ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 393

 

STATE OF NEW JERSEY

 

 

ADOPTED JUNE 3, 1996

 

 

Sponsored by Assemblywomen HECK, WEINBERG and GILL

 

 

An Act establishing a "Domestic Violence Resource Center Demonstration Program" and making an appropriation.

 

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

 

      1. The Legislature hereby finds and declares that the solution to the complex problem of domestic violence requires a variety of legal and social interventions and that insufficient State resources have been allocated for the evaluation and rehabilitation of batterers. The Legislature finds that a program specifically designed to assist perpetrators of domestic violence can be effective if the program has a clear goal of ending violent behavior, and if the rehabilitation includes alcoholism, drug abuse and mental health treatment.

      The Legislature further finds that persons who batter rarely cease their abusive behavior or voluntarily seek professional help without the imposition of court sanctions and professional intervention, and that relatively few courts impose sanctions on such offenders.

 

      2. As used in this act:

      "Department" means the Department of Human Services.

      "Designated domestic violence agency" means a county-wide organization with a primary purpose to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined by the division and which is under contract with the division on the effective date of this act for the express purpose of providing such services.

      "Division" means the Division of Youth and Family Services in the Department of Human Services.

      "Domestic Violence Resource Center" or "center" means a county-based program responsible for: the assessment, screening, evaluation, education and referral of persons who have committed acts of domestic violence and who have been ordered by the court to receive professional domestic violence counseling; the monitoring of attendance of those persons ordered to participate in a recommended intervention plan; and participation in the coordination of victim outreach services.

      "Domestic violence specialist" means a person who has fulfilled the requirements of certification established by the New Jersey Association of Domestic Violence Professionals.

      "Intervention plan" means an individualized program of educational, counseling and treatment services recommended by a Domestic Violence Resource Center for the purpose of ending violent behavior and addressing other problems which exacerbate such behavior.

      "Referral agency" means a person or agency which has entered into an agreement with a Domestic Violence Resource Center to provide domestic violence services, alcohol or drug abuse services or other appropriate services to persons who, pursuant to an evaluation by a Domestic Violence Resource Center, have been found to require such services and have been referred to the agency to obtain them, pursuant to section 6 of this act.

      "Violence intervention program" means services specially designed to assist persons in ending violent and other abusive behaviors.

 

      3. In addition to any other temporary or final order which the court may enter pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.), the court may order a defendant restrained pursuant to that act to receive an evaluation and services from a Domestic Violence Resource Center.

 

      4. a. The division shall, within six months of the effective date of this act, select and provide grants to three county Domestic Violence Resource Centers to participate in the 21-month demonstration program.

      b. A nonprofit agency or county based agency may apply to the division for participation as a Domestic Violence Resource Center in the demonstration program. The applicant shall submit documentation that: (1) the agency will maintain a cooperative working relationship with existing domestic violence service providers in the community; (2) the county's designated domestic violence agencies have endorsed the agency's proposal in writing; (3) the establishment and activities of the center have the support and cooperation of the judiciary and governing body of the county; and (4) the agency will provide other assurances which may be deemed necessary or appropriate by the division.

      Nothing herein shall bar a designated domestic violence agency from applying for designation as a Domestic Violence Resource Center.

      c. The staff of each center shall include, but not be limited to, a staff person who is a domestic violence specialist and a staff person who is a certified alcohol and drug counselor. The staff positions may be full or part time depending on available resources and the projected program demands in the county. The centers may contract with outside professionals if mental health or other assessment is required.

      d. The division shall be responsible for the following: (1) the promulgation of rules and regulations to govern the activities of each Domestic Violence Resource Center; (2) developing and disseminating a request for proposals and exercising final approval of grant recipients; (3) the provision of technical assistance to Domestic Violence Resource Centers; (4) monitoring the activities of Domestic Violence Resource Centers to ensure the quality of services and to ensure conformity to the purposes of this act; (5) developing standards for violence intervention programs which include: (a) a clear intervention goal to eliminate violent behavior, (b) a close cooperative relationship with victim services and victims, (c) a required program duration of not less than six months or 26 sessions, (d) an emphasis on transforming basic control and domination behavior, (e) the provision of a sliding-scale fee, and (f) service staff who have undergone specific training in the field of domestic violence; (6) the design, collection and the compilation of monthly statistical reports submitted by each center; (7) the issuance of a fiscal and statistical Domestic Violence Resource Center report at the end of the first year; and (8) contracting for the provision of an independent evaluation of the centers pursuant to section 8 of this act. The division shall hire at least one full time staff person to fulfill the responsibilities of the division. The division shall make every effort to hire a domestic violence specialist.

 

      5. The division shall establish a Domestic Violence Resource Center Advisory Committee. The committee shall consist of 11 members including one representative each from the Division of Alcoholism, Drug Abuse and Addiction Services in the Department of Health, the Division on Women in the Department of Community Affairs, the Administrative Office of the Courts, the Office of Victim-Witness Advocacy, the Department of Corrections, the New Jersey Advisory Council on Domestic Violence, the New Jersey Coalition for Battered Women, the New Jersey Network for the Treatment of Spouse Abusers, and  three service providers who are domestic violence specialists. The advisory committee shall: advise the division of any regulations or standards necessary to carry out the purposes of this act; review any regulations or standards before their effective date; review grant applications and advise the division on the selection of grant recipients; and monitor, evaluate and set standards for the quality of services funded by this act.

