Bill Text: NJ A4890 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires sexual assault training for prosecutors.
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Introduced - Dead) 2021-03-01 - Substituted by S3073 (1R) [A4890 Detail]
Download: New_Jersey-2020-A4890-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Co-Sponsored by:
Assemblywoman Lopez
SYNOPSIS
Requires sexual assault training for prosecutors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prosecutor training, supplementing chapter 4B of Title 52 of the Revised Statutes, and amending P.L.2001, c.81.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Division of Criminal Justice shall develop or approve a triennial in-service training course and curriculum specifically for county prosecutors and assistant county prosecutors on how to appropriately handle, investigate, and respond to reports of sexual assault.
b. The training course and curriculum shall include a component emphasizing the value of restorative justice in sexual assault cases.
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 two years, in conjunction 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 years.
f. The Attorney General shall be responsible for ensuring that all county prosecutors and assistant county prosecutors triennially complete the in-service training on handling sexual assault matters required by this section.
g. A county prosecutor or assistant county prosecutor appointed after the effective date of P.L. c. (C. ) (pending before the Legislature as this bill) 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. c. (C. ) (pending before the Legislature as this bill) 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. c. (C. ) (pending before the Legislature as this bill).
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.
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 Department of Law and Public Safety which shall include a sexual assault investigator and a certified forensic sexual assault nurse examiner.
The unit shall oversee 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. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2001, c.81, s.8)
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill requires the Division of Criminal Justice (DCJ) in the Department of Law and Public Safety to develop or approve a triennial in-service training course and curriculum specifically for county prosecutors and assistant county prosecutors on handling, investigating, and responding to reports of sexual assault. The training course and curriculum required by the bill is to include instruction on the value of restorative justice in sexual assault cases.
The DCJ is to make the curriculum available to all county prosecutor's offices in the State. The Attorney General is responsible for ensuring that all county prosecutors and assistant county prosecutors complete this training.
The bill requires the DCJ to review and make necessary revisions to the training course and curriculum every two years. The DCJ is to consult with nationally recognized trainers with expertise in trauma informed care and the New Jersey Coalition Against Sexual Assault in this review.
The training course and curriculum may be made available in an online format, but prosecutors are to complete the course and curriculum in person every six years.
A county prosecutor or assistant county prosecutor appointed after the bill's effective date is to complete the training course and curriculum within 60 days of appointment. If a prosecutor appointed on the effective date of the bill has completed training in the handling of sexual assault cases, the DCJ is required to determine whether that training complies with the bill's provisions. If the training does not comply with these provisions, the prosecutor will be required to complete the training course and curriculum required by the bill within 60 days of the bill's effective date.
Finally, the bill requires the DCJ to develop an open process for accepting bids by organizations wishing to assist in developing and providing the training required by the bill.
