ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 158

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 3, 1996

      The Assembly Law and Public Safety Committee reports favorably Assembly Bill No. 158 with committee amendments.

      Assembly Bill No. 158 supplements chapter 8 of Title 30 of the Revised Statutes to authorize appropriately trained juvenile detention officers in county juvenile facilities to carry a chemical agent or its natural equivalent while on duty.

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

      The committee, at the sponsor's request, amended the bill to clarify that the authority to carry a chemical agent, or it equivalent, while on duty in a county juvenile facility also requires the approval of the officer's superior.

      Finally, the bill provides that officers who are qualified and authorized to carry chemical agents or their natural equivalents may use them prior to any physical confrontations if the officer reasonably believes that their use is immediately necessary to protect himself and to avoid physical harm.

      This bill was pre-filed for introduction in the 1996 legislative session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.