New Jersey § 5:2a-10

§ 5:2a-10.

a. The board may order any person to answer a question or questions or produce evidence

of any kind and confer immunity as provided in this section. If, in the course of any investigation or hearing conducted by the board under this

act, a person refuses to answer a question or questions or produce evidence of any

kind on the ground that he will be exposed to criminal prosecution or penalty or to

a forfeiture of his estate thereby, the board may order the person to answer the question

or questions or produce the requested evidence and confer immunity as in this section

provided. No order to answer or produce evidence with immunity shall be made except by unanimous

vote and after the Attorney General and the appropriate county prosecutor shall have

been given at least seven days' written notice of the board's intention to issue the

order and afforded an opportunity to be heard in respect to any objections they or

either of them may have to the granting of immunity. b. If, upon issuance of such an order, the person complies therewith, he shall be

immune from having the responsive answer given by him or the responsive evidence produced

by him, or evidence derived therefrom, used to expose him to criminal prosecution

or penalty or to a forfeiture of his estate, except that the person may nevertheless

be prosecuted for any perjury committed in the answer or in producing the evidence,

or be prosecuted for willful refusal to give an answer or produce evidence in accordance

with an order of the board or held in contempt for failing to give an answer or produce

evidence in accordance with the order of the board; and any answer given or evidence

produced shall be admissible against him upon any criminal investigation, proceeding

or trial against him for that perjury, upon any investigation, proceeding or trial

against him for contempt or willful refusal to give an answer or produce evidence

in accordance with an order of the board. c. If the board proceeds against any witness for contempt of court for refusal to

answer, subsequent to a grant of immunity, the witness may be incarcerated at the

discretion of the Superior Court; provided, however, that (1) no incarceration for

civil contempt shall exceed a period of 18 months of actual incarceration exclusive

of releases for whatever reason; (2) the board may seek the release of a witness

for good cause on appropriate motion to the Superior Court; and (3) nothing contained

herein shall be deemed to limit any of the vested constitutional rights of any witness

before the board.