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CHRIS
CHRISTIE
State
of
New
Jersey
Governor
OFFICE
OF
THE
ATTORNEY
GENERAL
Joi-nv
J.
HoFFM.arr
DEPARTMENT
OF
LAW
AND
PUBLIC
SAFETY
Acting
flttorney
Genera!
KIM
GUADAGNO
PO
Box
080
TRENTON,
NJ
08625-0080
Lieutenant
Governor
SUPPLEMENTAL
LAW
ENFORCEMENT
DIRECTIVE
AMENDING
ATTORNEY
GENERAL
LAW
ENFORCEMENT
DIRECTIVE
NO.2006-5
TO:
Director,
Division
of
Criminal
Justice
Superintendent,
New
Jersey
State
Police
All
County
Prosecutors
All
County
Sheriffs
All
Chief
Law
Enforcement
Executives
FROM:
John
J.
Hoffman,
Acting
Attorney
General
DATE:
July
28,
2015
SUBJECT:
Supplemental
Law
Enforcement
Directive
Regarding
Uniform
Statewide
Procedures
and
Best
Practices
for
Conducting
Police
-Use
-of
-Force
Investigations
Under
New
Jersey
law
and
practice,
prosecutors
and
police
departments
are
required
to
follow
well
-established
procedures
when
responding
to
a
law
enforcement
officer's
decision
to
employ
deadly
force.
Recent
events
across
the
nation
present
an
opportunity,
and
responsibility,
to
examine
and
to
enhance
those
practices
and
procedures
as
appropriate
to
ensure
that
use
-of
-force
investigations
are
conducted
fairly,
expeditiously,
thoroughly,
and
impartially.
The
New
Jersey
Attorney
General
has
broad
authority
under
our
Constitution
and
statutory
law
to
establish
and
enforce
uniform
statewide
standards
that
police
and
prosecutors
must
follow.
For
example,
in
this
State,
the
rules
governing
when
and
in
what
circumstances
a
law
enforcement
officer
is
authorized
to
use
physical,
mechanical,
enhanced
mechanical,
or
deadly
force
are
established
by
the
Attorney
General
through
the
promulgation
of
the
Attorney
General's
Use
of
Force
Policy
and
supplemental
use
-of
-force
policies
concerning
specified
types
of
weapons
and
ammunition.
So
too,
the
Attorney
General
is
authorized
to
establish
the
rules
governing
how
use
-of
-
force
incidents
are
investigated.
See
N.J.S.A.
52:17B-98
(providing
for
the
"general
supervision
of
criminal
justice
by
the
Attorney
General
as
chief
law
enforcement
officer
of
the
State,
in
order
to
secure
the
benefits
of
a
uniform
and
efficient
enforcement
of
the
criminal
law
and
the
administration
of
criminal
justice
throughout
the
State")
Through
the
issuance
of
Attorney
General
Law
Enforcement
Directive
No.
2006-5
(hereinafter:
"Directive"),the
Attorney
General
exercised
this
constitutional
and
statutory
authority
by
establishing
the
basic
process
by
which
incidents
are
investigated
when
a
police
officer
uses
force
Page
2
against
a
civilian.
The
Directive
provides
that
investigations
to
determine
the
lawfulness
of
police
use
of
force
are
not
conducted
by
police
agencies,
but
rather
are
conducted
by
and
under
the
direct
supervision
of
a
County
Prosecutor
or
the
Division
of
Criminal
Justice.
The
Directive
further
provides
that
critical
decisions
are
subject
to
multiple
levels
of
independent
review.
For
example,
the
Directive
specifies
that
in
determining
whether
the
use
of
force
was
lawful,
the
circumstances
of
the
incident
must
be
presented
to
a
grand
jury,
composed
of
23
civilians,
for
its
independent
review
unless
the
undisputed
facts
indicate
that
the
use
of
force
was
justified
under
the
law.
Grand
juries
traditionally
serve
to
ensure
the
rights
of
the
accused
and
to
assure
the
community
that
civilians,
not
just
law
enforcement
officials,
decide
whether
a
criminal
prosecution
should
be
initiated.
