Measure Requires Crime Witnesses to be Notified of Defendant’s Release or Change in Custody
(TRENTON) – Legislation Assembly Democrats John J. Burzichelli, Timothy J. Eustace and Annette Quijano sponsored to require a crime witness to be notified when the offender is released from custody has been signed into law.
“The witness of the crime has just as much right to be notified of changes in the defendant’s status as the victim of the crime,” said Burzichelli (D-Gloucester/Salem/Cumberland). “Especially in the case of violent crimes or domestic violence, both the victim and the witness may be at risk.”
The law comes after the December 2012 murder of a 54-year-old Woodbury woman, Ramona Johnstone, who was allegedly killed by Richard Santiago, who had been released from prison in May 2012 after a manslaughter conviction. Johnstone testified against Santiago in that case.
“This expands the law to help protect those who have the courage to stand up in the name of justice,” said Eustace (D-Bergen/Passaic). “In these cases, witnesses are just as vulnerable as the victims. Witnesses should receive notification when a change in the case occurs.”
Under former law, the Office of Victim and Witness Advocacy automatically notified crime victims when defendants convicted of certain serious crimes are about to be released from incarceration, unless the crime victims have requested not to be notified.
The law (A-3692) requires that upon the request of a witness or, any other person determined appropriate by the prosecutor, the Office of Victim and Witness Advocacy would notify them of the impending release as well.
“Protecting public safety is a top priority, and this is another step toward accomplishing that goal,” said Quijano (D-Union). “This is a common sense and reasonable thing to do to protect crime witnesses, who far too often have been subjected to harassment and intimidation.”
The law directs the Attorney General to maintain or arrange for the state to participate in an automatic notification system to alert crime victims, witnesses, and other appropriate persons when an offender is released from custody or is transferred within the correctional system.
Victims, witnesses, and, as determined by the prosecuting agency, other appropriate persons would supply contact information and automatic notification will alert them when custody status changes.