Requires law enforcement officer to conduct danger assessment of domestic violence victims and provide assistance to high-risk victims.

A2087

ASSEMBLY, No. 2087

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Assemblyman STERLEY S. STANLEY

District 18 (Middlesex)

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Co-Sponsored by:

Assemblywomen Morales, Donlon and Reynolds-Jackson

SYNOPSIS

���� Requires law enforcement officer to conduct danger
assessment of domestic violence victims and provide assistance to high-risk
victims.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning victims of domestic violence 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 danger 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) to 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.�

���� b.��� The domestic violence
danger assessment shall be conducted with the consent of the alleged victim
using an objective, standardized, and evidence-based domestic violence danger
assessment instrument approved by the Attorney General in consultation with the
Domestic Violence Fatality and Near Fatality Review Board, established pursuant
to P.L.2003, c.225 (C.52:27D-43.17a et seq.).� The danger 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.���� The approved domestic
violence danger 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 the danger 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,
in consultation with the Domestic Violence Fatality and Near Fatality Review
Board, 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 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
]

����
(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 also
shall include law enforcement officer training on:

����
(i)��� conducting a
domestic violence danger assessment of an alleged victim of domestic violence;
and

����
(ii)�� providing notice to
an alleged victim if a danger 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)�� The
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 and a curriculum for all municipal court judges, Superior Court judges
responsible for theadjudication 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, 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. �This act shall take effect
on the first day of the fourth month next following the date of enactment,
except that the Attorney General
�may take any anticipatory action necessary in advance thereof to
effectuate the purposes of this act
.

STATEMENT

���� The bill requires a law
enforcement officer to conduct a danger assessment of any person who the
officer has reasonable cause to believe is a victim of domestic violence in
order to determine if the potential victim is in immediate need of services.�
The danger assessment is to be conducted with the consent of the alleged victim
using an objective, standardized, and evidence-based domestic violence danger
assessment instrument approved by the Attorney General, in consultation with
the Domestic Violence Fatality and Near Fatality Review Board.�

���� The danger assessment
instrument is required to 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.� The 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 danger 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 the current domestic violence curriculum for
law enforcement officer training on how to conduct the danger assessment and
notifying and facilitating access to services to alleged victims who are deemed
to be at an elevated risk of harm.