This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.
Police Licensing Bill Moves Through Committees, Awaits Budget Committee Nods
A bill that would require the Police Training Commission (PTC) to establish and implement a police-licensing program moved out of substantive committees last week. S2742 (Greenstein)/A4194 (Reynolds-Jackson) passed out of the state Assembly and Senate Law and Public Safety committees and were referred to the respective budget committees to review the $6 million appropriation to fund the measure. The New Jersey State Bar Association has not taken a position on the bill itself, but a report from its Commission on Racial Equity in the Law (COREL) approves the concept as a strategy to combat anti-Black racism in the legal system and in the practice of law.
“New Jersey is one (1) of five (5) states that does not license police officers,” according to the report, which laid out recommendations for licensing requirements based on a review of those of other states. Those requirements include:
- Obtaining a degree from an accredited college or university;
- Admission to a PTC-approved academy, completion of the Basic Course for Police Officers, and passage of the PTC’s peace officer licensing examination;
- For those coming from other states, be employed as a law enforcement officer within the past six years and for at least three years and have a post-secondary degree from an accredited school or be employed as a law enforcement officer for at least five out of the last six years;
- For those coming from the military, have four years of cumulative experience in a law enforcement occupational specialty or two years of cumulative experience in a law enforcement occupational specialty plus a degree from an accredited post-secondary institution or experience as a full-time peace officer in another state combined with cumulative service experience in a military law enforcement occupational specialty totaling four years;
- Continuing education requirements of at least 24 hours within two years, eight of which come from an “Approved Provider” of training and specific requirements in areas including legal studies, technical studies, interpersonal perspectives, skill development in the area of firearms, racial profile training and electives.
In addition to these recommendations, the report suggested minimum standards for training in de-escalation techniques, implicit bias training, procedural justice training, mental health resources and support for law enforcement officers. Regarding de-escalation, it recommended a policy that officers have an affirmative duty to use de-escalation techniques whenever possible and examinations be administered to test their knowledge on the techniques every two years. Since the report was issued, COREL has been transitioned into a special committee of the NJSBA and is soliciting feedback on the report from affinity and county bar associations and other organizations. The report is available at njsba.com.
The bills now pending in the Legislature set forth minimum qualifications for licensing, probationary periods, due process procedures, revocation of license parameters, periodic training requirements and fees for training and licensing. A number of sections and committees within the Association are reviewing the measures, and, if passed, will examine the rules and regulations that are promulgated because of the legislation.