[Second Reprint]

SENATE, No. 133

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators KYRILLOS and INVERSO

 

 

An Act establishing a toll-free "Law Enforcement Officer Crisis Intervention Services" telephone hotline, supplementing 1[chapter 1 of Title 30 of the Revised Statutes] Title 11A of the New Jersey Statutes1 and amending 2[N.J.S.2C:64-6] R.S.39:5-40 and R.S.39:5-412.

 

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

 

    1. (New section) a. The Commissioner of 1[Human Services] Personnel1 shall establish and maintain, on a 24-hour daily basis, a toll-free information "Law Enforcement Officer Crisis Intervention Services" telephone hotline. The hotline shall receive and respond to calls from law enforcement officers 2and sheriff's officers2 who have been involved in any event or incident which has produced personal or job-related depression, anxiety, stress, or other psychological or emotional tension, trauma, or disorder for the officer. The operators of the hotline shall seek to identify those officers who should be referred to further debriefing and counseling services, and to provide such referrals.

    b. The operators of the hotline shall be trained by the commissioner and, to the greatest extent possible, shall be persons, who by experience or education, are: (1) familiar with post trauma disorders and the emotional and psychological tensions, depressions, and anxieties unique to law enforcement officers 2 and sheriff's officers 2; or (2) trained to provide counseling services involving marriage and family life, substance abuse, personal stress management and other emotional or psychological disorders or conditions which may be likely to adversely affect the personal and professional well-being of a law enforcement officer 2and a sheriff's officer 2.

    c. To ensure the integrity of the telephone hotline and to encourage 2[law enforcement]2 officers to utilize it, the commissioner shall provide for the confidentiality of the names of the officers calling, the information discussed by that officer and the operator, and any referrals for further debriefing or counseling; provided, however, the commissioner may, by rule and regulation, establish guidelines providing for the tracking of any officer who exhibits a severe emotional or psychological disorder or condition which the operator handling the call reasonably believes might result in harm to the officer or others.

 

    2. (New section) The commissioner shall prepare a list of appropriately licensed or certified psychiatrists, psychologists, and social workers; other appropriately trained and qualified counselors; and experienced former law enforcement officers who are willing to accept referrals and to participate in the debriefing and counseling offered law enforcement officers 2and sheriff's officers2 under the provisions of this act.

 

    3. (New section) In establishing the hotline authorized under the provisions of section 1 of this act, the commissioner shall consult with a representative from the New Jersey Association of Chiefs of Police; a State representative from the New Jersey State Patrolmen's Benevolent Association, Fraternal Order of Police, 2the New Jersey Corrections Officers Association2 and any other exclusive bargaining representative for a law enforcement agency; and such others as 2[he] the commissioner2 may deem appropriate.

 

    2[4. N.J.S.2C:64-6 is amended to read as follows:

    2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated and used in accordance with the provisions of this chapter.

    The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. Notwithstanding any other provision of law, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture.

    The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.

    b. For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), 10% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).

    c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, 5% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).

    d. From the proceeds obtained by the Attorney General under the provisions of subsection a. of this section, such amounts as shall be necessary shall be appropriated to fund the establishment and operation of the "Law Enforcement Officer Crisis Intervention Services" telephone hotline authorized under the provisions of P.L. , c. (C. )(now pending before the Legislature as this bill).

(cf: P.L.1993, c.227, s.1)]2

 

     24. R.S.39:5-40 is amended to read as follows:

    39:5-40. a. Except as otherwise provided by this subtitle all moneys received in accordance with the provisions of this Title, whether from fines, penalties, forfeitures, registration fees, license fees, or otherwise, shall be accounted for and forwarded to the [commissioner] Director of the Division of Motor Vehicles, who shall pay the same over to the State Treasurer [, to be credited to the State Highway Fund and used for the purposes of such fund as provided by section 52:22-20 of the Title, State Government, Departments and Officers].

      b. Notwithstanding the provisions of subsection a. of this section concerning the forwarding of fines, penalties and forfeitures, $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 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. In any county that has established a law enforcement crisis intervention services program pursuant to P.L. , c. (C. )(now pending before the Legislature as Senate, No.134 Sca of 1996), $0.75 of the amount added to each fine, penalty and forfeiture collected pursuant to this subsection in that county shall be forwarded to the county treasurer who shall deposit that amount in the " (Name of County) Law Enforcement Crisis Intervention Services Program Fund" established pursuant to section 5 of P.L. , c. (C. )(now pending before the Legislature as Senate, No.134 Sca of 1996), and in order to defray the costs of the Law Enforcement Officer Crisis Intervention Services telephone hotline established pursuant to P.L.    , c. (C. ) (now pending before the Legislature as this bill), $0.25 of the amount added to each fine, penalty and forfeiture collected pursuant to this subsection shall be forwarded to the State Treasurer. In a county that has not established a crisis intervention services program pursuant to P.L. , c. (C. ) (now pending before the Legislature as Senate, No.134 Sca of 1996), the full amount shall be forwarded to the State Treasurer. 2

(cf: P.L.1942, c.334, s. 8)

 

      25. 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. or b. of this section concerning the imposition, collection and forwarding of fines, penalties and forfeitures, $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 that has established a law enforcement crisis intervention services program pursuant to P.L. , c. (C. )(now pending before the Legislature as Senate, No.134 Sca of 1996), $0.75 of the amount added to each fine, penalty and forfeiture collected pursuant to this subsection in that county shall be forwarded to the county treasurer who shall deposit that amount in the " (Name of County) Law Enforcement Crisis Intervention Services Program Fund" established pursuant to section 5 of P.L. , c. (C. )(now pending before the Legislature as Senate, No.134 Sca of 1996), and in order to defray the costs of the Law Enforcement Officer Crisis Intervention Services telephone hotline established pursuant to P.L. , c. (C. ) (now pending before the Legislature as this bill), $0.25 of the amount added to each fine, penalty and forfeiture collected pursuant to this subsection shall be forwarded to the State Treasurer. In a county that has not established a crisis intervention services program pursuant to P.L.    , c. (C. ) (now pending before the Legislature as Senate, No.134 Sca of 1996), the full amount shall be forwarded to the State Treasurer. 2

(cf: P.L.1993, c.293, s.5)

 

      2[5.] 6.2 This act shall take effect on the first day of the fourth month following enactment, but the Commissioner of 1[Human Services] Personnel1 may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

 

 

 

Establishes "Law Enforcement Officer Crisis Intervention Services" telephone hotline; imposes $1 surcharge on motor vehicle fines, penalties and forfeitures.