Bill Text: NJ S2116 | 2010-2011 | Regular Session | Introduced
Bill Title: Expands qualifications of county corrections officers; clarifies certain administrative and managerial policies of county correctional institutions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-06-24 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2116 Detail]
Download: New_Jersey-2010-S2116-Introduced.html
Sponsored by:
Senator SEAN T. KEAN
District 11 (Monmouth)
SYNOPSIS
Expands qualifications of county corrections officers; clarifies certain administrative and managerial policies of county correctional institutions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning county corrections officers, amending P.L.1991, c.110 and supplementing chapter 8 of Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1991, c.110 (C.30:8-18.1) is amended to read as follows:
2. No person shall be appointed as a corrections officer of any county correctional institution unless that person:
a. Is a citizen of the United States and a resident of the State of New Jersey;
b. Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
c. Is sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System as to the person's eligibility for membership;
d. Is of good moral character;
e. Has not been convicted of any offense which would make him unfit to perform the duties of his office and successfully completes drug testing for the unlawful use of any controlled dangerous substance, controlled substance analog, or volatile substance which produces the psychological effects of a controlled dangerous substance;
f. Has a high school diploma or its equivalent;
g. Is not under the age of 18 years or over the age of 35 years; and
h. Has completed in accordance with the provisions of section 5 of P.L.1988, c.176 (C.52:17B-68) the basic training course required by the Police Training Commission prior to permanent appointment provided, however, a person appointed as a county corrections officer shall be exempt from that training requirement if that person has successfully completed a training course for corrections officers conducted by a federal, state or county agency and, during the three years immediately preceding the appointment, worked in an comparable position as a full-time corrections officer.
(cf: P.L.1991, c.110, s.2)
2. (New section) a. The appointment titles for corrections officers of any county correctional institution shall include:
(1) Administrative Officers:
(a) Warden, Chief Warden, or Director; and
(b) Deputy Warden or Deputy Director;
(2) Superior Officers;
(a) Captain
(b) Lieutenant;
(c) Sergeant; and
(3) Line Officers;
(a) Corrections Officer;
(b) Corrections Officer-Investigator; and
(c) Corrections Officer-Detective
b. Persons appointed to the title "corrections officer-investigator" shall serve exclusively in matters relating to the institution's internal affairs.
c. Persons appointed to the title "corrections officer-detective" shall perform criminal investigations and gang intelligence functions for which the institution is responsible.
3. (New section) a. Any person appointed to the title of director or deputy director pursuant to section 2 of P.L. c. (C. ) (pending before the Legislature as this act) shall have no law enforcement authority and shall not exercise law enforcement powers or perform law enforcement duties, including, but not limited to:
(1) Stopping, detaining or arresting persons;
(2) Conducting any motor vehicle stops;
(3) Wearing any law enforcement officer uniform or otherwise exhibiting evidence of authority; and
(4) Carrying a firearm unless otherwise authorized by law.
b. Any person appointed to the title of director or deputy director who identifies himself to the public as a police officer, peace officer, or law enforcement officer is guilty of a petty disorderly persons offense.
4. (New section) In the absence of the warden or chief warden, as the case may be, the next highest ranking sworn officer shall be responsible for the efficiency and routine day to day operation of the county correctional institution.
5. (New section) The appropriate authority shall not establish any title or position that has not been approved by the Civil Service Commission or appoint a civilian to control the routine day to day operations of the county correctional institution. Any exclusive bargaining representative may directly appeal such violation to the Appellate Division of the Superior Court.
6. This act shall take effect immediately.
STATEMENT
This bill upgrades the qualifications for prospective county corrections officers by mandating specific health standards, criminal background checks, drug testing, and State residency.
While State training and one year probationary periods have been mandatory since 1988, this bill revises the exemption currently available to persons who, prior to their appointment, received similar corrections training by a governmental agency other than the State of New Jersey. Under the provisions of this bill, appointees to county corrections officer positions would automatically receive a waiver from any further training requirements if they (1) had received substantially similar federal, state or county training and (2) during the three years immediately preceding their appointment, they held a full-time position as a corrections officer, juvenile corrections officer or a juvenile detention officer.
The bill also sets forth authorized career and appointment titles for county correctional institutions. The titles authorized include administrative officers (warden, chief warden, director and their deputies); superior officers (captain, lieutenant and sergeant) and line officers (corrections officer, corrections officer-investigator and corrections officer-detective). The titles corrections officer-investigator and corrections officer-detective are special titles. Corrections officer-investigators are required to be assigned to internal affairs activities; corrections officer-detectives are to perform any criminal and gang investigations assigned to the county correctional institution.
The titles of director and deputy director are established as purely administrative positions and do not afford persons appointed to those titles any law enforcement authority. The bill specifically prohibits the holders of these titles from exercising law enforcement powers, such as (1) stopping, detaining or arresting anyone; (2) conducting any motor vehicle stops; (3) wearing any law enforcement officer uniform or other exhibiting evidence of authority; or (4) carrying a firearm, unless otherwise authorized by law. These administrators would be guilty of a petty disorderly persons offense if they identify themselves to the public as a law enforcement officer. Petty disorderly persons offenses are punishable by imprisonment for up to 30 days, a fine of up to $500, or both.
The bill also prohibits the appropriate authority from establishing a title or position that has not been approved by the Civil Service Commission or appointing a civilian to control the routine day to day operations of the county corrections department. The collective bargaining agent representing the county corrections officers may directly appeal an alleged violation of this provision to the Appellate Division of the Superior Court.
Finally, the bill specifies that in the absence of the warden or chief warden, as the case may be, the next highest ranking sworn corrections officer shall be responsible for the routine day to day operation of the county correctional institution.
