ASSEMBLY, No. 807
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman FARRAGHER and Assemblyman CORODEMUS
An Act concerning law enforcement officers, supplementing chapter 14 of Title 40A of the New Jersey Statutes and amending R.S.39:5-41.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The governing body of any county, by ordinance or resolution, as appropriate, may provide for the establishment of a law enforcement crisis intervention services program. The purpose of the program is to provide post traumatic debriefing and counseling services for law enforcement officers who have been involved in incidents which may produce personal or job-related depression, anxiety, stress, or other psychological or emotional tensions, traumas, pressures or disorders.
A crisis intervention program established pursuant to this act shall be an independent agency of county government. It shall not be organized as a division, department, bureau, or as any other type of subdivision of any county law enforcement agency or of any other law enforcement department, force or agency of any municipality within the county.
To preserve the integrity of the services offered under the program, the facility shall not be located at or adjacent to any law enforcement facility, station or barracks in the county.
2. (New section) a. The services provided at a crisis intervention program established pursuant to this act shall be available to every law enforcement officer employed by any county law enforcement department or agency, or any municipal department, force or agency in the county, who is involved in an incident which may produce personal or job-related depression, anxiety, stress, or other psychological or emotional tensions, traumas, pressures or disorders.
b. Whenever any officer is involved in a critical incident, that officer shall be required to participate in the center's debriefing and counseling services before returning to active law enforcement duty.
For the purpose of this subsection, critical incident shall mean an event involving the firing of a weapon or an exchange of gun fire; an untimely death; injury to or the death of a juvenile; a terrorist act; a hostage situation; injury to or the death of an associate law enforcement officer in the performance of that officer's actual duties; a personal injury or wound received in the performance of the officer's actual duties; and such other incidents or events as the county crisis intervention services advisory council, established pursuant to section 4 of this act shall deem appropriate.
3. (New section) a. The debriefing and counseling services available under the program shall be provided by appropriately licensed or certified psychologists and social workers who are either employees of the county or under contract to provide such professional services to the county. No employee of a county or municipal law enforcement agency, department or force shall provide any debriefing or counseling services under the program; provided, however, nothing herein shall be construed to prohibit any county or municipal law enforcement agency, department or force from establishing an internal, administrative debriefing and counseling program to identify law enforcement officers who may benefit from the services available under the county crisis intervention program and to refer those officers to those services.
b. Former law enforcement officers and other persons who are not licensed or certified as psychologists or social workers and who are not currently employed by any county or municipal law enforcement agency may be employed by the county to provide debriefing and counseling services; provided those former law enforcement officers and other persons are:
(1) currently enrolled in an educational program to acquire such licensing or certification; or
(2) familiar with the emotional crises and psychological stresses, tensions and anxieties associated with law enforcement duty; or
(3) trained to provide specialized or supplemental counseling services involving domestic violence, substance abuse, gambling, marriage and family life, and such other topics as the county crisis intervention service advisory council, established pursuant to section 4 of this act, may deem necessary; and
(4) perform those debriefing and counseling services under the direct supervision of a licensed or certified psychologist, psychiatrist, or social worker.
4. (New section) The governing body of a county which establishes a county crisis intervention program pursuant to this act shall, by ordinance or resolution, as appropriate, organize a county crisis intervention services advisory council. The purpose of the council shall be to advise and assist in the organization and development of an effective county crisis intervention program. The council shall consist of a representative of the county Association of Chiefs of Police; a representative of the exclusive bargaining representative or representatives, as the case may be, of the several law enforcement agencies, departments or forces in the county; the County Prosecutor or his designee; a representative of the county Health Department specializing in mental health; a certified or licensed psychologist who is experienced in the diagnosis and treatment of emotional, psychological, or post trauma stress disorders; and such other persons, who by education or experience, the governing body deems appropriate.
5. (New section) In any county which establishes a law enforcement crisis intervention services program pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill), there is established a "(Name of County) Law Enforcement Crisis Intervention Services Program Fund" as a nonlapsing, revolving fund. The fund shall be administered by the county treasurer and shall be credited with the monies received pursuant to subsection d. of R.S.39:5-41. Monies in the fund shall be used exclusively to defray the costs incurred in providing crisis intervention services to law enforcement officers in the county.
