TRENTON, NJ — The New Jersey Assembly Regulated Professions Committee has adopted an Assembly Committee Substitute for Assembly Bill No. 375, establishing a three-year pilot program that would implement electronic monitoring of certain criminal defendants in Middlesex, Monmouth, and Union counties.
The initiative targets defendants charged with or convicted of serious offenses, including sexual assault, aggravated sexual assault, human trafficking, kidnapping, domestic violence crimes, or violations of domestic violence restraining orders. The program requires the informed consent of the victim before a monitoring order is issued.
Monitoring based on court hearing and risk assessment
Under the pilot program, courts will conduct hearings to assess whether a defendant poses a danger to a victim and whether electronic monitoring could deter future harm. Judges will consider various factors, such as the severity of the crime and any prior history of domestic violence. These determinations will be guided by a standardized risk assessment instrument approved by the Administrative Director of the Courts.
All defendants placed under monitoring would also be required to undergo court-ordered counseling.
New provisions added to domestic violence law and equipment standards
The bill also amends state domestic violence statutes to include human trafficking as a predicate offense. Any electronic monitoring equipment used must meet the “Offender Tracking Systems NIJ Standard 1004.00” issued by the National Institute of Justice. The devices must operate continuously and provide alerts when a defendant enters specified proximity zones around the victim.
The system would be managed by a contractor operating under a state agreement, and both the defendant and victim would receive notifications of monitored movements. Victims must be fully briefed before consenting to participation, including being informed about technological limitations, privacy implications, and available support services.
Defendant fees and civil penalties support monitoring fund
Defendants placed under electronic monitoring will be required to pay a $250 initial monitoring fee and $50 per day for ongoing monitoring. Courts may waive or reduce fees in cases of financial hardship. Additionally, civil penalties of $200 to $250 will be imposed depending on the type of conviction, unless the individual is already paying monitoring fees.
All collected fees and penalties will be deposited into the newly created “Electronic Monitoring and Crime Victim Notification Fund,” a non-lapsing fund managed by the Attorney General. An additional $3 million is allocated to the existing Domestic Violence Victims’ Fund, bringing total appropriations for the program to $15 million.
Tampering with device criminalized and reporting protocols outlined
Tampering with, removing, or vandalizing an electronic monitoring device would be classified as a third-degree crime, carrying a penalty of three to five years in prison and up to $15,000 in fines.
The Attorney General, working with the Administrative Office of the Courts, is tasked with developing 24-hour procedures to detect and report any violations of the monitoring conditions. Law enforcement would be required to investigate all noncompliance cases promptly.
Evaluation and expiration of program
The pilot program is set to expire three years after implementation. The Attorney General, in coordination with relevant state entities, will submit reports to the Legislature one year after the program begins and again within six months of its conclusion. The reports will assess the program’s impact and recommend whether it should be continued or expanded.