In
any
case
where
a
County
Prosecutor
overseeing
the
investigation
decides
not
to
present
the
matter
to
the
grand
jury
for
its
review,
that
decision
itself
is
subject
to
substantive
review
and
approval
by
the
Director
of
the
Division
of
Criminal
Justice.
This
independent
review
and
oversight
process
is
made
possible
by
the
Attorney
General's
supervisory
authority
as
the
State's
chief
law
enforcement
officer,
and
pursuant
to
the
Attorney
General's
specific
statutory
authority
to
participate
in
or
supersede
any
criminal
investigation.
See
N.J.S.A.
52:17B
-107(a).
Although
New
Jersey's
existing
procedures
for
investigating
use
-of
-force
incidents
are
already
among
the
most
comprehensive
and
rigorous
in
the
nation,
it
is
appropriate
to
strengthen
those
investigative
standards
and
protocols
to
ensure
that
best
practices
are
followed
uniformly
across
the
State.
Accordingly,
pursuant
to
the
authority
vested
in
me
by
the
Constitution
of
the
State
of
New
Jersey
and
by
the
Criminal
Justice
Act
of
1970,
N.J.S.A.
52:17B-97
to
-117,
I
hereby
direct
that
Attorney
General
Law
Enforcement
Directive
No.
2006-5
is
amended
and
supplemented
as
follows:
Definitions.
As
used
in
this
Supplemental
Directive:
a.
"Director"
means
the
Director
of
the
New
Jersey
Division
of
Criminal
Justice.
b.
"Law
enforcement
agency"
means
any
agency
or
department
with
law
enforcement
or
prosecution
powers
and
responsibilities
operating
under
the
authority
of
the
laws
of
the
State
of
New
Jersey.
c.
"Law
enforcement
officer"
means
any
law
enforcement
officer
operating
under
the
authority
of
the
laws
of
the
State
of
New
Jersey.
d.
"Principal
of
the
investigation"
or
"principal"
means
a
law
enforcement
officer
Page
3
whose
conduct
is
the
subject
of
the
investigation
conducted
pursuant
to
this
Supplemental
Directive
and
Attorney
General
Law
Enforcement
Directive
No.
2006-
5.
"Use
-of
-force
investigation"
or
"investigation"
means
an
investigation
conducted
pursuant
to
Attorney
General
Law
Enforcement
Directive
No.
2006-5
of
any
use
of
force
by
a
law
enforcement
officer
involving
death
or
serious
bodily
injury
to
a
person,
or
where
deadly
force
is
employed
with
no
injury,
or
where
any
injury
to
a
person
results
from
the
use
of
a
firearm
by
a
law
enforcement
officer.
These
terms
include
an
investigation
of
the
use
of
such
force
by
an
officer
while
acting
in
the
performance
of
official
duties
or
exhibiting
evidence
of
his
or
her
authority
notwithstanding
that
the
officer
was
not
on
duty
when
the
force
was
used.
These
terms
do
not
include
a
criminal
investigation
of
the
use
of
force
by
an
officer
who
was
not
acting
in
performance
of
official
duties
or
exhibiting
evidence
of
his
or
her
law
enforcement
authority
(ems.,
while
committing
an
act
of
domestic
violence).
2.
Scope
and
Supersedure.
This
Supplemental
Directive
applies
to
all
use
-of
-force
investigations
as
defined
herein,
and
supersedes
any
contrary
provision
of
Attorney
General
Law
Enforcement
Directive
No.2006-5.
Any
provision
of
Attorney
General
Law
Enforcement
Directive
No.
2006-5
not
inconsistent
with
this
Supplemental
Directive
shall
remain
in
force
and
effect.
3.
Comprehensive
Conflicts
Inquiry
to
Inform
Supersession/Recusal
Decisions.
When
the
investigation
is
conducted
by
the
County
Prosecutor,
the
Prosecutor
shall
as
expeditiously
as
feasible
determine
whether
any
actual
or
potential
conflict
of
interest
exists
that
might
undermine
public
confidence
in
the
impartiality
and
independence
of
the
investigation.
As
part
of
this
comprehensive
conflicts
inquiry,
the
Prosecutor
shall
determine
whether
any
member
of
the
leadership
team
of
the
office
(ems.,
the
County
Prosecutor,
First
Assistant
Prosecutor,
Chief
of
Detectives,
etc.),
has
had
any
personal
or
professional
interaction
with
or
relationship
to
the
principals)
of
the
investigation
that
might
reasonably
create
an
actual
or
potential
conflict
of
interest
for
the
member
or
office.
