ASSEMBLY, No. 5740

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 12, 2025

 

 

Sponsored by:

Assemblywoman  MICHELE MATSIKOUDIS

District 21 (Middlesex, Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Requires law enforcement officer to conduct domestic violence risk assessment and provide assistance; requires court to consider risk assessment.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning domestic violence, amending P.L.2014, c.31, and amending 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) a. In accordance with the provisions of this section, a law enforcement officer shall conduct a domestic violence risk assessment of any person who the officer has reasonable cause to believe is a victim of a crime or offense involving domestic violence as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), and who agrees to participate in the risk assessment.  Prior to conducting the risk assessment, the officer shall seek the person's agreement to participate by informing the person of the purpose of the assessment, how the information will be collected and used, and who will have access to the information.  In all cases involving suspected or alleged domestic violence, the officer shall determine if the potential victim is in immediate need of services provided by a domestic crisis team or other services available to victims of domestic violence, and shall facilitate the provision of such services. 

     b.    (1) Unless and until an alternative assessment instrument is approved by the Attorney General pursuant to this section, the Ontario Domestic Assault Risk Assessment (ODARA) instrument, developed by the Behavioural Sciences and Analysis Section of the Ontario Provincial Police and the Waypoint Centre for Mental Health Care, shall be the approved domestic violence risk assessment instrument utilized by a law enforcement officer pursuant to subsection a. of this section and shall be conducted with the consent of the alleged victim.

     (2) The Attorney General may adopt an alternative domestic violence risk assessment instrument in the future, provided the alternative approved assessment tool is an objective, standardized, and evidence-based domestic violence risk assessment instrument.  The alternative approved risk assessment instrument shall generate a score or rating that indicates an elevated risk that an alleged victim of domestic violence will suffer serious bodily injury or death as a result of a future act of domestic violence. 

     c.     An alternative approved domestic violence risk assessment instrument shall be based on information deemed relevant by the Attorney General which shall include, but not be limited to:

     (1)   the date of all recent acts of domestic violence using a calendar provided by the officer to the victim to identify or approximate the date of all recent acts; and

     (2)   for each recent act of domestic violence:

     (a)   a description of each act including the type of physical violence used, if any;

     (b)   whether any injuries were sustained by the alleged victim; and

     (c)   whether the act involved the use of, or threat to use a firearm or other weapon.

     d.    If an approved risk assessment generates a score or rating that indicates an elevated risk of serious bodily injury or death to an alleged victim, the law enforcement officer shall:

     (1)   notify the alleged victim that the score generated by the assessment indicates the victim is at an elevated risk of serious bodily injury or death; and

     (2)   with the consent of the alleged victim, in accordance with rules promulgated by the Attorney General, facilitate the provision of immediate assistance to the alleged victim through a domestic crisis team or other services available to victims of domestic violence.

     e.     The Attorney General shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L.     , c.          (C.        ) (pending before the Legislature as this bill).

 

     2.    Section 4 of P.L.1991, c.261 (C.2C:25-20) is amended to read as follows:

     4.    a. (1) (a) The Director of 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 [.], and shall also evaluate the training related to the domestic violence risk assessment instrument approved pursuant to section 1 of P.L.     , c.          (C.        ) (pending before the Legislature as this bill).  In the event an alternative domestic violence risk assessment instrument is approved by the Attorney General pursuant to paragraph (2) of subsection b. of section 1 of P.L.     , c.          (C.        ) (pending before the Legislature as this bill), within 60 days of the approval of an alternative assessment instrument, the Director of the Division of Criminal Justice shall develop and approve a training course and curriculum for the implementation of the alternative assessment instrument. [This]

     (b) In accordance with the provisions of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the training course and curriculum for the implementation of an alternative assessment instrument shall include, but not be limited to law enforcement officer training on:

     (i)    conducting a domestic violence risk assessment of an alleged victim of domestic violence, including seeking the alleged victim's agreement to participate in the assessment and informing the alleged victim of the purpose of the assessment, how the information will be collected and used, and who will have access to the information; and

     (ii)   providing notice to an alleged victim if a risk assessment generates a score that indicates an elevated risk of serious bodily injury or death due to a future act of domestic violence; and, with the consent of the alleged victim, facilitating the immediate provision of services to the victim through a domestic crisis team or other services available to victims of domestic violence. 

     (c)   Any training course and curriculum implemented pursuant to this section shall be reviewed at least every two years and modified by the Director of the Division of Criminal Justice from time to time as need may require.  The Director of 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.

