Bill Text: NJ A226 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes "Monica's Law" requiring evidence-based risk assessments in certain domestic violence cases.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Judiciary Committee [A226 Detail]
Download: New_Jersey-2022-A226-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Dancer, Assemblywoman Lampitt, Assemblyman Rooney and Assemblywoman Chaparro
SYNOPSIS
Establishes "Monica's Law" requiring evidence-based risk assessments in certain domestic violence cases.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning domestic violence risk assessments and designated "Monica's Law", amending P.L.1991, c.261, and supplementing Title 2A and Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Administrative Office of the Courts, in consultation with the Supreme Court Statewide Domestic Violence Working Group, shall develop:
a. a parenting time questionnaire to be completed in any proceeding to determine custody or parenting time by a parent asserting a concern for the safety or well-being of a child where ordered by the court pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The questionnaire shall collect information for use with the evidence-based guide developed pursuant to subsection b. of this section or that the court otherwise finds relevant to a parenting time determination where there is a potential risk to the safety or well-being of a child from a parent who is entitled to parenting time. The questionnaire shall include, but is not limited to, information regarding: the parents and children; the parent's recommendations for parenting time alternatives; the availability of transportation; the history of domestic violence, child abuse, or other violent or threatening behavior of a parent; the exposure of children to domestic violence or other violent or threatening behavior of a parent; the other parent's history of substance abuse; the other parent's criminal history; the other parent's history of mental illness; the results of prior parenting time efforts; the other parent's capacity to care for the child; and any other information deemed relevant by the court.
b. an evidence-based guide
of risk considerations to assist the court in determining custody and parenting
time alternatives where there are allegations of violent or threatening
behavior by a parent that could place the safety and well-being of a child at
risk. The guide shall provide judges with an evidence-based analytical matrix
of risk indicators taking into account various custody and parenting time
alternatives, risk considerations, current or past violent and threatening
behaviors, and family circumstances. The court shall consult the guide in
conjunction with information provided in the parenting time questionnaire and
other relevant information provided by the parents when determining custody and
allocating parenting time to facilitate access of parents to their children and
to assure the best interests and safety of children.
2. (New section) a. In any court proceeding to establish custody or parenting time of a child, if a parent asserts a concern for the safety of a child of the relationship due to past violent or threatening behavior of the other parent, the court shall temporarily suspend or restrict parenting time with the child and order the parent asserting safety concerns to complete a parenting time questionnaire, unless the parent who may be subject to the restrictions shows, and the court finds, by a preponderance of evidence that the statements made by the parent seeking parenting time restrictions are arbitrary and capricious. Upon request, court professional staff shall assist the parent in completing the questionnaire, or a parent may seek the assistance of an attorney, a domestic violence advocate, or a licensed social worker, marriage and family therapist, psychologist or psychiatrist to complete the questionnaire. A parent shall not be required to complete the parenting time questionnaire, in part or in its entirety, if the parent believes that it would create any possibility of further risk of harm from the other parent.
b. If the court denies a parent's request for temporary suspension or restriction of parenting time or further evaluation of safety concerns related to the child, the court shall state the reasons for the denial on the record.
c. When the court enters an order temporarily suspending or restricting parenting time to allow time for further evaluation of safety concerns, the court shall also set the date for a subsequent hearing which shall occur in an expeditious manner while allowing time for the collection of relevant information and professional evaluations, where ordered. A copy of the completed parenting time questionnaire shall be provided to the parent who may be subject to parenting time suspension or restriction prior to the hearing.
d. The court shall consider the following information when establishing an appropriate parenting time arrangement:
(1) information provided in the parenting time questionnaire;
(2) information available in court records; and
(3) any evidence provided or testimony made by the parents or other witnesses at the hearing.