The
Prosecutor
likewise
shall
determine
whether
any
person
assigned
to
participate
in
or
supervise
the
use
-of
-force
investigation
has
had
any
such
personal
or
professional
interactions
with
or
relationship
to
the
principals(s)
of
the
investigation.
The
Prosecutor
also
shall
determine
whether
the
principals)
of
the
investigation
is/are
expected
to
testify
on
behalf
ofthe
State
in
pending
matters
being
prosecuted
by
the
Prosecutor's
Office,
and
whether
the
principals)
of
the
investigation
has/have,
within
the
preceding
5
years,
been
assigned
to
a
task
force
operating
under
the
direct
supervision
of
the
Prosecutor's
Office.
The
County
Prosecutor
within
3
days
of
initiating
the
investigation
shall
report
the
results
Page
4
of
the
comprehensive
conflicts
inquiry
to
the
Director.
The
County
Prosecutor
shall
have
an
ongoing
responsibility
to
update
the
comprehensive
conflicts
inquiry
report
based
on
new
information
or
the
involvement
of
additional
persons
in
the
investigation.
The
initial
report
and
any
updates
to
that
report
shall
be
made
in
a
manner
and
on
a
form
as
shall
be
prescribed
by
the
Director.
The
Director
shall
develop
and
make
available
forms
to
facilitate
the
comprehensive
conflicts
inquiry
reporting
process.
Based
on
the
information
in
the
comprehensive
conflicts
inquiry
report,
and
any
such
additional
information
as
the
Director
may
require
the
Prosecutor
to
provide,
the
Director
shall
determine
whether
the
interests
of
justice
would
best
be
served
by
superseding
the
investigation,
assigning
the
investigation
to
another
County
Prosecutor's
Office,
ordering
the
recusal
of
any
person
or
persons
from
the
investigation,
or
taking
such
other
actions
as
may
be
needed
to
ensure
the
impartiality
and
independence
of
the
investigation.
When
the
investigation
is
conducted
by
the
Division
of
Criminal
Justice,
the
Deputy
Director
responsible
for
overseeing
the
Attorney
General
Shooting
Response
Team,
or
other
Assistant
Attorney
General
designated
by
the
Director,
shall
undertake
the
comprehensive
conflicts
inquiry,
and
shall
report
thereon
to
the
Director.
The
Director
shall
determine
whether
any
actions
are
needed
to
ensure
the
impartiality
and
independence
of
the
investigation.
4.
Authorization
to
Disseminate
Investigative
Information
to
Principals
and
Other
Witnesses.
To
prevent
contaminating
a
witness's
personal
recollection
of
events,
express
prior
authorization
from
the
assistant
prosecutor
or
assistant/deputy
attorney
general
supervising
the
investigation,
or
his
or
her
designee,
is
required
before
information
learned
in
the
course
of
the
use
-
of
-force
investigation
maybe
shared
with
or
provided
to
any
law
enforcement
or
civilian
witness
to
the
use
-of
-force
event,
including
a
principal
of
the
investigation.
An
employee
of
a
law
enforcement
agency
shall
not
directly
or
indirectly
(i.e.,
through
another
person)
share
information
learned
in
the
course
of
the
use
-of
-force
investigation,
including
but
not
limited
to
police
video
recordings
or
information
learned
from
reviewing
such
videos,
with
any
principal
or
other
law
enforcement
or
civilian
witness
without
such
prior
authorization.
Nor
shall
any
law
enforcement
officer
who
is
a
witness
to
the
use
-of
-force
incident,
including
a
principal,
receive
any
such
information
from
any
sworn
or
civilian
employee
of
a
law
enforcement
agency
without
first
obtaining
authorization
from
the
assistant
prosecutor
or
assistant/deputy
attorney
general
supervising
the
investigation,
or
his
or
her
designee.
Any
dissemination
or
receipt
of
investigative
information
without
prior
authorization
as
required
by
this
section
shall
be
reported
promptly
to
the
assistant
prosecutor
or
assistant/deputy
attorney
general
supervising
the
investigation,
or
his
or
her
designee,
who
shall
investigate
the
circumstances.
