S2841

An Act concerning injured law enforcement officers and certain other employees and amending P.L.2017, c.93.

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

1. Section 1 of P.L.2017, c.93 (C.34:15-37.1) is amended to read as follows:

1. Any State [corrections] correctional police officer, juvenile corrections officer, or juvenile detention officer who, in the course of performing the officer's official duties, suffers [serious] bodily injury as the direct result of an assault by the inmates or detainees under the officer's custody or charge shall continue to receive full wages for up to [six] 12 months or until the officer begins receiving compensation for that injury under R.S.34:15-1 et seq., whichever comes first.

In addition to the compensation received under R.S.34:15-1 et seq., the injured officer shall receive regular supplemental payments from the officer's employer in an amount that is sufficient, when added to the compensation received under R.S.34:15-1 et seq., to equal the net wage of the injured officer at the time of the injury. The supplemental payments authorized under this section shall continue for up to [six] 12 months so long as the injured officer remains a State corrections officer, juvenile corrections officer, or juvenile detention officer and continues to be compensated under R.S.34:15-1 et seq.

The fringe benefits afforded an injured officer under the terms of a collective bargaining agreement, contract, or statute shall not be negated or impaired in any way and shall remain in full force and effect during the time that officer is receiving supplemental payments pursuant to this section.

(cf: P.L.2017, c.93, s.1)

2. Section 2 of P.L.2017, c.93 (C.34:15-37.2) is amended to read as follows:

2. Any parole officer who, while in the course of performing the officer's official duties, suffers [serious] bodily injury as the direct result of an assault by an adult or juvenile parolee under the officer's supervision shall continue to receive full wages for up to [six] 12 months or until the parole officer begins receiving compensation for that injury under R.S.34:15-1 et seq., whichever comes first.

In addition to the compensation received under R.S.34:15-1 et seq., the injured officer shall receive regular supplemental payments from the officer's employer in an amount that is sufficient, when added to the compensation received under R.S.34:15-1 et seq., to equal the net wage of the injured officer at the time of the injury. The supplemental payments authorized under this section shall continue for up to [six] 12 months so long as the injured officer remains a parole officer and continues to be compensated under R.S.34:15-1 et seq.

(cf: P.L.2017, c.93, s.2)

3. Section 3 of P.L.2017, c.93 (C.34:15-37.3) is amended to read as follows:

3. Any State Human Services police officer, State conservation officer, State park police officer, Palisades Interstate Park officer appointed pursuant to R.S.32:14-21, or full-time campus police officer appointed by a county college or four-year public institution of higher education pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) who, while in the course of performing the officer's official duties, suffers [serious] bodily injury as the direct result of an assault during the arrest or transportation of a suspect or other person in the officer's custody shall continue to receive full wages for up to [six] 12 months or until the officer begins receiving compensation for that injury under R.S.34:15-1 et seq., whichever comes first.

Any senior, recruit, or assistant supervising medical security officer working under the authority of the Department of Human Services who, in the course of performing the officer's official duties, suffers [serious] bodily injury as the direct result of an assault by a patient or resident who requires medical security shall continue to receive full wages for up to [six] 12 months or until the officer begins receiving compensation for that injury under R.S.34:15-1 et seq., whichever comes first.

In addition to the compensation received under R.S.34:15-1 et seq., the injured officer shall receive regular supplemental payments from the officer's employer in an amount that is sufficient, when added to the compensation received under R.S.34:15-1 et seq., to equal the net wage of the injured officer at the time of the injury. The supplemental payments authorized under this section shall continue for up to [six] 12 months so long as the injured officer remains a State Human Services police officer, State conservation officer, State park police officer, Palisades Interstate Park officer, campus police officer, or medical security officer and continues to be compensated under R.S.34:15-1 et seq.

