Allows persons who qualify under Deferred Action for Childhood Arrivals program to become law enforcement and corrections officers.

A4313

ASSEMBLY, No. 4313

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Allows persons who qualify under Deferred Action for
Childhood Arrivals program to become law enforcement and corrections officers.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning law enforcement and amending various parts
of the statutory law.�

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.
1991, c.110
(C.30:4-3.11) is amended to read as follows:�

����
1.��� A
person shall not be appointed as a correctional police officer of any
correctional institution assigned, maintained, or operated by the Department of
Corrections unless that person:

����
a.���� is
a citizen of the United States
or has been granted relief from federal
immigration laws under the federal Deferred Action for Childhood Arrivals
program
;

���� b.��� is able to read, write
and speak the English language well and intelligently and has a high school
diploma or its equivalent;

���� c.���� is sound in body and of
good health;

���� d.��� is of good moral
character; and

���� e.���� has not been convicted
of any offense which would make the person unfit to perform the duties of the
office as evidenced by a criminal history record background check.

(cf: P.L.2021, c.305, s.3)�

���� 2.��� Section 2 of P.L.1991,
c.110 (C.30:8-18.1) is amended to read as follows:��

���� 2.��� No person shall be
appointed as a corrections officer of any county correctional institution
unless that person:�

���� a.���� Is a citizen of the
United States
or has been granted relief from federal immigration laws under
the federal Deferred Action for Childhood Arrivals program
;

���� b.��� Is able to read, write
and speak the English language well and intelligently and has a high school
diploma or its equivalent;�

���� c.���� Is sound in body and of
good health;

���� �d.�� Is of good moral
character;

���� �e.��� Has not been convicted
of any offense which would make him unfit to perform the duties of his office.�

(cf: P.L.1991, c.110, s.2)��

���� 3.��� N.J.S.40A:14-122 is
amended to read as follows:�

���� 40A:14-122. Except as
otherwise provided by law, no person shall be appointed as a member of the
police department and force, unless he:

���� (1) is a citizen of the United
States
or has been granted relief from federal immigration laws under the
federal Deferred Action for Childhood Arrivals program
;

���� (2) is sound in body and of
good health sufficient to satisfy the board of trustees of the police and
firemen's retirement system of New Jersey as to his eligibility for membership
in the retirement system;

���� (3) is able to read, write and
speak the English language well and intelligently;

���� (4) is of good moral
character, and has not been convicted of any criminal offense involving moral
turpitude.

���� The appointing body, officer
or officers of the municipality when authorized� so to do, may employ such
officers and other personnel for said police� department and force as temporary
employees in emergencies, or for certain� specified parts of the year, as
needed.

���� Except as otherwise provided
by law, any permanent member or officer of such� police department and force
who shall be absent from duty without just cause or� leave of absence, for a
continuous period of 5 days, shall cease to be a member� of such police
department and force.

(cf: P.L.1971, c.443, s.4)�

���� 4.��� Section 6 of P.L.1995,
c.284 (C.52:17B-174) is amended to read as follows:

���� 6.��� a.� The Youth Justice
Commission shall employ, within the limits of available funds, juvenile
corrections officers to staff each State secure juvenile facility and to
provide security for other State juvenile facilities and programs including
parole programs as deemed appropriate and to perform all other duties related
to enforcement of confinement and conditions of release including execution of
warrants and legal process.� Juvenile corrections officers shall be in the
competitive division of the career service established pursuant to
N.J.S.11A:3-2, "policemen" within the meaning of section 1 of
P.L.1944, c.255 (C.43:16A-1) and members of the Police and Firemen's Retirement
System of New Jersey established pursuant to section 2 of P.L.1944, c.255 (C.43:16A-2),
and shall be "employees" within the meaning of section 3 of P.L.1941,
c.100 (C.34:13A-3).

���� b.��� Except as provided in
subsection c. of this section, no person shall be appointed as a juvenile
corrections officer unless that person:

���� (1)�� Is a citizen of the
United States
or has been granted relief from federal immigration laws under
the federal Deferred Action for Childhood Arrivals program
;

���� (2)�� Is able to read, write
and speak the English language well and intelligently;

���� (3)�� Has a high school
diploma or its equivalent;

���� (4)�� Is sound in body and of
good health;

���� (5)�� Is of good moral
character;

���� (6)�� Has not been convicted
of any offense which would make the person unfit to perform the duties of a
juvenile corrections officer;

���� (7)�� Has successfully
completed the training course approved by the Police Training Commission and
required by section 5 of P.L.1988, c.176 (C.52:17B-68.1) or is exempt pursuant
to the provisions of that section; and

���� (8)�� Meets such other
qualifications, including education and training, as may be specified by the
commission in consultation with the Civil Service Commission.

