S2051 1R

An Act concerning victims of domestic violence and amending and supplementing P.L.1991, c.261.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. In accordance with the provisions of this section, a law enforcement officer shall conduct a domestic violence ¹[danger] risk¹ assessment of any person who the officer has reasonable cause to believe is a victim of a crime or offense involving domestic violence as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19)¹, and who agrees to participate in the risk assessment. Prior to conducting the risk assessment, the officer shall seek the person’s agreement to participate by informing the person of the purpose of the assessment, how the information will be collected and used, and who will have access to the information. [to] In all cases involving suspected or alleged domestic violence, the officer shall¹ determine if the potential victim is in immediate need of services provided by a domestic crisis team or other services available to victims of domestic violence ¹, and shall facilitate the provision of such services¹.

b. ¹[The] (1) Unless and until an alternative assessment instrument is approved by the Attorney General pursuant to this section, the Ontario Domestic Assault Risk Assessment (ODARA) instrument developed by the Behavioural Sciences and Analysis Section of the Ontario Provincial Police and the Waypoint Centre for Mental Health Care shall be the approved¹ domestic violence ¹[danger] risk¹ assessment ¹instrument utilized by a law enforcement officer pursuant to subsection a. of this section and¹ shall be conducted with the consent of the alleged victim ¹[using].

(2) The Attorney General may adopt an alternative domestic violence risk assessment instrument in the future, provided the alternative approved assessment tool is¹ an objective, standardized, and evidence-based domestic violence ¹[danger] risk¹ assessment instrument ¹[approved by the Attorney General in consultation with the Domestic Violence Fatality and Near Fatality Review Board, established pursuant to P.L.2003, c.225 (C.52:27D-43.17a et seq.)]¹. The ¹[danger] alternative approved risk¹ assessment instrument shall generate a score or rating that indicates an elevated risk that an alleged victim of domestic violence will suffer serious bodily injury or death as a result of a future act of domestic violence.

c. ¹[The] An alternative¹ approved domestic violence ¹[danger] risk¹ assessment instrument shall be based on information deemed relevant by the Attorney General which shall include, but not be limited to:

(1) the date of all recent acts of domestic violence using a calendar provided by the officer to the victim to identify or approximate the date of all recent acts; and

(2) for each recent act of domestic violence:

(a) a description of each act including the type of physical violence used, if any;

(b) whether any injuries were sustained by the alleged victim; and

d. If ¹[the] an approved risk [danger]¹ assessment generates a score or rating that indicates an elevated risk of serious bodily injury or death to an alleged victim, the law enforcement officer shall:

(1) notify the alleged victim that the score generated by the assessment indicates the victim is at an elevated risk of serious bodily injury or death; ¹[and]¹

(2) with the consent of the alleged victim, in accordance with rules promulgated by the Attorney General, facilitate the provision of immediate assistance to the alleged victim through a domestic crisis team or other services available to victims of domestic violence ¹; and (3) charge the defendant by way of complaint-warrant, in accordance with rules promulgated by the Attorney General and the Rules of Court¹.

e. The Attorney General¹[, in consultation with the Domestic Violence Fatality and Near Fatality Review Board,]¹ shall promulgate rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. Section 4 of P.L.1991, c.261 (C.2C:25-20) is amended to read as follows:

4. a. (1) (a) The ¹Director of the¹ Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation, and response procedures concerning reports of domestic violence and abuse and neglect of the elderly and disabled ¹[.], and shall also evaluate the training related to the domestic violence risk assessment instrument approved pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). In the event an alternative domestic violence risk assessment instrument is approved by the Attorney General pursuant to paragraph (2) of subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), within 60 days of the approval of an alternative assessment instrument, the Director of the Division of Criminal Justice shall develop and approve a training course and curriculum for the implementation of the alternative assessment instrument.¹ [This]

(b) In accordance with the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the training course and curriculum ¹[also] for the implementation of an alternative assessment instrument¹ shall include ¹, but not be limited to¹ law enforcement officer training on:

(i) conducting a domestic violence ¹[danger] risk¹ assessment of an alleged victim of domestic violence ¹, including seeking the alleged victim’s agreement to participate in the assessment and informing the alleged victim of the purpose of the assessment, how the information will be collected and used, and who will have access to the information¹; and

(ii) providing notice to an alleged victim if a ¹[danger] risk¹ assessment generates a score that indicates an elevated risk of serious bodily injury or death due to a future act of domestic violence; and, with the consent of the alleged victim, facilitating the immediate provision of services to the victim through a domestic crisis team or other services available to victims of domestic violence.

(c) ¹[The] Any¹ training course and curriculum ¹implemented pursuant to this section¹ shall be reviewed at least every two years and modified by the ¹Director of the¹ Division of Criminal Justice from time to time as need may require. The ¹Director of the¹ Division of Criminal Justice shall distribute the curriculum to all local police agencies.

(2) The Attorney General shall be responsible for ensuring training as follows:

(a) all law enforcement officers shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section. Once every three years, this in-service training requirement shall be satisfied through in-person instructor-led training.

(b) all assistant county prosecutors involved in the handling of domestic violence cases shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section.

¹(c) all law enforcement officers and all assistant county prosecutors involved in the handling of domestic violence cases shall receive training related to the domestic violence risk assessment approved pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) as deemed appropriate by the Director of the Division of Criminal Justice pursuant to paragraph 1 of this subsection.¹

b. (1) The Administrative Director of the Courts shall develop and approve a training course and a curriculum for all municipal court judges, Superior Court judges responsible for the adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints. All judges and judicial personnel identified in this section shall participate in core training regarding issues such as the dynamics of domestic violence, the impact of domestic violence on children, trauma-informed ¹[danger] risk¹ assessments ¹including the domestic violence risk assessment instrument to be administered pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹, batterer intervention programs, and domestic violence risk factors and lethality. In addition, municipal court judges shall receive specific training related to the issuance of temporary restraining orders in emergent situations. Superior Court judges responsible for the adjudication of domestic violence matters shall receive supplemental training related to the issuance and enforcement of temporary and final restraining orders, including factors considered when determining if a final restraining order should be issued, child custody and parenting plans, the setting of child support, distribution of property and ongoing housing expenses, and counseling. The core curriculum and individualized training programs shall be reviewed at least every two years and modified by the Administrative Director of the Courts from time to time as need may require.

(2) The Administrative Director of the Courts shall be responsible for ensuring that all municipal court judges, Superior Court judges responsible for the adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints attend initial training within 90 days of appointment or transfer and annual in-service training as described in this section.

(3) The Attorney General and the Administrative Director of the Courts shall provide that all training on the handling of domestic violence matters required under this subsection shall include information concerning the impact of domestic violence on society, and include topics regarding the dynamics of domestic violence, the impact of domestic violence on children, the impact of trauma on survivors, risks for lethality in domestic violence cases, safety planning and services for survivors of domestic violence, the impact of racial bias and discrimination on survivors and marginalized communities, the statutory and case law concerning domestic violence, the necessary elements of a protection order, the guidelines regarding when domestic violence incidents trigger mandatory or discretionary arrest, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, available sanctions and treatment options.

c. Law enforcement agencies shall: (1) establish domestic crisis teams or participate in established domestic crisis teams, ¹[and]¹ (2) ¹[shall]¹ train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled ¹, and (3) shall activate the crisis teams and make the teams available to victims whenever officers respond to reports of domestic violence and neglect and abuse of the elderly and disabled¹. The teams may include social workers, clergy or other persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims.

(cf: P.L.2021, c.377, s.1)

3. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Attorney General may take any anticipatory action necessary in advance thereof to effectuate the purposes of this act.