{"data":{"id":"us-nj/n.j.-stat.-2c-25-32.2","jurisdiction":"us-nj","citation":"N.J. Stat. § 2C:25-32.2","heading":"Victim’s informed consent; factors considered by the court.","body":"2.\ta.  Pursuant to the pilot program established by P.L.2025, c.291 (C.2C:25-32.1 et al.), electronic monitoring may be ordered only with the victim’s informed consent as defined in section 5 of P.L.2025, c.291 (C.2C:25-32.5).  The pilot program shall apply to defendants convicted of contempt of a domestic violence order entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et al.) or P.L.1991, c.261 (C.2C:25-17 et al.).\nb.\tIn making the determination whether to place the defendant on electronic monitoring, the court may hold a hearing to consider the likelihood that the defendant's participation in electronic monitoring will deter the defendant from injuring the victim. The court shall consider the following factors:\n(1)\tthe gravity and seriousness of harm that the defendant inflicted on the victim in the commission of the act of domestic violence that resulted in the entry of a temporary or final restraining order or a contempt order pursuant to the “Prevention of Domestic Violence Act,” P.L.1981, c.426 (C.2C:25-1 et al.) or the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.);\n(2)\tthe defendant’s previous history of domestic violence, if any;\n(3)\tthe defendant’s history of other criminal acts, if any;\n(4)\twhether the defendant has access to a weapon;\n(5)\twhether the defendant has threatened suicide or homicide;\n(6)\twhether the defendant has a history of mental illness or has been civilly committed;\n(7)\twhether the defendant has a history of alcohol abuse or substance abuse;\n(8)\tthe best interests of any children of the parties; and\n(9)\tany other factors the court finds relevant to making such a determination.\nc.\tAny electronic monitoring device and tracking system worn or utilized by a defendant pursuant to P.L.2025, c.291 (C.2C:25-32.1 et al.) shall be in compliance with Offender Tracking Systems NIJ Standard 1004.00, issued by the National Institute of Justice in July 2016, and any successor standards adopted by the National Institute of Justice.\nd.\tA defendant ordered by the court to be placed on electronic monitoring may be ordered to pay the costs and expenses related to electronic monitoring and victim notification, or a portion of the costs and expenses, based on the defendant’s ability to pay.\ne.\tIn addition to the provisions of subsection d. of this section, a defendant ordered by the court to be placed on electronic monitoring shall be assessed a monitoring fee of $250. The court may waive the fee in cases of extreme financial hardship. The fee shall be collected pursuant to the procedures established by the Attorney General and forwarded to the “Domestic Violence Victim Notification Fund” established pursuant to section 7 of P.L.2025, c.291 (C.2C:25-32.7).\nf.\tThe Attorney General, in consultation with the State Parole Board, shall develop procedures to determine, investigate, and respond to a defendant’s noncompliance with the terms and conditions of the electronic monitoring program on a 24-hour-per-day basis. All reports of noncompliance shall be investigated by a law enforcement officer as expeditiously as possible.\ng.\tThe Attorney General, the Administrative Office of the Courts, the Superintendent of State Police, the State Parole Board, and county and municipal law enforcement agencies shall share information obtained pursuant to P.L.2025, c.291 (C.2C:25-32.1 et al.).\nL.2025, c.291, s.2.","path":["TITLE 2C THE NEW JERSEY CODE OF CRIMINAL JUSTICE"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"b87101789399fa48d2df3861858a28b917b884b4a720e14e79fd2254b8defee0","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-2c-25-32.1","next":"us-nj/n.j.-stat.-2c-25-32.3"},"notice":"GroundRules: Original legal text. Not legal advice."}