(cf: P.L.2017, c.93, s.3)

4. Section 4 of P.L.2017, c.93 (C.34:15-37.4) is amended to read as follows:

4. Any civilian employee who directly works with or teaches inmates or detainees in a State correctional facility, juvenile correctional facility, or juvenile detention center who, in the course of performing the employee's official duties, suffers [serious] bodily injury as the direct result of an assault by the inmates or detainees with whom the employee works or teaches shall continue to receive full wages for up to [six] 12 months or until the employee begins receiving compensation for that injury under R.S.34:15-1 et seq., whichever comes first.

In addition to the compensation received under R.S.34:15-1 et seq., the injured employee shall receive regular supplemental payments from the employer in an amount that is sufficient, when added to the compensation received under R.S.34:15-1 et seq., to equal the net wage of the injured employee at the time of the injury. The supplemental payments authorized under this section shall continue for up to [six] 12 months so long as the injured employee remains employed by the State correctional facility, juvenile correctional facility, or juvenile detention center and continues to be compensated under R.S.34:15-1 et seq.

The fringe benefits afforded an injured employee under the terms of a collective bargaining agreement, contract, or statute shall not be negated or impaired in any way and shall remain in full force and effect during the time that employee is receiving supplemental payments pursuant to this section.

(cf: P.L.2017, c.93, s.4)

5. Section 5 of P.L.2017, c.93 (C.34:15-37.5) is amended to read as follows:

5. Any probation officer who, while in the course of performing the officer's official duties, suffers [serious] bodily injury as the direct result of an assault by a person placed on probation who is under the officer's supervision shall continue to receive full wages for up to [six] 12 months or until the probation officer begins receiving compensation for that injury under R.S.34:15-1 et seq., whichever comes first.

In addition to the compensation received under R.S.34:15-1 et seq., the injured officer shall receive regular supplemental payments from the officer's employer in an amount that is sufficient, when added to the compensation received under R.S.34:15-1 et seq., to equal the net wage of the injured officer at the time of the injury. The supplemental payments authorized under this section shall continue for up to [six] 12 months so long as the injured officer remains a probation officer and continues to be compensated under R.S.34:15-1 et seq.

(cf: P.L.2017, c.93, s.5)

6. Section 6 of P.L.2017, c.93 (C.34:15-37.6) is amended to read as follows:

6. As used in P.L.2017, c.93 (C.34:15-37.1 et seq.), "[serious] bodily injury" means [bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ] physical pain, illness, or any impairment of physical condition.

(cf: P.L.2017, c.93, s.6)

7. This act shall take effect immediately.

STATEMENT

This bill extends from six to 12 months a compensation program for law enforcement officers and certain civilian employees who suffer an injury as direct result of an assault by the inmates, detainees, or certain other individuals under their custody, care, or supervision. In addition, the bill revises the standard required to qualify for the compensation program from “serious bodily injury” to “bodily injury.”

P.L.2017, c.93 (C.34:15-37.1 et seq.) established a compensation program for State correctional police officers, juvenile corrections officers, juvenile detention officers, State conservation officers, State park police officers, State Human Services police officers, probation officers, and civilian employees who suffer serious bodily injury as the result of a riot or assault by the inmates or detainees under their custody and care. The program also is available to parole officers who suffer serious bodily injury as the result of an assault committed by an adult or juvenile parolee under their supervision. Under the program, injured officers and employees are entitled to their full salary from their employer for up to six months or until the start of their workers’ compensation payments, whichever occurs first. Once their workers’ compensation payments begin, the injured officers and employees are entitled to regular supplemental payments from their employer for up to six months.

Under the bill, injured officers and employees would be entitled to their full salary from their employer for up to 12 months or until workers’ compensation payments begin. An injured officer or employee would then receive supplemental payments for 12 months. The bill also revises the legal standard necessary to receive compensation payments from serious bodily injury to bodily injury. Under current law, serious bodily injury is defined as “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” Bodily injury is defined as “physical pain, illness, or any impairment of physical condition.”