ASSEMBLY, No. 341
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman PASCRELL
An Act concerning certain State aid programs for law enforcement purposes, amending P.L.1993, c.220, repealing section 7 of P.L. 1993, c.220 and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1993, c.220 (C.52:17B-160) is amended to read as follows:
2. The Legislature finds and declares:
Crime and the fear of crime continue to grip far too many New Jersey residents. The volume of crimes committed in this State has risen by almost 10 percent over the past 10 years, according to the State Police, with violent crime comprising an ever-greater proportion of the total. A recent Statewide survey revealed that one of every seven New Jersey residents had been a crime victim within the past six months.
While crime has mushroomed, its face and scope have changed dramatically. Rural and suburban communities, formerly considered safe havens, are now plagued by crimes once thought confined to urban areas. In fact, offenses such as carjackings are as likely to occur in suburban shopping malls as in big cities.
As criminals have widened their base of operations, local efforts to cope with crime have been stretched dangerously thin by economic adversity. Cash-strapped communities across the State have laid off or restrained the hiring of police officers--the first line of defense against criminals. [These communities also have been required to curtail expenditures for the equipment--cars, radios and body armor--necessary for effective police operations.]
It is clearly time for action to deal with this epidemic of crime in a forceful, yet enlightened, manner. The Safe and Secure Communities Program, established by this act, will enable the police and the community to create a partnership designed to identify and develop strategies to impact crime and improve the quality of life by (1) combining State, federal and local resources to rapidly place 2,000 additional police officers in communities throughout the State, (2) [providing hard-pressed municipalities with funding to purchase the equipment vital to effective police operations, (3)]imposing an additional penalty on lawbreakers to establish a continuing source of funding to pay for these officers, [and equipment, (4)](3) deploying the additional officers [and equipment] in a focused, community-oriented manner that will assure their maximum impact in combatting crime, and[(5)](4) initiating such other programs as will meet the particular needs of municipalities.
(cf: P.L. 1993, c.220, s.2.)
2. Section 3 of P.L. 1993, c.220 (C.52:17B-161) is amended to read as follows:
3. As used in this act:
"Eligible municipality" means a municipality, which has a police department or force, in which the number of violent and nonviolent crimes per police officer exceeds 70% of the Statewide average of municipalities with a municipal police department or force, as reported in the 1991 Uniform Crime Report published by the Division of State Police.
"Fringe benefits" means payments made by the employer for an employee's retirement, social security, health and dental insurance, workers compensation, and unemployment, disability and survivor's insurance.
"Fund" means the Safe Neighborhoods Services Fund established by section 5 of this act.
["Law enforcement equipment" or "equipment" means that equipment required for the provision of law enforcement services including, but not limited to, police cars, computers and peripheral equipment, police radios and other communications gear, weapons and body armor for which a grant is awarded pursuant to section 9 of this act.]
"Law enforcement project" or "project" means a project employing police officers for which a grant is awarded pursuant to section 9 of this act.
"Other law enforcement personnel" means non-police employees who enhance a project's law enforcement capacity by performing paperwork and related support services, thereby allowing police officers to devote more time to direct community policing duties.
"Program" means the "Safe and Secure Communities Program" established by this act.
(cf: P.L. 1993, c.220, s.3.)
3. Section 5 of P.L. 1993, c.220 (C.52:17B-163) is amended to read as follows:
5. a. There is created in the Department of the Treasury a dedicated, nonlapsing fund entitled the "Safe Neighborhoods Services Fund." The fund shall be the depository for the assessments collected pursuant to section 11 of this act, for any State appropriations, federal grants received pursuant to subsection c. of this section, or other moneys provided to carry out the purposes of this act and for the interest earned on these deposits. The fund shall be administered by the State Treasurer.
b. [Of the] The moneys deposited in the fund[, 75%]shall be available exclusively for approved law enforcement projects [and 25% shall be available for the purchase of law enforcement equipment].
c. Notwithstanding the provisions of any law to the contrary, any federal funding received by the State, or for which the State is currently eligible or becomes eligible, for purposes within the purview of this act shall be deposited into the fund. To maximize the amount of moneys available for the purposes of this act, the Attorney General shall seek to secure all federal funds and grants available to the State for law enforcement purposes.
d. In no event shall moneys deposited in the fund be used to defray the cost of administering this act, except as provided in subsection e. of section 10 of this act.
(cf: P.L.1993, c.220, s.5.)
4. Section 6 of P.L.1993, c.220 (C.52:17B-164) is amended to read as follows:
6. a. An eligible municipality may apply to the Attorney General for a grant from the fund to pay the [initial] salaries of police officers and other law enforcement personnel deployed in a law enforcement project which is designed to meet the objectives of this act. [A municipality which receives a grant for a project shall be responsible for paying the fringe benefits of all police officers or other law enforcement personnel hired, which shall be deemed the local cash match.] A municipality shall further agree, as a condition of a grant awarded pursuant to this act, not to reduce its regular complement of police officers and other law enforcement personnel during the grant period.
b. Applications for project grants shall be made in a manner prescribed by the Attorney General. The grant application shall describe the municipality's need for grant funding, the purpose and duration of the proposed project, how the funding will be used to further the objectives stated in section 4 of this act, and the indicators by which progress in achieving these objectives and the project's purpose will be measured.
