Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:4B-56 Sexual assault unit, Department of Law and Public Safety. 8. The Attorney General shall establish a sexual assault unit within the Division of Criminal Justice in the Department of Law and Public Safety which shall include a sexual assault investigator and a certified fo…

52:4B-57 Immunity from liability for authorized forensic sexual assault examinations. 9. a. A designated certified forensic sexual assault nurse examiner and a designated licensed physician shall be immune from civil and criminal liability in the performance of the nurse examiner…

52:4B-58 Continuation of existing program. 10. Notwithstanding the provisions of this act to the contrary, a county forensic sexual assault nurse examiner program in existence on the effective date of this act may continue to operate in accordance with the standard protocols for …

52:4B-59 "Statewide Sexual Assault Nurse Examiner Program Fund." 12. There is hereby established the "Statewide Sexual Assault Nurse Examiner Program Fund" as a nonlapsing, revolving fund. This fund shall be administered by the Attorney General, and all moneys deposited therein p…

52:4B-6 Principal office; place to conduct affairs. 6. The principal office of the Victims of Crime Compensation Office shall be in Newark, New Jersey, but the office may sit and conduct its affairs in any place. L.1971, c.317, s.6; amended 2007, c.95, s.7; 2019, c.380, s.2.

52:4B-60 Rules, regulations, guidelines. 17. The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. The Attorney General shall also establish guidelines …

52:4B-60.1 Short title. 1. This act shall be known and may be cited as the "Sexual Assault Victim's Bill of Rights." L.2019, c.103, s.1.

52:4B-60.10 Office of Trial and Criminal Justice Process, responsibilities, duties. 7. The Attorney General shall establish an Office of Trial and Criminal Justice Process in the Division of Violence Intervention and Victim Assistance in the Department of Law and Public Safety un…

52:4B-60.11 Rules, regulations. 8. The Executive Director of the Division of Violence Intervention and Victim Assistance shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to implement the provisions of…

52:4B-60.2 Findings, declarations relative to the rights of victims of sexual violence. 2. The Legislature finds and declares that: a. The enactment of the "Crime Victim's Bill of Rights," P.L.1985, c.249 (C.52:4B-34 et seq.) and the "New Jersey Campus Sexual Assault Victim's Bil…

52:4B-60.2a Sexual assault victim, right to be informed, certain details. 2. a. A victim of a sexual assault offense shall have the right to be informed: (1) of whether a DNA profile of an assailant was obtained from the processing of forensic medical evidence in a sexual assault…

52:4B-60.3 Publication of notice of rights on Internet website, posting at certain locations. 3. The Attorney General, in consultation with the New Jersey Coalition Against Sexual Assault, shall publish a notice of the rights enumerated in the "Sexual Assault Victim's Bill of Rig…

52:4B-60.4 Division of Violence Intervention and Victim Assistance established, Department of Law and Public Safety. 1. There is hereby established in the Department of Law and Public Safety the Division of Violence Intervention and Victim Assistance. The division shall be under …

52:4B-60.5 Division of Violence Intervention and Victim Assistance, work organized, Attorney General. 2. The Attorney General shall organize the work of the division in bureaus and other organizational units as the Attorney General may determine to be necessary for efficient and …

52:4B-60.6 Division of Violence Intervention and Victim Assistance, services. 3. a. The Division of Violence Intervention and Victim Assistance shall oversee and coordinate in the Department of Law and Public Safety all matters related to violence intervention and prevention and …

52:4B-60.7 Victims of Crime Compensation Office, functions, powers, duties transferred employees, certain, unclassified, Civil Service. 4. a. All the functions, powers, and duties of the Victims of Crime Compensation Office in the Department of Law and Public Safety, originally e…

52:4B-60.8 Office of Violence Intervention and Prevention, responsibilities, duties. 5. a. The Attorney General shall establish an Office of Violence Intervention and Prevention in the Division of Violence Intervention and Victim Assistance in the Department of Law and Public Saf…

52:4B-60.9 Office of Victim Support and Assistance, responsibilities, duties. 6. a. The Attorney General shall establish an Office of Victim Support and Assistance in the Division of Violence Intervention and Victim Assistance in the Department of Law and Public Safety under the …

52:4B-61. Findings, declarations relative to profits related to crime 1. a. The Legislature finds: (1) The State of New Jersey has a compelling interest in preventing any person who is convicted of a crime from directly or indirectly profiting from the crime or circumstances surr…

52:4B-62. Definitions relative to profits related to crime 2. For the purposes of this act: a. "Crime" means: (1) any crime as defined under the laws of this State; or (2) any offense in any jurisdiction which includes all of the essential elements of any crime as defined under t…

52:4B-63. Requirement for written notice of payment to board 3. a. Every person, firm, corporation, partnership, association or other legal entity, or representative of such person, firm, corporation, partnership, association or entity, which knowingly contracts for, pays, or agr…

52:4B-64. Crime victim right to bring civil action for damages; statute of limitations 4. Notwithstanding any other law to the contrary, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convi…

52:4B-65. Notice of filing of action to board 5. Upon filing an action pursuant to section 4 of this act, the crime victim shall give notice to the board of the filing by delivering a copy of the summons and complaint to the board. The crime victim may also give such notice to th…

