Bill Text: NJ A1639 | 2024-2025 | Regular Session | Introduced
Bill Title: Expands scope of law enforcement sexual assault training; codifies certain responsibilities of county sexual violence programs and rape care advocates.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A1639 Detail]
Download: New_Jersey-2024-A1639-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
SYNOPSIS
Expands scope of law enforcement sexual assault training; codifies certain responsibilities of county sexual violence programs and rape care advocates.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning law enforcement sexual assault training and sexual assault victim services and amending P.L.2017, c.192 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.2017, c.192 (C.52:4B-54.1) is amended to read as follows:
1. a. The Division of Criminal Justice shall develop or approve a training course and curriculum for law enforcement officers on the handling, investigation, and response procedures for reports of sexual assault.
The training course and curriculum shall include information on the neurobiological impact of trauma, the influence of societal myths and stereotypes, understanding perpetrator behavior, and conducting effective investigations, including but not limited to:
(1) how specific experiences impact victim trauma, memory, reactions, and behavior and the impact of the law enforcement officer's interpretation of this behavior on a sexual assault investigation;
(2) the impact of decisions made by law enforcement on the progression of a sexual assault investigation;
(3) strategies for working with victims to facilitate trust and communication;
(4) strategies for postponing judgment on the validity of a case until a thorough investigation is completed; and
(5) investigative methods and techniques focusing on offender behavior.
This training course and curriculum shall be reviewed at least every two years by the division and modified as need may require. The division shall make the curriculum available to all law enforcement agencies in the State.
b. The Attorney General shall be responsible for ensuring that all law enforcement officers, including prosecutors, triennially complete in-service training [triennially] on the handling of sexual assault matters.
(cf: P.L.2017, c.192, s.1)
2. Section 6 of P.L.2001, c.81 (C.52:4B-54) is amended to read as follows:
6. a. The county prosecutor's office in each county shall establish a Sexual Assault Response Team or shall enter into a collaborative agreement with another county to share the services of
that county's response team. The response team shall be comprised
of: a certified forensic sexual assault nurse examiner, a rape care advocate from the county program established, or designated by the Division on Women in the Department of Children and Families, as provided under section 3 of P.L.2001, c.81 (C.52:4B-51), and a law enforcement official. The response team shall:
(1) respond to a report of sexual assault at the request of a victim of sexual assault pursuant to guidelines established by the Attorney General pursuant to section 17 of P.L.2001, c.81 (C.52:4B-60); and
(2) provide treatment, counseling, legal, and forensic medical services to a victim of sexual assault in accordance with this section and the standard protocols developed by the Attorney General pursuant to subsection d. of section 6 of P.L.1985, c.404 (C.52:4B-44).
b. Each member of the response team shall complete the standardized education and training program developed by the program coordinator pursuant to subsection e. of section 4 of P.L.2001, c.81 (C.52:4B-52).
c. Every healthcare facility and law enforcement agency shall ensure that a sexual assault victim is informed of the availability of services offered by a designated county sexual violence program, including, but not limited, to the availability of a rape care advocate, regardless of the time or location of the incident or whether the victim reported the incident to a law enforcement agency. A representative of the facility or agency, as appropriate, shall convey this information as soon as possible, but at a minimum, before a sexual assault medical forensic examination is conducted or a statement is taken, unless the victim requires immediate medical attention, in which case the information shall be conveyed as soon as possible after receipt of medical attention.
d. If the victim requests the services of a rape care advocate from the county sexual violence program, the healthcare facility or law enforcement agency shall procure these services on behalf of the victim.
