"45 DAY RULE"
Assembly Bill 1550

Bill History:

1/10/2006 Introduced, Referred to Assembly Law and Public Safety Committee
2/23/2006 Reported out of Assembly Comm. with Amendments, 2nd Reading
3/2/2006 Assembly Floor Amendment Passed (Pou)
3/16/2006 Passed by the Assembly (78-0-0)
3/20/2006 Received in the Senate, Referred to Senate Law and Public Safety and Veterans' Affairs Committee
6/8/2006 Reported from Senate Committee with Amendments, 2nd Reading
6/19/2006 Substituted for S1789 (1R)
6/19/2006 Passed by the Senate (38-0)
6/19/2006 Received in the Assembly, 2nd Reading on Concurrence
6/26/2006 Passed Assembly (Passed Both Houses) (80-0-0)
7/28/2006 Approved P.L.2006, c.54.

 

 

C.30:8-18.2  Applicability of “45-day” rule for violation of internal rules to county corrections officers.

     1.    A person shall not be removed from employment or a position as a county corrections officer, or suspended, fined or reduced in rank for a violation of the internal rules and regulations established for the conduct of employees of the county corrections department, unless a complaint charging a violation of those rules and regulations is filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based.  A failure to comply with this section shall require a dismissal of the complaint. The 45-day time limit shall not apply if an investigation of a county corrections officer for a violation of the internal rules and regulations of the county corrections department is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this State; the 45-day limit shall begin on the day after the disposition of the criminal investigation.  The 45-day requirement in this section for the filing of a complaint against a county corrections officer shall not apply to a filing of a complaint by a private individual.

 

 

C.30:4-3.11a  Applicability of “45-day” rule for violation of internal rules to State corrections officers.

     5.    A person shall not be removed from employment or a position as a State corrections officer, or suspended, fined or reduced in rank for a violation of the internal rules and regulations established for the conduct of employees of the Department of Corrections, unless a complaint charging a violation of those rules and regulations is filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based.  A failure to comply with this section shall require a dismissal of the complaint.  The 45-day time limit shall not apply if an investigation of a State corrections officer for a violation of the internal rules and regulations of the Department of Corrections is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this State; the 45-day limit shall begin on the day after the disposition of the criminal investigation.  The 45-day requirement in this section for the filing of a complaint against a State corrections officer shall not apply to a filing of a complaint by a private individual.

 

     6.    This act shall take effect immediately, and any administrative action subject to the provisions of this act which is pending on the effective date shall be concluded within 45 days following that effective date.