Bill Text: NJ A5061 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes minimum level of domestic violence and sexual assault training for judges and judicial personnel.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-01-12 - Introduced, Referred to Assembly Judiciary Committee [A5061 Detail]
Download: New_Jersey-2022-A5061-Introduced.html
Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Morris, Somerset and Union)
Co-Sponsored by:
Assemblyman Rooney
SYNOPSIS
Establishes minimum level of domestic violence and sexual assault training for judges and judicial personnel.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning domestic violence and sexual assault training for judges and judicial personnel 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 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 training as follows:
(a) all law enforcement officers 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. Once 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.
b. (1) The Administrative Director of the Courts shall develop and approve a training course consisting of at least three hours and a curriculum therefor, 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 and allegations of sexual offenses outside of the domestic violence context. The training shall consist of at least 1.5 hours devoted to issues impacting sexual violence, such as the dynamics of sexual violence, the impact of sexual violence on survivors and families, sexual violence risk factors and lethality, the impact of sexually violent crime on society, and the statutory and case law concerning sexual offenses. 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 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 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 in-service training as described in this section.
(3) The Attorney General and the Administrative Director of the Courts shall provide that all training on the handling of domestic violence matters required under this subsection shall include information concerning the impact of domestic violence on society, and include topics regarding the dynamics of domestic violence, the impact of domestic violence on children, the impact of trauma on survivors, risks for lethality in domestic violence cases, safety planning and services for survivors of domestic violence, the impact of racial bias and discrimination on survivors and marginalized communities, the statutory and case law concerning domestic violence, the necessary elements of a protection order, the guidelines regarding when domestic violence incidents trigger mandatory or discretionary arrest, 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.
c. 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.2021, c.377)
2. This act shall take
effect immediately.
STATEMENT
This bill amends the existing statutory requirement concerning domestic violence training for judges and judicial personnel. Presently, while section 4 of P.L. 1991, c.261 (C.2C:25-20) requires all judges and judicial personnel to receive some initial and annual training, no minimum amount of training is required by statute.
Although the Supreme Court provides and requires a substantial amount of domestic violence training for Judges of the Superior Court, Family Division, judges at the municipal court level hearing domestic violence cases have no minimum hours of training requirement.
This bill directs the Administrative Office of the Courts to develop and approve a domestic violence and sexual assault training course and a curriculum, with the training course consisting of at least three hours, 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 on the handling, investigation and response procedures concerning allegations of domestic violence and allegations of sexual offenses outside of the domestic violence context. This will ensure that judges and judicial personnel at all levels, including at the municipal court level, receive at least this level of training. The training shall consist of at least 1.5 hours devoted to issues impacting sexual violence, such as the dynamics of sexual violence, the impact of sexual violence on survivors and families, sexual violence risk factors and lethality, the impact of sexually violent crime on society, and the statutory and case law concerning sexual offenses.
