Bill Text: NJ A4036 | 2016-2017 | Regular Session | Amended


Bill Title: Requires uniform response procedures for all domestic crisis teams established or participated in by law enforcement agencies, and strengthens Statewide supervision over teams.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2016-12-12 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A4036 Detail]

Download: New_Jersey-2016-A4036-Amended.html

[First Reprint]

ASSEMBLY, No. 4036

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JULY 21, 2016

 


 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  TROY SINGLETON

District 7 (Burlington)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

 

Co-Sponsored by:

Assemblyman Dancer and Assemblywoman Vainieri Huttle

 

 

 

 

SYNOPSIS

     Requires uniform response procedures for all domestic crisis teams established or participated in by law enforcement agencies, and strengthens Statewide supervision over teams.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Judiciary Committee on December 12, 2016, with amendments.

  


An Act concerning the training and oversight of domestic crisis teams established or participated in by law enforcement agencies, and 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 include 1[response]1 procedures to be followed 1[by all] in activating the services of1 domestic 1violence1 crisis teams established or participated in by law enforcement agencies pursuant to paragraph (3) of subsection b. of this section.

     1(2) The domestic violence crisis team shall be activated in response to any incident related to domestic violence unless any of the following circumstances apply, in which case activation of the domestic violence crisis team is in the discretion of the law enforcement agency:

     (a) any dispute concerning child custody or parenting time that does not result in an act of domestic violence;

     (b) if the victim is intoxicated, under the influence of a controlled dangerous substance, or otherwise incoherent;

     (c) if both parties are arrested for an offense related to domestic violence;

     (d) if the victim exhibits behavior that is violent, combative, or abusive and may put the responder at risk;

     (e) if a party is a victim of sexual assault that requires the activation of the Sexual Assault Nurse Examiner Program (SANE) or Sexual Assault Response Team (SART) at an approved SANE or SART location; or

     (f) if the victim will not be returning to law enforcement headquarters or another designated area.1

     The 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.

     1[(2)] (3)1  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 in-service training of at least four hours as described in this section.

     b.    (1)     The Administrative Office 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 shall be reviewed at least every two years and modified by the Administrative Office 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 judges and judicial personnel attend initial training within 90 days of appointment or transfer and annual in-service training as described in this section.

     (3)   The Division of Criminal Justice and the Administrative Office 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, under the supervision of the Division of Criminal Justice, shall: [(1)] (a) establish domestic 1violence1 crisis teams or participate in established domestic 1violence1 crisis teams, which 1[shall], in the discretion of the law enforcement agency, may1 be made available to victims whenever law enforcement responds to  reports of domestic violence and 1to reports of1 abuse and neglect of the elderly and disabled 1related to domestic violence1; and [(2) shall] (b) train, in accordance with the training course and curriculum developed pursuant to paragraph (1) of subsection a. of this section, all individual officers participating in domestic 1violence1 crisis teams 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 on the first day of the fourth month next following enactment.

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