VCCO-The Law & Victim Rights

New Jersey Constitutional Amendment for Victims’ Rights (N.J. Const., art. I, para. 22)

A victim of a crime shall be treated with fairness, compassion and respect by the criminal justice system. A victim of a crime shall not be denied the right to be present at public judicial proceedings except when, prior to completing testimony as a witness, the victim is properly sequestered in accordance with law or the Rules Governing the Courts of the State of New Jersey. A victim of a crime shall be entitled to those rights and remedies as may be provided by the Legislature.

Rights of Crime Victims and Witnesses (N.J.S.A. § 52:4B-36)

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 (N.J.S.A. § 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.A. § 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.

Rights of the Survivors of Homicide Victims (N.J.S.A. § 52:4B-36.1)

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 (N.J.S.A. § 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.

Crime Victims are NOT Required to Pay Certain Costs (N.J.S.A. § 52:4B-36.2)

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 (N.J.S.A. § 47:1A-1.1) including, but not limited to, any law enforcement agency report, domestic violence offense report, and temporary or permanent restraining order.

Criminal Injuries Compensation Act 1971

2012 Administrative Code

2018 Administrative Code Changes
13:75-4.4(b) – increases the compensation amount for mental health counseling services to $20,000
13:75-4.7(d) – increases the compensation amount for relocation expenses to $3,000
13:75-4.8 – increases the compensation amount for allowable travel expenses to $3,000
13:75-4.9 – increases the compensation amount for funeral expenses to $7,500
13:75-4.10(b) – increases the compensation amount for allowable attorney fees to $3,000

Criminal Injuries Compensation Act 2020 Changes

Criminal Injuries Compensation Act 1971
(N.J.S 52:4 B-1 ET, SEQ.)