e. After reviewing information provided at the hearing, if the court finds that there exists any possible risk to the safety or well-being of the child from a parent who is entitled to parenting time, the court may order:
(1) court-sponsored or court-approved parenting time;
(2) parenting time in the presence of a third party;
(3) parenting time at a place and time that avoids contact with the other parent; or
(4) any other restrictions or conditions on parenting time that the court deems necessary to protect the safety and well-being of the child.
f. In addition, the court may order batterers intervention counseling for the parent subject to the restrictions as a condition to the parenting time.
g. The court may order continued suspension of parenting time only where a parent is provided with procedural due process and the court finds on the record that no other alternative would protect the safety and well-being of the child. Where the court orders a complete and indefinite suspension of parenting time, the court shall refer the matter to the Division of Child Protection and Permanency in the Department of Children and Families for investigation pursuant to R.S.9:6-1 et seq.
h. If there is any allegation during the court proceedings that a parent has physically or emotionally abused a child, the court shall refer the matter to the Division of Child Protection and Permanency in the Department of Children and Families for investigation pursuant to R.S.9:6-1 et seq.
3. (New section) a. The Attorney General, in consultation with the Supreme Court Statewide Domestic Violence Working Group, shall develop an evidence-based risk assessment instrument to be used by law enforcement throughout the State to aid in the evaluation of the likelihood of whether a person charged with any crime, or any offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) will commit a future act of violence against a victim of domestic violence.
b. The risk assessment instrument shall be validated by an independent source to assure that its results provide valid predictors of future acts of violence. To the extent feasible, the risk assessment instrument shall maximize use of information from existing criminal justice information systems to limit exposure of the victim to future violence from the person alleged to have committed domestic violence.
c. Where the risk assessment instrument includes information obtained from a victim, a law enforcement officer, prior to applying the risk assessment instrument, shall inform the victim about the use of the results, the persons who or agencies that will have access to results, and permit the victim to decline participation if the victim believes that participation may compromise the victim's safety.
d. The results of the risk assessment shall be used in conjunction with other information that may be provided by the victim or obtained from criminal justice information systems to:
(1) assist law enforcement officers who respond to the scene of domestic violence in deciding whether to charge a defendant who is alleged to have committed an act of domestic violence on a complaint-warrant or complaint-summons;
(2) assist prosecutors and the court in determining if an order for pretrial detention pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) is appropriate;
(3) protect the victim during and after any criminal proceedings;
(4) promote appropriate sentencing and probation supervision or corrections strategies; and
(5) aid Batterer's Intervention Programs in designing individualized remedial programs for persons who have committed an act of domestic violence.
e. The results of a person's risk assessment shall be deemed confidential and shall be released only to:
(1) A public agency authorized to investigate a report of domestic violence;
(2) The police or other law enforcement agency investigating a report of domestic violence;
(3) A court, upon its finding that access to such records may be necessary for determination of an issue before the court;
(4) The Department of Corrections and the State Parole Board; and
(5) The Division of Child Protection and Permanency in the Department of Children and Families;
(6) A Batterer's Intervention Program established under the Department of Children and Families; and
(7) Any other person or agency deemed appropriate by the Attorney General.
4. Section 13 of P.L.1991, c.261 (C.2C:25-29) is amended to read as follows:
13. a. A hearing shall be held in the Family Part of the Chancery Division of the Superior Court within 10 days of the filing of a complaint pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28) in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere. A copy of the complaint shall be served on the defendant in conformity with the Rules of Court. If a criminal complaint arising out of the same incident which is the subject matter of a complaint brought under P.L.1981, c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.) has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant, other than domestic violence contempt matters and where it would otherwise be admissible hearsay under the rules of evidence that govern where a party is unavailable. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. The court shall consider but not be limited to the following factors:
(1) The previous history of domestic violence between the plaintiff and defendant, including threats, harassment and physical abuse;
(2) The existence of immediate danger to person or property;
(3) The financial circumstances of the plaintiff and defendant;
(4) The best interests of the victim and any child;
(5) In determining custody and parenting time the protection of the victim's safety; and
(6) The existence of a verifiable order of protection from another jurisdiction.
