Establishes the authority of the court to order electronic monitoring of certain convicted domestic violence offenders.
Impact
The legislation empowers the Administrative Office of the Courts, in collaboration with the Attorney General, to implement a continuous monitoring program. Offenders deemed at high risk of re-offense will be subject to GPS-based tracking, which will enhance the ability of law enforcement to ensure compliance with court orders. This amendment to existing law (P.L.1991, c.261) reflects a proactive stance against domestic violence, potentially leading to better monitoring of offenders and safer environments for victims.
Summary
Senate Bill 496 aims to enhance the judicial response to domestic violence by establishing court authority to mandate electronic monitoring of certain offenders. The bill specifically targets defendants found guilty of crimes involving domestic violence, allowing courts to enforce monitoring when a sentence includes restrictions on contacting the victim. This initiative is driven by the need to mitigate risks to victims, particularly in situations where a final restraining order (FRO) is in effect, thus providing an additional layer of protection against potential re-offense.
Contention
While supporters argue that electronic monitoring will serve as a deterrent and provide vital safety for victims, there may be concerns regarding privacy rights and the appropriateness of such measures. Additionally, the bill stipulates a financial burden on monitored individuals, as they will be responsible for bearing the costs associated with the monitoring devices. Critics may highlight the potential for inequities in enforcement or the effectiveness of technology in preventing domestic violence incidents.
Implementation
To facilitate this program, the bill appropriates $500,000 from the General Fund, indicating a commitment to financial resources necessary for its rollout. The specifics of the monitoring program will be detailed through guidelines promulgated by the director of the Administrative Office of the Courts. With a focus on continuous and active tracking, this program aims to create a swift response to any violations, thereby enhancing overall public safety.
Authorizes court to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim's child upon birth of the child.
Authorizes court to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim's child upon birth of the child.
Authorizes court to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim's child upon birth of the child.
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.