The
potential
effects
of
any
unauthorized
dissemination
or
receipt
of
investigative
information
may
be
considered
in
determining
whether
the
interests
of
justice
would
be
served
by
Page
5
presenting
the
matter
to
a
grand
jury
for
its
review,
see
section
6,
and
also
may
be
considered
in
determining
whether
the
interests
of
justice
would
be
served
by
superseding
the
investigation,
assigning
the
investigation
to
another
County
Prosecutor's
Office,
ordering
the
recusal
of
any
person
or
persons
from
the
investigation,
or
taking
such
other
actions
as
may
be
needed
to
ensure
the
impartiality
and
independence
of
the
investigation
pursuant
to
section
3.
Any
law
enforcement
officer
or
civilian
employee
who
knowingly
violates
this
section
shall
be
subject
to
discipline.
5.
Procedures
to
Ensure
That
Investigations
Are
Conducted
Independently
From
the
A
e~nCX
Whose
Officer(sl
Employed
Force.
a.
General
Rule
Excluding
Investigators
From
the
Same
Agency
as
the
Officers)
Who
Employed
Force.
Except
as
may
expressly
be
authorized
pursuant
to
subsection
b.
or
c.
of
this
section,
no
employee
of
the
police
department
or
agency
that
employs
the
principals)
of
the
investigation
shall
participate
in
the
investigation
or
attend
any
investigative
activities
(~,
interviews
of
principals
or
other
witnesses),
provided
however
that
nothing
herein
shall
be
construed
to
preclude
an
officer
employed
by
that
department
or
agency
from
acting
as
a
first
responder
to
the
scene
of
the
use
-of
-
force
incident,
from
providing
or
facilitating
medical
assistance
to
any
injured
person,
from
helping
to
secure
the
scene
(ems.,
to
control
traffic
or
to
prevent
civilians
from
accessing
the
scene),
or
from
participating
in
a
be
-on
-the
-lookout
(B.O.L.O.)
search
for
or
pursuit
of
any
persons)
suspected
of
a
crime
related
to
the
use
-of
-force
incident.
b.
Authorized
Assistance
for
Good
and
Sufficient
Cause.
Notwithstanding
the
general
rule
established
in
subsection
a.
of
this
section,
the
County
Prosecutor
or
designee,
or
Director
or
designee,
may
for
good
and
sufficient
cause
authorize
an
officer
or
civilian
employed
by
the
department
that
employs
the
principals)
of
the
investigation
to
assist
in
the
investigation
in
the
following
circumstances:
CSI
Unit.
Officers
or
civilians
employed
by
a
principal's
department
who
have
specialized
crime
scene
investigation
skills
may
be
authorized
to
collect
or
document
physical
evidence
at
the
scene
when
the
County
Prosecutor
or
designee,
or
the
Director
or
designee,
determines
that
the
use
of
these
personnel
is
necessary
to
support
the
investigation,
provided
that
such
personnel
operate
under
the
direct
supervision
of
the
on
-scene
assistant
prosecutor
or
assistant/deputy
attorney
general
overseeing
the
investigation,
and
further
provided
that
the
officers
or
employees
shall
operate
independently
of
their
ordinary
chain
of
command
and
report
directly
to
the
County
Prosecutor
or
designee,
or
to
the
Director
or
designee.
Because
of
the
exigent
need
Page
6
to
dispatch
officers
or
civilians
with
specialized
crime
scene
investigation
skills
without
delay,
the
County
Prosecutor
or
Director
may
issue
a
standing
order
authorizing
the
use
of
an
agency's
CSI
unit
and
personnel
assigned
to
that
unit,
provided
that
the
Prosecutor
or
Director
finds
in
writing
that
such
standing
authorization
is
necessary
to
ensure
the
prompt
collection/documentation
of
evidence
by
qualified
personnel
following
ause-of-force
incident,
and
that
without
such
a
standing
order,
a
reasonable
probability
exists
that
evidence
at
the
scene
will
not
be
collected
documented
in
a
timely
and
proper
manner.
ii.
Forensic
Laboratory
Examiners.