An order issued under this act shall only restrain or provide damages payable from a person against whom a complaint has been filed under this act and only after a finding or an admission is made that an act of domestic violence was committed by that person. The issue of whether or not a violation of this act occurred, including an act of contempt under this act, shall not be subject to mediation or negotiation in any form. In addition, where a temporary or final order has been issued pursuant to this act, no party shall be ordered to participate in mediation on the issue of custody or parenting time.
b. In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. In addition to any other provisions, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3 during the period in which the restraining order is in effect or two years whichever is greater, except that this provision shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty. At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:
(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.
(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim's rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.
(3) An order providing for parenting time. The order shall protect the safety and well-being of the plaintiff and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. Orders for parenting time may include a designation of a place of parenting time away from the plaintiff, the participation of a third party, or supervised parenting time. The parenting time order shall be determined in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
[(a) The court shall consider a request by a custodial parent who has been subjected to domestic violence by a person with parenting time rights to a child in the parent's custody for an investigation or evaluation by the appropriate agency to assess the risk of harm to the child prior to the entry of a parenting time order. Any denial of such a request must be on the record and shall only be made if the judge finds the request to be arbitrary or capricious.
(b) The court shall consider suspension of the parenting time order and hold an emergency hearing upon an application made by the plaintiff certifying under oath that the defendant's access to the child pursuant to the parenting time order has threatened the safety and well-being of the child.]
(4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence. The order may require the defendant to pay the victim directly, to reimburse the Victims of Crime Compensation Office for any and all compensation paid by the Victims of Crime Compensation Office directly to or on behalf of the victim, and may require that the defendant reimburse any parties that may have compensated the victim, as the court may determine. Compensatory losses shall include, but not be limited to, loss of earnings or other support, including child or spousal support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged or destroyed or taken by the defendant, cost of counseling for the victim, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering. Where appropriate, punitive damages may be awarded in addition to compensatory damages.
(5) An order requiring the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and, in that event, requiring the defendant to provide the court at specified intervals with documentation of attendance at the professional counseling. The court may order the defendant to pay for the professional counseling. No application by the defendant to dissolve a final order which contains a requirement for attendance at professional counseling pursuant to this paragraph shall be granted by the court unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling.
(6) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members.
(7) An order restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.
(8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members; provided that this issue has not been resolved or is not being litigated between the parties in another action.
(9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, an identification document, a key, and other personal effects.
(10) An order awarding emergency monetary relief, including emergency support for minor children, to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law.
(11) An order awarding temporary custody of a minor child. The court shall presume that the best interests of the child are served by an award of custody to the non-abusive parent.
(12) An order requiring that a law enforcement officer accompany either party to the residence or any shared business premises to supervise the removal of personal belongings in order to ensure the personal safety of the plaintiff when a restraining order has been issued. This order shall be restricted in duration.
(13) (Deleted by amendment, P.L.1995, c.242).
(14) An order granting any other appropriate relief for the plaintiff and dependent children, provided that the plaintiff consents to such relief, including relief requested by the plaintiff at the final hearing, whether or not the plaintiff requested such relief at the time of the granting of the initial emergency order.
(15) An order that requires that the defendant report to the intake unit of the Family Part of the Chancery Division of the Superior Court for monitoring of any other provision of the order.
(16) In addition to the order required by this subsection prohibiting the defendant from possessing any firearm, the court may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S.2C:39-1 and ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order.
(17) An order prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L.1992, c.209 (C.2C:12-10).
(18) An order requiring the defendant to undergo a psychiatric evaluation.
(19) An order directing the possession of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party.
c. Notice of orders issued pursuant to this section shall be sent by the clerk of the Family Part of the Chancery Division of the Superior Court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency.
d. Upon good cause shown, any final order may be dissolved or modified upon application to the Family Part of the Chancery Division of the Superior Court, but only if the judge who dissolves or modifies the order is the same judge who entered the order, or has available a complete record of the hearing or hearings on which the order was based.
e. Prior to the issuance of any order pursuant to this section, the court shall order that a search be made of the domestic violence central registry.
