Bill Text: NJ A3708 | 2012-2013 | Regular Session | Amended

New Jersey Assembly Bill 3708 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Establishes pilot program requiring Attorney General to perform internal affairs functions of certain law enforcement agencies.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2013-04-15 - Received in the Senate, Referred to Senate Judiciary Committee [A3708 Detail]

Download: New_Jersey-2012-A3708-Amended.html

[First Reprint]

ASSEMBLY, No. 3708

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JANUARY 28, 2013

Sponsored by:

Assemblyman PETER J. BARNES, III

District 18 (Middlesex)

Assemblyman GORDON M. JOHNSON

District 37 (Bergen)

SYNOPSIS

Establishes pilot program in Edison Township requiring Attorney General to perform police internal affairs functions.

CURRENT VERSION OF TEXT

As reported by the Assembly Judiciary Committee on February 11, 2013, with amendments.

An Act creating a pilot program concerning ¹municipal¹ internal affairs units ¹[in certain law enforcement agencies]¹.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

¹1. The Legislature finds and declares:

a. The enactment of section 10 of P.L.1996, c.115 (C.40A:14-181) recognizes the importance of properly functioning internal affairs departments in law enforcement agencies.

b. Under that enactment, every law enforcement agency in the State is required to adopt and implement guidelines consistent with those governing the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety.

c. Under the "Criminal Justice Act of 1970," P.L.1970, c.74 (C.52:17B-97 et seq.), the Attorney General is the chief law enforcement officer of the State and as such has general supervision of criminal justice.

d. Pursuant to section 16 of P.L.1970, c.74 (C.52:17B-112), all law enforcement officers are obligated to cooperate with and aid the Attorney General and county prosecutors in the performance of their respective duties. Therefore, when law enforcement agencies conduct internal affairs investigations, they do so under the general supervision of the Attorney General.

e. The integrity of the internal affairs process in each municipality is a crucial component of an effective criminal justice system.

f. The failure of this process to function as it should results in a loss of confidence by the public and possibly a miscarriage of justice.

g. On rare occasions, where a police department has failed in its mission, the county prosecutor's office has temporarily assumed control. For example, in June 2010 the Union County Prosecutor's office took over the Springfield police department; in October 2010 the Mercer County Prosecutor's office took over the Princeton Township police department; and in April 2011 the Middlesex County Prosecutor's Office took over the Edison Township police department.

h. Despite these actions by the county prosecutors' offices, intervention on a State level is necessary and the Office of the Attorney General is the appropriate entity to carry out this function.

i. Edison Township is one of a small number of municipalities in New Jersey where, within the past few years, the county prosecutor has intervened in the operation of the police department. Despite this intervention, in many ways the township is representative of many of the larger municipalities within the State, in that Edison has a fairly large police department, but not the largest; is ethnically diverse; does not have unusually high or low rates of crime, poverty, or wealth; and has a large patrol area in terms of square mileage, but not the largest. These factors, when taken as a whole, provide a good basis for the Attorney General to use Edison in its pilot program, since it comprises many characteristics of a range of municipalities with large police forces, thereby allowing the Attorney General to gauge the effectiveness of the pilot program and its applicability to other municipalities with large, troubled police departments.¹

¹[1.] 2.¹a. ¹[Notwithstanding] In addition to¹ the provisions of section 10 of P.L.1996, c.115 (C.40A:14-181), there is established a two year pilot program ¹in Edison Township¹ requiring the Office of the Attorney General in the Department of Law and Public Safety to perform all duties and functions previously performed by the internal affairs unit of ¹[certain county and municipal] that¹ law enforcement ¹[agencies] agency¹. The Office of the Attorney General shall be responsible for establishing and administering the pilot program.

b. ¹[The Attorney General shall select the municipal and county law enforcement agencies to participate in the pilot program and shall determine the criteria for the selection of the law enforcement agencies.

c.]¹Pursuant to the provisions of section 2 of P.L.1991, c.164 (C.52:14-19.1), the Attorney General shall submit a report evaluating the effectiveness of the pilot program to the Governor and the Legislature upon completion of the program. The report shall recommend whether the pilot program should be expanded ¹[Statewide to require the Attorney General to perform the internal affairs duties and functions for all county and] to other¹ municipal law enforcement agencies ¹where the county prosecutor has intervened in the operation of the police department¹ .