SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

SENATE, No. 2051

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 26, 2025

      The Senate Budget and Appropriations Committee reports favorably and with committee amendments Senate Bill No. 2051.

      As amended and reported, this bill requires law enforcement officers to conduct a risk assessment of and provide assistance to domestic violence victims.

      Under current law, pursuant to Attorney General Law Enforcement Directive 2016-6 v3.0 (AG Directive), 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.

      The amended 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. Regardless of the risk assessment score, a law enforcement officer is  required to determine if the victim is in immediate need of services, and is required to facilitate the provision of services.

      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; 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; and charge the defendant by way of complaint-warrant, in accordance with the rules promulgated by the Attorney General and the Rules of Court.

      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 include training related to the approved risk assessment to judges and court personnel.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) clarify certain procedures by which a law enforcement officer administers the risk assessment;

      (2) specify that ODARA is the domestic violence risk assessment instrument currently approved by the DCJ;

      (3) provide that an alternative instrument may be approved in the future, in accordance with the provisions of the bill;

      (4) provide that training related to ODARA is to be reviewed and updated, as appropriate;

      (5) provide that within 60 days of approval of an alternative assessment tool, the Director of the DCJ is required to establish a training course and curriculum for the administration of the alternative assessment tool;

      (6) remove references to the Domestic Violence Fatality and Near Fatality Review Board;

      (7) require the Administrative Director of the Courts to develop training related to the approved risk assessment, in addition to training required under current law for the handling of domestic violence cases; and

      (8) change the term “danger assessment” to “risk assessment.”

FISCAL IMPACT:

      Fiscal information for this bill is currently unavailable.