[Second Reprint]

SENATE, No. 134

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators KYRILLOS and INVERSO

 

 

An Act concerning law enforcement officers2[,]and2 supplementing chapter 14 of Title 40A of the New Jersey Statutes 2[and amending 1R.S.39:5-40 and1 R.S.39:5-41]2.

 

    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 1and sheriff's officers1 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 1services1 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. 1[The services provided at] If a county establishes1 a crisis intervention 1services1 program 1[established]1 pursuant to this act 1, the services1 shall be available to 1[every] any1 law enforcement officer 1and sheriff's officer1 employed by any county law enforcement department or agency, or any municipal department, force or agency in the county 1[,]1 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. 1[Whenever] If a county establishes a crisis intervention services program pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill),1 any officer 1employed by any county law enforcement department or agency, or any municipal department, force or agency in the county who1 is 1actively1 involved in a critical incident, 1[that officer]1 shall be required to participate in the 1[center's] program's1 debriefing and counseling services before returning to active law enforcement duty 1unless, in the opinion of the chief executive officer of the law enforcement agency, the ability to deploy officers to preserve order and protect public safety requires a return to active duty pending scheduling of debriefing and counseling services, which shall occur as promptly as is practicable1.

    For the purpose of this subsection, critical incident shall mean an event involving the firing of a weapon or an exchange of gun fire; 1[an untimely death;] serious bodily1 injury to or the death of a juvenile; a terrorist act; a hostage situation; 1serious bodily1 injury to or the death of 1[an associate] another1 law enforcement officer 1employed in the same agency, when that serious bodily injury or death occurred1 in the performance of that officer's 1[actual] official1 duties; a 1[personal injury or wound] serious bodily injury1 received in the performance of the officer's 1[actual] official1 duties; and such other incidents or events as the county crisis intervention services advisory council 1[,]1 established pursuant to section 4 1of P.L.       , c.       ,(C. )(now pending before the Legislature as this bill)1 shall deem appropriate.

 

    3. (New section) a. The debriefing and counseling services available under 1[the] a1 program 1established pursuant to P.L. , c. ,(C. )(now pending before the Legislature as this bill) 1 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 1or sheriff's officers1 who may benefit from the services available under the county crisis intervention 1services1 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 1services1 program pursuant to 1[this act] P.L. , c. , (C. )(now pending before the Legislature as this bill)1 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 1services1 program. The council shall consist of a representative of the county Association of Chiefs of Police; a representative of 1[the exclusive bargaining representative or representatives, as the case may be,] a collective bargaining unit representing one1 of the several law enforcement agencies 1[, departments or forces]1 in the county; the County Prosecutor or his designee; a representative of the county Health Department specializing in mental health; 1and1 a certified or licensed psychologist who is experienced in the diagnosis and treatment of emotional, psychological, or post trauma stress disorders 1[; and such other persons, who by education or experience, the governing body deems appropriate]1.

 

    2[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 1subsection b. of R.S.39:5-40 and1 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 1 or sheriff's officers1 in the county.]2

 

    2[16. 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 this bill), $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 this bill), 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 Senate, No.133 1R Sca), $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 this bill), the full amount shall be forwarded to the State Treasurer.1

(cf: P.L.1942, c.334, s.8)]2

 

      2[1[6.] 7.1 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. 1[and] or1 b. of this section 1concerning the imposition, collection and forwarding of fines, penalties and forfeitures1 , $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 violation1[in] . In1 any county 1[which] that1 has established a law enforcement crisis intervention services program pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill) 1[. The amounts] ,$0.75 of the amount added to each fine, penalty and forfeiture1 collected pursuant to this subsection 1in that county1shall be forwarded 1[ by the judge to whom they are paid]1 to the county treasurer who shall deposit 1[them] that amount1 in the " (Name of County) Law Enforcement Crisis Intervention Services Program 1Fund1 " established pursuant to section 5 of P.L. , c. (C. )(now pending before the Legislature as this bill) 1,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 Senate, No. 133 (1R) Sca of 1996), $0.25 of the amount added to each fine, penalty and forfeiture collected pusuant 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 this bill), the full amount shall be forwarded to the State Treasurer1.

(cf: P.L.1993, c.293, s.5)]2

 

      1[7.] 2[8.1] 5.2 This act shall take effect 1[immediately] on the first day of the fourth month following enactment1.

 

 

 

Permits counties to establish crisis intervention services programs for law enforcement officers.