Officers
or
civilians
employed
by
a
principal's
department
may
be
authorized
to
perform
laboratory,
ballistics,
or
other
forensic
tests
or
examinations
where
the
County
Prosecutor
or
designee,
or
the
Director
or
designee,
determines
that
the
use
of
such
laboratory
facility/forensic
unit/personnel
is
necessary
to
support
the
investigation,
and
further
provided
that
such
personnel
shall
operate
independently
from
their
ordinary
chain
of
command
and
report
directly
to
the
County
Prosecutor
or
designee,
or
to
the
Director
or
designee.
iii.
Other
Specialized
Expertise.
Officers
or
civilians
employed
by
a
principal's
department
may
be
authorized
to
assist
the
investigation
through
their
specialized
knowledge,
skills,
non-English
language
proficiency,
or
training
not
otherwise
accounted
for
in
subsection
b(i)
or
(ii),
provided
that
the
County
Prosecutor
or
designee,
or
the
Director
or
designee,
determines
that
their
specialized
knowledge,
skills,
non-English
language
proficiency,
or
training
is
necessary
to
support
the
investigation,
balancing
practical,
logistical,
and
operational
needs
against
the
possibility
that
such
participation
might
undermine
public
confidence
in
the
impartiality
and
independence
of
the
investigation,
and
further
provided
that
such
personnel
shall
operate
independently
of
their
ordinary
chain
of
command
and
report
directly
to
the
County
Prosecutor
or
designee,
or
to
the
Director
or
designee.
iv.
Agency
Liaison.
An
officer
or
civilian
employee
of
the
department
may
be
designated
by
the
County
Prosecutor
or
designee,
or
the
Director
or
designee,
to
serve
as
a
liaison
to
the
investigative
team
to
facilitate
obtaining
departmental
documents
(ems.,
personnel
or
internal
affairs
records,
records
involving
other
cases,
etc.),
identifying
employees
and
providing
contact
information,
identifying
and
locating
local
residents/witnesses,
and
performing
other
ministerial
support
functions.
Page
7
c.
Composition
of
Attorney
General
Shooting
Response
Team.
In
accordance
with
the
provisions
of
section
2
of
Attorney
General
Law
Enforcement
Directive
2006-5,
the
Attorney
General
Shooting
Response
Team
(SRT),
which
shall
operate
under
the
direction
and
supervision
of
an
assistant
or
deputy
attorney
general
designated
by
the
Director,
shall
be
staffed
by
Division
of
Criminal
Justice
detectives
and
New
Jersey
State
Police
Maj
or
Crimes
detectives.
All
personnel
assigned
to
the
SRT
shall
operate
independently
of
their
ordinary
chain
of
command
and
report
directly
and
exclusively
to
the
assistant
or
deputy
attorney
general
designated
by
the
Director.
d.
Documentation
of
Reasons
for
Authorizing
Assistance.
The
County
Prosecutor
or
designee,
or
Director
or
designee,
authorizing
an
exemption
pursuant
to
subsection
b(i),
(ii),
or
(iii)
of
this
section
shall:
1)
document
the
reasons
for
the
exemption
in
the
case
file,
or
in
the
case
of
a
standing
order
pursuant
to
subsection
b(i),
include
a
copy
of
the
standing
order
and
justification
therefor
in
the
case
file,
and
2)
indicate
in
any
report
provided
to
the
Director
or
Attorney
General
pursuant
to
section
6
of
this
Supplemental
Directive
that
personnel
employed
by
the
agency
that
employs
a
principal
of
the
investigation
participated
in
the
investigation,
explaining
the
reasons
for
the
exemption.
6.
Decision
to
Present
Matter
to
Grand
Jurv.
a.
Presumption
of
Grand
Jury
Review.
Except
as
provided
in
subsection
b.
of
this
section,
the
County
Prosecutor,
or
Director
in
matters
investigated
by
the
Attorney
General
Shooting
Response
Team,
shall
present
a
matter
to
a
grand
jury
for
its
independent
review
if:
1)
the
use
of
force
resulted
in
death
or
serious
bodily
injury,
or
2)
the
interests
of
justice
would
be
served
by
having
the
matter
reviewed
by
a
grand
jury.
