S384

An Act concerning domestic violence training for certain judges and judicial personnel, andamending P.L.1991, c.261.

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

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

4. a. (1) The 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. This training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies.

(2) The Attorney General shall be responsible for ensuring that all law enforcement officers attend initial training within 90 days of appointment or transfer and annual [inservice] in-service training of at least four hours as described in this section.

b. (1) The Administrative [Office] Director of the Courts shall develop and approve a training course and a curriculum [on the handling, investigation and response procedures concerning allegations of domestic violence. This training course] 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 danger assessments, batterer intervention and anger management 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 [Office] 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 [inservice] in-service training as described in this section.

(3) The [Division of Criminal Justice] Attorney General and the Administrative [Office] Director of the Courts shall provide that all training on the handling of domestic violence matters shall include information concerning the impact of domestic violence on society, the dynamics of domestic violence, the statutory and case law concerning domestic violence, the necessary elements of a protection order, 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.

Law enforcement agencies shall: (1) establish domestic crisis teams or participate in established domestic crisis teams, and (2) shall train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled. 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.1999, c.433, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill establishes certain training requirements for certain judges and judicial personnel concerning domestic violence.

Currently, section 4 of P.L.1991, c.261 (C.2C:25-20) requires all judges and judicial personnel to attend initial domestic violence training within 90 days of appointment or transfer and to attend annual in-service training.

The bill directs the Administrative Director of the Courts to 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. The bill provides that all such judges and judicial personnel would participate in core training regarding issues such as the dynamics of domestic violence, the impact of domestic violence on children, trauma-informed danger assessments, batterer intervention and anger management programs, and domestic violence risk factors and lethality.

In addition, municipal court judges would receive specific training related to the issuance of temporary restraining orders in emergent situations. The above-described Superior Court judges would 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 would be reviewed at least every two years and modified by the Administrative Director of the Courts from time to time as need may require.

This expanded training program would continue to be administered within 90 days of the judge’s or judicial personnel’s appointment or transfer and then annually.

This bill embodies Recommendation 12 of the Report of the Supreme Court Ad Hoc Committee on Domestic Violence issued June 2016.