      The advisory committee shall organize within two months of the effective date of this act, and shall elect from its members a chair and a deputy chair, who shall serve for the duration of the demonstration program. The committee shall at its organizational meeting, with the approval of the director of the division, establish rules for any matter which may be necessary for efficient operation. The committee shall, thereafter, meet at least once per month for the duration of the demonstration program, and shall invite at least one representative of the division to attend the meeting.

 

      6. a. A center shall provide a program of services which shall include: (1) an assessment of the offender's past domestic violence behavior; (2) screening for alcohol and substance abuse, mental illness and other related problems; (3) a written evaluation which shall include recommendations for an intervention plan with a primary focus of ending violent behavior and referral to appropriate agencies; and (4) an educational component stressing the criminal nature of domestic violence and the legal, social and personal consequences of violent behavior. When an offender is referred by the court, a center shall submit to the court a written evaluation within 10 working days of the date of the initial appointment with the offender. In addition, each center may provide violence intervention programs and treatment pursuant to standards promulgated by the division for persons found by the court to have committed an act of domestic violence and ordered to undergo intervention and treatment.

      Nothing in this subsection shall bar a center from providing services to a person who voluntarily requests evaluation and referral.

      b. An evaluation fee of $200 shall be payable to the Domestic Violence Resource Center by each person ordered by the court to receive treatment and services from the center or by any person who receives such treatment or services. These funds shall be used to support the functions of the center. No person shall be excluded from the program due to inability to pay. The center may waive all or part of the fee based on the person's ability to pay. The center shall waive the entire fee for any person found by the court to be indigent.

      c. A center shall establish agreements with community educational, counseling, treatment and rehabilitation resources qualified to serve as referral agencies, and shall, where indicated, refer clients to the referral agencies for additional services. The center shall monitor the services that each referral agency provides and make whatever additional proposals are necessary to provide appropriate services.

      d. In accordance with rules established by the Domestic Violence Resource Center Advisory Committee, offenders shall be required to pay for counseling and to pay all fees associated with their use of a referral agency, except that no person shall be denied services due to an inability to pay.

      e. In conjunction with the designated domestic violence agency of the county in which a center is located, a center shall ensure that outreach is attempted with any victim who signs a civil domestic violence complaint. Outreach includes the provision of the following to the victim: (1) information regarding the legal rights of victims of domestic violence; (2) information regarding available community social and legal services for the victim and victim's children, if any; (3) information regarding the center's program and how the program interfaces with court action; (4) an assessment of victim safety; and (5) encouragement for the victim to utilize available services. Whenever possible, outreach services should be offered at the time a domestic violence complaint is signed. Outreach services shall be provided by the designated domestic violence agency of the county or the agency's designee.

      f. A center shall be responsible for providing information on the center's program to county and municipal personnel, including judges, law enforcement personnel, community social services providers, and other involved agencies.

      g. A center shall compile statistics regarding persons admitted to the center's program, including persons ordered by the court to participate in the center's recommended intervention plan, the rate of successful completion of the plan, the recidivism of domestic violence incidents and any other pertinent statistics required by the division. A center shall submit a monthly statistical report to the division.

 

      7. a. If a person fails to report to a domestic violence resource center for evaluation pursuant to a court order, the center shall notify the person by certified mail of a new appointment date and time and provide a warning that failure to appear will constitute noncompliance with a court order which can result in incarceration and monetary penalty. Upon further noncompliance, the center shall notify the court and request that the court initiate contempt proceedings pursuant to section 14 of P.L.1991, c.261 (C.2C:25-30).

      b. In cooperation with the referral agencies, a center shall be responsible for monitoring attendance of all persons ordered to participate in the center's recommended intervention plan. The center shall document attendance of all such persons and provide attendance records upon request of the court with jurisdiction over the matter being monitored by the center. Upon two consecutive unexcused absences or upon the development of a pattern of absences, the center shall notify the offender and the court of noncompliance and request that the court initiate contempt proceedings pursuant to section 14 of P.L.1991, c.261 (C.2C:25-30). The center shall also provide to the court a written progress report at six month intervals on each person who is under an order to attend an intervention program. The progress report shall include, but not be limited to, notification of successful completion of the intervention plan, recommendations for continued intervention or other relevant recommendations.

 

      8. a. The division shall contract with an independent, professional agent to evaluate the demonstration program. The selected agent will design, conduct and document the results of the study. The study will include, but not be limited to, an evaluation of the following: (1) the extent of judicial cooperation with the demonstration program including willingness to issue and enforce orders for mandatory participation in an intervention program; (2) the rate of successful completion of a prescribed intervention plan; (3) the impact of the project on victims; and (4) the rate of recidivism of persons charged with committing acts of domestic violence. The study shall also include an analysis of actual costs of operating the centers.

      b. No later than two months prior to the expiration of this act, the division shall report to the Governor, the Legislature, the Attorney General and the Chief Justice of the Supreme Court the results of the study.

 

      9. There is appropriated $750,000 to the department from the General Fund to effectuate the purposes of this act. Of this sum, $515,000 is designated for the establishment of the three Domestic Violence Resource Centers; $75,000 for victim outreach services through the designated domestic violence agencies or their designees; $60,000 for the costs of an independent evaluation, and $100,000 for the division to perform the administrative duties prescribed by this act.

 

      10. This act shall take effect immediately and shall expire 21 months thereafter.

 

 

                             

 

Establishes the "Domestic Violence Resource Center Demonstration Program;" appropriates $750,000.