N.J. Admin. Code § 13:80A-1.4

Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:80A-1.4 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Act" means the Body Armor Replacement Fund Act, P.L. 1997, c. 177 (52:17B-4.4) .

"Annual replacement allotment" means the number of vests required to equip one-fifth of an applicant agency's total number of local law enforcement officers, State Department of Corrections' officers, the Division of State Police's officers or troopers, the Division of Criminal Justice's investigators, the Juvenile Justice Commission's juvenile corrections officers, the State Parole Board's parole officers, and the Administrative Office of the Courts' probation officers as defined within this chapter, with body armor. The number of eligible probation officers shall not exceed 200 for the annual replacement of body armor.

"Applicant" means any local law enforcement agency, the Division of State Police, the State Department of Corrections, the Juvenile Justice Commission, the State Parole Board, the Division of Criminal Justice or the Administrative Office of the Courts that makes application for a Body Armor Replacement Fund grant.

"Applicant agency head" means the person who is the chief executive officer of the law enforcement or correctional organization applying for a grant under this program.

"Body armor" means a body vest designed to be worn on the body for protection against blunt force trauma associated either with the impact of a firearm projectile or from a knife or other pointed instrument, and which meets or exceeds either of the following applicable standards: "Ballistic resistant body armor" means a vest or similar article, which is manufactured of bullet resistant fabric that conforms to National Institute of Justice (NIJ) Standard-01.106 (as amended and supplemented), in effect at the time of purchase. "Stab resistant body armor" means a vest or similar article, which is manufactured of material that conforms to NIJ Standard-0115.00, Stab Resistance of Personal Body Armor (as amended or supplemented), in effect at the time of purchase.

"Chief financial officer" means, except in the case of a municipality, the director of revenue and finance, comptroller, treasurer, collector or other financial officer of a local unit of government or of the State agency applying for the grant. In the case of a municipality, the chief financial officer means the person appointed pursuant to section 5 of P.L. 1988, c.100 (40A:9-140.1 0).

"Director" means the Director of the Division of Criminal Justice.

"Eligible applicant" means an applicant that timely files a completed application with the Division of Criminal Justice, requests body armor for its eligible officers and certifies that it will utilize grant funds to purchase body armor for its eligible officers.

"Eligible officer" means a local law enforcement officer, the Division of State Police's trooper or officer, the State Department of Corrections' officer, the Division of Criminal Justice's investigator, the Juvenile Justice Commission's juvenile corrections officer, the State Parole Board's parole officer, or the Administrative Office of the Courts' probation officer.

"Fund" means the Body Armor Replacement Fund.

"Governing body" means the governing body of a county or the commission, council, board or body having control of the finances of a municipality or any other local unit of government.

"Investigator" means a duly appointed State investigator of the Division of Criminal Justice.

"Juvenile Justice Commission officer" means a duly appointed juvenile corrections officer of the Juvenile Justice Commission.

"Local law enforcement agency" means any police force or organization in a municipality or county which has, by statute or ordinance, the responsibility of detecting crime and enforcing the general criminal laws of this State. For purposes of this chapter, it also includes any municipal or county jail, detention center or correctional facility.

"Local law enforcement officer" means any full-time, sworn, permanently appointed county or municipal officer who has the full power to arrest and who regularly exercises police powers regarding the enforcement of the general criminal laws of this State. For purposes of this chapter, in accordance with the provisions of the Act, it also includes a full-time, sworn, permanently appointed officer of any county or local jail, detention center or correctional facility. The term "local law enforcement officer" includes, but is not necessarily limited to:

1. Municipal police officer;

2. Sheriffs' officer;

3. County court attendant;

4. County corrections officer;

5. County police officer;

6. County park police officer;

7. County prosecutors' investigator;

8. County prosecutors' detective; and

9. Local housing police officer, guard or patrolman.

"Local unit" means a county or municipality.

"Mandatory wear policy" is an applicant agency's written policy to wear body armor for uniformed officers while engaged in patrol or field operations. The terms and exemptions of this mandatory wear policy will be determined by each applicant agency head in the reasonable exercise of his or her discretion.

"Parole officer" means a duly appointed parole officer of the State Parole Board.

"Probation officer" means a duly appointed probation officer of the Administrative Office of the Courts whose daily duties expose the officer to a substantial risk of assault by a deadly weapon.

"Program" means the Body Armor Replacement Fund Program.

"State Department of Corrections officer" means corrections officers and corrections investigators of the State Department of Corrections.

"State Police officer or trooper" means sworn members of the Division of State Police.

N.J. Admin. Code § 13:80A-1.4

Amended by R.2009 d.124, effective 4/20/2009.
See: 41 N.J.R. 96(a), 41 N.J.R. 1877(a).
Rewrote definitions "Annual replacement allotment", "Applicant", "Body armor", "Eligible officer" and "State Department of Corrections officer"; added definitions "Investigator", "Juvenile Justice Commission officer", "Parole officer" and "Probation officer"; and substituted definition "State Police officer or trooper" for definition "State police officer or trooper".
Amended by R.2010 d.170, effective 8/16/2010.
See: 42 N.J.R. 839(a), 42 N.J.R. 1900(a).
Deleted definition "State fiscal year".
Amended by R.2012 d.185, effective 11/5/2012.
See: 44 N.J.R. 1964(a), 44 N.J.R. 2905(a).
Added definition "Mandatory wear policy".