S628

An Act concerning Class Three special law enforcement officers and amending P.L.1985, c.439 and P.L.2016, c. 49.

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

1. Section 4 of P.L.1985, c.439 (C.40A:14-146.11) is amended to read as follows:

4. a. A person shall not commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the commission and a special law enforcement officer shall not be issued a firearm unless the officer has successfully completed the basic firearms course approved by the commission for permanent, regularly appointed police and annual requalification examinations as required by subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). There shall be three classifications for special police officers. The commission shall prescribe by rule or regulation the training standards to be established for each classification. Training may be in a commission approved academy or in any other training program which the commission may determine appropriate. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:

(1) Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. If authorized by ordinance or resolution, as appropriate, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and a Class One officer shall not be assigned any duties which may require the carrying or use of a firearm.

(2) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the commission.

(3) Class Three. (a) Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their

teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.

(b) Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a church, mosque, synagogue, temple, or any other building used by a congregation as a place of religious worship.

The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in subsection l. of N.J.S.2C:39-6 authorizing a retired law enforcement officer to carry a handgun.

b. The commission may, in its discretion, except from the requirements of this section any person who demonstrates to the commission's satisfaction that the person has successfully completed a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of this act.

c. The commission shall certify officers who have satisfactorily completed training programs and issue appropriate certificates to those officers. The certificate shall clearly state the category of certification for which the officer has been certified by the commission.

d. All special law enforcement officers appointed and in service on the effective date of this act may continue in service if within 24 months of the effective date of this act they will have completed all training and certification requirements of this act.

(cf: P.L.2016, c.68, s.2)

2. Section 4 of P.L.2016, c.49 (C.18A:58-37.11) is amended to read as follows:

4. a. The superintendent of schools of each school district in which a nonpublic school is located shall confer annually with the chief school administrator of each of the nonpublic schools to:

(1) advise the nonpublic school of the limit of funds available pursuant to this act;

(2) agree upon the security services, equipment, or technology to be provided to the students of the nonpublic school, within the limit of the funds that are available. In the event that the chief school administrator of the nonpublic school requests that the funds be used to finance the appointment of a Class Three special law enforcement officer pursuant to the provisions of subsection a. of section 4 of P.L.1985, c.439 (C.40A:14-146.11), the superintendent shall approve that request; and

(3) agree on the date when the board of education will meet to approve how the security services, equipment, or technology will be provided to the students of the nonpublic school.

b. In the event that the superintendent of schools and the chief school administrator of the nonpublic school are unable to agree regarding the security services, equipment, or technology to be provided for a safe and secure school environment, the executive county superintendent shall be consulted to determine the security services, equipment, or technology to be provided. The decision of the executive county superintendent shall be final.

(cf: P.L.2016, c.49, s.4)

3. This act shall take effect immediately.

STATEMENT

This bill expands the scope of where Class Three special law enforcement officers may provide security to include places of religious worship. The bill further provides that in the event that a nonpublic school requests that its nonpublic security aid received under P.L.2016, c. 49 (C.18A:58-37.8 et seq.) be used to finance the appointment of a Class Three special law enforcement officer, the superintendent of the school district is to approve that request. Under current law, the chief school administrator of a nonpublic school and the superintendent of the school district in which the nonpublic school is located annually meet to agree upon the security services, equipment, or technology to be provided to the students of the nonpublic school with the available nonpublic security aid. This bill will allow the nonpublic school to make a determination on the use of those funds for a Class Three special law enforcement officer.

P.L.2016, c.68 established an additional category of “Class Three” special law enforcement officers under the Special Law Enforcement Officers’ Act to provide security in this State’s public and nonpublic schools and county colleges. Appointed by the local police department, these officers are authorized to exercise the full powers and duties as those accorded full-time police officers of the department. A person is eligible to be appointed as a Class Three special law enforcement officer if he or she is a retired police officer less than 65 years old and has served as a duly qualified, fully-trained, full-time municipal or county police officer or was regularly employed as a full-time member of the State Police within the previous three years. The person also has to be physically capable of performing the job and have the appropriate law enforcement and safe schools resource officer training. These officers may only be employed to assist municipal police departments and are not to be employed to replace or substitute for full-time police officers. They may only be hired in a part-time capacity.

Specifically under the bill, in addition to providing security in public and nonpublic schools and county colleges, Class Three officers could provide security in churches, mosques, synagogues, temples, or any other building used by a congregation as a place of religious worship.