A1720

An Act concerning cultural diversity and implicit bias basic training for police officers, supplementing P.L.2016, c.23, and amending P.L.1961, c.56.

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

1. (New section) a. The Police Training Commission shall include in the basic training course curriculum for police officers the cultural diversity training course materials developed or identified by the Department of Law and Public Safety pursuant to section 1 of P.L.2016, c.23 (C.52:17B-77.13).

b. The Department of Law and Public Safety shall develop or identify training course materials concerning implicit bias in policing. The Police Training Commission shall include these training course materials in the basic training course curriculum for police officers.

c. For the purposes of this section, “implicit bias” means having attitudes towards people or associating stereotypes with them without conscious knowledge.

2. Section 6 of P.L.1961, c.56 (C.52:17B-71) is amended to read as follows:

6. The commission is vested with the power, responsibility and duty:

a. To prescribe standards for the approval and continuation of approval of schools at which police training courses authorized by this act and in-service police training courses shall be conducted, including but not limited to currently existing regional, county, municipal, and police chief association police training schools or at which basic training courses and in-service training courses shall be conducted for State and county juvenile and adult correctional police officers and juvenile detention officers;

b. To approve and issue certificates of approval to these schools, to inspect the schools from time to time, and to revoke any approval or certificate issued to the schools;

c. To prescribe the curriculum, the minimum courses of study, attendance requirements, equipment and facilities, and standards of operation for these schools. Courses of study in crime prevention may be recommended to the Police Training Commission by the Crime Prevention Advisory Committee, established by section 2 of P.L.1985, c.1 (C.52:17B-77.1). The Police Training Commission may prescribe psychological and psychiatric examinations for police recruits while in the schools;

d. To prescribe minimum qualifications for instructors at these schools and to certify, as qualified, instructors for approved police training schools and to issue appropriate certificates to the instructors; minimum qualifications for these instructors shall include specialized training in cultural diversity and implicit bias in policing;

e. To certify police officers, correctional police officers, juvenile correctional police officers, and juvenile detention officers who have satisfactorily completed training programs and to issue appropriate certificates to the police officers, correctional police officers, juvenile correctional police officers, and juvenile detention officers;

f. To advise and consent in the appointment of an administrator of police services by the Attorney General pursuant to section 8 of P.L.1961, c.56 (C.52:17B-73);

g. (Deleted by amendment, P.L.1985, c.491.)

h. To make rules and regulations as may be reasonably necessary or appropriate to accomplish the purposes and objectives of this act;

i. To make a continuous study of police training methods and training methods for correctional police officers, juvenile correctional police officers, and juvenile detention officers and to consult and accept the cooperation of any recognized federal or State law enforcement agency or educational institution;

j. To consult and cooperate with universities, colleges, and institutes in the State for the development of specialized courses of study for police officers in police science and police administration;

k. To consult and cooperate with other departments and agencies of the State concerned with police training or the training of correctional police officers, juvenile correctional police officers, and juvenile detention officers;

l. To participate in unified programs and projects relating to police training and the training of correctional police officers, juvenile correctional police officers, and juvenile detention officers sponsored by any federal, State, or other public or private agency;

m. To perform other acts as may be necessary or appropriate to carry out its functions and duties as set forth in this act;

n. To extend the time limit for satisfactory completion of police training programs or programs for the training of correctional police officers, juvenile correctional police officers, and juvenile detention officers upon a finding that health, extraordinary workload, or other factors have, singly or in combination, effected a delay in the satisfactory completion of the training program;

o. (1) To furnish approved schools, for inclusion in their regular police training courses and curriculum, with information concerning the advisability of high speed chases, the risk caused by them, and the benefits resulting from them;

(2) To review and approve new standards and course curricula for police training courses or programs to be offered by approved schools for the training of police officers to be certified as a Drug Recognition Expert for detecting, identifying, and apprehending drug-impaired motor vehicle operators. The commission shall consult with the Cannabis Regulatory Commission established by section 31 of P.L.2019, c.153 (C.24:6I-24) with respect to any aspects of the course curricula that focus on impairment from the use of cannabis items as defined by section 3 of P.L.2021, c.16 (C.24:6I-33) or marijuana. Any police officer certified and recognized by the commission as a Drug Recognition Expert prior to the effective date of this section, as amended by the “New Jersey Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act,” P.L.2021, c.16 (C.24:6I-31 et al), shall continue to be recognized as certified until that certification has expired or is no longer considered valid as determined by the commission, or the certification is replaced by the police officer with a new certification in accordance with the new standards and course curricula described in the paragraph.

p. To review and approve new standards and course curricula developed by the Department of Corrections for both basic and in-service training of State and county correctional police officers and juvenile detention officers. These courses for the State correctional police officers and juvenile detention officers shall be centrally provided at the Corrections Officers' Training Academy of the Department of Corrections. Courses for the county correctional police officers and juvenile detention officers shall also be centrally provided at the Corrections Officers' Training Academy unless an off-grounds training program is established by the county. A county may elect to establish and conduct a basic training program for correctional police officers and juvenile detention officers seeking permanent appointment in that county. The Corrections Officers' Training Academy shall develop the curriculum of the basic training program to be conducted by a county;

q. To administer and distribute the monies in the Law Enforcement Officers Training and Equipment Fund established by section 9 of P.L.1996, c.115 (C.2C:43-3.3) and make rules and regulations for the administration and distribution of the monies as may be necessary or appropriate to accomplish the purpose for which the fund was established.

(cf: P.L.2021, c.16, s.85)

3. This act shall take effect on the first day of the fourth month next following enactment.

STATEMENT

This bill requires the Police Training Commission in the Division of Criminal Justice in the Department of Law and Public Safety to include cultural diversity and implicit bias training in the basic training course for police officers appointed to a police department or force.

Current law requires the Department of Law and Public Safety to develop or identify a uniform cultural diversity training course, including an on-line tutorial, which includes instruction promoting positive interaction with all members residing in the community, regardless of their race, ethnicity, religion, or sexual orientation. The training course is available to every State, county, municipal, and campus police department or force for in-service training of its officers. This bill would require this cultural diversity training to be administered to police officers during their mandated basic training.

The bill further requires the Department of Law and Public Safety to develop or identify training course materials concerning implicit bias in policing. The Police Training Commission also is required by the bill to include the implicit bias training course materials in the basic training for police officers. The bill defines “implicit bias” as having attitudes towards people or associating stereotypes with them without conscious knowledge.

Finally, the bill requires instructors at basic training academies for police officers to receive specialized training in cultural diversity and implicit bias in policing.