LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

SENATE, No. 385

STATE OF NEW JERSEY

219th LEGISLATURE

 

DATED: JUNE 29, 2021

 

 

SUMMARY

 

Synopsis:

Requires training for law enforcement officers and assistant county prosecutors concerning handling of domestic violence cases.

Type of Impact:

Annual State, County, and Municipal Cost Increases.

Agencies Affected:

Department of Law and Public Safety; Counties; Local Law Enforcement; the Judiciary.

 

 

Office of Legislative Services Estimate

Fiscal Impact

Year 1 

Year 2 

Year 3 

 

Annual State Cost Increases

Indeterminate

 

Annual Local Cost Increases

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) projects that this bill will result in indeterminate annual State, county, and municipal expenditure increases to establish, periodically update, and deliver annual domestic violence training for assistant county prosecutors and a triennial in-person, instructor-led law enforcement officer training.

 

·         The OLS estimates that the State, county, and municipal costs to establish and periodically revise the training program for assistant county prosecutors and law enforcement will be minimal, given that the training programs can be expected to replicate existing domestic violence training programs established for, and provided to, law enforcement officers, judges, and judicial personnel.

 

·         The OLS cannot determine the annual cost to provide the mandatory domestic violence training to assistant county prosecutors.  Currently, prosecutors are encouraged to participate in established training programs.  The bill makes the domestic violence training mandatory for all assistant county prosecutors.  The additional cost to provide the mandatory instruction is unknown because the number of assistant county prosecutors who will be required to participate in the training program, now that it will become mandatory, is indeterminate.

·         The OLS cannot determine the annual cost to provide the triennial in-person instructor led mandatory domestic violence training to law enforcement officers.  Currently, law enforcement officers are required to annually participate in established domestic violence training programs; however, the majority of the training currently is satisfied through on-line training methods. This bill would require that at least every three years the training be provided in-person by an instructor.  It is unknown how much training was already being provided in-person Statewide.

 

 

BILL DESCRIPTION

 

      This bill requires training for law enforcement officers and assistant county prosecutors concerning handling of domestic violence cases.

      This bill would require that law enforcement officers attend in-person, instructor-led training every three years. In addition, the bill would require training for assistant county prosecutors involved in the handling of domestic violence cases.

      In 2012, the Office of the Attorney General established an online domestic violence training program for law enforcement officers. The online training program is intended to be used as a stand alone program by officers to meet their annual in-service training requirement or to be used in conjunction with other forms of training.

      Currently, the Attorney General and Administrative Director of the Courts are the individuals responsible for the training for law enforcement, judges, and judicial personnel. The Attorney General is also responsible for the investigation of domestic violence reports.  Law enforcement officers are required to attend an initial training within 90 days of appointment or transfer. In addition, the officers are required to attend an annual in-service training of at least four hours.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS projects that this bill will result in indeterminate annual State, county, and municipal expenditure increases to establish, periodically update, and deliver an annual domestic violence training program for assistant county prosecutors and a triennial in-person, instructor-led law enforcement officer training.

      The OLS estimates that the State, county, and municipal costs to establish and periodically revise the training program for assistant county prosecutors will be minimal, given that similar training programs already exist for other professions.  In 1991, a domestic violence training program was established by the Division of Criminal Justice, in the Department of Law and Public Safety.  Law enforcement officers, judges, and judicial personnel are currently required to attend an initial training within 90 days of their appointment or transfer and complete an annual training.  The OLS anticipates that the Division of Criminal Justice will use the existing training programs in substantial parts to create a training course for assistant county prosecutors.

      The OLS cannot determine the annual cost to provide mandatory domestic violence training to assistant county prosecutors.  Currently, assistant county prosecutors are encouraged to participate in established training programs.  The bill makes annual attendance at an approved domestic violence training session mandatory for all assistant county prosecutors with the first training having to occur within 90 days of appointment or transfer.  The additional cost to provide the mandatory instruction is unknown because the number of assistant county prosecutors who will be required to participate in the training program, if it becomes mandatory, is indeterminate.

      According to the 2017 New Jersey Lawyers Diary and Manual, there are approximately 814 assistant prosecutors serving the 21 counties. 

      The OLS cannot determine the annual cost to provide the triennial in-person, instructor led mandatory domestic violence training to law enforcement officers. Currently, law enforcement officers are required to participate in established training programs; however, the majority of the training is presently satisfied through on-line training methods.

 

 

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

Senior Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).