• 52:4B-1 Short Title
• 52:4B-2 Definitions
• 52:4B-3.2 Victims of Crime Compensation Agency; executive director; review board
• 52:4B-3.3 Violent Crimes Compensation Board abolished
• 52:4B-3.4 Victims of Crime Compensation Review Board, members, terms, no compensation
• 52:4B-5 Employment of experts, assistants and employees
• 52:4B-5.1 Access to criminal history records
• 52:4B-6 Principal office; place of conduct of affairs
• 52:4B-7 Hearings
• 52:4B-8 Attorney fees
• 52:4B-8.1 Uniform system for tracking and collection of assessments, fines, restitutions and penalties
• 52:4B-9 Rules and regulations; determination of compensation
• 52:4B-10 Persons entitled to compensation; order
• 52:4B-10.1 Emergency award
• 52:4B-10.2 Compensation for victims not suffering personal injury
• 52:4B-11 Causes of personal injury or death
• 52:4B-12 Losses or expenses reimbursable
• 52:4B-13 Panel of impartial medical experts
• 52:4B-18 Limitation of action; determination of board; ……….
• 52:4B-18.1 Increased compensation; applicability
• 52:4B-18.2 Supplemental awards for rehabilitative assistance to certain crime victims
• 52:4B-19 Amounts receivable from other sources; filing of order for compensation; authorization for payment
• 52:4B-20 Subrogation of board to cause of action of victim against person responsible for personal injury or death
• 52:4B-21 Severability
• 52:4B-22 Distribution of information
• 52:4B-23 Failure to give notice; immunity from liability; nonalteration of requirements
• 52:4B-24 Senior citizens public awareness program
• 52:4B-25 Victim counseling service
• 52:4B-25.1 Child and family counseling service
• 52:4B-26 Legislative findings and declarations
• 52:4B-27 Definitions
• 52:4B-28 Proceeds from contract regarding reenactment with person accused or convicted of crime; deposit in escrow account; civil action for damages.
• 52:4B-29 Notice to victim regarding escrowed funds
• 52:4B-30 Payment of money from escrow account; priorities; liens and judgments
• 52:4B-31 Limitation of action
• 52:4B-32 Proceeds of escrow account used for legal fees
• 52:4B-33 Actions to defeat purpose of act against public policy
• 52:4B-34 Short title
• 52:4B-35 Legislative findings and declarations
• 52:4B-36 Rights of crime victims and witnesses
• 52:4B-37 Victim defined
• 52:4B-38 Inapplicability of act to claims under Tort Claims Act
• 52:4B-39 Definitions
• 52:4B-40 Office of victim-witness assistance; establishment
• 52:4B-40.1 Director of the Office of Victim-Witness Assistance
• 52:4B-41 Victim-witness rights information program; establishment
• 52:4B-42 Purposes of victim-witness rights information program
• 52:4B-43 Office of victim-witness advocacy; establishment
• 52:4B-43.1 Victim and witness advocacy fund; services provided; organizations eligible for grants
• 52:4B-44 Standards to insure rights of crime victims
• 52:4B-45 County victim-witness coordinator
• 52:4B-46 Coordination of law enforcement agency efforts
• 52:4B-47 Training courses for law enforcement personnel
• 52:4B-48 Implementation of guidelines and training; assistance
• 52:4B-49 Reports
• 52:4B-50 Findings, declarations relative to Sexual Assault Nurse Examiner program
• 52:4B-51 Statewide Sexual Assault Nurse Examiner program
• 52:4B-52 Duties of program coordinator; “rape care advocate” defined
• 52:4B-53 Certification process for forensic sexual assault nurse examiners; qualifications
• 52:4B-54 Sexual Assault Response Team in each county
• 52:4B-55 Sexual Assault Nurse Examiner Program Coordinating Council
• 52:4B-56 Sexual assault unit within Department of Law and Public Safety
• 52:4B-57 Immunity from liability for authorized forensic sexual assault examinations
• 52:4B-58 Continuation of existing program
• 52:4B-59 Statewide Sexual Assault Nurse Examiner Program Fund
• 52:4B-60 Rules, regulations, guidelines
• 52:4B-61 Findings, declarations relative to profits related to crime
• 52:4B-62 Definitions relative to profits related to crime
• 52:4B-63 Requirement for written notice of payment to board
• 52:4B-64 Crime victim right to bring civil action for damages; statute of limitations
• 52:4B-65 Notice of filing of action to board
• 52:4B-66 Actions of board upon receipt of notice from crime victim
• 52:4B-67 Provisional remedies available to board, plaintiff
• 52:4B-68 Failure to give notice of payment; notice of hearing, proceedings; findings, penalties
• 52:4B-69 Cause of action by crime victim for enhanced value of memorabilia gained from crime
• 52:4B-70 Severability

Crime Victims Constitutional Amendment
(N.J. Constitution, article 1, section 22.)

A victim of a crime shall be treated with fairness, compassion and respect by the criminal justice system. A victim of a crime shall not be denied the right to be present at public judicial proceedings except when, prior to completing testimony as a witness, the victim is properly sequestered in accordance with law of the Rules Governing the Courts of the State of New Jersey. A victim of a crime shall be entitled to those rights and remedies as may be provided by the Legislature. For the purposes of this paragraph, “victim of a crime” means: a) a person who has suffered physical or psychological injury or has incurred loss or damage to personal or real property as a result of a crime or an incident involving another person operating a motor vehicle while under the influence of drugs or alcohol, and b) the spouse, parent, legal guardian, grandparent, child or sibling of the decedent in the case of a criminal homicide

A victim of a crime shall be treated with fairness, compassion and respect by the criminal justice system. A victim of a crime shall not be denied the right to be present at public judicial proceedings except when, prior to completing testimony as a witness, the victim is properly sequestered in accordance with law or the Rules Governing the Courts of the State of New Jersey. A victim of a crime shall be entitled to those rights and remedies as may be provided by the Legislature

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 (N.J.S.A. § 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.A. § 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.