State prosecutors will use a risk assessment tool to gauge a person's risk of committing future violence.
TRENTON -- Weeks after authorities say a Roselle man killed his ex-girlfriend and then himself, law enforcement has instituted a new measure that advocates say could help to prevent similar cases of repeat domestic violence.
In a memo sent to county prosecutors and police Wednesday, the state Attorney General's office said after an arrest, authorities should use a risk assessment tool made up of 13 yes-or-no questions to gauge the potential for future attacks.
The change comes on the heels of Dominick Richards, 49, being accused of shooting 22-year-old Anishalee Cortes to death on his driveway June 13 before he turned the gun on himself.
After Cortes' killing, domestic violence advocates renewed their call for a tool that judges could consider alongside the currently used Public Safety Assessment when they decide whether to detain an alleged domestic violence offender before trial.
"It's critical to have a different assessment in domestic violence cases because people behave differently in their intimate relationships than they do in the community at large," said Jane Shivas, the executive director of the New Jersey Coalition to End Domestic Violence.
An Essex County judge in April ruled to release Richards from jail after he was accused of assaulting Cortes at gunpoint in her Newark apartment. Prosecutors had moved to detain Richards, calling him a danger to Cortes, while a defense attorney cast doubt on the prosecution's version of events.
Cortes' uncle, Carlos Lugo, said Thursday he was glad law enforcement was taking an additional step to combat domestic violence.
"Maybe if they had that set up already, we could have prevented this from happening (to Cortes)," said Lugo, of Kearny. "I hope it works and it does prevent anybody else from this."
A Jan. 25 directive from the Attorney General's office had instructed its Division of Criminal Justice to designate a risk assessment tool within 60 days. Division director Elie Honig declined to comment on the reason for the delay.
Judy Postmus, the director of the Center on Violence Against Women and Children at Rutgers University, said the use of a domestic violence risk assessment likely would have raised alarm bells for a judge considering whether to detain Richards.
"That the previous assault was using a weapon by itself should have put it at high risk enough that a judge should think twice about releasing," Postmus said. "It's a matter of giving the judge all the information that's available."
The tool chosen by the Attorney General's office, called the Ontario Domestic Violence Risk Assessment Tool, was developed by law enforcement and government officials in Ontario, Canada.
Its 13 questions cover the accused perpetrator's history of violence and anti-social behavior, details of the most recent assault and the victim's personal circumstances, like how many children she has.
The responses create a total score, from zero to seven, that ranks the perpetrator on a scale of risk for committing future domestic violence. A higher score means a person is more likely to commit more assaults, commit them sooner and cause more harm than someone with a lower score, according to the Ontario-based Waypoint Centre for Mental Health Care.
The Division of Criminal Justice will work with Waypoint Centre to coordinate licensing and statewide training, Honig wrote in the memo sent to law enforcement and shared with NJ Advance Media.
Shivas said Thursday the implementation of the new tool was a step in the right direction, but she added that it should be used in conjunction with referrals to domestic violence experts for safety planning and other tools that specifically measure the chance of a person trying to kill his partner.
"These efforts will enhance our collective ability to reduce domestic violence homicides in New Jersey," Shivas said.
New Jersey experienced 49 such domestic violence homicides in 2015, the most recent year for which State Police data is available. Women were the victims in 35 of those cases.
Victims often do not report domestic violence, so a perpetrator could have no criminal history, said Mary Houtsma, the executive director of the Essex County Family Justice Center. A small number of people commit the most severe and repeat violence, she said.
Postmus said police officers who plan to use a risk assessment tool should be taught about the nuances of domestic violence cases. No tool can prevent every homicide, she said.
"Someone could score low-risk and still commit violence," Postmus said. "Ideally, it'd be finding out those that are at high risk and could sway a judge into making different decisions."
In June of 2016, the state Supreme Court Ad Hoc Committee on Domestic Violence suggested forming a statewide system to assess risk in domestic violence cases and a guide to help judges make decisions in that type of situation.
"The Judiciary continues to consult with officials from the Attorney General's Office to provide any needed assistance as they implement a domestic violence assessment tool for law enforcement and prosecutors to utilize," Judge Glenn A. Grant, acting director of the Administrative Office of the Courts, said in a statement.
Acting Essex County Prosecutor Robert D. Laurino said criminal justice reform continues to be a work in progress.
"Hopefully, with the adoption of this new risk assessment tool to be utilized by law enforcement in domestic violence cases, the courts will accept the use of this tool in evaluating whether a defendant should be detained," Laurino said in a statement.
Marisa Iati may be reached at miati@njadvancemedia.com. Follow her on Twitter @Marisa_Iati or on Facebook here. Find NJ.com on Facebook.
Have a tip? Tell us. nj.com/tips