New Jersey-2010-S835-Introduced

An Act concerning the county prosecutors and amending and supplementing various sections of the statutory law.

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

1. (New section) Sections 1 through 13 of this act shall be known and may be cited as "The Prosecutorial Unification Act."

2. (New section) The Legislature finds and declares that:

a. Although the prosecution of crime is a State-wide function, New Jersey's current system provides for a separate prosecutor's office in each county which is funded by that county. This system has created inequities.

b. Prosecutors are constitutional officers who function independently of control by the county governing body. Thus, the counties do not have oversight over the operations of the prosecutors' offices. The counties have had to balance the financial needs of the prosecutors' offices with the need to provide essential county services.

c. As a result of the differing funding bases among the counties, the various county prosecutors have varying levels of resources available in order to fulfill their responsibilities.

d. Those differing bases and varying levels of available resources have hindered the development and implementation of a unified system for the prosecution of crime in this State.

e. If the State were to assume the costs of the prosecutors' offices, resources would be provided on a more equitable basis and the unification of prosecutorial functions would result in increased efficiency in fighting the problem of crime State-wide.

f. Furthermore, property tax relief would be afforded to the citizens of this State since the counties would no longer need to generate tax revenue currently required to pay the salaries and costs of county prosecutors and their staffs.

3. (New section) As used in this act:

a. "Base year amount" means the total local fiscal year 2010 expenditures for costs of the county prosecutor's office;

b. "County prosecutors' costs" means the costs incurred by each county for funding the office of the county prosecutor, including but not limited to the following: salaries, health benefits and pension costs of all prosecutorial employees, and centrally-budgeted items such as printing, supplies, and mail services;

c. "Director" means the Director of the Division of Local Government Services in the Department of Community Affairs;

d. "Prosecutorial employee" means any person employed by the county prior to January 1, 2011 to perform prosecutorial functions, including but not limited to the county prosecutor, assistant prosecutors, investigators, and detectives;

e. "Forfeiture monies" means any funds, or proceeds of the sale of forfeited property, obtained by the county prosecutors' offices as a result of seizures and forfeitures pursuant to N.J.S.2C:64-1 et seq., N.J.S.2C:41-1 to N.J.S.2C:41-6; sections 1, 11, and 12 of P.L.1981, c.167 (C.2C:41-1.1, C.2C:41-6.1, and C.2C:41-6.2); P.L.1994, c.121 (C.2C:21-23 through C.2C:21-29), or any other applicable sections of Title 2C of the New Jersey Statutes;

f. "Prosecutorial functions" means any duties and responsibilities performed in providing any services and direct support necessary for the effective operation of the county prosecutors' offices.

4. (New section) State costs, employees, and funds after 2010.

On and after January 1, 2011:

a. The State is required to reimburse counties for county prosecutors' costs pursuant to the schedules set forth in sections 6 of P.L. , c. (C. ) (now pending before the Legislature as this bill); and

b. Any forfeiture monies collected by county prosecutors' offices shall be considered State funds but shall continue to be maintained in separate accounts in each county and used solely for county law enforcement purposes.

5. (New section) State employees after 2011.

On and after January 1, 2012:

a. All employees of the county prosecutors' offices shall be employees of the State, situated in, but not of, the Department of Law and Public Safety; and

b. The counties are required to reimburse the State for county prosecutors' costs pursuant to the schedule's set forth in sections 7 of P.L. , c. (C. ) (now pending before the Legislature as this bill).

6. (New section) Schedule for reimbursement by State.

In 2011, the State shall reimburse the county for 10% of the county's base year amount. The reimbursement shall consist of quarterly payments made by the State on or before the following dates:

a. April 15, 2011;

b. July 15, 2011;

c. October 15, 2011; and

d. January 15, 2012.

