Tue. Oct 22nd, 2024

Supporters of the bill said it would provide more oversight and protect not just the victims of police force but law enforcement as well. (Photo by New Jersey Monitor)

The Attorney General’s Office would be required to review the state’s police use-of-force policy at least every two years under a bill advanced unanimously by the Assembly Judiciary Committee Monday.

Supporters of the bill said it would provide more oversight and protect not just the victims of police force but law enforcement as well.

“The more clarification we have and the more uniformity we have, it’s not just to protect the public, but it’s also to protect our police officers, give them some sort of guidance and give them instruction,” said bill sponsor Assemblywoman Ellen Park (D-Bergen).

The legislation would require the attorney general to review how the use-of-force policy follows certain principles, including respecting the sanctity of human life, serving communities, prioritizing measures like de-escalation before using force, and using deadly force as a last resort.

The attorney general would also be mandated under the bill to hold three public hearings, one each in the northern, central, and southern parts of the state, for feedback on improvements.

The proposed legislation highlights the importance of coordination between law enforcement and mental health professionals in encounters with barricaded people.

The bill comes nearly three months after Fort Lee woman Victoria Lee was shot and killed by police while suffering what her family said was a mental health crisis. Amber Reed, president of AAPI New Jersey, the state’s largest nonprofit advocating for Asian Americans, said she believes the police who shot Lee violated multiple of the core principles laid out in the legislation.

“In speaking with other advocates in other states across the country who have also struggled for answers and accountability in the aftermath of fatal police encounters, I realize how much it means to have these affirmative principles,” she said.

Lee’s death followed a number of recent, high-profile police shootings where the victims had barricaded themselves behind closed doors, prompting Attorney General Matthew Platkin to release revised guidelines that determine how police should deal with barricaded peopleUnder the new policy, police are required to bring a mental health professional when they respond to calls of barricaded people, bring fewer lethal weapons to those calls, and immediately involve a supervisor.

Park said the bill codifies these guidelines. Under the measure, the Police Training Commission would develop training on barricaded individuals for law enforcement officers’ basic training courses. The mandatory training would include how to respond to barricaded people and interact with people going through behavioral or mental health crises.

New Jersey revamped its use-of-force policy in 2020 for the first time in more than two decades. It took a larger approach to de-escalation training, while a 2022 directive required all law enforcement agencies to complete their training by the end of that year.

The bill would also require information about all use-of-force incidents to be publicly accessible on a website and subject to public records requests. The state’s current use-of-force public database includes reports between Oct. 1, 2020, and Sept. 30, 2024. 

Racquel Romans-Henry, policy director of Salvation and Social Justice, said there have been “numerous incidents where the application of force by police has led to egregious and tragic outcomes.” Andrew WashingtonNajee SeabrooksJameek Lowery, and Jajuan Henderson were just some of the victims of excessive force, she said, and the necessity for this legislation “cannot be overstated.”

“We always knew that a large part of correcting the issues that exist in the state were going to include not just creating alternatives, but really addressing this issue of use of force amongst our police,” she said.

The Fraternal Order of Police asked lawmakers to allow more time for implementation (the bill requires it be effective immediately). Peter Guzzo, a lobbyist for the group, said it has no problem with the intent of the bill but wonders whether there should be additional funding for new training. 

“We think there should be a time frame for this to be done. The Police Training Commission, right now, has a lot on its table in terms of training,” he said. “This is adding another training procedure or process to its requirements, and it’s going to take a while to actually implement this.”

The Senate’s companion bill was advanced by the Senate Law and Public Safety Committee, and has yet to be heard in the chamber’s budget committee.

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