6. R.S.39:5-41 is amended to read as follows:
39:5-41. a. All fines, penalties and forfeitures imposed and collected under authority of law for any violations of R.S.39:4-63 and R.S.39:4-64 shall be forwarded by the judge to whom the same have been paid to the proper financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance litter control activities in addition to or supplementing existing litter pickup and removal activities in the municipality.
b. Except as otherwise provided by subsection a. of this section, all fines, penalties and forfeitures imposed and collected under authority of law for any violations of the provisions of this Title, other than those violations in which the complainant is the director, a member of his staff, a member of the State Police, an inspector of the Board of Public Utilities, or a law enforcement officer of any other State agency, shall be forwarded by the judge to whom the same have been paid as follows: one-half of the total amount collected to the financial officer, as designated by the local governing body, of the respective municipalities wherein the violations occurred, to be used by the municipality for general municipal use and to defray the cost of operating the municipal court; and one-half of the total amount collected to the proper financial officer of the county wherein they were collected, to be used by the county as a fund for the construction, reconstruction, maintenance and repair of roads and bridges, snow removal, the acquisition and purchase of rights-of-way, and the purchase, replacement and repair of equipment for use on said roads and bridges therein. Up to 25% of the money received by a municipality pursuant to this subsection, but not more than the actual amount budgeted for the municipal court, whichever is less, may be used to upgrade case processing.
Whenever any county has deposited moneys collected pursuant to this section in a special trust fund in lieu of expending the same for the purposes authorized by this section, it may withdraw from said special trust fund in any year an amount which is not in excess of the amount expended by the county over the immediately preceding three-year period from general county revenues for said purposes. Such moneys withdrawn from the trust fund shall be accounted for and used as are other general county revenues.
c. (Deleted by amendment, P.L.1993, c.293).
d. Notwithstanding the provisions of subsection a. and b. of this section, $1 shall be added to the amount of each fine, penalty and forfeiture imposed and collected under authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in any county which has established a law enforcement crisis intervention services program pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill). The amounts collected pursuant to this subsection shall be forwarded by the judge to whom they are paid to the county treasurer who shall deposit them in the " (Name of County) Law Enforcement Crisis intervention Services Program" established pursuant to section 5 of P.L. , c. (C. )(now pending before the Legislature as this bill).
(cf: P.L.1993, c.293, s.5)
7. This act shall take effect immediately.
STATEMENT
This bill permits counties to establish crisis intervention service programs to provide post traumatic debriefing and counseling services for law enforcement officers who have been involved in incidents which may produce personal or job-related depression, anxiety, stress or other psychological or emotional tensions, traumas, pressures, or disorders.
Law enforcement is one of the most difficult and stressful occupations. Officers are constantly involved in events and incidents that can cause great emotional and psychological pressures which, in turn, can have an adverse effect on their personal and professional lives. As an occupational classification, law enforcement officers have an uncommonly high incidence of suicide, marital and family problems, alcohol and substance abuse, and other stress related disorders.
Under the provisions of this bill, a county could establish a crisis intervention program for the law enforcement officers working in the county. To preserve the integrity of the program and to encourage law enforcement officers to take advantage of the program's services, the bill requires that the program be organized as an independent agency of county government, rather than organized as a part of any county or municipal law enforcement agency or department. For the same reasons, the bill provides that all the employees of the program must be county employees or contractors rather than employees of any law enforcement agency and that the actual facility must not be located in or adjacent to any law enforcement facility, station or barracks.
While the debriefing and counseling services would be available to any law enforcement officer, the bill requires that any officer who is involved in a critical incident must participate in the program before returning to active duty. A critical incident is defined as an event involving a shooting; an untimely death; injury to or the death of a juvenile; a terrorist act; a hostage situation; injury to or the death of an associate law enforcement officer; personal wound or injury; or other emotional or psychologically stressful event.
The services are to be provided by properly licensed or certified psychologists and social workers. Again, to ensure the integrity or the program and protect the participating officers, the bill prohibits the use of law enforcement officers in debriefing and counseling services part of the program, but does encourage each county or municipal department to conduct its own debriefing and counseling services to help identify those needing the county services and referring those in need to those services.
To provide advisory assistance in organizing a crisis intervention program, the bill directs the governing body to establish a county crisis intervention services advisory council. The council is to include a representative of the county Association of Chiefs of Police; a representative from the union or unions, as the case may be, representing the law enforcement officers; the County Prosecutor or his designee; a representative of the county Department of Health specializing in mental health; a certified or licensed psychologist experienced in the diagnosis and treatment of emotional, psychological or post trauma stress disorders, and any other specialists the governing body thinks appropriate.
Finally, the bill amends R.S.39:5-41 to impose an additional $1 fee on every motor vehicle fine or penalty assessed and collected in a county that establishes a law enforcement crisis intervention services programs. The monies collected are to be deposited in a special county fund and utilized to defray the costs of the crisis intervention services program.
Permits counties to establish crisis intervention programs for law enforcement officers.