Victim Impact
In 1990 voters approved a constitutional
amendment requiring that victims of crimes be
treated with fairness and respect by the criminal
justice system. Pursuant to the amendment the
rights and remedies for crime victims are defined,
including the right of non-sequestered victims to
be present at public judicial proceedings. The laws
enacted defining victims’ rights include the
following:
Allowing crime victims to submit a written
statement about the impact of the crime to the
prosecutor's office prior to his or her final decision
to file charges. The legislation also gave victims
the right to make an in-person statement directly to
the sentencing court prior to sentencing. L. 1991,
c. 44; N.J.S.A. 52:4B-36.
Requiring restitution to crime victims, or in the
case of a homicide the nearest relative of the
victim, where the victim suffered a loss. L. 1991, c.
329; N.J.S.A. 2C:44-2.
Allowing victims of a crime, or a relative of a
murder victim, the right to present testimony, or
make a presentation, to the parole board when the
offender becomes eligible for parole. L. 1992,
c.59; N.J.S.A. 30:4-123.55.
Allowing victims of certain crimes to demand that
the offender be tested for AIDS. L. 1993, c. 364;
N.J.S.A. 2A:4A-43.1
Requiring community notification that an inmate
convicted or adjudicated delinquent, for a sex
offense is to be released from incarceration or is
going to relocate into a community. L. 1994,
c.128; N.J.S.A. 2C:7-19.
Requiring the AOC to give advance notice to
prosecutors, in certain cases regarding defendant's
appearance before a judicial officer. This
legislation then requires the prosecutor to give
notice to the victim. L. 1994, c. 131; N.J.S.A.
2A:12-14.
Requiring the prosecutor to provide notice to
victims of a defendant's escape or release from
custody via Intensive Supervision Program,
commutation or parole release. L. 1994,c.131;
N.J.S.A. 30:4-6.1.
Requiring the prosecutor to notify the victim
whenever a defendant charged with domestic
violence is released from custody. L. 1994.c. 137;
N.J.S.A. 2C:25-26.1
Requiring the court to: explain the parole laws as
they relate to the sentence being rendered; tell the
defendant the approximate term to be served in
custody before parole eligibility; tell the defendant
the jail credits or amount of time already served;
tell the defendant that he or she may be eligible for
good time and work credits or that he or she may
be eligible for the Intensive Supervision Program.
L. 1994,c.155; N.J.S.A. 2C:43-2(f). See also R,
3:21-4(j).