52:4B-66. Actions of board upon receipt of notice from crime victim 6. Upon receipt of a copy of a summons and complaint, or upon receipt of notice from the crime victim prior to filing the action as provided in section 5 of this act, the board shall immediately take such actions…

52:4B-67. Provisional remedies available to board, plaintiff 7. The board, acting on behalf of the plaintiff and all other victims, shall have the right to apply for any and all provisional remedies that are also otherwise available to the plaintiff. a. The provisional remedies o…

52:4B-68. Failure to give notice of payment; notice of hearing, proceedings; findings, penalties 8. a. Whenever it appears that a person or entity has knowingly and willfully failed to give notice in violation of subsection a. of section 3 of this act, the board shall be authoriz…

52:4B-69. Cause of action by crime victim for enhanced value of memorabilia gained from crime 9. a. A crime victim shall have a cause of action against any person who offers for sale or purports to offer for sale, any memorabilia or other property or item of the defendant, the va…

52:4B-7 Hearings by review board. 7. Hearings on appeals from decisions of the Victims of Crime Compensation Agency involving issues of victim compensation shall be conducted by the Victims of Crime Compensation Review Board in the following manner: a. Upon an application made to…

52:4B-70. Severability 10. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or applicatio…

52:4B-71 Automatic notification system relative to offender release, relocation. 1. a. The Attorney General shall maintain, or arrange for the State to participate in, an automatic notification system to alert crime victims, witnesses, and other appropriate persons when an offend…

52:4B-72 Establishment of family justice centers. 1. a. (1) A county or a non-governmental, community-based agency, in partnership with the county and municipal governments therein, may provide multi-agency governmental and non-governmental assistance, including but not limited t…

52:4B-73 Availability of services. 2. a. The availability of services at a family justice center shall not be made conditional on the basis of a victim's or family member's willingness to cooperate with law enforcement authorities or participate in the criminal justice system, an…

52:4B-74 Consultation, development of policies and procedures. 3. a. The director of a family justice center shall consult, and develop policies and procedures in collaboration with non-governmental organizations involved in victim advocacy and services, as well as former victims…

52:4B-75 Compliance with privacy laws. 4. a. A family justice center shall develop and maintain, under the immediate supervision of the center's privacy officer designated by the director pursuant to subsection b. of section 1 of this act, policies and procedures which comply wit…

52:4B-76 Authorization to share certain information. 5. a. A family justice center is authorized to share information, as well as recommendations, concerning the center's operations and utilization by victims and their family members, which does not include any personal identifie…

52:4B-8 Attorney fees and costs. 8. a. (1) The Victims of Crime Compensation Office may, as a part of any order entered under P.L.1971, c.317 (C.52:4B-1 et seq.), determine and allow reasonable attorney fees and costs, which shall not exceed 15 percent of the amount awarded as co…

52:4B-8.1 Development of an informational tracking system. 19. a. The Victims of Crime Compensation Agency, after consultation with the Attorney General, the Department of Corrections, and the Administrative Office of the Courts, on behalf of the county probation divisions and th…

52:4B-9 Rules and regulations; determination of compensation. 9. In the performance of its functions, the agency is authorized to make rules and regulations prescribing the procedures to be followed in the filing of applications and the proceedings under P.L.1971, c.317, and such…

52:4C-1 Findings, declarations relative to persons mistakenly imprisoned. 1. The Legislature finds and declares that innocent persons who have been convicted of crimes and subsequently imprisoned have been frustrated in seeking legal redress and that such persons should have an a…

52:4C-2 Suit for damages. 2. a. Notwithstanding the provisions of any other law, any person convicted and subsequently imprisoned for one or more crimes which he did not commit may, under the conditions hereinafter provided, bring a suit for damages in Superior Court against the …

52:4C-3 Evidence claimant must establish. 3. The person (hereinafter titled, "the claimant") shall establish the following by clear and convincing evidence: a. That he was convicted of a crime and subsequently sentenced to a term of imprisonment, served all or any part of his sen…

52:4C-4 Time to bring suit. 4. The suit, accompanied by a statement of the facts concerning the claim for damages, verified in the manner provided for the verification of complaints in civil actions, shall be brought by the claimant within a period of two years after his release …

52:4C-5 Damages, attorney fees. 5. a. (1) Damages awarded under this act shall not exceed the greater of: (a) twice the amount of the claimant's income in the year prior to his incarceration; or (b) $50,000 for each year of incarceration. (2) In the event that damages exceed $1 m…

52:4C-6 Noneligibility. 6. a. A person serving a term of imprisonment for a crime other than a crime of which the person was mistakenly convicted shall not be eligible to file a claim for damages pursuant to the provisions of this act. b. A person shall not be eligible to file a …

52:4C-7 Applicability of act. 6. The provisions of this amendatory and supplementary act (P.L.2013, c.171) shall apply to any claimant released from imprisonment or granted a pardon on or after the effective date of this act. L.2013, c.171, s.6.

52:4D-1. Cigarette smoking, health, financial concerns to State; policy 1. a. Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serio…