(cf: P.L.2011, c.213, s.4)
5. This act shall take
effect on the 60th day after enactment except the Administrative Director of
the Administrative Office of the Courts may take such anticipatory
administrative action in advance thereof as shall be necessary for the
implementation of this act.
STATEMENT
This bill requires the Administrative Office of the Courts (AOC), in consultation with the Supreme Court Statewide Domestic Violence Working Group, to develop a parenting time questionnaire and an evidence-based guide of risk considerations for the court in determining custody and parenting time alternatives in certain domestic violence cases. In addition, the Attorney General, in consultation with the Supreme Court Statewide Domestic Violence Working Group, is directed to develop an evidence-based risk assessment instrument for law enforcement.
AOC: PARENTING TIME QUESTIONNAIRE AND EVIDENCE-BASED GUIDE OF RISK CONSIDERATIONS
Under the bill, the parenting time questionnaire and the evidence-based guide of risk considerations developed by the AOC will be used by the court in making a parenting time determination if there is a potential risk to the safety or well-being of a child. The parenting time questionnaire will be completed by a parent asserting a concern for the safety or well-being of a child. The questionnaire will collect information for use with the evidence-based guide developed by the AOC if there is a potential risk to the safety or well-being of a child from a parent who is entitled to parenting time. The questionnaire will include, but not be limited to, information regarding: the parents and children; the parent's recommendations for parenting time alternatives; the availability of transportation; the history of domestic violence, child abuse, or other violent or threatening behavior of a parent; the exposure of children to domestic violence or other violent or threatening behavior of a parent; the other parent's history of substance abuse; the other parent's criminal history; the other parent's history of mental illness; the results of prior parenting time efforts; the other parent's capacity to care for the child; and any other information deemed relevant by the court.
The Administrative Office of the Courts will also develop an evidence-based guide of risk considerations to assist the court in determining custody and parenting time alternatives if there are allegations of violent or threatening behavior by a parent that could place the safety and well-being of the child at risk. The guide will provide judges with an evidence-based analytical matrix of risk indicators taking into account various custody and parenting time alternatives, risk considerations, current or past violent and threatening behaviors, and family circumstances. The court would consult the guide in conjunction with information provided in the parenting time questionnaire and other relevant information provided by the parents when determining custody and allocating parenting time to facilitate access of parents to their children and to assure the best interests and safety of children.
The bill provides that in any court proceeding to establish custody or parenting time of a child, if a parent asserts a concern for the safety of a child of the relationship due to past violent or threatening behavior of the other parent, the court will temporarily suspend or restrict parenting time with the child and order the parent asserting safety concerns to complete a parenting time questionnaire, unless the parent who may be subject to the restrictions shows, and the court finds, by a preponderance of evidence, that the statements made by the parent seeking parenting time restrictions are arbitrary and capricious. Upon request, court professional staff will assist the parent in completing the questionnaire, or a parent may seek the assistance of an attorney, a domestic violence advocate, or a licensed social worker, marriage and family therapist, psychologist or psychiatrist.
However, a parent will not be required to complete the parenting time questionnaire if the parent believes that it would create any possibility of further risk of harm from the other parent.
If the court denies a parent's request for temporary suspension or restriction of parenting time or further evaluation of safety concerns related to the child, the court is required to state the reasons for the denial on the record. When the court enters an order temporarily suspending or restricting parenting time to allow time for further evaluation of safety concerns, the court would be required to set the date for a subsequent hearing. The hearing shall occur in an expeditious manner while allowing time for the collection of relevant information and professional evaluations. A copy of the completed parenting time questionnaire will be provided to the parent who may be subject to the parenting time restriction prior to the hearing.
