
the Administrative Office of the Courts so that the person�s status as a
parolee may be reflected in the domestic violence central registry.� The parole
board also shall notify the Administrative Office of the Courts when the term
of parole supervision has terminated so that the registry may, pursuant to
section 6 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill), be updated to reflect that change.

���� c. If the State Parole Board
becomes aware that an inmate who is scheduled to be released on parole, or a
current parolee, is the subject of a temporary or final domestic violence
restraining order, the board may, pursuant to its authority under Title 30 of
the Revised Statutes, impose such conditions of parole as are appropriate to
conform to the terms of the restraining order.

���� 6. (New section) No later than
one year after the effective date of P.L.��� , c.���� (C.������� ) (pending
before the Legislature as this bill), the Administrative Office of the Courts,
in consultation with the State Parole Board, shall develop and implement an
appropriate data sharing system, consistent with section 1 of P.L.1999, c.421
(C.2C:25-34), for the exchange of domestic violence central registry and parole
information to effectuate the purposes of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill).

���� 7.��� This act shall take
effect on the first day of the second month next following the date of
enactment.