7. (New section) Schedule for payment of county share.

a. In local fiscal years 2012 through 2019, each county shall pay a share of its base year amount as determined by the director based on the following schedule:

(1) 2012...... 80%of the base year amount;

(2) 2013..... 70% of the base year amount;

(3) 2014..... 60% of the base year amount;

(4) 2015..... 50% of the base year amount;

(5) 2016..... 40% of the base year amount;

(6) 2017..... 30% of the base year amount;

(7) 2018.... 20% of the base year amount;

(8) 2019.... 10% of the base year amount.

b. Each county shall pay the respective amounts established in subsection a. to the State Treasurer on the following schedule:

(1) 2012....... On May 15, 40% of the base year amount, and on

October 1, 40% of the base year amount;

(2) 2013....... On May 15, 35% of the base year amount, and on

October 1, 35% of the base year amount;

(3) 2014....... On May 15, 30% of the base year amount, and on

October 1, 30% of the base year amount;

(4) 2015....... On May 15, 25% of the base year amount, and on

October 1, 25% of the base year amount;

(5) 2016....... On May 15, 20% of the base year amount, and on

October 1, 20% of the base year amount;

(6) 2017....... On May 15, 15% of the base year amount, and on

October 1, 15% of the base year amount.

(7) 2018....... On May 15, 10% of the base year amount, and on

October 1, 10% of the base year amount;

(8) 2019....... On May 15, 5% of the base year amount, and on

October 1, 5% of the base year amount.

c. In local budget year 2020 and thereafter, no county shall be required to pay county prosecutor's costs.

d. No county shall be required to pay the employer pension contribution on behalf of any employee who becomes an employee of the State under this act after the date the person becomes an employee of the State. However, notwithstanding the provisions of subsections b. and c. above, it shall continue to be the responsibility of each county to pay any additional liability for any employee who would have become an employee of the State under this act but who retired and received a benefit under P.L.1993, c.138 as provided under that act, and the liability for late enrollment of an employee in the Public Employees' Retirement System, whose date of compulsory enrollment is prior to the date the person becomes an employee of the State under this act, as provided under section 48 of P.L.1971, c.213 (C.43:15A-7.1).

8. (New section) The Director of the Division of Local Government Services in the Department of Community Affairs shall certify payment amounts, shall implement the schedule of payments and shall direct the manner by which the State shall make reimbursements to each county and by which each county shall make payment to the State pursuant to the provisions of this act.

9. (New section) After January 1, 2011, no program which had been funded by the county and which involved the office of the county prosecutor prior to the implementation of "The Prosecutorial Unification Act," P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be curtailed or eliminated without the approval of the county prosecutor.

10. (New section) Disposition of furnishings, office equipment; service agreements; provision of claim, insurance information.

a. By September 1, 2010, a list shall be jointly developed by the Attorney General and the governing body of each county of the furnishings and office equipment currently used by the county prosecutor's office which shall become the property of the State on January 1, 2012.

b. (1) The Attorney General and the individual county governments may enter into service agreements for:

(a) Those services the Attorney General determines are necessary for the county to provide for the operations of the prosecutor's office in each county;

(b) The portion of the base year amount comprising debt service or lease payments for furnishings and office equipment; and

(c) Any other services or costs jointly agreed upon by the parties as necessary to the smooth transition or continued operation of the prosecutor's office.

(2) If the services referred to in subparagraph (a) of paragraph (1) of subsection b. of this section had been previously provided by the county, it shall be in the sole discretion of the Attorney General that the services be continued, and that the county shall provide the services for a cost in approximate proportion to the cost determined in the base year amount, subject to annual cost increases negotiated by the parties.

(3) Disputes as to continuance of service and charges by the county for such services may be determined by the director and made in a manner similar to that described in section 8 of P.L. , c. (C. ) (now pending before the Legislature as this bill).

(4) Revenue received by the county for the service agreement shall be appropriated in accordance with the "Local Budget Law," N.J.S.40A:4-1 et seq.

c. (1) By September 1, 2010 the counties shall provide to the Attorney General the following:

(a) a listing of all Notices of Claims which were filed after January 1, 2010;

(b) a loss history for all lines of insurance or self insurance for the past five years;

(c) a listing of all worker's compensation, occupational, ongoing medical and dependency claims prior to January 1, 2011;

(d) a listing of all outstanding claims with insurance carriers or against third parties;

(e) a listing of all vehicles with accident damage that will be transferred pursuant to this section;

(f) plans for all facilities and construction and age information on the facilities required by the companies currently insuring the contents.

