A2489

An Act concerning sexual assault training for prosecutors and amending P.L.2021, c.66 and P.L.2001, c.81.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2021, c.66 (C.52:4B-54.2) is amended to read as follows:

1. a. The Division of Criminal Justice shall develop or approve a [triennial] biennial in-service training course and curriculum specifically for every county prosecutor and each assistant county prosecutor to whom sexual assault cases are assigned on how to appropriately handle, investigate, and respond to reports of sexual assault.

b. The training course and curriculum shall include:

(1) a component emphasizing the value of restorative justice in sexual assault cases;

(2) a component on cultural competency, including an understanding of the intersectionality of race, gender, and socioeconomic status in sexual assault cases;

(3) a module on emotional intelligence and counseling techniques designed to support victims of sexual assault and harassment, emphasizing empathetic communication and psychological support to ensure victims are treated with sensitivity throughout their contact with the prosecutor’s office; and

(4) a module on victim-centered approaches with a focus on trauma-informed care, victim safety, and the importance of maintaining victim autonomy throughout the victim’s contact with the prosecutor’s office. This includes strategies to minimize the re-traumatization of a victim and to ensure a victim’s interests are acknowledged and respected.

c. The division shall make the training course and curriculum available to all county prosecutor's offices in the State.

d. The division shall review the training course and curriculum every [five years] year, in consultation with nationally recognized trainers with expertise in trauma informed care and the New Jersey Coalition Against Sexual Assault, and make any necessary modifications.

e. The division may make the training course and curriculum available in an online format, but prosecutors shall complete the course and curriculum in person every [six] two years.

f. The Attorney General shall be responsible for ensuring that all county prosecutors and appropriate assistant county prosecutors [triennially] biennially complete the in-service training on handling sexual assault matters required by this section. The Attorney General also shall implement a system to evaluate compliance with the training requirements that includes a periodic audit of county prosecutors’ offices and a mechanism for addressing noncompliance.

g. A county prosecutor or assistant county prosecutor appointed after the effective date of P.L.2021, c.66 (C.52:4B-54.2 et al.) shall complete the training course and curriculum within 60 days of the prosecutor's initial appointment. The division shall determine whether training in the handling of sexual assault cases completed by a prosecutor appointed prior to the effective date of P.L.2021, c.66 (C.52:4B-54.2 et al.) complies with the requirements of this section. If the training does not comply with these requirements, the prosecutor shall complete the training course and curriculum required by this section within 60 days of the effective date of P.L.2021, c.66 (C.52:4B-54.2 et al.).

h. The division shall develop an open process pursuant to which the division will accept bids by organizations to assist in developing and providing the training required by this section.

(cf: P.L.2021, c.66, s.1)

2. Section 8 of P.L.2001, c.81 (C.52:4B-56) is amended to read as follows:

8. The Attorney General shall establish a sexual assault unit within the Division of Criminal Justice in the Department of Law and Public Safety which shall include a sexual assault investigator [and] , a certified forensic sexual assault nurse examiner, and a rape care advocate. As used in this section, a rape care advocate means the same as that term is defined in section 4 of P.L.2001, c.81 (C.52:4B-52).

The unit shall consult with the Division of Violence Intervention and Victim Assistance in its oversight of the operation of the county sexual assault nurse examiner programs, and provide assistance to counties in the investigation and prosecution of sexual assaults. The unit shall review all complaints received regarding a county's investigation and prosecution of a sexual assault and shall provide recommendations to the Attorney General regarding the county's investigation and prosecution of the case. The unit also shall provide training to law enforcement officials and county prosecutors, on an ongoing basis, in the investigation and prosecution of sexual assault. Any training the unit may provide to county prosecutors and assistant county prosecutors shall comply with the requirements of section 1 of P.L.2021, c.66 (C.52:4B-54.2).

(cf: P.L.2023, c.167, s.13)

3. This act shall take effect immediately.

STATEMENT

This bill revises training requirements concerning sexual assault cases for prosecutors and assistant prosecutors.

Currently, the Division of Criminal Justice in the Department of Law and Public Safety is required to develop or approve triennial in-service training for county prosecutors and assistant county prosecutors assigned sexual assault cases. This bill increases the frequency of the training to every two years.

In addition to the current requirement that the curriculum include a component emphasizing the value of restorative justice, the bill also specifies that the curriculum is required to include:

(1) a component on cultural competency, including an understanding of the intersectionality of race, gender, and socioeconomic status in sexual assault cases;

(2) a module on emotional intelligence and counseling techniques designed to support victims of sexual assault and harassment, emphasizing empathetic communication and psychological support to ensure victims are treated with sensitivity throughout their contact with the prosecutor’s office; and

(3) a module on victim-centered approaches with a focus on trauma-informed care, victim safety, and the importance of maintaining victim autonomy throughout the victim’s contact with the prosecutor’s office. This includes strategies to minimize the re-traumatization of a victim and to ensure a victim’s interests are acknowledged and respected.

Under the bill, the division is required to review the training curriculum every year. Currently, the requirement is for a review every five years. The training course and curriculum are currently available in an on-line format; however, prosecutors are required to attend training in person every six years. The bill increases the frequency for prosecutors to train in-person to every two years.

The bill also requires that Attorney General (AG) implement a system to evaluate compliance with the training requirements set forth in the bill, including a periodic audit of county prosecutors’ offices. The bill also requires the AG to develop a mechanism to address noncompliance.

Finally, the bill requires that the sexual assault unit within the division include a rape care advocate. Currently, the sexual assault unit includes a sexual assault investigator and a certified forensic sexual assault nurse examiner.