     (c) all law enforcement officers and all assistant county prosecutors involved in the handling of domestic violence cases shall receive training related to the domestic violence risk assessment approved pursuant to section 1 of P.L.    , c.          (C.        ) (pending before the Legislature as this bill) as deemed appropriate by the Director of the Division of Criminal Justice pursuant to paragraph 1 of this subsection.

     b.    (1)        The Administrative Director of the Courts shall develop and approve a training course and a curriculum 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.  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 including the domestic violence risk assessment instrument to be administered pursuant to section 1 of P.L.     , c.          (C.        ) (pending before the Legislature as this bill), 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, s.1)

 

     3.    Section 11 of P.L.2014, c.31 (C.2A:162-25) is amended to read as follows:

     11. a. The Administrative Director of the Courts shall establish and maintain a Statewide Pretrial Services Program which shall provide pretrial services to effectuate the purposes of sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.).

     b.    The Pretrial Services Program shall, after an eligible defendant is temporarily detained pursuant to subsection a. of section 2 of P.L.2014, c.31 (C.2A:162-16) following the issuance of a complaint-warrant, conduct a risk assessment on that eligible defendant for the purpose of making recommendations to the court concerning an appropriate pretrial release decision, including whether the eligible defendant shall be: released on the eligible defendant's own personal recognizance or on execution of an unsecured appearance bond; released on a non-monetary condition or conditions as set forth under subsection b. of section 3 of P.L.2014, c.31 (C.2A:162-17); released on monetary bail, other than an unsecured appearance bond; released on a combination of monetary bail and non-monetary conditions set forth under section 3 of P.L.2014, c.31 (C.2A:162-17); or any other conditions necessary to effectuate the purposes of sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.).  The risk assessment shall be completed and presented to the court so that the court can, without unnecessary delay, but in no case later than 48 hours after the eligible defendant's commitment to jail, make a pretrial release decision on the eligible defendant pursuant to section 3 of P.L.2014, c.31 (C.2A:162-17).

     c.     The pretrial risk assessment shall be conducted using a risk assessment instrument approved by the Administrative Director of the Courts that meets the requirements of this subsection.

     (1) (a) The approved risk assessment instrument shall be objective, standardized, and developed based on analysis of empirical data and risk factors relevant to the risk of failure to appear in court when required and the danger to the community while on pretrial release.  The risk assessment instrument shall not be required to include factors specifically pertaining to the risk for obstructing or attempting to obstruct the criminal justice process.

     (b)   The approved risk assessment instrument shall not consider a charge, including any charge of delinquency, conviction, or adjudication of delinquency, or civil penalty if the act was an unlawful act and not a crime or offense, based on a violation of any of the following, as risk factors relevant to the risk of failure to appear in court when required and the danger to the community while on pretrial release: manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5, or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section; or a violation of either of those paragraphs and a violation of subsection a. of  section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, dispensing, or possessing with intent to distribute or dispense, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building; or obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10; or a violation involving marijuana or hashish as described herein and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana or hashish.

     (2)   The approved risk assessment instrument shall gather demographic information about the eligible defendant including, but not limited to, race, ethnicity, gender, financial resources, and socio-economic status.  Recommendations for pretrial release shall not be discriminatory based on race, ethnicity, gender, or socio-economic status.

     d.    [In addition to the pretrial risk assessments made pursuant to this section, the] The Pretrial Services Program shall monitor appropriate eligible defendants released on conditions as ordered by the court.

     e. In addition to the pretrial risk assessments made pursuant to this section, in all cases involving domestic violence as that term is defined pursuant to subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19),  a domestic violence risk assessment performed pursuant to section 1 of P.L.     , c.          (C.        ) (pending before the Legislature as this bill) shall be presented to the court.  When making a decision concerning pretrial release or pretrial detention pursuant to P.L.2014, c.31 (C.2A:162-15 et seq.), in cases where a domestic violence risk assessment is required pursuant to section 1 of P.L.     , c.          (C.        ) (pending before the Legislature as this bill), the court shall consider the domestic violence risk assessment in conjunction with the pretrial risk assessment, together with other information pursuant to section 6 of P.L.2014, c.31 (C.2A:162-20).

