have inconveniences associated with attending the trial
minimized.
Other services that must be provided to the victim
under N.J.S.A. 52:4B-44 are: providing the victim with
information about the criminal justice process; notifying
the victim of any change in the status of the case and the
final disposition of the case; information regarding
available services for the victim; advance notification of
arraignment dates, terms of any plea agreements, and the
trial and sentencing of the accused. Further, the
prosecutor’s office is obligated to provide advance
notification that the victim’s presence is not needed in
court; notification regarding available assistance, and in
applying for services to aid in physical and emotional
recovery; a waiting area which is separate from the
defendant during court proceedings; an escort for
intimidated victims/witnesses for court appearances;
general information concerning the location of the courts
and parking facilities, services to meet the special needs of
the victim, and child care and transportation
arrangements for the victim. Services must also include
notification of a victim’s or witness’ employer if their
participation in the trial causes them to be absent from
work; notifying the victim of the final disposition of the
trial and sentencing; the right to have their property
returned expeditiously when the property is no longer
needed as evidence; assisting victims in submitting a
written impact statement to the prosecutor’s office before
the prosecutor accepts a negotiated plea agreement;
notifying the victim of defendant’s release from custody;
and providing interpretive services for victims or
witnesses who is hearing impaired or developmentally
disabled.
III. VICTIM IMPACT STATEMENTS
N.J.S.A. 52:4B-36m and N.J.S.A. 52:4B-44b(15)
provide for a victim to submit a written impact statement
to the prosecutor’s office which will be considered by the
prosecutor in determining if criminal charges will be
filed.
Additionally, N.J.S.A. 52:4B-44b(16) permits
victims of capital and non-capital crimes to submit an
impact statement which will be included with
presentence report or will be reviewed by the parole board
during the defendant’s parole hearing. (See also,
HOMICIDE, this Digest, discussing the Death
Penalty.)
Furthermore, N.J.S.A. 52:4B-36n and N.J.S.A. 4B-
44b(17) allow a victim of capital and non-capital crimes
to make an in-person impact statement directly to the
court prior to sentencing. The in-person statement is
permitted to be made even if the victim had already
submitted a statement that was included in the
presentence report pursuant to N.J.S.A. 2C:44-6.