New_jersey Statute | Act | Code |Title 52 State Government, Departments And Officers| US Code - US Statute

52:17B-9. Department of State Police continued as Division of State Police Except as otherwise provided herein or as may be changed pursuant to authorization contained herein or in any other law, the organization of the existing Department of State Police is continued as the organization of the Division of State Police established hereunder. L.1948, c. 439, p. 1710, s. 9. 52:17B-9.1. State capitol police force; reconstitution in department of law and public safety; members; powers; oath The State Capitol Police Force created pursuant to R.S. 52:20-25 is hereby reconstituted in the Department of Law and Public Safety under the direction and supervision of the Superintendent of State Police. The State Capitol Police Force, as reconstituted, shall consist of the present members of said force with such officers of rank and grade as the Superintendent, with the approval of the Attorney General, shall designate. The officers of the force shall possess all police powers as other police officers, subject to the rules of the Division of State Police. Each member of the State Capitol Police Force shall take an oath that he will well and truly serve the State of New Jersey as an officer of the State Capitol Police Force, which oath shall be filed with the Secretary of State. L.1977, c. 135, s. 1, eff. July 1, 1977. 52:17B-9.2. Jurisdiction; duties and responsibilities a. The jurisdiction of the State Capitol Police Force shall cover all State Capitol grounds, adjoining parks, court rooms, jury rooms and assembly areas, and may be extended by the Governor to such other buildings and grounds owned, leased or used by the State and the adjacent and surrounding grounds and areas to and between such grounds as he may deem necessary to perform the duties set forth herein. Nothing herein shall be construed to prohibit the assignment, from time to time, of other personnel to perform specific police duties as the Governor may deem necessary to maintain law, order and decorum on said State buildings and grounds. b. The duties and responsibilities of the State Capitol Police Force shall include: (1) Maintenance of law, order and decorum on all State grounds as enumerated above; (2) The protection and policing of all areas used by the members of the Legislature, Executive and Judiciary, and the rendering and performing of services necessary to the proper, convenient and efficient performance of said members@ duties at, around, and between State grounds as set forth herein, and the offices used by members of the Legislature, Executive and Judiciary; and (3) Attaining such standards of training and competence as may be set by the Superintendent of State Police with the approval of the Attorney General. L.1977, c. 135, s. 2, eff. July 1, 1977. 52:17B-9.3. Equipment Such equipment as is assigned to the members of the State Capitol Police Force as of the date of enactment of this act shall remain with the force. The Division of State Police shall supply such equipment as is deemed necessary by the Superintendent. L.1977, c. 135, s. 3, eff. July 1, 1977. 52:17B-9.4. Rules and regulations The Superintendent of State Police shall be responsible for the establishment and promulgation of rules and regulations of the State Capitol Police Force, subject to the approval of the Attorney General. L.1977, c. 135, s. 4, eff. July 1, 1977. 52:17B-9.5. State marine police force; transfer from department of environmental protection to division of state police The supervisory force of marine patrolmen, created pursuant to section 17 of the ~New Jersey Boat Act of 1962,~ P.L.1962, c. 73 (C. 12:7-34.52), hereafter to be known as the State Marine Police Force, with all its powers and duties, is transferred from the Department of Environmental Protection to the Division of State Police in the Department of Law and Public Safety. The transfer directed by this section shall be made in accordance with the ~State Agency Transfer Act,~ P.L.1971, c. 375 (C. 52:14D-1 et seq.). L.1980, c. 96, s. 1, eff. July 1, 1981. 52:17B-9.6. Legislative findings The Legislature finds that more than 10,000 ~missing persons~ reports are filed in New Jersey each year and that hundreds of individual reports are turned into local police departments each week, and that the local police departments have neither the resources nor the experience to carry out a thorough missing persons investigation. The Legislature further finds that, without the expertise developed by experienced missing persons investigators, authorities may inadvertently pass over a report in which the missing person has actually been kidnapped or has met foul play. Federal and State law enforcement officials have recommended that missing persons cases in New Jersey could be better handled by a Statewide effort specializing in this matter. L.1983, c. 467, s. 1. 