SR127

A Senate Resolution respectfully memorializing the Attorney General to expedite the review of the Pretrial Services Program with regard to domestic violence.

Whereas, On August 11, 2014, the Governor signed P.L.2014, c.31, also known as the “Criminal Justice Reform Law,” which implemented an amendment to Article I, paragraph 11 of the New Jersey Constitution to allow for the pretrial detention of offenders who commit serious crimes; and

Whereas, Under the Criminal Justice Reform Law, criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings; and

Whereas, Pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25), the Administrative Director of the Courts has established a Statewide Pretrial Services Program which conducts a risk assessment to assist criminal courts in making objective and informed pretrial release decisions; and

Whereas, The risk assessment is comprised of: 1) a Public Safety Assessment (“PSA”) which gathers objective criminal history data that has strong predictive value in relation to a defendant’s risk to engage in new criminal activity or violence, or failure to appear in court; and 2) a Decision Making Framework (“DMF”), which objectively categorizes defendants into risk levels; and

Whereas, The Office of the Attorney General is reviewing whether modifications should be made to the PSA and DMF employed by the Pretrial Services Program when formulating its pretrial detention recommendations for domestic violence offenders; and

Whereas, The recommendations of the Attorney General will be submitted to the Administrative Office of the Courts; and

Whereas, In New Jersey, there were 62,055 domestic violence offenses reported to the police and 42 domestic violence homicides in 2014; and

Whereas, Domestic violence is a serious crime against society that impacts the health and safety of individuals, families, and communities of all social and economic backgrounds; and

Whereas, It is, therefore, fitting and proper that this House respectfully memorialize the Office of the Attorney General to expedite the review of the Pretrial Services Program and make recommendations as to whether changes to the risk assessment conducted for domestic violence offenders are reasonable and appropriate; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. The Senate respectfully memorializes the Office of the Attorney General to expedite the review of the Pretrial Services Program and make recommendations as to whether changes to the risk assessment conducted for domestic violence offenders are reasonable and appropriate.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Office of the Attorney General.

STATEMENT

This resolution respectfully memorializes the Office of the Attorney General to expedite the review of the Pretrial Services Program and make recommendations as to whether changes to the risk assessment conducted for domestic violence offenders are reasonable and appropriate.

Under P.L.2014, c.31, also known as the “Criminal Justice Reform Law,” criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25), the Administrative Director of the Courts has established a Statewide Pretrial Services Program which conducts a risk assessment to assist criminal courts in making objective and informed pretrial release decisions.

The Office of the Attorney General is currently reviewing whether modifications should be made the pretrial risk assessment employed by the Pretrial Services Program when formulating its pretrial detention recommendations for domestic violence offenders. The recommendations of the Attorney General will be submitted to the Administrative Office of the Courts.

Domestic violence is a serious crime against society that impacts the health and safety of individuals, families, and communities of all social and economic backgrounds. Because of the serious nature of the crime of domestic violence and its impact on New Jersey families, this resolution respectfully memorializes the Office of the Attorney General to expedite the review of the Pretrial Services Program.