In
determining
whether
the
interests
of
justice
would
be
served
by
having
the
matter
reviewed
by
a
grand
jury,
the
County
Prosecutor
or
Director
shall
consider
all
relevant
circumstances,
including
whether
review
of
the
matter
by
a
grand
jury
would
enhance
public
confidence
in
the
integrity,
thoroughness,
and
impartiality
of
the
investigation,
and
whether
there
had
been
any
significant
or
knowing
violation
of
or
deviation
from
the
restriction
established
in
section
4
of
this
Supplemental
Directive.
b.
Circumstances
Where
Grand
Jury
Review
is
not
Required.
Notwithstanding
the
provisions
of
subsection
a(1)
of
this
section,
the
County
Prosecutor
or
Director
shall
not
be
required
to
present
the
matter
to
the
grand
jury
where
the
undisputed
facts
indicate
that
the
use
of
force
was
justifiable
under
the
law.
Nothing
herein
shall
be
construed
to
preclude
presenting
the
matter
to
the
grand
jury
where
the
County
Prosecutor
or
Director
determines
Page
8
that
the
interests
of
justice
would
be
served
by
having
the
matter
reviewed
by
a
grand
jury.
c.
Review
of
Decision
to
Present
Matter
to
a
Grand
Jury.
If
the
County
Prosecutor
determines
in
accordance
with
Attorney
General
Law
Enforcement
Directive
No.
2006-5
and
this
Supplemental
Directive
that
the
matter
need
not
be
presented
to
a
grand
jury
for
its
independent
review,
the
Prosecutor
shall
prepare
and
submit
a
report
to
the
Director
summarizing
the
results
of
the
investigation
and
explaining
the
reason
for
the
Prosecutor's
recommendation.
The
Director
shall
review
the
Prosecutor's
findings
and
legal
analysis.
The
Director
may
require
the
Prosecutor
to
supply
additional
information
or
analysis,
and
may
direct
the
prosecutor
to
conduct
further
investigation
and
report
thereon.
The
Director
shall
make
the
final
determination
whether
the
matter
should
be
presented
to
a
grand
jury.
While
affording
appropriate
deference
to
the
recommendations
of
the
County
Prosecutor
in
consideration
of
local
community
interests,
the
Director
shall
make
an
independent
assessment
of
the
Prosecutor's
factual
findings
to
determine
whether
facts
are
disputed,
and
also
shall
make
an
independent
assessment
whether
presentation
to
a
grand
jury
would
serve
the
interests
of
justice.
The
review
performed
pursuant
to
this
section
shall
be
deemed
to
satisfy
the
requirements
of
section
10
of
Attorney
General
Law
Enforcement
Directive
No.
2006-5.
In
matters
investigated
by
the
Attorney
General
Shooting
Response
Team,
if
the
Director
determines
that
the
matter
need
not
be
presented
to
a
grand
jury,
the
Director
shall
prepare
and
submit
a
report
to
the
Attorney
General
summarizing
the
results
of
the
investigation
and
explaining
the
reason
for
the
Director's
determination.
The
Attorney
General
or
designee
may
require
the
Director
to
supply
additional
information
or
analysis,
and
may
direct
the
Director
to
conduct
further
investigation
and
report
thereon.
The
Attorney
General
or
designee
shall
make
the
final
determination
whether
the
matter
should
be
presented
to
a
grand
jury,
applying
the
same
standard
of
review
as
would
apply
to
the
Director's
review
of
a
County
Prosecutor's
recommendation.
7.
Best
Practices
When
Presenting
Matters
to
the
Grand
Jury
a.
Continuing
Legal
Education
Course
on
Police
Use
-of
-Force
Grand
Jury
Presentations.
The
Director
of
the
Division
of
Criminal
Justice
in
consultation
with
the
County
Prosecutors
and
the
Attorney
General's
Advocacy
Institute
shall
develop
a
continuing
legal
education
course
on
the
legal,
practical,
ethical,
and
policy
issues
concerning
the
presentation
of
police
use
-of
-force
cases
to
a
grand
jury.
The
Attorney
General's
Advocacy
Institute
shall
make
this
course
available
on
at
least
an
annual
basis.
