ASSEMBLY, No. 5047
STATE OF NEW JERSEY
218th LEGISLATURE
INTRODUCED FEBRUARY 14, 2019
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblywomen Jones and DiMaso
SYNOPSIS
Establishes “Law Enforcement Addiction Intervention Pilot Program” in Burlington County.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on June 6, 2019, with amendments.
An Act concerning addiction services for nonviolent criminal offenders and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is established in the Department of Law and Public Safety 1[a three-year] an 18-month1 “Law Enforcement Addiction Intervention Pilot Program,” which shall serve to 1[divert] refer1 certain nonviolent offenders 1charged with disorderly persons offenses, and others1 who are addicted to the use of controlled dangerous substances 1[away from the criminal justice system and]1 into an appropriate treatment program. The pilot program shall be established in Burlington County.
b. The Attorney General shall establish a county-wide addiction intervention task force 1which shall function under the direction of the county prosecutor1 to identify persons who are at risk of a drug overdose and have 1[committed] been charged with1 nonviolent 1[crimes] disorderly persons offenses1 as a result of, or related to, substance 1[abuse] use1 disorders. 1[Each municipal law enforcement agency in Burlington County shall assign one law enforcement officer to the county-wide addiction intervention task force] The task force shall be comprised of representatives from at least 15 law enforcement agencies in Burlington County and reflect a representative sample of the geographic locations and population sizes of the municipalities within the county1.
In addition, individuals who voluntarily enter a police department and request assistance with their addiction may receive assistance from a member of the 1[task force] department1. At the time of requesting assistance, an individual who is in possession of a controlled dangerous substance, controlled 1[dangerous]1 substance analog, or drug paraphernalia and advises a law enforcement officer of that possession and voluntarily surrenders the substance, analog, or paraphernalia to the law enforcement officer shall not be arrested, charged, prosecuted, or convicted for:
(1) obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;
(2) acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;
(3) unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to section 9 of P.L.1999, c.90 (C.2C:35-24); or
(4) using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or controlling or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6.
The materials shall be collected and secured for later destruction in accordance with established procedures.
c. Members of the task force appointed pursuant to subsection b. of this section who identify persons addicted to the use of controlled dangerous substances shall refer them to a 1[non-profit or] trained recovery coach, an1 organization dedicated to providing 1[law enforcement]1 addiction treatment 1[intervention]1 services 1, or an organization capable of referring persons to a program that provides addiction treatment services1. 1[In addition, the task force members shall continually monitor the person’s treatment progress and, if applicable, subsequent criminal violations] In order to evaluate the effectiveness of pre-arrest or post-arrest treatment referral programs, including the programs described in this section, the task force shall develop recommendations for procedures by which participating law enforcement agencies may monitor the progress of persons referred for treatment1.
d. The 1[law enforcement officers assigned to the task force shall receive training pertaining to police interactions with persons who have substance abuse disorders. The curriculum for the training shall be developed by the]1 Director of the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Attorney General 1[. The] and the county prosecutor shall develop a curriculum for training law enforcement officers on police interactions with persons with substance use disorders. Once developed, at least one law enforcement officer from each law enforcement agency in the county shall be trained utilizing the1 curriculum 1, which1 shall include, but not be limited to, the following subjects:
(1) identification and recognition of different forms of behavioral issues related to 1a1 substance 1[abuse] use1 disorder;
(2) techniques [for] 1, including relevant language training, which may be used by1 law enforcement 1officers1 to intervene with, interview, 1and1 de-escalate 1[, and assess]1 a person who may have a substance 1[abuse] use1 disorder;
(3) issues relating to suicide and prevention techniques; 1and1
(4) an overview of community resources and options for treatment, including identification of local resources 1[; and
(5) methods of determining appropriate treatment options and transfer thereto in collaboration with addiction treatment entities]1.
e. 1A person may receive the referral services established by the pilot program and assistance provided pursuant to subsection b. of this section from any law enforcement agency in the county regardless of whether a representative from the agency is serving on the task force.
f.1 The Attorney General shall submit to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report containing an evaluation of the pilot program not more than 1[one year after the implementation] 30 days following the expiration1 of the pilot program 1[, and annually thereafter for a total of three years]1. The report 1shall make recommendations concerning the effectiveness of the pre-arrest and post-arrest diversion techniques employed during the pilot program and methods by which law enforcement agencies may effectively work with partners in the recovery community and treatment providers to assist people struggling with addiction, as well as their families. The task force also1 shall recommend whether the pilot program should be continued as a Statewide program.
2. This act shall take effect immediately and shall expire upon submission of the third annual report to the Governor and Legislature pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).