Bill > S3637

Introduced Session

This bill establishes the Office of Inspector General for Prosecutorial Review. The Inspector General (IG) will be appointed to a five-year term by the Governor with the advice and consent of the Senate and is required to have experience as a prosecutor and criminal defense attorney. The IG will operate independently, without supervision or control by any other State officer or employee. Under the bill, the IG's primary role is to investigate allegations concerning the misconduct of a prosecutor or any member of a prosecution team, including detectives. To this end, the IG is to provide a confidential process for submitting complaints by both the public and government employees. The IG is responsible for organizing the office, hiring staff, and engaging consultants as needed, using a fair, competitive process to ensure independence and effectiveness. Under the bill, a prosecutor or member of the prosecution team under investigation for misconduct by the IG is prohibited from using privilege or work-product protection to withhold information from the IG if the prosecution related to that information has concluded. The bill grants the IG authority to compel testimony and request documents through subpoenas, requiring that all investigations adhere to national and professional standards. Additionally, the IG can request information, resources, and assistance from any State department or agency to fulfill its duties. The IG is also authorized to collaborate with other State oversight entities, such as the State Auditor, the State Commission of Investigation, the State Comptroller, and the State Inspector General, and may participate in joint investigations with these agencies. The IG has discretion to decline certain investigations and can refer cases involving potential criminal conduct to appropriate authorities. Whenever a criminal referral is made against a prosecutor, the IG is required to notify the Office of Attorney Ethics. Whenever a criminal referral is made against a detective who is part of a prosecution team, the IG is responsible for ensuring the referral is documented as part of the detective's personnel file. Under the provisions of the bill, the IG is required to maintain detailed records of referrals and outcomes and may disclose information as needed while safeguarding the confidentiality of ongoing investigations. The IG is to meet at least twice annually with other State oversight bodies to coordinate efforts, share information, and prevent duplication of work. After concluding an investigation, the IG is to submit a report with findings and recommendations to the Governor and Legislature, which will also be published online for public access.

AI Summary

Committee Categories

Joe Cryan (D)*,  Gordon Johnson (D)*,  Paul Moriarty (D), 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 09/19/2024)

Official Document