Bill Text: NJ S3931 | 2018-2019 | Regular Session | Introduced


Bill Title: Establishes "Law Enforcement Addiction Intervention Pilot Program" in Burlington County.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-06-13 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3931 Detail]

Download: New_Jersey-2018-S3931-Introduced.html

SENATE, No. 3931

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 13, 2019

 


 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Establishes "Law Enforcement Addiction Intervention Pilot Program" in Burlington County.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning addiction services for nonviolent criminal offenders and supplementing Title 30 of the Revised Statutes. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  There is established in the Department of Law and Public Safety an 18-month "Law Enforcement Addiction Intervention Pilot Program," which shall serve to refer certain nonviolent offenders charged with disorderly persons offenses, and others who are addicted to the use of controlled dangerous substances into an appropriate treatment program. The pilot program shall be established in Burlington County.

     b.    The Attorney General shall establish a county-wide addiction intervention task force which shall function under the direction of the county prosecutor to identify persons who are at risk of a drug overdose and have been charged with nonviolent disorderly persons offenses as a result of, or related to, substance use disorders. The task force shall be comprised of representatives from at least 15 law enforcement agencies in Burlington County and reflect a representative sample of the geographic locations and population sizes of the municipalities within the county

     In addition, individuals who voluntarily enter a police department and request assistance with their addiction may receive assistance from a member of the department. At the time of requesting assistance, an individual who is in possession of a controlled dangerous substance, controlled substance analog, or drug paraphernalia and advises a law enforcement officer of that possession and voluntarily surrenders the substance, analog, or paraphernalia to the law enforcement officer shall not be arrested, charged, prosecuted, or convicted for:

     (1)   obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;

     (2)   acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;

     (3)   unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to section 9 of P.L.1999, c.90 (C.2C:35-24); or

     (4)   using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or controlling or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6.

     The materials shall be collected and secured for later destruction in accordance with established procedures.

     c.     Members of the task force appointed pursuant to subsection b. of this section who identify persons addicted to the use of controlled dangerous substances shall refer them to a  trained recovery coach, an organization dedicated to providing  addiction treatment services, or an organization capable of referring persons to a program that provides addiction treatment services.  In order to evaluate the effectiveness of pre-arrest or post-arrest treatment referral programs, including the programs described in this section, the task force shall develop recommendations for procedures by which participating law enforcement agencies may monitor the progress of persons referred for treatment

     d.    The Director of the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Attorney General and the county prosecutor shall develop a curriculum for training law enforcement officers on police interactions with persons with substance use disorders.  Once developed, at least one law enforcement officer from each law enforcement agency in the county shall be trained utilizing the curriculum, which shall include, but not be limited to, the following subjects:

     (1)   identification and recognition of different forms of behavioral issues related to a substance use disorder;

     (2)   techniques, including relevant language training, which may be used by  law enforcement officers to intervene with, interview, and de-escalate a person who may have a substance use disorder;

     (3)   issues relating to suicide and prevention techniques; and

     (4)   an overview of community resources and options for treatment, including identification of local resources

     e.     A person may receive the referral services established by the pilot program and assistance provided pursuant to subsection b. of this section from any law enforcement agency in the county regardless of whether a representative from the agency is serving on the task force. 

     f.     The Attorney General shall submit to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report containing an evaluation of the pilot program not more than 30 days following the expiration of the pilot program. The report shall make recommendations concerning the effectiveness of the pre-arrest and post-arrest diversion techniques employed during the pilot program and methods by which law enforcement agencies may effectively work with partners in the recovery community and treatment providers to assist people struggling with addiction, as well as their families.  The task force also shall recommend whether the pilot program should be continued as a Statewide program.

     2.    This act shall take effect immediately and shall expire upon submission of the third annual report to the Governor and Legislature pursuant to section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).

 

 

STATEMENT

 

      This bill establishes in the Department of Law and Public Safety an 18-month "Law Enforcement Addiction Intervention Pilot Program," which would refer certain nonviolent offenders to an appropriate treatment program.  The pilot program would be established in Burlington County.

      Under the pilot program, the Attorney General is required to establish a county-wide addiction intervention task force which would work under the direction of the county prosecutor to identify

persons charged with non-violent disorderly persons offenses as a result of, or related to, substance use disorders. The task force is to be comprised of representatives from at least 15 law enforcement agencies in Burlington County and reflect a representative sample of the geographic locations and population sizes of the municipalities within the county.  In addition, individuals who voluntarily enter a police department and request assistance with their addiction may receive assistance from a member of the department.  The bill provides that a person is not to be arrested for certain drug possession crimes when asking for assistance with his or her addiction. 

     Members of the task force would be required to refer persons with substance use disorders to a trained recovery coach, an organization dedicated to providing addiction treatment services, or an organization capable of referring persons to a program that provides addiction treatment services.  In order to evaluate the effectiveness of pre-arrest or post-arrest treatment referral programs, the task force would be required to develop recommendations for procedures by which participating law enforcement agencies may monitor the progress of persons referred for treatment.

     The bill requires the Director of the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Attorney General and the county prosecutor to   develop a curriculum for training law enforcement officers on police interactions with persons with substance use disorders. Once developed, at least one law enforcement officer from each law enforcement agency in the county would be trained utilizing the curriculum.  The curriculum is required to include, but not be limited to, the following subjects:

     (1)   identification and recognition of different forms of behavioral issues related to substance use disorders;

     (2)   techniques, including relevant language training, which may be used by  law enforcement officers to intervene with, interview, and de-escalate a person who may have a substance use disorder;

     (3)   issues relating to suicide and prevention techniques; and

     (4)   an overview of community resources and options for treatment, including identification of local resources.    

     The bill requires the Attorney General to submit to the Governor and Legislature a report containing an evaluation of the pilot program not more than 30 days following the expiration of the pilot program. The report is to make recommendations concerning the effectiveness of the pre-arrest and post-arrest diversion techniques employed during the pilot program and methods by which law enforcement agencies may effectively work with partners in the recovery community and treatment providers to assist people struggling with addiction, as well as their families. In addition, the report is to recommend whether the pilot program should be continued as a Statewide program.

feedback