New Jersey Assembly Bill A5740

New Jersey 2024-2025 Regular Session

• Introduced: 6/12/25
• Refer: 6/12/25

Caption

Requires law enforcement officer to conduct domestic violence risk assessment and provide assistance; requires court to consider risk assessment.

Impact

The implementation of A5740 is expected to significantly influence state laws related to domestic violence. It mandates that assessment results be considered by the courts when making decisions regarding pretrial release or pretrial detention. This move is seen as a measure to ensure that the courts are better informed about the risks victims may face, which is intended to enhance the safety of victims and the community. Additionally, it may prompt a reevaluation of existing training protocols for law enforcement regarding domestic violence cases, ensuring consistency and improved victim support.

Summary

Assembly Bill A5740 aims to enhance the legal framework surrounding domestic violence in New Jersey. It requires law enforcement officers to conduct a domestic violence risk assessment for any person suspected to be a victim of domestic violence. This assessment must be performed with the consent of the alleged victim and aims to identify the risk of future violence. The Ontario Domestic Assault Risk Assessment (ODARA) tool has been designated for this purpose, which generates a score indicating the potential risk of serious injury or death to the victim based on specific criteria, including recent acts of violence and the use of weapons.

Contention

While the bill is supported by advocates for victims of domestic violence, there may be points of contention regarding its implementation. Concerns could arise about the adequacy of law enforcement training in administering these risk assessments and the implications of potentially subjective interpretations of risk scores. Opponents may argue that reliance on a standardized tool could overlook the nuanced realities of domestic violence cases, thereby affecting judicial decisions. Furthermore, the introduction of mandatory assessments might place additional burdens on law enforcement resources and responsibilities.