A 2256 — Concerns "Sexual Violence Restorative Justice Pilot Program."

A2256 1R [First Reprint] ASSEMBLY, No.

Assemblywoman SHANIQUE SPEIGHT District 29 (Essex and Hudson) Assemblywoman  ANNETTE QUIJANO District 20 (Union)         SYNOPSIS      Concerns "Sexual Violence Restorative Justice Pilot Program."   CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe byAssembly LegislativeCommunity Counsel.Development and Women's Affairs Committee on May 4, 2026, with amendments.

       1.  Section 1 of P.L.2021, c.60 1(C.        )1 is amended to read as follows:

     1.    a.  The Attorney General shall establish a three-year1[three-year]1 “Sexual Violence Restorative Justice Pilot Program”,Program”1[, or of any otherother] for a1 duration for which funding is available, to implement a restorative justice program for survivors of sexual violence.  The Attorney General shall [implement] utilize the Division of Violence and Victim Assistance to design this program and shall effectuate its implementation by entering into an agreement to conduct the program with an organization [to design the program and provide technical assistance and an agreement with a separate organization to conduct the program.  The Attorney General shall select the organizations, who are to have], selected through the request for proposal process, that has demonstrated expertise in trauma informed care and which is not [be] associated with any law enforcement agency[, through requests for proposals.  Both organizations shall be compensated].

     The pilot program shall [be established in one northern, one central, and one southern county in this State, as determined by the Attorney General] provide program services to victims1[victims] survivors1 located throughout the State.

     (4) If, in any civil, criminal, family court, or administrative proceeding, there is a challenge to a claim that a sexual violence restorative justice program interaction is privileged pursuant to paragraph (1) of this subsection, the judge shall conduct a hearing in camera to determine whether the interaction is privileged.  During1[During the hearing, the judge may consider information that would otherwise be privileged to the extent that the information is probative of the issue.issue] In conducting the in camera review, the judge may review the communication or information solely for the limited purpose of determining whether the privilege established pursuant to paragraph (1) of this subsection applies.1      (5) The privilege set forth in paragraph (1) of this subsection shall not apply if:

     (5) The privilege set forth in paragraph (1) of this subsection shall not apply if:

P.L.2021, c.60, s.1)        2.   1Section Thisof actP.L.2021, shallc.60 takeis effectamended immediately.to read as follows:

    STATEMENT        This2. bill concerns the “Sexual Violence Restorative Justice Pilot Program.”       Under current law, the Attorney General is required to establish a three-year “Sexual Violence Restorative Justice Pilot Program” to implement a restorative justice program for survivors of sexual violence.  This bill requires the Attorney General to establish a three-year pilot program or of any other duration for which funding is available.

    This Inact addition,shall currenttake laweffect requiresimmediately the[and Attorneyshall Generalexpire toupon implement this pilot program by entering into an agreement with an organization to design the programfiling andof provide technical assistance and a separate organization to conduct the program. report The organizations are required topursuant be compensated.       Under the provisions of this bill, the Attorney General is to utilizesubsection thec. Division of Violence and Victim Assistance to design the program and is to enter into an agreement to conduct the program with an organization meeting certain criteria as set forth under current law.  The organization is to be selected under the request for proposal process, in accordance with current law.  The bill removes the requirement that the organizations be compensated.

    of Further,section current1 lawof requiresP.L.2021, thatc.60].1 the  pilot     program1[2.] be3.1  established in one northern, one central, and one southern county in this State, as determined by the Attorney General.  This billact requiresshall thetake piloteffect programimmediately. to provide program services to victims located throughout the State.

     The bill also provides that any written or oral communication, submission, or action undertaken during or in preparation for a sexual violence restorative justice program interaction or as a follow-up to that interaction, or the fact that the interaction has been planned or convened is confidential and privileged and is not accessible to the public pursuant to the “Open Public Records Act.” The communication, submission, or action is not to be referred to, used, or admitted in any civil, criminal, family court, or administrative proceeding, unless the privilege is waived during the proceeding or in writing by the party protected by the privilege.  The bill provides that privileged information is not subject to discovery or disclosure in any judicial or extrajudicial proceeding.

     Further, under the bill, any waiver of the privilege, in accordance with the bill’s provisions, is limited to the participation and communication of the party who waived the privilege.       The bill also provides that if, in any civil, criminal, family court, or administrative proceeding, there is a challenge to a claim that a sexual violence restorative justice program interaction is privileged pursuant to the bill’s provisions, the judge is to conduct a hearing in camera to determine whether the interaction is privileged.  During the hearing, the judge may consider information that would otherwise be privileged to the extent that the information is probative of the issue.

     Finally, the bill provides that the privilege set forth under the bill’s provisions does not apply if:

1) disclosure is necessary to prevent death, serious bodily injury, or the commission of a crime;

2) disclosure is necessary to comply with another law;

or 3) a judicial, quasi-judicial, or administrative body requires a report on a restorative justice program interaction.

However, the report is to be limited to the fact that an interaction has taken place, an opinion regarding the success of the interaction, and whether further restorative justice program interactions are expected.