Once
available,
every
assistant
prosecutor
or
assistant/deputy
attorney
general
assigned
to
present
ause-of-force
case
to
a
State
or
county
grand
jury
shall
be
required
to
attend
the
course.
In
addition,
the
course
materials
shall
be
provided
to
every
assistant
prosecutor
in
the
State,
and
to
all
assistant
and
deputy
attorneys
general
in
the
Division
of
Criminal
Justice.
Page
9
b.
Uniform
Grand
Jury
Instructions.
Because
a
grand
jury
is
authorized
only
to
issue
a
"true
bill"
(when
it
decides
that
there
is
a
basis
to
indict)
or
a
"no
bill"
(when
it
declines
to
indict),
the
prosecutor
presenting
the
matter
shall
instruct
the
grand
jury
on
the
underlying
offenses)
(~,
homicide,
attempted
murder,
aggravated
assault,
etc.)
and
all
applicable
justification
defenses.
The
Division
of
Criminal
Justice
has
developed
model
grand
jury
instructions
concerning
the
affirmative
justification
defenses
that
may
apply
(~,
use
of
force
in
law
enforcement
under
N.J.S.A.
2C:3-7,
use
of
force
in
self
protection
underN.J.S.A.
2C:3-4,
and
use
of
force
in
protection
of
others
underN.J.S.A.
2C:3-5).
See
N.J.S.A.
2B:22-9
(explicitly
requiring
that
the
grand
jury
be
instructed
on
the
justification
defense
of
use
of
force
in
law
enforcement.).
The
assistant
prosecutor
or
assistant
or
deputy
attorney
general
who
presents
the
matter
shall
read
to
the
grand
jury
all
applicable
model
instructions.
c.
Separate
Grand
Juries
to
Decide
Police
Use
-of
-Force
Issues
and
Underlying
Criminal
Activity
That
Precipitated
Police
Force.
The
underlying
offense
that
gave
rise
to
the
police
use
of
force
(~,
a
crime
alleged
to
have
been
committed
by
a
civilian
who
was
injured
by
police
force)
shall
be
presented
to
a
different
grand
jury
than
the
grand
jury
that
will
decide
whether
the
police
use
of
force
was
unlawful.
8.
Public
Statement
on
Results
of
Investigations
Not
Resulting
in
Prosecution.
To
enhance
transparency
in
conducting
use
-of
-force
investigations,
inany
instance
where
the
matter
is
not
presented
to
a
grand
jury
for
its
review,
or
where
the
matter
is
presented
to
a
grand
jury
and
the
grand
jury
returns
a
"no
bill"
(i.e.,
declines
to
issue
an
indictment),
the
County
Prosecutor,
or
the
Director
in
matters
investigated
by
the
Attorney
General
Shooting
Response
Team,
shall
prepare
a
statement
for
public
dissemination.
The
statement
shall
include:
1)
specific
findings
of
the
investigation
concerning
the
factual
circumstances
of
the
incident,
2)
specific
findings
of
the
investigation
concerning
the
lawfulness
of
the
police
use
of
force
under
the
New
Jersey
Code
of
Criminal
Justice,
3)
a
statement
explaining
that
the
comprehensive
conflicts
inquiry
required
pursuant
to
section
3
of
this
Directive
was
conducted,
and
4)
a
statement
explaining
that
the
matter
was
reviewed
by
the
County
Prosecutor,
or
the
Director
in
matters
investigated
by
the
Attorney
General
Shooting
Response
Team,
and
that
all
relevant
provisions
of
this
Supplemental
Directive
have
been
complied
with.
The
public
statement
shall
comply
with
all
rules
governing
grand
jury
secrecy
and
the
need
to
protect
the
rights
of
witnesses
and
to
prevent
discouraging
witnesses
from
providing
information
or
cooperating
with
investigations
in
future
cases.
Notwithstanding
the
foregoing,
the
statement's
findings
shall
include
sufficient
detail
about
the
circumstances
of
the
use
of
force
to
explain
why
the
matter
is
not
being
prosecuted
as
a
criminal
offense.
Page
10
The
County
Prosecutor,
or
Director
in
matters
investigated
by
the
Attorney
General
Shooting
Response
Team,
shall
provide
a
copy
of
the
statement
to
the
Attorney
General,
or
his
designee,
not
less
than
5
days
before
its
public
dissemination.