52:17B-9.7. Missing Persons Unit; establishment; supervisor and other personnel; appointment; compensation There is established within the Department of Law and Public Safety in the Division of State Police a Missing Persons Unit. The Superintendent of State Police shall appoint a supervisor of the unit with the rank and pay of at least a lieutenant in the New Jersey State Police, any other personnel, with the equivalent rank and pay of their positions in the New Jersey State Police, and any civilian personnel, including local law enforcement personnel, which he deems necessary to carry out the provisions of this act. All persons assigned to the Missing Persons Unit shall devote their full-time duties to carrying out the provisions of this act. L.1983, c. 467, s. 2. 52:17B-9.8. Powers, duties In addition to any other powers and duties vested in it by law or by the Attorney General, the unit shall: a. Coordinate, file and investigate all missing persons cases in this State, and cooperate with local law enforcement officials and federal law enforcement officials in the creation of a centralized office on missing persons in this State; b. Provide staff support for the work of the Commission on Missing Persons; c. Collect and maintain data on missing persons and unidentified bodies in this State and throughout the United States; d. Coordinate efforts with other states and with the federal government in the investigation of cases involving missing persons or unidentified bodies; e. Provide specialized training to law enforcement officers and medical examiners in this State, in conjunction with the Police Training Commission, which would enable them to more efficiently handle the tracing of missing persons and unidentified bodies on the local level; f. Employ the services of local law enforcement agencies or other social or governmental agencies. L.1983, c. 467, s. 3. 52:17B-9.8a. ~Missing child~ defined 1. As used in sections 1 through 3 of this act: ~Missing child~ means a person under 18 years of age reported to a law enforcement agency as being abducted, enticed away, taken, missing or a runaway. L.1995,c.395,s.1. 52:17B-9.8b. Notification of school district; records 2. a. Upon the receipt of a report of a missing child, the Missing Persons Unit established pursuant to section 2 of P.L.1983, c.467 (C.52:17B-9.7) shall notify the superintendent of the school district where the missing child is currently or was most recently enrolled of the disappearance and provide the superintendent with information concerning the identity of the missing child. The unit shall also promptly notify the superintendent if the child is located. b. When the superintendent of the school district is notified of the report, he shall mark the child@s school record. The record shall be marked in such a way that whenever a copy of or information regarding the record is requested, the school district will be aware that the record is that of a missing child. Once the superintendent has been notified by the Missing Persons Unit that the child has been located, the superintendent or his designee shall remove the mark from the record. c. If a copy of a marked school record is requested, the superintendent shall supply the record to the requestor without alerting him to the fact that the record has been marked, in accordance with the provisions governing access to pupil records pursuant to N.J.S.18A:36-19. After supplying a copy of or information regarding the marked record to the requestor, the superintendent shall immediately report the inquiry or any knowledge as to the whereabouts of the missing child to the unit. d. Upon notification of a request for a marked school record or other information concerning a missing child, the unit shall commence an investigation of the circumstances surrounding the request, including a search for any record that may exist showing who has legal custody of the child and for any record that may disclose an allegation of child abuse perpetrated against the child or an allegation of domestic violence perpetrated against a member of the child@s family. e. If a search, pursuant to subsection d. of this section, reveals that a child reported missing is in the custody of his legal guardian or if substantiated allegations of child abuse against the child or any order protecting a family member from domestic violence exists, the unit shall continue the investigation without disclosing the whereabouts of the child or his guardian to the person who reported the child missing. L.1995,c.395,s.2. 52:17B-9.8c. Notification of State registrar of vital statistics; records 3. a. Upon receipt of a report of a missing child, the Missing Persons Unit shall notify the State registrar of vital statistics in the Department of Health of the disappearance and provide him with information concerning the identity of the missing child. The unit shall also promptly notify the State registrar if the child has been located. b. Upon receiving notification from the unit, the State registrar shall mark the child@s birth certificate. The birth certificate shall be marked in such a manner that whenever a copy of or information regarding the birth certificate is requested, the State registrar shall be aware that the certificate is that of a missing child. Once the State registrar has been notified by the Missing Persons Unit that the child