(2) Any workers' compensation claim filed by a prosecutorial employee of a county, any tort claim, or any auto liability claim arising out of the maintenance, operation or use of any vehicle by a prosecutorial employee of a county where the date of loss was prior to January 1, 2011 shall be the liability of the county.

11. (New section) Determination of county tax levy.

For the purpose of determining the county tax levy upon which a county shall calculate its permissible tax levy, any amounts appropriated for the purposes described in section 7 of this act, shall be an exception pursuant to section 4 of P.L.1976, c.68 (C.40A:4-45.4). For the calculation of the local fiscal year 2011 permissible tax levy, the 2010 county tax levy prior to modification pursuant to section 4 of P.L.1976, c.68 (C.40A:4-45.4) shall be reduced by the base year amount calculated pursuant to section 5 of this act. The director is also authorized to make such adjustments to county budget cap calculations for matters unforeseen by this act, in a manner not inconsistent with the purposes of this act, and section 4 of P.L.1976, c.68 (C.40A:4-45.1).

12. (New section) Certification of payroll record information.

a. To facilitate the transfer of prosecutorial employees from county payroll processing to the State's payroll processing system the chief financial officer of each county shall certify payroll record information on each prosecutorial employee to the Attorney General according to a standard record format, procedure, and schedule collectively agreed to by representatives of the chief financial officers of the counties and the Attorney General and shall include the use of computer readable media in the transfer of payroll record information where applicable.

b. On December 31, 2011 the county shall issue a final paycheck which is complete and full, up to and including December 31, 2011 and satisfies all salary obligations due by the county to the prosecutorial employees, and all deductions related to calendar year 2011 obligations of the prosecutorial employees.

13. (New section) There shall be established in each county a temporary reserve fund entitled "County Purposes Tax Relief Fund." All moneys deposited in such fund pursuant to law prior to January 1, 2011, shall be used solely and exclusively by the county to reduce the amount required to be raised for county purposes by local property tax levy in the county budget year subsequent to the year in which they are collected. The Director of the Division of Local Government Services in the Department of Community Affairs shall certify that each county has complied with this section. If the director finds that moneys in the fund have not been used by a county solely and exclusively to reduce the amount required to be raised for county purposes by local property tax levy, the director shall direct that the county governing body make corrections to its budget.

14. Section 7 of P.L.1970, c.74 (C.52:17B-103) is amended to read as follows:

7. The Attorney General shall consult with and advise the several county prosecutors in matters relating to the duties of their office and shall maintain a general supervision over said county prosecutors with a view to obtaining effective and uniform enforcement of the criminal laws throughout the State. He may conduct periodic evaluations of each county prosecutor's office including audits of funds received and disbursed in the office of each county prosecutor.

Nothing in the provisions of "The Prosecutorial Unification Act," P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be construed to in any way expand or diminish the Attorney General's authority under current law to maintain a general supervision over the county prosecutors with a view to obtaining effective and uniform enforcement of the criminal laws throughout the State.

(cf: P.L.1970, c.74, s.7)

15. This act shall take effect immediately.

STATEMENT

Currently, the offices of the 21 county prosecutors in New Jersey are funded by the counties. This structure has created inequities among the counties, which have varying levels of available resources to pay for this essential function. In addition, the county prosecutors are constitutional officers who function independently of control by the county governing body. Pursuant to statute, the New Jersey Attorney General has authority to "consult with and advise" the county prosecutors.

This bill, "The Prosecutorial Unification Act," provides that the State would assume the costs of the county prosecutors' offices.

Under the bill, the State would reimburse the counties for one-tenth quarter of the costs of the county prosecutors' offices beginning January 1, 2011 with reimbursements made on a quarterly basis. County prosecutors and prosecutorial employees would become employees of the State on January 1, 2012, and the State would gradually assume all costs of the county prosecutors' offices over the next nine years. By local budget year 2020, counties would no longer be paying any of these costs.

The bill is not intended to in any way expand or diminish the Attorney General's authority under current law to maintain a general supervision over the county prosecutors. Under the bill, all prosecutors and prosecutorial employees would be situated in, but not of, the Department of Law and Public Safety. The bill also provides that no county-funded program involving the office of the county prosecutor which had existed prior to January 1, 2011 could be curtailed or eliminated without the approval of the county prosecutor.