AG Modifications to CJ Reform Policies: Part 6

The following section was also removed from the Attorney General Criminal Justice Reform Directive, consistent with the Attorney General’s new emphasis on detaining all alleged “domestic violence” offenders pretrial:

4.6.2 Special Factors in Domestic Violence Cases. In determining whether to apply for a complaint-summons or a complaint-warrant in domestic violence cases, the police officer or assistant prosecutor or deputy attorney general consulted in accordance with Section 3.2 or supervisory officer designated pursuant to subsection 3.3.2 shall give special consideration to the following circumstances relevant to the risks that would be posed to the victim if defendant were to be released on a complaint-summons: 1) whether the victim exhibited signs of injury, and the extent of such injury; 2) whether any type of weapon was used against the victim, or was threatened to be used; 3) whether the defendant has at any time previously violated a temporary or final restraining order, cf. subsection 4.5.2 (creating a presumption of applying for a complaint-warrant if the present offense was committed in violation of a restraining order or release condition), and the nature and seriousness of such previous violation(s); 4) there is reason to believe that the defendant possesses one or more firearms that for practical or other reasons cannot be seized or surrendered pursuant to the Prevention of Domestic Violence Act before the defendant’s release from custody on a complaint summons (e.g., a firearm kept at a location other than the place of arrest such as another residence, or an office or business premises). The foregoing circumstances shall be considered in determining whether there is a basis to overcome a presumption of issuing a complaint-summons pursuant to subsection 4.3.1. See also subsection 4.6.3 (requiring an application for a complaint-warrant when one or more special pretrial release conditions that can be imposed only on a complaint-warrant are necessary to reasonably assure the immediate safety of a domestic violence victim).