has been located, the State or local registrar shall remove the mark from the record. c. If a copy of the child@s birth certificate is requested, the State registrar shall supply the birth certificate to the requestor without alerting him to the fact that the birth certificate has been marked. After supplying a copy of or information regarding the marked birth certificate to the requestor, the State registrar shall immediately report the inquiry or any knowledge as to the whereabouts of the missing child to the unit. d. Upon notification of a report of a missing child, the State registrar shall request that the local registrar of the district where the child was born mark the child@s birth certificate. When a copy of the marked birth certificate is requested, the local registrar shall supply the copy to the requestor without alerting him to the fact that the record has been marked and immediately notify the State registrar of the request. e. Upon notification of a request for a marked birth certificate or other information concerning a missing child, the Missing Persons Unit shall commence an investigation of the circumstances surrounding the request, including a search for any record that may exist showing who has legal custody of the missing child and for any record that may disclose an allegation of child abuse perpetrated against the child or an allegation of domestic violence perpetrated against a member of the child@s family. f. If a search as described pursuant to subsection e. of this section reveals that a child reported missing is in the custody of his legal guardian or if substantiated allegations of child abuse against the child or any order protecting a family member from domestic violence exists, the unit shall continue the investigation without disclosing the whereabouts of the child or his guardian to the person who reported the child missing. L.1995,c.395,s.3. 52:17B-9.9. Commission on missing persons; members; appointment To assist and advise the Attorney General in the administration of this act there is created within the Department of Law and Public Safety, a 16-member Commission on Missing Persons, which shall consist of the following persons: a. The Attorney General, the Superintendent of State Police, the State Medical Examiner and the Special Agent-in-Charge of the State of New Jersey for the Federal Bureau of Investigation, ex officio, or their designated representatives; b. Four public members, two to be appointed by the Governor, one to be appointed by the President of the Senate and one to be appointed by the Speaker of the General Assembly; and c. Six law enforcement officers to be appointed by the Governor; each representing a different county of this State. For the purposes of this subsection, ~law enforcement officer~ means a permanent, full-time, active member in good standing of a law enforcement agency of a municipality or county in this State; but shall not mean a member of the State Police. d. Two members from social service agencies to be appointed by the Governor. L.1983, c. 467, s. 4. 52:17B-9.10. Chairman and vice-chairmen; terms of office of members; vacancies; removals a. The designation of a chairman and two vice-chairmen of the commission, who shall be chosen pursuant to subsection e. of this section, shall be made by the Governor after consultation with the Attorney General. b. Initial appointments to the commission shall be made by the Governor, the Senate President and the Speaker of the General Assembly within 90 days after enactment of this act and shall be for the terms as follows: (1) Three members listed in subsection b. of section 4 of this act for two years, except that the members appointed by the Senate President and the Speaker of the General Assembly shall serve terms concurrent with the term of the respective appointing authority. (2) One member listed in subsection b. of section 4 of this act for three years. (3) Two members listed in subsection c. of section 4 of this act for one year. (4) One member listed in subsection c. of section 4 of this act for two years. (5) One member listed in subsection c. of section 4 of this act for three years. (6) One member listed in subsection c. of section 4 of this act for four years. (7) One member listed in subsection c. of section 4 of this act for five years. (8) One member listed in subsection d. of section 4 of this act for three years. (9) One member listed in subsection d. of section 4 of this act for four years. c. After the expiration of the initial appointments, all members listed in subsections b., c. and d. of section 4 of this act who have been appointed by the Governor shall be appointed for terms of five years each, except that no member shall serve more than two five-year terms. The members appointed by the Senate President and the Speaker of the General Assembly shall serve terms concurrent with the term of the respective appointing authority. If a member listed in subsection c. of section 4 of this act is not reappointed upon the expiration of this member@s term, the next member to be appointed shall not represent the same county, but shall represent a county