(cf: P.L.1993, c.220, s.6.)
5. Section 9 of P.L. 1993, c.220 (C.52:17B-167) is amended to read as follows:
9. a. There is hereby created the Safe and Secure Communities Selection Panel. The panel shall consist of [eight] 11 members selected as follows: [three] two members of the Senate appointed by the President of the Senate, no more than [two] one of whom shall be of the same political party; [three] two members of the General Assembly appointed by the Speaker of the General Assembly, no more than [two] one of whom shall be of the same political party; five public members appointed by the Governor, two of whom shall be elected members of local governing bodies and three of whom shall be representatives of recognized law enforcement associations such as the New Jersey State Patrolmen's Benevolent Association, the Fraternal Order of Police, the New Jersey State Association of Chiefs of Police, and the New Jersey Law Enforcement Officers Association; and the Attorney General and the Commissioner of Community Affairs, who shall serve ex officio. [Appointed] Public members shall serve [the duration of the current legislative term] for terms of two years; provided, however, of the members first appointed, two shall be designated to serve a term of two years and three shall be designated to serve a term of one year. Thereafter all public appointees shall serve terms of two years. Public members may be reappointed. Legislative members shall serve during the two-year legislative session in which they were appointed and may be reappointed. Vacancies shall be filled in the same manner as the original appointment was made.
b. The Attorney General on or before September 1 and March 1 of each year shall forward to the panel his recommendations for the award of program grants pursuant to subsection b. of section 10 of this act.
c. The panel shall review applications for program grants and, after considering the recommendations of the Attorney General and the criteria established by this act, select grant recipients.
d. No more than 50% of the total dollar amount of grants awarded from the fund shall be allocated to municipalities eligible to receive state aid pursuant to subsections a., b. and c. of section 1 of P.L.1985, c.170 (C.52:27D-118.11).
e. No municipality shall receive a grant exceeding $200,000 [for a project or $50,000 for equipment]. However, if funding remains after all approved [projects and law enforcement equipment] grants have been funded in any program year, funding in excess of the amount specified in this subsection may be awarded to grantees upon recommendation of the Attorney General and approval by the Safe and Secure Communities Selection Panel.
f. Initial grants under this program will be awarded only during the first two program years following the effective date of this act.
g. A municipality which receives a grant for a project under this act may receive funding in subsequent years to continue that project. Approval of a continuation grant shall be contingent upon certification by the Attorney General that the project is effectively meeting the objectives of this act. A municipality that is eligible to receive an initial grant under this act shall be eligible to receive continuation funding.
(cf: P.L.1993, c.220, s.9.)
6. Section 7 of P.L. 1993, c.220 (C.52:17B-165) is repealed.
7. There is appropriated from the General Fund the sum of $9,000,000 to the Department of Treasury for deposit into the Safe Neighborhoods Services Fund.
8. This act shall take effect immediately.
STATEMENT
This bill revises the "Safe and Secure Communities Program" established under P.L. 1993, c.220 (C.52:17B-159 et seq.) and reconstitutes the "Safe and Secure Communities Selection Panel" which reviews and approves the grants awarded under that program. The bill also appropriates $9,000,000 to provide grant funds for the current fiscal year to replace funds lapsed in the Fiscal Year 1996 Appropriations Act (P.L.1995, c.164).
Under the provisions of this bill, the thrust of the "Safe and Secure Communities Act" (P.L.993, c.220; C.52:17B-159 et seq.) is changed. Under the original statute, the "Safe and Secure Communities Program" had a dual purpose. It was designed to provide grants to assist local governmental units in hiring additional law enforcement officers and in purchasing law enforcement equipment. Both types of grants required a local "match." In the case of grants awarded for law enforcement equipment, the local governing body was expected to provide a cash match equal to no less than 25% of the grant. In the case of grants awarded for law enforcement personnel, the local governing body was expected to assume to costs of the fringe benefits of the new law enforcement officers.
This bill revises the program so that all the grants are to be used exclusively for the purpose of hiring additional law enforcement personnel. The bill also revises the program by eliminating the local "match" requirement. The elimination of the "matching" requirement is important because some municipalities simply do not have the funds necessary to provide the "match."
To avoid a reoccurrence of the current funding problem that was created when available moneys in the fund were "lapsed" and used for other budgetary purposes, the sponsor has added language to clarify that the moneys in the fund are dedicated exclusively for public safety purposes, specifically the hiring of additional police officers
In addition, the bill restructures the "Safe and Secure Communities Selection Panel." The panel presently is composed of six Legislators, the Attorney General and the Commissioner of Community Affairs. Under this bill, the panel is expanded to 11 members. In its new form, the panel would have four Legislators, five public members, the Attorney General, and the Commissioner of Community Affairs. The bill specifies that the public members appointed by the Governor must include three representatives from recognized law enforcement associations such as the New Jersey State Patrolmen's Benevolent Association, the Fraternal Order of Police, the New Jersey State Association of Chiefs of Police, and the New Jersey Law Enforcement Officers Association, and two local elected officials.
Finally, the bill appropriates $9,000,000 to fund the program.
Revises Safe and Secure Communities program; reconstitutes panel; appropriates $9 million.