(cf: P.L.2021, c.19, s.10)

 

     4. Section 6 of P.L.2014, c.31 (C.2A:162-20) is amended to read as follows:

     6.    In determining in a pretrial detention hearing whether no amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may take into account information concerning:

     a.     The nature and circumstances of the offense charged;

     b.    The weight of the evidence against the eligible defendant, except that the court may consider the admissibility of any evidence sought to be excluded;

     c.     The history and characteristics of the eligible defendant, including:

     (1) the eligible defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearances at court proceedings, except with respect to these factors, the court shall not consider manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10; and

     (2) whether, at the time of the current offense or arrest, the eligible defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law, or the law of this or any other state;

     d.    The nature and seriousness of the danger to any other person or the community that would be posed by the eligible defendant's release, if applicable;

     e.     The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the eligible defendant's release, if applicable; [and]

     f.     The release recommendation of the pretrial services program obtained using a risk assessment instrument under section 11 of P.L.2014, c.31 (C.2A:162-25).  Pretrial services shall recommend no release when a defendant has been charged with any crime for which the eligible defendant would be subject to a mandatory term of imprisonment pursuant to subsection c. of N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other than a violation of:

     (1) subsection a. or d. of N.J.S.2C:39-3;

     (2) paragraph (1) or (2) of subsection a. of N.J.S.2C:39-4;

     (3) subsection a. of section 1 of P.L. 1998, c.26 (C.2C:39-4.1); or

     (4) paragraph (1) of subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5[.]; and

     g. In cases involving domestic violence as defined pursuant to subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), the domestic violence risk assessment performed pursuant to section 1 of P.L.     , c.      (C.     ) (pending before the Legislature as this bill).

(cf: P.L.2022, c.43, s.2)

 

     5. This act shall take effect immediately.

STATEMENT

 

     This bill codifies the Attorney General directive that requires law enforcement officers to conduct a risk assessment of victims of domestic violence and provide assistance to victims; and requires the court to consider the results of the domestic violence risk assessment instrument in conjunction with the general pretrial risk assessment required under the State's criminal justice reform law.

     Under current law, pursuant to Attorney General Law Enforcement Directive 2016-6 v3.0 (AG Directive), issued September 27, 2017, law enforcement officers are required to administer a domestic violence risk assessment tool to assist in identifying the risk of future assaults against intimate partners.  The Director of the Division of Criminal Justice (DCJ) within the Office of the Attorney General has designated the Ontario Domestic Assault Risk Assessment (ODARA) as the domestic violence risk assessment instrument to be used by law enforcement officers in this State.

     Specifically, the bill requires a law enforcement officer to conduct the ODARA, or an alternative approved risk assessment, of any person who the officer has reasonable cause to believe is a victim of domestic violence.  The risk assessment is to be conducted with the consent of the alleged victim.  The bill sets forth criteria for approving an alternative assessment instrument should the Attorney General decide in the future to no longer use ODARA.

     The risk assessment instrument is required to generate a score or rating that indicates whether there is an elevated risk that an alleged victim of domestic violence will suffer serious bodily injury or death as a result of a future act of domestic violence.

     The Director of the DCJ is required to evaluate the training related to ODARA in addition to other domestic violence training already required by statute.  In the event an alternative assessment instrument is approved in the future by the Attorney General in accordance with the provisions of the bill, within 60 days of the approval of an alternative assessment instrument, the Director is required to develop and approve a training course and curriculum for the implementation of the alternative assessment instrument.

     An approved instrument is to be based on information deemed relevant by the Attorney General which is to include, but not be limited to:

        the date of all recent acts of domestic violence using a calendar provided by the officer to the victim to identify or approximate the date of all recent acts; and

        for each recent act of domestic violence:

o   a description of each act including the type of physical violence used, if any;

o   whether any injuries were sustained by the alleged victim; and

o   whether the act involved the use of, or threat to use a firearm or other weapon.

     If the risk assessment generates a score or rating that indicates an elevated risk of serious bodily injury or death to an alleged victim, the law enforcement officer is required to: notify the victim that the score generated indicates there is an elevated risk; and, with the consent of the alleged victim, facilitate the provisions of immediate assistance through a domestic crisis team or other services available to victims of domestic violence.

     The bill also requires the Attorney General to incorporate into the current domestic violence curriculum for law enforcement officers training on how to conduct the risk assessment, and how to notify and facilitate access to services for alleged victims who are deemed to be at an elevated risk of harm.

     In addition to the training course and curriculum for domestic violence cases required under current law, the Administrative Director of the Courts is required to also including training related to the approved risk assessment to judges and court personnel.

     According to a memorandum accompanying an Attorney General directive related to this issue, revised Attorney General Law Enforcement Directive 2016-2016-6 v3.01, the New Jersey Judiciary has indicated that legislative authorization is necessary in order for judicial officers to be able to consider the risk assessment in domestic violence cases. It is the sponsor's intent to provide this authorization.  Accordingly, the bill amends the State's criminal justice reform law to require judges to consider a domestic violence risk assessment performed under the bill in all cases involving domestic violence when making a decision concerning pretrial release or pretrial detention.