ASSEMBLY, No. 158

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman BUCCO

 

 

An Act concerning certain juvenile detention officers and supplementing chapter 8 of Title 30 of the Revised Statutes.

 

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

 

    1. a. A juvenile detention officer in a county juvenile facility who has successfully completed a training program in the use and effects of chemical agents and their natural equivalents, such as capsicum pepper, shall carry such chemical agents or natural equivalents while engaged in the actual performance of his official duties. The training program on the use and effects of chemical agents and their natural equivalents required under this section shall be approved and certified in accordance with the provisions of P.L.1961, c.56 (C.52:17B-66 et seq.).

    b. Any juvenile detention officer who, pursuant to the provisions of subsection a. of this section, is authorized to carry a chemical agent or natural equivalent shall be justified in using or discharging that agent or equivalent prior to any physical confrontation if the officer reasonably believes such use or discharge is immediately necessary for the purpose of protecting himself and to avoid physical harm.

 

    2. This act shall take effect on the first day of the second month following enactment.

 

 

STATEMENT

 

    This bill would authorize an appropriately trained juvenile detention officer in a county juvenile facility to carry a chemical agent or its natural equivalent, such as pepper gas, while on duty.

    To qualify to carry a chemical agent or its natural equivalent while on duty, a county juvenile detention officer would be required to successfully complete a training course on the use and effects of chemical agents and their natural equivalents that has been approved and certified by the Police Training Commission, as prescribed under P.L.1961, c.56 (C.52:17B-66 et seq.).

    The bill also authorizes officers who are qualified to carry chemical agents or their equivalents to use them prior to any physical confrontation if the officer reasonably believes that their use is immediately necessary to protect himself and to avoid physical harm.

    The purpose of the bill is to assure the personal safety of both the officers and the juveniles in these county facilities.

 

 

 

Authorizes trained county juvenile detention officers to carry chemical agents while on duty.