Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
Senator TROY SINGLETON
District 7 (Burlington)
Co-Sponsored by:
Senator O'Scanlon
SYNOPSIS
Allows persons who qualify under Deferred Action for Childhood Arrivals program to become law enforcement and corrections officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning law enforcement and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.110 (C.30:4-3.11) is amended to read as follows:
1. A person shall not be appointed as a correctional police officer of any correctional institution assigned, maintained, or operated by the Department of Corrections unless that person:
a. is a citizen of the United States or has been granted relief from federal immigration laws under the federal Deferred Action for Childhood Arrivals program;
b. is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
c. is sound in body and of good health;
d. is of good moral character; and
e. has not been convicted of any offense which would make the person unfit to perform the duties of the office as evidenced by a criminal history record background check.
(cf: P.L.2021, c.305, s.3)
2. Section 2 of P.L.1991, c.110 (C.30:8-18.1) is amended to read as follows:
2. No person shall be appointed as a corrections officer of any county correctional institution unless that person:
a. Is a citizen of the United States or has been granted relief from federal immigration laws under the federal Deferred Action for Childhood Arrivals program;
b. Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
c. Is sound in body and of good health;
d. Is of good moral character;
e. Has not been convicted of any offense which would make him unfit to perform the duties of his office.
(cf: P.L.1991, c.110, s.2)
3. N.J.S.40A:14-122 is amended to read as follows:
40A:14-122. Except as otherwise provided by law, no person shall be appointed as a member of the police department and force, unless he:
(1) is a citizen of the United States or has been granted relief from federal immigration laws under the federal Deferred Action for Childhood Arrivals program;
(2) is sound in body and of good health sufficient to satisfy the board of trustees of the police and firemen's retirement system of New Jersey as to his eligibility for membership in the retirement system;
(3) is able to read, write and speak the English language well and intelligently;
(4) is of good moral character, and has not been convicted of any criminal offense involving moral turpitude.
The appointing body, officer or officers of the municipality when authorized so to do, may employ such officers and other personnel for said police department and force as temporary employees in emergencies, or for certain specified parts of the year, as needed.
Except as otherwise provided by law, any permanent member or officer of such police department and force who shall be absent from duty without just cause or leave of absence, for a continuous period of 5 days, shall cease to be a member of such police department and force.
(cf: P.L.1971, c.443, s.4)
4. Section 6 of P.L.1995, c.284 (C.52:17B-174) is amended to read as follows:
6. a. The Juvenile Justice Commission shall employ, within the limits of available funds, juvenile corrections officers to staff each State secure juvenile facility and to provide security for other State juvenile facilities and programs including parole programs as deemed appropriate and to perform all other duties related to enforcement of confinement and conditions of release including execution of warrants and legal process. Juvenile corrections officers shall be in the competitive division of the career service established pursuant to N.J.S.11A:3-2, "policemen" within the meaning of section 1 of P.L.1944, c.255 (C.43:16A-1) and members of the Police and Firemen's Retirement System of New Jersey established pursuant to section 2 of P.L.1944, c.255 (C.43:16A-2), and shall be "employees" within the meaning of section 3 of P.L.1941, c.100 (C.34:13A-3).
b. Except as provided in subsection c. of this section, no person shall be appointed as a juvenile corrections officer unless that person:
(1) Is a citizen of the United States or has been granted relief from federal immigration laws under the federal Deferred Action for Childhood Arrivals program;
(2) Is able to read, write and speak the English language well and intelligently;
(3) Has a high school diploma or its equivalent;
(4) Is sound in body and of good health;
(5) Is of good moral character;
(6) Has not been convicted of any offense which would make the person unfit to perform the duties of a juvenile corrections officer;
(7) Has successfully completed the training course approved by the Police Training Commission and required by section 5 of P.L.1988, c.176 (C.52:17B-68.1) or is exempt pursuant to the provisions of that section; and
(8) Meets such other qualifications, including education and training, as may be specified by the commission in consultation with the Civil Service Commission.
c. (1) Pending appointment of a full complement of juvenile corrections officers who meet the requirements of subsection b. of this section, the commission and the Commissioner of Corrections shall arrange through agreement for the assignment of corrections officers necessary to fill the positions transferred pursuant to section 8 of P.L.1995, c.284 (C.52:17B-176). Corrections officers assigned to the commission pursuant to such an agreement shall be under the supervision of the commission during the period of assignment as provided by the agreement between the commission and the Commissioner of Corrections. The primary concerns of all agreements governing assignment and supervision shall be public safety and safety within the facilities and programs. No officer assigned pursuant to such an agreement shall, by virtue of such assignment, be considered an employee of the commission or lose or suffer any diminution of any right, power, privilege or benefit to which the employee would otherwise be entitled pursuant to the provisions of Title 11A of the New Jersey Statutes, Title 34 of the Revised Statutes, or Title 43 of the Revised Statutes, including any rights, powers, privileges or benefits as to salary, seniority, promotion, re-employment, retirement, pension or representation for purposes of collective barga