New Jersey-2022-S497-Introduced

An Act concerning psychological evaluations of certain law enforcement officers, amending N.J.S.40A:14-122, and supplementing various parts of the statutory law.

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

1. N.J.S.40A:14-122 is amended to read as follows:

40A:14-122. a. Except as otherwise provided by law, [no] a person shall not be appointed as a member of the police department and force, unless [he] the person:

(1) is a citizen of the United States;

(2) is sound in body and of good health sufficient to satisfy the board of trustees of the police and firemen's retirement system of New Jersey as to his eligibility for membership in the retirement system;

(3) is able to read, write, and speak the English language well and intelligently;

(4) is of good moral character, and has not been convicted of any criminal offense involving moral turpitude; and

(5) submits to a psychological evaluation as defined in subsection d. of this section.

b. A member of the police department and force shall submit to a second psychological evaluation as defined in subsection d. of this section at the conclusion of the probationary period.

c. Each member of a police department and force shall be required every five years to submit to a psychological evaluation as defined in subsection d. of this section.

d. For the purposes of this section, "psychological evaluation" means an oral interview and at least one professionally recognized clinical test developed by a psychiatrist or licensed psychologist to determine that the candidate or officer is free from any emotional or mental condition which may adversely affect the performance of law enforcement duties including, but not limited to, implicit bias.

e. The appointing body, officer, or officers of the municipality when authorized [so] to do so, may employ [such] officers and other personnel for [said] the police department and force as temporary employees in emergencies, or for certain specified parts of the year, as needed.

f. Except as otherwise provided by law, any permanent member or officer of [such] the police department and force who shall be absent from duty without just cause or leave of absence, for a continuous period of [5] five days, shall cease to be a member of [such] the police department and force.

(cf: P.L.1971, c.443, s.4)

2. (New section) a. A person shall not be appointed to any county police department and force established pursuant to N.J.S.40A:14-106 through N.J.S.40A:14-117 or to any county park police department or system established pursuant to R.S.40:37-154; R.S.40:37-202; P.L.1976, c.90 (C.40:32-2.6 et seq.); P.L.1962, c.120 (C.40:37-95.40 et seq.); P.L.1960, c.135 (C.40:37-261 et seq.) or any other law unless that person submits to a psychological evaluation as defined in subsection d. of this section.

b. A member of the county police department and force or county park police department or system shall submit to a second psychological evaluation as defined in subsection d. of this section at the conclusion of the probationary period.

c. Each member of a county police department and force or county park police department or system shall be required every five years to submit to a psychological evaluation as defined in subsection d. of this section.

3. (New section) a. A person shall not be appointed as a campus police officer under P.L.1970, c.211 (C.18A:6-4.2 et seq.) unless that person submits to a psychological evaluation as defined in subsection d. of this section.

b. A campus police officer shall submit to a second psychological evaluation as defined in subsection d. of this section at the conclusion of the probationary period.

c. Each campus police officer shall be required every five years to submit to a psychological evaluation as defined in subsection d. of this section.

4. (New section) a. A person shall not be appointed as a sheriff's officer pursuant to P.L.1982, c.133 (C.40A:9-117.6 et seq.) or sheriff's officer chief pursuant to P.L.1989, c.280 (C:40A:9-117.15) unless that person submits to a psychological evaluation as defined in subsection d. of this section.

b. A sheriff's officer or sheriff's officer chief shall submit to a second psychological evaluation as defined in subsection d. of this section at the conclusion of the probationary period.

c. Each sheriff's officer or sheriff's officer chief shall be required every five years to submit to a psychological evaluation as defined in subsection d. of this section.

5. (New section) a. In addition to a psychological evaluation required under sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), a police department and force or department or system also may require a fitness-for-duty evaluation of any law enforcement officer who is subject to the provisions of this act, with reason or for cause. Conduct by an officer which poses a danger to the officer or others shall constitute sufficient reason or cause pursuant to this section.

b. For the purposes of this section, "fitness-for-duty evaluation" means a formal, specialized examination of an incumbent employee the purpose of which is to determine whether the employee is able to safely and effectively perform the essential functions of the job when there is:

(1) objective evidence that the employee may be unable to safely or effectively perform a defined job; and

(2) a reasonable basis for believing that the cause may be attributable to a psychological condition or impairment.

6. (New section) a. A police officer shall be entitled to review the results of a psychological or fitness-for-duty evaluation required or permitted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

b. A police officer may have the results of a psychological or fitness-for-duty evaluation performed to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) reviewed by a psychiatrist or licensed psychologist of the officer's choice and at the officer's own expense.

7. (New section) Notwithstanding any other law to the contrary, a law enforcement officer who is terminated based on the results of a psychological or fitness-for-duty evaluation required or permitted pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) may be retired on an ordinary disability retirement allowance as provided for under section 6 of P.L.1944, c.255 (C.43:16A-6).

8. (New section) A psychiatrist or licensed psychologist who acts in good faith and in accordance with currently accepted medical standards in performing evaluations pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be subject to civil liability with respect to these evaluations.

9. (New section) The Attorney General shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). These rules and regulations shall designate psychiatrists or licensed psychologists the Attorney General deems eligible to administer the evaluations required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

10. This act shall take effect on the first day of the fourth month next following enactment, but the Attorney General may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires that prior to appointment, candidates for positions as municipal, county, and campus law enforcement officers, as well as sheriff's officers, submit to a psychological evaluation. The bill defines a "psychological evaluation" as an oral interview and at least one professionally recognized clinical test developed by a psychiatrist or licensed psychologist to determine that the candidate or officer is free from any emotional or mental condition which may adversely affect the performance of law enforcement duties, including but not limited to implicit bias.

These law enforcement officers also would be required to submit to a second psychological evaluation at the conclusion of the probationary period and then every five years thereafter.

In addition, the bill permits "fitness-for-duty" evaluations with reason or for cause. The purpose of these evaluations is to determine if the officer remains able to carry out the officer's law enforcement duties. Reason or cause is established if an officer engages in conduct that poses a danger to the officer or another person. The conduct may include drug or alcohol abuse, acts of violence, abuse of authority or receipt of a disproportionate number of citizen complaints against the officer.

The bill provides that law enforcement officers are entitled to review the results of any psychological evaluations performed on them and that they have the right to hire a psychiatrist or licensed psychologist of their choice to review the evaluations. Officers terminated based on the results of a psychological examination would be entitled to an ordinary disability retirement allowance. Under current law, ordinary disability retirement is granted to law enforcement officers under the age of 55 with four or more years of service who cannot perform their duties or any other available duties due to a certified mental or physical incapacitation that is likely to be permanent.

Under the bill, psychiatrists and licensed psychologists who act in good faith and in accordance with currently accepted medical standards in performing the required evaluations would not be held civilly liable with respect to these evaluations.

The bill further requires the Attorney General to promulgate rules and regulations governing the psychological evaluations of law enforcement officers. The rules are to include a list of licensed psychiatrists or psychologists who the Attorney General has deemed qualified to administer the evaluations.

Although many police departments currently require police officer candidates to pass a psychological test, there is no statutory law that imposes this requirement. Under the bill, all police departments, including those that currently do not require these evaluations, would be required to psychologically test candidates. Further, every police department would be required to perform psychological evaluations of police officers after they complete initial police academy training, as well as every five years thereafter.