ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 4475

 

STATE OF NEW JERSEY

 

DATED:  DECEMBER 12, 2024

 

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 4475.

      This bill establishes standards for court-ordered counseling for domestic violence offenders.

     Under current law, the court may order a defendant, as a condition of a final restraining order issued by the court in a domestic violence matter; or as a condition of release pending trial for a crime or offense involving domestic violence, to receive professional domestic violence counseling from either a private source or a source appointed by the court.  Under current law, if ordered to participate in this counseling, the defendant would be required to provide the court with documentation of attendance.

     Under the bill, any domestic violence counseling program in which a defendant participates, based on a court order issued in a domestic violence matter, would be required to facilitate defender accountability and include the following components:

     (1)   risk assessments that identify dynamics of domestic violence and escalating risk factors, and include information provided by the courts;

     (2)   information and education concerning the tactics of power and control and the understanding of domestic violence as a domination and control issue;

     (3)   a protocol to demonstrate the defendant’s attendance in programming, and additional reporting as requested by the court to support a prompt and effective review by the court for noncompliance; and

     (4)   regular reviews of the program and compliance by the New Jersey Department of Children and Families for Batterers’ Intervention Programs funded by the Department of Children and Families.

     This bill implements Recommendation #28 of the June 2023 report of the Reconvened Joint Committee on Criminal Justice.