ASSEMBLY, No. 2036
STATE OF NEW JERSEY
INTRODUCED MAY 20, 1996
By Assemblyman DiGAETANO
An Act authorizing the appointment of certain deputy sheriffs and amending P.L.1975, c.272.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1975, c.272 (C.40A:9-117.2) is amended to read as follows:
1. a. In addition to the deputies authorized to be appointed pursuant to N.J.S.40A:9-117, the sheriff of any county [having a population of more than 850,000 inhabitants, according to the latest federal decennial census,]may designate and appoint to serve at the pleasure of the sheriff without compensation up to 85 persons to the positions of deputy sheriffs. [As an auxiliary force of the sheriff's office, they shall assist in providing for the health, safety and welfare of the people of the State of New Jersey and aid in the prevention of damage to and the destruction of property during any emergency and such other duties as may be prescribed and directed by the sheriff.]
b. No person shall be appointed as a deputy sheriff unless that person has first satisfied the appointment qualifications for special law enforcement officers as set forth in paragraphs (1) through (5) of subsection b., and in subsections c. and e. of section 3 of P.L.1985, c.439 (C.40A:14-146.10). In addition, no person shall be appointed as a deputy sheriff unless the person has successfully undergone psychological testing as approved by the Police Training Commission.
c. The sheriff or his designee shall review the performance of a deputy sheriff appointed pursuant to this section after each 30 hours of service or three months, whichever comes first. A deputy sheriff who receives a performance rating of less than satisfactory shall be subject to immediate dismissal.
d. No person shall be appointed to serve as a deputy sheriff if that person is serving as a special law enforcement officer or law enforcement officer in any municipality, county or state. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the sheriff's department shall be appointed as a deputy sheriff.
(cf: P.L.1981, c.462, s.47)
2. This act shall take effect immediately.
STATEMENT
This bill amends section 1 of P.L.1975, c.272 (C.40A:9-117.2) to permit the sheriffs of all counties to appoint up to 85 persons to the position of deputy sheriff, to serve without compensation at the pleasure of the sheriff. Under current law, this power is granted only to the sheriff of a county with a population of more than 850,000 persons, according to the latest federal decennial census. The bill prohibits the appointment of a person as a deputy sheriff unless that person has 1) satisfied the appointment qualifications for special law enforcement officers in paragraphs (1) through (5) of subsection b., and in subsections c. and e. of section 3 of P.L.1985, c.439 (C.40A:14-146.10), and 2) has successfully undergone psychological testing as approved by the Police Training Commission. It provides that a person could not be appointed to serve as a deputy sheriff if that person is serving as a special law enforcement officer or law enforcement officer in any municipality, county or state. In addition, no public official with responsibility for setting law enforcement policy or exercising authority over the budget of the sheriff's department could be appointed as a deputy sheriff under the bill's provisions. The bill also removes specific reference to the duties to be performed by these deputy sheriffs.
The bill also provides that the sheriff or his designee must review the performance of a deputy sheriff appointed after each 30 hours of service or three months, whichever comes first. A deputy sheriff who receives a performance rating of less than satisfactory would be subject to immediate dismissal.
Permits all sheriffs to appoint volunteer deputies.