Bill Text: NJ S4077 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes minimum level of domestic violence and sexual assault training for judges and judicial personnel.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-08-26 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4077 Detail]
Download: New_Jersey-2018-S4077-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
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 that all law enforcement officers attend initial training within 90 days of appointment or transfer and annual inservice 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 consisting of at least three hours, and a curriculum therefor, for Superior Court and municipal court judges and judicial personnel on the handling, investigation and response procedures concerning allegations of domestic violence 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. 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 inservice 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 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: 1999, c.433, s.1)
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 judges and judicial personnel 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.
