Concerns "Sexual Violence Restorative Justice Pilot Program."

S1288 1R

[First Reprint]

SENATE, No. 1288

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator� NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

SYNOPSIS

���� Concerns "Sexual Violence Restorative Justice
Pilot Program."

CURRENT VERSION OF TEXT

���� As reported by the Senate Law and Public Safety
Committee on May 18, 2026, with amendments.

��

An Act
concerning the �
Sexual Violence
Restorative Justice Pilot Program�
and amending P.L.2021, c.60.

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

���� 1.�
Section 1 of P.L.2021, c.60
1
(C.�������
)
1

is amended to read as follows:

���� 1.��� a.� The Attorney General
shall establish a
1
[
three-year
]
1

�Sexual Violence Restorative Justice Pilot Program�
1
[
, or of any
other
]

for a
1

duration for which funding is available,
to implement a restorative
justice program for survivors of sexual violence.� The Attorney General shall
[
implement
]

utilize
the Division of Violence and Victim Assistance to design
this program
and
shall effectuate its implementation
by entering into an agreement
to
conduct the program
with an organization
[
to
design the program and provide technical assistance and an agreement with a
separate organization to conduct the program.� The Attorney General shall
select the organizations, who are to have
]
,
selected through the request for proposal process, that has demonstrated

expertise in trauma informed care and
which is
not
[
be
]
associated
with any law enforcement agency
[
,
through requests for proposals.� Both organizations shall be compensated
]
.

���� b.��� Through the direct
participation of survivors of sexual violence, including survivors who have
chosen not to report the act of sexual violence to law enforcement, the program
shall implement restorative justice practices which include, but are not limited
to, upholding the principles of survivor autonomy, restoring a sense of control
and independence to survivors, and emphasizing outcomes that are essential to
the survivor�s healing process.

���� A survivor of sexual assault
and a person accused of sexual assault shall not be required to participate in
the restorative justice program.� If a survivor of sexual assault chooses to
participate in the restorative justice program, the survivor may choose to no
longer participate at any time.

���� The pilot program shall
[
be established
in one northern, one central, and one southern county in this State, as
determined by the Attorney General
]

provide program services to

1
[
victims
]

survivors
1

located
throughout the State
.

���� c.���� The Attorney General,
in conjunction with the
[
organizations
]

organization

selected pursuant to subsection a. of this section, shall submit a report
evaluating the effectiveness of the pilot program to the Governor and, pursuant
to the provisions of section 2 of P.L.1991, c.164 (C.52:14-19.1), the
Legislature within 90 days of completion of the program.� The report shall
evaluate the pilot program and recommend whether the pilot program should be
continued, expanded, or made permanent.�

���� d.��� For the purposes of this
section, �restorative justice� means an approach to repairing the harm caused
by a crime through direct involvement of those affected, including the victim,
the victim�s family and friends, and the community, for the purpose of
fulfilling the victim�s expectations for justice while also holding accountable
the person who caused the harm, and which may be implemented through varying
form ats, such as sharing circles, victim impact panels, and facilitated
conferences.

����
e.� (1) Any written or oral
communication, submission, or action undertaken during or in preparation for a
sexual violence restorative justice program interaction or as a follow-up to that
interaction, or the fact that the interaction has been planned or convened
shall be confidential and privileged and shall not be accessible to the public
pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).� The communication, submission,
or action

shall not be referred to, used, or admitted in any civil,
criminal, family court, or administrative proceeding, unless the privilege is
waived during the proceeding or in writing by the party protected by the
privilege.

����
Privileged information
shall not be subject to discovery or disclosure in any judicial or
extrajudicial proceeding.

����
(2) �Any waiver of the
privilege pursuant to paragraph (1) of this subsection shall be limited to the
participation and communication of the party who waived the privilege.� The
participation or

communication of any other participant shall remain
privileged, unless waived by the other participant.

����
(3) �Evidence that is
otherwise admissible or subject to discovery shall not become inadmissible or
protected from discovery solely because it was discussed or used in a
restorative justice program

interaction.

����
(4) �
If,
in any civil, criminal, family court, or administrative proceeding, there is a
challenge to a claim that a sexual violence restorative justice program
interaction is privileged pursuant to paragraph (1) of this subsection, the judge
shall conduct a hearing in camera to determine whether the interaction is
privileged.

1
[
During the
hearing, the judge may consider information that would otherwise be privileged to
the extent that the information is probative of the issue
]

In
conducting the in camera review, the judge may review the communication or
information solely for the limited purpose of determining whether the privilege
established pursuant to paragraph (1) of this subsection applies
1
.

����
(5) �The privilege set
forth in paragraph (1) of this subsection shall not apply if:

����
(a) �disclosure is
necessary to prevent death, serious bodily injury, or the commission of a
crime;

����
(b) �disclosure is necessary
to comply with another law; or

����
(c) �a judicial,
quasi-judicial, or administrative body requires a report on a restorative
justice program interaction, however, the report shall be limited to the fact
that an interaction has taken place, an opinion regarding the success of the
interaction, and whether further restorative justice program interactions are
expected.

(cf: P.L.2021, c.60, s.1)

����
1
2.�
Section 2 of P.L.2021, c.60 is amended to read as follows:

���� 2.��� This act shall take
effect immediately
[
and
shall expire upon the filing of the report required pursuant to subsection c.
of section 1 of P.L.2021, c.60
]
.
1

(cf: P.L.2021, c.60, s.2)

����
1
[
2.
]

3.
1
���� This
act shall take effect immediately.