[Second Reprint]

SENATE, No. 384

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  TROY SINGLETON

District 7 (Burlington)

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman  JOANN DOWNEY

District 11 (Monmouth)

Assemblyman  NICHOLAS CHIARAVALLOTI

District 31 (Hudson)

 

Co-Sponsored by:

Senators Corrado, Ruiz, Pou, Assemblymen Coughlin, Johnson, Schaer, Assemblywomen Murphy, Tucker, Jimenez, Lopez, Assemblyman Rooney, Assemblywoman McKnight, Assemblymen Dancer, Houghtaling, Assemblywoman Reynolds-Jackson, Assemblyman Benson and Assemblywoman Timberlake

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Judiciary Committee on November 15, 2021, with amendments.

  


An Act concerning 2[domestic violence] certain2 training for 2[certain]2 judges 1[and] 2[,1 judicial personnel, 1and] ,2 law enforcement,1 and 2assistant county prosecutors and2 amending 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 2[that] training as follows:

      (a)2 all law enforcement officers 2shall2 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.  2Once 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.2

     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 1[and anger management]1 programs, and domestic violence risk factors and lethality.  In addition, municipal court judges shall

receive specific training related to the issuance of temporaryrestraining 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 2required under this subsection2 shall include information concerning the impact of domestic violence on society, 2and include topics regarding2 the dynamics of domestic violence 2[1and]2 ,the impact of domestic violence on children,2 the impact of trauma on survivors, 2[high risk indicators for potential lethality, 1and] risks for lethality in domestic violence cases, safety planning and services for survivors of domestic violence,2 the impact of racial bias and discrimination on survivors and 2marginalized2 communities1, the statutory and case law concerning domestic violence, the necessary elements of a protection order, 2the guidelines regarding when domestic violence incidents trigger mandatory or discretionary arrest,2 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.

     2c.2 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.