Bill Summary – FastDemocracy

LEGISLATIVE FISCAL ESTIMATE
                              [First Reprint]
                               ASSEMBLY, No. 4175
                             STATE OF NEW JERSEY
                               221st LEGISLATURE
                                         DATED: NOVEMBER 26, 2024
                                                  SUMMARY
    Synopsis:                   Concerns use of force by law enforcement officers under certain
                                circumstances and requires certain reporting of use of force incidents.
    Type of Impact:             Periodic State and local cost increases.
    Agencies Affected:          Department of Law and Public Safety; State, county, and municipal
                                law enforcement.
                                       Office of Legislative Services Estimate
    Fiscal Impact
    Periodic State Cost Increases                                   Indeterminate
    Periodic Local Cost Increases                                   Indeterminate
    The Office of Legislative Services (OLS) determines that the bill would result in a one-time
     indeterminate expenditure increase by the Department of Law and Public Safety to review and
     update the State’s use of force policy in accordance with four core principles laid out in the
     bill. The department could also incur some indeterminate upfront costs to issue guidelines and
     procedures for law enforcement encounters with a barricaded individual. Periodic costs would
     be incurred thereafter to update the policies as required.
    The OLS notes that the Office of the Attorney General issued a directive on August 22, 2024
     that revises Statewide use of force policies as they relate to law enforcement responses to
     barricaded individuals. As such, the provisions of the bill requiring that the department issue
     guidelines and procedures for law enforcement encounters involving a barricaded individual
     may not require any upfront costs to the department.
    The department would incur one-time indeterminate costs for the Police Training Commission
     to develop, or update, the basic training course curriculum to include training for officers and
     instructors on situations involving barricaded individuals. Further periodic cost increases to
     State and local law enforcement may result from the intermittent review and updating of the
     Statewide use of force policy, course curriculum, instruction, and examination.
      Office of Legislative Services                                    Legislative Budget and Finance Office
           State House Annex                                                    Phone (609) 847-3105
              P.O. Box 068                                                       Fax (609) 777-2442
      Trenton, New Jersey 08625                                                  www.njleg.state.nj.us
                                           FE to A4175 [1R]
                                                  2
                                        BILL DESCRIPTION
    This bill requires the Department of Law and Public Safety to review and, if necessary, revise
its use of force policy in accordance with four core principles enumerated in the bill at least in
every even numbered year. As part of this process, the department is to hold three public hearings
throughout the State. The policy to be transmitted to law enforcement agents Statewide.
    The bill also requires the department to establish a procedure for reporting incidents involving
use of force by law enforcement officers. This information is to be compiled on a publicly
accessible website and will be subject to the Open Public Records Act.
    The bill requires the department to issue and revise, as needed, guidelines and procedures
applicable to law enforcement encounters involving a barricaded individual. Further, the Police
Training Commission is required to develop and include barricaded individual training for law
enforcement officers in all of its basic training courses.
                                         FISCAL ANALYSIS
EXECUTIVE BRANCH
   None received.
OFFICE OF LEGISLATIVE SERVICES
    The OLS determines that the bill would result in a one-time indeterminate expenditure increase
by the Department of Law and Public Safety to review and update the State’s use of force policy
in accordance with four core principles laid out in the bill. The department could also incur some
indeterminate upfront costs to issue guidelines and procedures for law enforcement encounters
with a barricaded individual. The OLS notes, however, that the Office of the Attorney General
issued a directive on August 22, 2024 that revises Statewide use of force policies as they relate to
law enforcement responses to barricaded individuals. As such, the provisions of the bill requiring
that the department issue guidelines and procedures for law enforcement encounters involving a
barricaded individual may not require any upfront costs to the department. Periodic costs would
be incurred thereafter to update these policies as required.
    The department would incur one-time indeterminate costs for the Police Training Commission
to develop, or update, the basic training course curriculum to include training for officers and
instructors on situations involving barricaded individuals. Further periodic cost increases to State
and local law enforcement may result from the intermittent review and updating of the Statewide
use of force policy, course curriculum, instruction, and examination.
  Section:      Law and Public Safety
  Analyst:      Kristin Brunner Santos
                Lead Fiscal Analyst
  Approved:     Thomas Koenig
                Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).