Once
released
to
the
public,
the
County
Prosecutor
or
Division
of
Criminal
Justice
shall
make
the
statement
available
on
its
Internet
website.
9.
Referrals
for
Administrative
Review.
In
any
instance
where
the
matter
is
not
presented
to
a
grand
jury
for
its
review,
or
where
the
matter
is
presented
to
a
grand
jury
and
the
grand
jury
returns
a
"no
bill"
(i.e.,
declines
to
issue
an
indictment),
the
County
Prosecutor,
or
the
Director
in
matters
investigated
by
the
Attorney
General
Shooting
Response
Team,
shall,
as
appropriate,
refer
the
use
-of
-force
incident
to
the
appropriate
agency
for
administrative
review
in
accordance
with
the
Attorney
General's
Internal
Affairs
Policy
and
Procedures
manual.
The
County
Prosecutor
or
Director
shall
monitor
the
review
and
take
such
actions
as
are
necessary
to
ensure
that
the
review
is
completed
in
a
timely
fashion,
and
that
appropriate
actions
are
taken
based
on
the
results
of
the
administrative
review.
10.
Advisory
Group
to
Study
and
Enhance
Police
-Use
-of
-Force
Investi
ate
The
Director
shall
establish
an
Advisory
Group
consisting
ofinembers
ofthe
community
and
representatives
from
law
enforcement
as
the
Director
deems
appropriate.
The
Advisory
Group
will
meet
on
a
quarterly
basis
to
advise
the
Attorney
General
on
how
to
improve
the
process
for
investigating
police
use
-of
-force
incidents.
The
Advisory
Group
shall
study
and
provide
advice
to
the
Attorney
General
on
any
circumstances
or
conditions
that
impede
or
delay
investigations,
and
also
on
ways
to
enhance
the
process
for
explaining
investigation
results
to
the
public.
See
also
section
11.
11.
Community
Relations
and
Outreach
Proms
To
enhance
public
confidence
in
the
integrity
and
impartiality
ofuse-of-force
investigations,
it
is
vitally
important
for
law
enforcement
executives
to
reach
out
to
and
engage
community
and
faith
-based
leaders
before
use
-of
-force
incidents
occur.
The
Director
of
the
Division
of
Criminal
Justice
shall
confer
with
the
County
Prosecutors
to
discuss
efforts
that
have
been
and
are
being
undertaken
across
the
State
to
establish
positive
relations
of
trust
with
community
and
faith
-based
leaders
on
matters
concerning
the
use
of
force
by
law
enforcement
as
part
of
a
broader
range
of
community
-engagement
activities.
The
Director,
in
consultation
with
the
County
Prosecutors,
should
develop
and
disseminate
model
programs
to
explain
the
investigative
process,
the
statutory
and
constitutional
rights
afforded
to
law
enforcement
officers
whose
use
of
force
is
subject
to
investigation,
and
how
the
presumption
of
innocence
applies,
and
that
the
State
at
trial
would
be
required
to
disprove
an
asserted
justification
defense
beyond
a
reasonable
doubt.
In
addition
to
explaining
the
standards
and
procedures
for
Page
11
conducting
use
-of
-force
investigations,
the
model
community
outreach
programs
should
explain
the
law
and
policies
governing
the
use
of
force
by
law
enforcement.
Each
County
Prosecutor
within
120
days
of
the
effective
date
of
this
Supplemental
Directive
shall
report
to
the
Attorney
General
on
efforts
that
have
been
or
will
be
undertaken
in
his
or
her
jurisdiction
to
engage
community
and
faith
-based
leaders
in
discussions
concerning
police
use
-of
-
force
matters.
12.
uestions.
Any
questions
concerning
the
interpretation
or
implementation
of
this
Supplemental
Directive
shall
be
addressed
to
the
Director,
or
designee.
13.
Effective
Date.
This
Supplemental
Directive
shall
take
effect
immediately,
and
its
provisions
shall
apply
to
use
-of
-force
investigations
initiated
before
the
effective
date
to
the
extent
practicable.
J.
an
Acting
Attorney
General
ATTEST:
ie
Honig
Director,
Division
of
Criminal
Justice
Dated:
July
28,
2015