which is not represented on the commission at the time of the appointment. Membership on the commission for all members appointed pursuant to subsections c. and d. of section 4 shall be contingent upon their occupational status not changing for the duration of their appointed term. All members of the commission shall remain in office until a successor has been appointed. d. Appointments to fill vacancies on the commission shall be for the unexpired term of the member to be replaced. e. The Governor shall designate one member as chairman and two members as vice-chairmen of the commission from among the members listed in subsection c. of section 4 of this act; each of whom shall serve in the designated capacity throughout the member@s entire term and until a successor is appointed and qualified. The chairman and vice-chairmen shall not serve in their capacities for more than five years. The chairman shall be the chief executive officer of the commission. f. A member of the commission may be removed from office by the appointing authority for misconduct in office, willful neglect of duty, or other conduct evidencing unfitness for the office or for incompetence. L.1983, c. 467, s. 5. 52:17B-9.11. Reimbursement of expenses No member of the commission shall be compensated for the term of service, but all members shall be entitled to reimbursement for expenses actually incurred in the performance of duties, including expenses of travel outside of the State. L.1983, c. 467, s. 6. 52:17B-9.12. Employment of personnel and services of office of Attorney General; contracts for services The commission may employ the secretarial and clerical personnel it deems necessary. The commission may employ the services of the Attorney General@s office which shall represent the commission in any proceeding to which it is a party, and shall render legal advice to the commission upon its request. The commission may contract for the services of other professional, technical and operational personnel and consultants whose assistance is essential to the commission@s performance of its responsibilities under this act. L.1983, c. 467, s. 7. 52:17B-9.13. General responsibilities The Commission on Missing Persons in conjunction with the Missing Persons Unit shall have the general responsibility to: a. Review information, data, reports, statistics or other materials collected by the Missing Persons Unit necessary to carry out the purpose of this act; b. Prepare a comprehensive State-action plan relating to the problem of missing persons and unidentified bodies, on behalf of the Governor, to be submitted to the Legislature within two years of the effective date of this act, and to update this plan thereafter on a yearly basis, by March 1; c. Recommend to the Legislature other legislation that may be necessary to carry out the purposes of this act; d. Apply for, contract for, receive and expend for its purposes or the purposes of the Missing Persons Unit any grants, gifts or contributions of money or property from the federal government, or any other source, public or private, subject to the approval of the Attorney General; e. Perform the other duties that are necessary to carry out the purposes of this act. L.1983, c. 467, s. 8. 52:17B-9.14. Quorum A majority of the commission shall constitute a quorum for the transaction of any business, the performance of any duty, or for the exercise of any powers. L.1983, c. 467, s. 9. 52:17B-9.15. Applicability of act to law enforcement agencies Except as expressly provided in this act, nothing herein contained shall limit the powers, rights, duties or responsibilities of various law enforcement agencies of this State, or any of its political subdivisions. L.1983, c. 467, s. 10. 52:17B-9.16. Acceptance of monetary donations or items or materials A monetary donation made available to the State through the Missing Persons Unit or the Commission on Missing Persons which specifies the purchase of items or materials to be used for the purposes of this act or any donation of items or materials which meet the requirements of the Division of State Police, shall be accepted by the Attorney General on behalf of the State and distributed or appropriated for law enforcement and specifically used for the purposes of this act. A monetary donation shall be included in the annual appropriation bill and distributed in the same manner as other appropriations. L.1983, c. 467, s. 11. 52:17B-9.17. Crime prevention resource center; establishment; duties There is established in the Division of State Police in the Department of Law and Public Safety a crime prevention resource center. The resource center shall: a. Provide materials, information and technical assistance throughout the State in the area of crime prevention; b. Recommend standards for Statewide crime prevention programs and crime prevention programs in municipal police departments; and c. Instruct municipal police departments in ways of obtaining and utilizing federal, State and local financial support and grants for crime prevention programs in the municipality. L. 1985, c. 1, s. 5.

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