e. Services to be provided by the rape care advocate shall include, but not be limited to:
(1) explaining the advocate's role on the sexual assault response team and informing the victim of all available resources, including the services provided by the program;
(2) explaining the importance of seeking medical attention, and the value of timely evidence collection and early reporting to law enforcement;
(3) being available to privately speak with the victim prior to and during any investigative and sexual assault medical forensic interview or procedure and providing the victim a safe, neutral, and confidential place to consider options;
(4) supporting the victim's decisions;
(5) if requested by the victim, being present during any medical forensic examination or law enforcement interview to provide crisis intervention and emotional support;
(6) making periodic follow-up visits with the victim to ensure the victim is receiving all appropriate services; and
(7) maintaining confidentiality of all communications between the advocate and the victim, unless the victim otherwise directs, in writing, that the communications be disclosed.
f. The services of the sexual violence program, including the services provided by the rape care advocate, shall be available to the victim throughout the post-sexual assault healing process. These services shall include, but not be limited to:
(1) accompanying the victim to any forensic examination, law enforcement agency, or legal or court proceeding;
(2) crisis counseling, individual counseling, and support groups;
(3) providing referrals to additional resources;
(4) providing periodic follow-up visits with the victim; and
(5) providing support for non-offending family members and friends.
(cf: P.L.2012, c.16, s.135)
3. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill requires trauma-informed sexual assault training for law enforcement officers and codifies the requirement that sexual assault victims be informed of and provided with services by county-based sexual violence programs.
Current law requires the Division of Criminal Justice to develop or approve a training course and curriculum for law enforcement officers on the handling, investigation, and response procedures for reports of sexual assault. The division is required to make the course and curriculum available to all law enforcement agencies throughout the State. Law enforcement officers are required to complete the training every three years.
This bill specifically requires the sexual assault training course and curriculum to include information on the neurobiological impact of trauma, the influence of societal myths and stereotypes, understanding perpetrator behavior, and conducting effective investigations. Law enforcement officers are to be trained on how specific experiences impact victim trauma, memory, reactions, and behavior, and the impact of the officer's interpretation of this behavior on the investigation; the impact of decisions the officer makes on the progression of the investigation; strategies for working with victims to facilitate trust and communication; strategies for postponing judgment on the validity of a case until a thorough investigation is completed; and investigative methods and techniques focusing on offender behavior. The bill clarifies that prosecutors also are required to complete sexual assault training.
Current law requires each county to establish a sexual assault response team comprised of a certified forensic sexual assault nurse examiner, a rape care advocate, and a law enforcement officer for the purpose of responding to a report of sexual assault and providing treatment, counseling, legal, and forensic medical services pursuant to Attorney General guidelines.
Under this bill, healthcare facilities and law enforcement agencies are statutorily required to ensure that a sexual assault victim is informed of the availability of services offered by a designated county sexual violence program, including the option to consult with a rape care advocate. The information is to be conveyed to the victim as soon as possible, but in any case before a sexual assault medical forensic examination is conducted or a statement is taken by a law enforcement agency.
The healthcare facility or law enforcement agency is responsible for obtaining the services of a rape care advocate for the victim. The bill requires the rape care advocate to explain his or her role on the sexual assault response team and inform the victim of all available resources, including the services of the county program. The advocate also is to explain the importance of seeking medical attention, and the value of timely evidence collection and early reporting to law enforcement. The advocate is to be available to privately speak with the victim prior to and during any investigative and sexual assault medical forensic interview or procedure. It is also the responsibility of the advocate to provide the victim with a safe, neutral, and confidential place to consider options. The advocate is to support the victim's decisions and provide crisis intervention and emotional support during medical forensic examinations or law enforcement interviews. The advocate is required to periodically follow-up with the victim to ensure the victim is receiving all appropriate services. Communications between the advocate and the victim are to be held confidential.
The services of the county sexual violence program, including the rape care advocate, are to be available to the victim throughout the post-sexual assault healing process. These services include accompanying the victim to forensic medical examinations, law enforcement agencies, or legal or court proceedings; providing crisis counseling, individual counseling, and support groups; providing referrals to additional resources; providing periodic follow-up visits with the victim; and providing support for non-offending family members and friends.
