Bill Text: NJ S3637 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes Office of Inspector General for Prosecutorial Review in but not of DLPS.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-09-19 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3637 Detail]
Download: New_Jersey-2024-S3637-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Establishes Office of Inspector General for Prosecutorial Review in but not of DLPS.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Office of Inspector General for Prosecutorial Review and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is established in, but not of, the Department of Law and Public Safety the Office of Inspector General for Prosecutorial Review. Notwithstanding this allocation, the office shall be independent of any supervision or control by the department or by any officer thereof. The inspector general shall be a person qualified by experience as both a prosecutor and criminal defense attorney. The inspector general shall be appointed by the Governor with the advice and consent of the Senate. The inspector general shall be appointed to a term of five years.
2. a. The Inspector General for Prosecutorial Review shall receive and investigate complaints about any allegations concerning the misconduct of a prosecutor or any member of a prosecution team, including detectives. In exercising investigatory powers, the inspector general shall also be empowered to conduct evaluations, inspections, and other reviews as necessary. The inspector general shall further be empowered to initiate investigations independent of any complaint received.
b. The inspector general shall conduct investigations in accordance with prevailing national and professional standards, rules, and practices concerning investigations conducted in governmental environments. The inspector general shall ensure that the office remains in compliance with these standards, rules, and practices. The inspector general shall provide a process for complaints to be submitted confidentially by members of the general public and government employees.
c. In furtherance of an investigation, the inspector general may compel at a specific time and place, by subpoena, the appearance and sworn testimony of any person whom the inspector general reasonably believes may be able to provide information relating to the allegations of a prosecutor's misconduct that are under investigation. For this purpose, the inspector general is empowered to administer oaths, examine witnesses under oath, and compel any person to produce at a specific time and place, by subpoena, any documents, books, records, papers, objects, or other evidence that the inspector general reasonably believes may relate to the allegation under investigation.
If any person to whom such a subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the inspector general may apply to the Superior Court and the court may order the person to appear and give testimony or produce the books, papers, or other documents as applicable. Any person failing to obey the court's order may be punished by the court for contempt.
d. A person compelled to appear by the inspector general and provide sworn testimony shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of the witness' rights. A witness compelled to appear and testify shall be accorded all due process rights.
e. A prosecutor or member of the prosecution team under investigation for misconduct by the inspector general is prohibited from using privilege or work-product protection to withhold information from the inspector general if the prosecution related to that information has concluded.
3. a. The Inspector General for Prosecutorial Review shall establish the internal organizational structure of the office in a manner appropriate to carrying out the duties and responsibilities of the office. The inspector general shall have the power to appoint, employ, promote, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the office.
b. Within the limits of funds appropriated for such purposes, the inspector general may obtain the services of qualified management consultants or other professionals necessary to independently perform the duties and responsibilities of the office. Consultants shall be selected through an open competitive process and the inspector general shall establish standards and protocols to ensure the fairness and integrity of the process.
4. The Inspector General for Prosecutorial Review is authorized to call upon any department, office, division, or agency of State government to provide information, resources, or other assistance deemed necessary to discharge the duties and responsibilities of the inspector general. Each department, office, division, and agency of this State shall cooperate with the inspector general and furnish the office with any necessary assistance.
5. The Inspector General for Prosecutorial Review is authorized to cooperate and conduct joint investigations with other State oversight entities, including the State Auditor, the State Commission of Investigation, the State Comptroller, and the State Inspector General. The inspector general is authorized and shall be permitted to participate in investigations conducted by other State oversight entities.
6. a. The Inspector General for Prosecutorial Review may decline to investigate a complaint received when it is determined that:
(1) the complaint is trivial, frivolous, vexatious, or not made in good faith;
(2) if, in the opinion of the inspector general, the complaint has been delayed too long to produce sufficient evidence or witnesses to justify a present investigation;
(3) the resources available, in considering established priorities, are insufficient for an adequate investigation; or
(4) the matter complained of is not within the inspector general's investigatory authority.
b. The inspector general is authorized to refer a complaint received that alleges possible criminal conduct and any independent investigation initiated by the inspector general that alleges possible criminal conduct to an appropriate prosecutorial authority. Whenever a criminal referral is made against a prosecutor, the inspector general shall be responsible for notifying the Office of Attorney Ethics. Whenever a criminal referral is made against a detective who is part of a prosecution team, the inspector general shall be responsible for ensuring the referral is documented as part of the detective's personnel file. In the course of conducting investigations, evaluations, inspections, and other reviews, the inspector general may also refer matters for further civil, criminal, and administrative action to an appropriate authority.
7. Whenever a person places a request with a public agency for a record that has been provided to the inspector general during the course of an investigation and that record was open for public inspection, examination, or copying before the investigation commenced, the public agency from which the Office of the Inspector General for Prosecutorial Review obtained the record shall comply with the request pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) provided that the request does not in any way identify the record sought by means of a reference to the inspector general's investigation or to an investigation by any other public agency, including, but not limited to, a reference to a subpoena issued pursuant to the investigation. Requests for records made to the inspector general pursuant to this section shall be referred to the agency that initially provided the records to the inspector general.
8. The Inspector General
for Prosecutorial
Review shall maintain a record of all matters referred and the
responses received and shall be authorized to disclose information received as
appropriate and as may be necessary to resolve the matter referred, to the
extent consistent with the public interest in disclosure and the need for
protecting the confidentiality of complainants and informants and preserving
the confidentiality of ongoing investigations.
9. The Inspector General for Prosecutorial Review shall meet at periodic intervals, but at least twice annually, with the State Auditor, State Commission of Investigation, the State Comptroller, the State Inspector General, and any other public officers or employees deemed necessary who perform audits, investigations, and performance reviews similar or identical to those authorized to be performed by the inspector general for the purpose of consulting, coordinating, and cooperating with those officers and employees in the conduct of audits, investigations, and reviews. The State Auditor, the State Commission of Investigation, the State Comptroller, the State Inspector General, and other public officers or employees shall attend meetings for the purpose of consultation, coordination, and cooperation with the inspector general.
The focus of all parties during the meetings shall be to: facilitate communication and exchange information on completed, current, and future audits, investigations, and reviews; avoid duplication and fragmentation of efforts; optimize the use of resources; avoid divisiveness and organizational uncertainty; promote effective working relationships; and avoid the unnecessary expenditure of public funds.
10. At the conclusion of each investigation, the inspector general shall prepare and submit a report containing the findings for any investigation and recommendations for corrective or remedial action to the Governor, the President of the Senate, and the Speaker of the General Assembly pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall be made available to the public on the official website of the Office of Inspector General for Prosecutorial Review. The inspector general shall establish a process for interested members of the general public to apply to automatically receive filed reports through electronic or other appropriate means.
11. This act shall take effect on the first day of the sixth month after enactment.
STATEMENT
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.
