Bill Text: NJ S457 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires counseling for certain domestic violence offenders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S457 Detail]
Download: New_Jersey-2012-S457-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires counseling for certain domestic violence offenders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning domestic violence and amending P.L.1991, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1991, c.261 (C.2C:25-27) is amended to read as follows:
11. When a defendant is found guilty of a crime or offense involving domestic violence and a condition of sentence restricts the defendant's ability to have contact with the victim, that condition shall be recorded in an order of the court and a written copy of that order shall be provided to the victim by the clerk of the court or other person designated by the court. In addition to restricting a defendant's ability to have contact with the victim, the court may require the defendant to receive professional counseling from either a private source or a source appointed by the court, but in either case conducted by a person who has demonstrated expertise in individual or group domestic violence counseling. [and if] In any case where the court either suspends the imposition of a sentence or sentences the defendant to be placed on probation, in addition to any other provisions required by law or conditions ordered by the court, the court shall require the defendant to participate in, and complete, a program of professional counseling as a condition of the sentence. If the court [so] orders professional counseling, the court shall require the defendant to provide documentation of attendance at the professional counseling. In any case where the court order contains a requirement that the defendant receive professional counseling, no application by the defendant to dissolve the restraining order shall be granted 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.
(P.L.1999, c.236, s.1)
2. This act shall take effect immediately and shall apply to offenses occurring on or after the effective date of this act.
STATEMENT
This bill would require that
defendants convicted of an offense involving domestic violence who are placed
on probation or have their sentence suspended attend domestic violence
counseling.
Under current law a court may, in its discretion, require the defendant to
receive professional counseling from either a private source or a source
appointed by the court.
Under this bill, in all cases of court-ordered domestic violence counseling under N.J.S.A.2C:25-27 the counselor would be required to have demonstrated expertise in individual or group domestic violence counseling. In cases in which a defendant is found guilty of a crime or offense involving domestic violence and where the court suspends the imposition of a sentence or sentences a defendant to be placed on probation the court would be required to order the defendant to participate in, and complete, a program of professional counseling. This bill is modeled after similar laws in California, North Carolina and Minnesota.
