Bill > S1632

Introduced Session

This bill requires the Attorney General to direct the Office of Emergency Management to review the transfer of surplus military equipment to law enforcement agencies in this State under a federal Department of Defense program commonly referred to as the "1033 program." The review required by the bill is to include a historical overview of the operation of the federal program in this State and an analysis of the current policies on the distribution of equipment and whether this distribution correlates to the needs of the requesting law enforcement agency. Based on the review, the Attorney General is to consult with the Superintendent of State Police, the Director of the Division of Criminal Justice, and the county prosecutors to determine if applicable policies, procedures, and guidelines currently governing the program should be revised. The bill also requires the Attorney General to directly oversee the transfer of surplus federal military equipment to county and municipal law enforcement agencies in this State. Approval is to be based on criteria developed by the Attorney General, such as whether there is a need for the equipment by the local law enforcement agency; whether specialized training is necessary for safe usage of the equipment; and the extent of equipment storage and maintenance requirements. The bill also requires the Attorney General to submit to the Governor and the Legislature annual reports detailing these transfers, as well as State suspensions from the program. Federal law authorizes the transfer of military equipment held by the Department of Defense that otherwise might be destroyed, free-of-charge, to law enforcement agencies throughout the United States. Under the 1033 program, the equipment is required to be used for bona fide law enforcement purposes, particularly counter-drug and counterterrorism. To acquire this equipment, a law enforcement agency first must be approved by the Law Enforcement Support Office (LESO), the federal agency which oversees the program, as well as by a state coordinator who is appointed by the governor of each state. The state coordinator is responsible for ensuring that the program is not abused by participating law enforcement agencies. The New Jersey Office of Emergency Management in the Division of State Police serves as the coordinator in this State. The use of free military equipment by law enforcement agencies under the 1033 program has come under increased scrutiny since military equipment was used in the police response to demonstrations following the August 2014 tragedy in Ferguson, Missouri. In light of these developments, the Attorney General, as head of the State's Department of Law and Public Safety and as chief law enforcement officer of this State under the Criminal Justice Act of 1970, should directly oversee the operation of the 1033 program in this State. Currently, information on certain equipment transferred to law enforcement agencies is available by county, but not by municipality. The bill's reporting requirement will bring more transparency to the 1033 program by identifying the specific law enforcement agencies that have obtained surplus military equipment and the purpose for which it was obtained.

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Nia Gill (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 02/13/2020)