SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 386

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 21, 2021

     The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 386.

     This bill, as amended, updates the existing statute concerning training programs for municipal prosecutors.  Presently, section 10 of P.L.1999, c.349 (C.2B:25-10) authorizes, but does not require, the Attorney General, in consultation with the county and municipal prosecutors, to develop curricula for training programs for all municipal prosecutors.  Moreover, participation in such training is voluntary.

     The bill directs the Attorney General, in consultation with the county and municipal prosecutors, to develop a training program for all municipal prosecutors, and this training would include a component addressing domestic violence issues, including such topics as the dynamics of domestic violence, the impact of domestic violence on children, risks for lethality and the impact of trauma on survivors.  Participation in the domestic violence training would be mandatory for all new municipal prosecutors appointed after the bill’s effective date (it takes effect immediately) who have not previously served as a municipal prosecutor for a municipality; the training would not be required for any municipal prosecutor who was appointed as a municipal prosecutor prior to the bill’s effective date who is subsequently re-appointed to that office or appointed as such prosecutor for another municipality after that effective date.  The Attorney General would be responsible for ensuring that all new municipal prosecutors attend an initial domestic violence training within 90 days of appointment or transfer and annual in-service training of at least four hours.

     The domestic violence training course and curriculum would be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require.

      This bill was pre-filed for introduction in the 2020-2021 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

     The committee amendments to the bill:

     - include several topics to be covered in a training program on domestic violence, as described in the statement above; and

     - require mandatory training only for new municipal prosecutors appointed after the bill’s effective date who have not previously served as a municipal prosecutor, as described in the statement above.