New Jersey statute
N.J.S.A. 2C:25-32.5 — Informed consent definition; termination of victim participation
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 25, New Jersey Statutes.
Full text of N.J.S.A. 2C:25-32.5
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
5. a. As used in P.L.2025, c.291 (C.2C:25-32.1 et al.), "informed consent" means that prior to consenting to a defendant�s participation in the electronic monitoring program established pursuant to P.L.2025, c.291 (C.2C:25-32.1 et al.), the prosecutor�s office has provided the victim the following information:
(1) The victim's right to refuse to participate in electronic monitoring and the process for requesting the court to terminate the victim's participation after it has been ordered, including the requirement for a resentencing hearing for the defendant when the victim terminates participation, as set forth in subsection b. of this section;
(2) The manner in which the electronic monitoring technology functions and the risks and limitations of that technology, the operational procedures of the device and the applicable instructions regarding the device, and the extent to which the system will track and record the victim's location and movements;
(3) The boundaries imposed on the defendant during the electronic monitoring;
(4) The sanctions that the court may impose on the defendant for violating an order issued by the court;
(5) The procedure that the victim is to follow if the defendant violates an order or if electronic monitoring equipment fails;
(6) Identification of support services available to assist the victim in developing a safety plan to use if the defendant violates an order or if electronic monitoring equipment fails;
(7) Identification of community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other help in addressing the consequences and effects of domestic violence; and
(8) The non-confidential nature of the victim's communications with the court concerning electronic monitoring and the restrictions to be imposed upon the defendant's movements.
b. If the victim requests that the court terminate the victim�s participation, through application by the prosecutor to the court, in the electronic monitoring program after the program has been ordered, the court shall hold a hearing to resentence the defendant. Electronic monitoring with victim notification shall continue until the court issues a resentencing decision.
L.2025, c.291, s.5.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.