New Jersey § 52:17b-223

§ 52:17b-223.

The Legislature finds and declares: a. The citizens of the State of New Jersey are entitled to be protected and served

by law enforcement professionals who conduct themselves in accordance with the highest

standards of integrity, proficiency, and accountability. b. In December 1999, the State of New Jersey entered into a consent decree with the

Civil Rights Division of the United States Department of Justice, No. 99-5970 (MLC). c. The Governor's Advisory Committee on Police Standards, established pursuant to

Executive Order No. 29, issued by Governor Corzine on August 23, 2006, 1 conducted a thorough examination of the policies and practices of the State Police

and its compliance with the terms of the consent decree and of the Attorney General's

Office's oversight and direction. The Advisory Committee on Police Standards concluded that the State Police, the

Office of State Police Affairs, and the Attorney General had worked cooperatively

to rebuild public trust through significant revisions of State Police standing operating

procedures, by changing the relationship between the Attorney General's Office and

the State Police, and through the development of innovative management techniques. Based upon these findings, the Advisory Committee recommended that the State join

in a motion with the United States Department of Justice to terminate the consent

decree, subject to the condition that the significant reforms accomplished during

the term of the consent decree would be institutionalized, and, as appropriate, codified

by statute. d. The objective monitoring and independent oversight functions performed by the independent

monitoring team appointed by the United States District Court pursuant to the consent

decree have helped to promote and support the vigorous, lawful, and non-discriminatory

implementation of law enforcement practices and procedures. In recognition of the strong public interest in perpetuating the quality and standards

established under the consent decree, it is necessary and appropriate to maintain

an office to assume the functions that had been performed by the independent monitoring

team under the consent decree and to perform other duties in support of county and

municipal law enforcement agencies. e. Many of the reforms accomplished under the consent decree have been codified in

rules, regulations, standing operating procedures or operations instructions promulgated

by the superintendent and approved by the independent monitoring team appointed by

the United States District Court. However, the need for flexibility to account for developments in constitutional

law, the advent of new technologies, and the development of new best practices in

policing, makes it impracticable and inappropriate to codify all consent decree-related

rules, regulations, standing operating procedures and operations instructions in statutory

law. Rather, the reforms achieved under the consent decree can best be institutionalized

by mandating that any future changes to State Police rules, regulations, standing

operating procedures and operations instructions relating to the consent decree are

approved in writing by the Attorney General prior to issuance or adoption by the superintendent,

and by ensuring the issuance or modification of any rule, regulation, standing operating

procedure or operations instruction deemed necessary to maintain or enhance the practices

of the Division of State Police on matters pertaining to any applicable non-discrimination

policy established by the Attorney General; the law of arrest, search and seizure;

and the documentation of motor vehicle stops and law enforcement activities occurring

during the course of motor vehicle stops. 1

See, 38 N.J.R. 3696(a)