Bill Text: NJ A4475 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes standards for court-ordered counseling for domestic violence offenders.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-06-03 - Introduced, Referred to Assembly Judiciary Committee [A4475 Detail]
Download: New_Jersey-2024-A4475-Introduced.html
Sponsored by:
Assemblywoman ANDREA KATZ
District 8 (Atlantic and Burlington)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Establishes standards for court-ordered counseling for domestic violence offenders.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning domestic violence and supplementing P.L.1991, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Any domestic violence counseling program in which a defendant participates based on a court order issued pursuant to paragraph (5) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or as a condition of pretrial release pursuant to section 2 of P.L.2014, c.31 (C.2A:162-16) shall facilitate offender accountability and contain the following components:
a. Risk assessments that identify dynamics of domestic violence and escalating risk factors, and include information provided by the courts;
b. Information and education concerning the tactics of power and control and the understanding of domestic violence as a domination and control issue;
c. A protocol to demonstrate the defendant's attendance in programming, and additional reporting as requested by the court to support a prompt and effective review by the court for noncompliance; and
d. Regular reviews of the program and compliance by the New Jersey Department of Children and Families for Batterers' Intervention Programs funded by the Department of Children and Families.
2. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill establishes standards for court-ordered counseling for domestic violence offenders.
Under current law, the court may order a defendant charged with a crime or offense involving domestic violence who has been released pending trial, or as part of a final restraining order issued by the court in a domestic violence matter, to receive professional domestic violence counseling from either a private source or a source appointed by the court. If ordered to participate in this counseling, the defendant would be required to provide the court with documentation of attendance.
Under the bill, any domestic violence counseling program in which a defendant participates based on a court order issued in a domestic violence matter would be required to facilitate defender accountability and include the following components:
(1) risk assessments that identify dynamics of domestic violence and escalating risk factors, and include information provided by the courts;
(2) information and education concerning the tactics of power and control and the understanding of domestic violence as a domination and control issue;
(3) a protocol to demonstrate the defendant's attendance in programming, and additional reporting as requested by the court to support a prompt and effective review by the court for noncompliance; and
(4) regular reviews of the program and compliance by the New Jersey Department of Children and Families for Batterers' Intervention Programs funded by the Department of Children and Families.
This bill implements Recommendation #28 of the June 2023 report of the Reconvened Joint Committee on Criminal Justice.