���� c.���� (1)� Pending
appointment of a full complement of juvenile corrections officers who meet the
requirements of subsection b. of this section, the commission and the
Commissioner of Corrections shall arrange through agreement for the assignment
of corrections officers necessary to fill the positions transferred pursuant to
section 8 of P.L.1995, c.284 (C.52:17B-176).� Corrections officers assigned to
the commission pursuant to such an agreement shall be under the supervision of
the commission during the period of assignment as provided by the agreement
between the commission and the Commissioner of Corrections.� The primary
concerns of all agreements governing assignment and supervision shall be public
safety and safety within the facilities and programs.� No officer assigned
pursuant to such an agreement shall, by virtue of such assignment, be
considered an employee of the commission or lose or suffer any diminution of
any right, power, privilege or benefit to which the employee would otherwise be
entitled pursuant to the provisions of Title 11A of the New Jersey Statutes,
Title 34 of the Revised Statutes, or Title 43 of the Revised Statutes,
including any rights, powers, privileges or benefits as to salary, seniority,
promotion, re-employment, retirement, pension or representation for purposes of
collective bargaining;

���� (2)�� Notwithstanding the
provisions of subsection b. of this section, a corrections officer assigned to
the commission pursuant to this section shall not be considered ineligible for
the position of juvenile corrections officer solely because the officer does
not meet any educational or training requirement the commission may establish
and may be appointed as a juvenile corrections officer if the officer applies
for such position within 18 months of the effective date of this act.� A
juvenile corrections officer appointed pursuant to this subsection shall not be
deprived of any right or protection provided by Title 11A of the New Jersey
Statutes or any pension or retirement system and, notwithstanding any law or
regulation to the contrary, shall be eligible to compete for vacant positions
within the Department of Corrections with full credit for experience, service
and rank earned as an employee of the Department of Corrections and such credit
for experience, service and rank earned as an employee of the commission as the
Commissioner of Corrections, after consultation with the Civil Service
Commission, deems appropriate.

���� d.��� Each juvenile
corrections officer shall by virtue of such employment and in addition to any
other power or authority, be empowered to act as an officer for the detection,
apprehension, arrest and adjudication of offenders against the law and, subject
to regulations promulgated by the commission and conditions set forth in
N.J.S.2C:39-6, shall have the authority to possess and carry a firearm.

(cf: P.L.2025, c.35, s.78)�

���� 5.��� (New section) A person
who has been granted relief from federal immigration laws under the federal
Deferred Action for Childhood Arrivals program and is appointed as a
correctional police officer pursuant to s
ection 1 of P.L.
1991, c.110
(C.30:4-3.11), county corrections officer pursuant to section 2 of P.L.1991,
c.110 (C.30:8-18.1), law enforcement officer pursuant to N.J.S.40A:14-122, or
juvenile corrections officer pursuant to section 6 of P.L.1995, c.284
(C.52:17B-174) shall be entitled to carry a firearm in the course of the
officer�s employment and when required by the officer�s supervising authority.�

���� 6.��� This act shall take
effect immediately.�

STATEMENT

���� This bill allows persons who
have been granted relief under the federal
Deferred Action for Childhood Arrivals (DACA) program to become law
enforcement officers, State and county correctional police officers, and
juvenile corrections officers.

���� Under current law, a person is required to be a United
States citizen as a prerequisite to being appointed as a law enforcement or
corrections officer.� The DACA program was established by the federal
government to protect from deportation certain noncitizens who were brought to
the United States as children and allow them to receive work permits.� Under
this bill, persons who qualify under the DACA program would be eligible to
become law enforcement or corrections officers.� The bill also clarifies that a
person who qualifies under the DACA program and is appointed as a law
enforcement or corrections officer would be entitled carry a firearm in the
course of the officer�s employment and when required
by the officer�s
supervising authority.