Bill > A4656

Introduced Session

This bill would authorize municipalities and counties to establish civilian review boards to review police operations and conduct. These boards would serve to foster transparency, fairness, and equality in policing practices and policies, which in turn will help promote positive relations between police and the local communities they serve. A municipal civilian review board would consist of at least seven members who are appointed by the mayor or other chief executive officer of the municipality with the consent of the governing body of the municipality. A county civilian review board would consist of at least seven members appointed by the board of county commissioners or, if the county is organized pursuant to the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county supervisor, or the county manager, as applicable, with the consent of the board of county commissioners. A county civilian review board would operate in municipalities that opt to participate with such board. The members of a civilian review board would be residents of the municipality or county, as applicable, who are qualified persons with training or experience in community relations, civil rights, law enforcement, juvenile justice, sociology, or other relevant fields. They would serve for terms of six years, with certain shorter terms for some of the initial board members to allow for staggered terms. Members of a civilian review board would be required to take a training course developed and provided by the Attorney General, or an alternative course approved by the Attorney General, within six months of appointment. The Attorney General would be required to develop its training course within 45 days of the bill's effective date and offer the first course as soon as practicable thereafter. A civilian review board could not investigate the conduct of any law enforcement officers, or recommend the imposition of discipline of such officers or members, without a quorum of members who have competed this training. A civilian review board would be permitted to utilize resources of the municipality or county to the extent that funds for the utilization of such resources are made available by the municipality, county, State, or other entity. The bill provides that it would be the duty of a civilian review board to: (1) conduct an investigation of the operation of the police force of the municipality, or other law enforcement officers that serve in the capacity of a municipal police force for the municipality, as applicable; (2) recommend the establishment of policies by the appropriate authority; (3) review and investigate the conduct of any law enforcement officer; and (4) recommend the imposition of discipline of such officer consistent with any tenure or civil service laws and contractual agreements. A civilian review board could only initiate one of these actions in response to a civilian complaint of excessive or unnecessary force, abuse of authority, discourtesy, or offensive language. A civilian review board would have the power to subpoena witnesses and documentary evidence. The board would also have any additional powers of inquiry delegated to the board by the municipality or county as deemed necessary for the conduct of any hearing or investigation. A civilian review board investigation may run concurrent to an internal affairs investigation of related conduct by law enforcement, but the civilian review board investigation would have to cease upon the initiation of a criminal prosecution concerning the related conduct. Further, a law enforcement agency may refrain from sharing evidence, or may direct a civilian review board to cease an investigation, if the law enforcement agency determines that evidence sharing, or the investigation itself, would be significantly detrimental to its disciplinary process due to the existence of a related criminal investigation. The bill permits an ordinance or resolution establishing a civilian review board to set forth guidelines for the operation of the board consistent with the provisions of the bill. The guidelines may adopt any relevant guidelines issued by the Attorney General. A civilian review board would report its findings and recommendations concerning police operations and conduct to the mayor or other chief executive officer of the municipality, the governing body of the municipality, the chief of police or other chief law enforcement officer of the municipality, the county prosecutor, and, in the case of a municipality in which the State Police serves in the capacity of a municipal police force for the municipality, the Superintendent of State Police and the Attorney General. Under the bill, all records made, maintained, or kept on file by a civilian review board would be confidential and unavailable to the public while an investigation is pending, and all personal identifying information contained in all records made, maintained, or kept on file by a civilian review board would be confidential and unavailable to the public at all times. The bill also provides that the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety be revised to require the disclosure of reports, complaints, and other investigative materials, including video, sound, or other recording, to the appropriate authority, as defined in N.J.S.40A:14-118, as well as any civilian review board. Lastly, the bill would appropriate $600,000 from the General Fund to the Attorney General to fund the civilian review board training course, or any reimbursements for the alternative training course, required by the bill.

Committee Categories

Angela Mcknight (D)*,  Shavonda Sumter (D)*,  Benjie Wimberly (D)*,  Ralph Caputo (D),  Linda Carter (D),  Nicholas Chiaravalloti (D),  Jamel Holley (D),  Mila Jasey (D),  Gordon Johnson (D),  John McKeon (D),  Verlina Reynolds-Jackson (D),  Bill Spearman (D),  Britnee Timberlake (D),  Cleopatra Tucker (D),  Valerie Vainieri Huttle (D), 

Recommitted to Assembly Budget Committee (on 06/21/2021)

Official Document