ASSEMBLY, No. 1939

STATE OF NEW JERSEY

INTRODUCED MAY 6, 1996

By Assemblywoman TURNER

An Act requiring State reimbursement to the counties for the costs of maintenance and operation of county prosecutors' offices and supplementing Title 2A of the New Jersey Statutes.

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

    1.a. Notwithstanding the provisions of any other law to the contrary, all costs incurred and sums disbursed by any county in providing offices and other physical facilities and equipment for the use of the office of the county prosecutor and in maintaining the office and its operations, including the payment of the compensation of the prosecutor, the assistant prosecutors, other staff members and personnel employed in the office of the county prosecutor, shall be reimbursed to the county by the State Treasurer on warrant of the Director of the Division of Budget and Accounting on vouchers certified or approved by the county treasurer and the Director of the Division of Local Government Services.

    b. Under the provisions of this section, a county shall also be reimbursed for any costs incurred by a county in indemnifying a county prosecutor or an employee of a county prosecutor's office as the result of any claim or civil action brought against a county prosecutor or an employee of a prosecutor's office as the result of any act or omission occurring in the performance of their duties.

    c. The funds acquired by a county pursuant to this section shall be appropriated by the county in compliance with the "Local Budget Law," P.L.1960, c.169 (N.J.S. 40A:4-1 et seq.). Notwithstanding any provisions of the "Local Budget Law," any county acquiring funds under this section may anticipate the receipt of the amount certified as a direct offset to the amount to be raised by taxation and may file whatever amendments or corrections in its budget as may be required to properly reflect the amount certified.

    2. This act shall take effect January 1, 1997 and shall apply to any costs incurred on or after that date.

STATEMENT

    Under New Jersey's Constitution, county prosecutors are constitutional officers appointed by the Governor with the advice and consent of the Senate. County prosecutors are primarily responsible for the enforcement of the State's criminal laws within their respective counties. The counties, while actually exercising little control over the operations of county prosecutors' offices, are presently responsible for funding those offices. In order to place fiscal responsibility for county prosecutors' offices where that responsibility properly belongs and to provide relief to New Jersey's property taxpayers,     this bill would require the State to reimburse the counties for any costs incurred by the counties in funding the operations of county prosecutor's offices.                 The bill would cover costs such as salaries, equipment and office space.      The bill also provides that a county would be eligible for reimbursement for any costs incurred in indemnifying a county prosecutor or an employee of a prosecutor's office as the result of a civil claim filed against the prosecutor or an employee in connection with the performance of their duties.

Requires the State to reimburse counties for costs incurred in connection with the operation of county prosecutors' offices.