The court would consider the following information when establishing an appropriate parenting time arrangement:
• information provided in the parenting time questionnaire;
• information available in court records; and
• any evidence provided or testimony made by the parents or other witnesses at the hearing.
After reviewing information provided at the hearing, if the court finds that there exists any possible risk to the safety or well-being of the child from a parent who is entitled to parenting time, the court may order:
• court-sponsored or court-approved parenting time;
• parenting time in the presence of a third party;
• parenting time at a place and time that avoids contact with the other parent; or
• any other restrictions or conditions on parenting time that the court deems necessary to protect the safety and well-being of the child.
The court may also order batters intervention counseling for the parent subject to the restrictions as a condition to the parenting time restrictions.
The court may order continued suspension of parenting time only if a parent is provided with procedural due process and the court finds on the record that no other alternative will protect the safety and well-being of the child. If the court orders a complete and indefinite suspension of parenting time, the court would refer the matter to the Division of Child Protection and Permanency in the Department of Children and Families for investigation.
If there is any allegation during the court proceedings that a parent has physically or emotionally abused a child, the court will refer the matter to the Division of Child Protection and Permanency in the Department of Children and Families for investigation.
ATTORNEY GENERAL: EVIDENCE-BASED RISK ASSESSMENT FOR LAW ENFORCEMENT
The bill requires the Attorney General, in consultation with the Supreme Court Statewide Domestic Violence Working Group, to develop an evidence-based risk assessment instrument to be used by law enforcement throughout the State to aid in the evaluation of the likelihood of whether a person charged with any crime, or any offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) will commit a future act of violence against a victim of domestic violence.
The risk assessment instrument would be validated by an independent source to assure that its results provide valid predictors of future acts of violence. To the extent feasible, the risk assessment instrument will maximize use of information from existing criminal justice information systems to limit exposure of the victim to future violence from the person alleged to have committed domestic violence.
If the risk assessment instrument includes information obtained from a victim, the law enforcement officer, prior to applying the risk assessment instrument, will inform the victim about the use of the results, the persons who or agencies that will have access to results, and permit the victim to decline participation if the victim believes that it may compromise the victim's safety.
The results of the risk assessment will be used in conjunction with other information that may be provided by the victim or obtained from criminal justice information systems, to:
• assist law enforcement officers who respond to the scene of domestic violence in deciding whether to charge a defendant who is alleged to have committed an act of domestic violence on a complaint-warrant or complaint-summons;
• assist prosecutors and the court in determining if an order for pretrial detention pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) is appropriate;
• protect the victim during and after any criminal proceedings;
• promote appropriate sentencing and probation supervision or corrections strategies; and
• aid Batterer's Intervention Programs in designing individualized remedial programs for persons who have committed an act of domestic violence.
Under the bill, the results of a person's risk assessment would be deemed confidential and would be released only to:
• a public agency authorized to investigate a report of domestic violence;
• the police or other law enforcement agency investigating a report of domestic violence;
• a court, upon its finding that access to such records may be necessary for determination of an issue before the court;
• the Department of Corrections and State Parole Board; and
• the Division of Child Protection and Permanency in the Department of Children and Families;
• a Batterer's Intervention Program established under the Department of Children and Families; and
• any other agency deemed appropriate by the Attorney General.
AMENDATORY SECTION
The bill amends section 13 of P.L.1991, c.261 (C.2C:25-29) concerning domestic violence hearing procedures to cross reference the evidence-based risk assessment and parenting questionnaire established under the bill.
This bill embodies recommendations 6 and 20 of the Report of the Supreme Court Ad Hoc Committee on Domestic Violence issued June 2016.
This bill is named "Monica's Law" after 31-year-old Monica Paul. In June 2008, Ms. Paul was shot to death in the presence of her two young children in the YMCA Family Center in Montclair. Kenneth Duckett, the father of the children, was convicted of the murder and sentenced to life imprisonment.
