Establishes Office of Algorithmic Civil Rights in DLPS to prevent discrimination in use of algorithms.

S4239

SENATE, No. 4239

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 14, 2026

Sponsored by:

Senator� BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

SYNOPSIS

���� Establishes Office of Algorithmic Civil Rights in
DLPS to prevent discrimination in use of algorithms.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
establishing an Office of Algorithmic Civil Rights in
the Department of Law and Public Safety to prevent discrimination in the use of
algorithms and supplementing Title 52 of the Revised Statutes.

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

���� 1.� a.� As used in this
section:

���� �Director� means the Director
of the Office of Algorithmic Civil Rights in the Department of Law and Public
Safety.

���� �High-risk algorithmic system�
means any automated or semi-automated system used by a State entity that may impact
an individual�s ability to access housing, public benefits, employment,
healthcare, education, or involvement with the criminal justice system.

���� �Office� means the Office of Algorithmic
Civil Rights in the Department of Law and Public Safety.

���� �State entity� means any of
the principal departments in the Executive Branch of State Government, and any agency,
division, board, bureau, office, commission, or other instrumentality within or
created by such department, and any independent State authority, commission, or
instrumentality thereof.

���� b.� There is established in
the Department of Law and Public Safety an Office of Algorithmic Civil Rights.�
The Attorney General shall appoint a director, who shall serve as the
administrator and head of the office.� The director shall serve at the pleasure
of the Attorney General.� The director shall be a person qualified by training
and experience to perform the duties of the office and shall devote the
director�s entire time to the performance of those duties.� The director shall
administer the work of the office under the direction of the Attorney General
and shall perform such other functions as the Attorney General may prescribe.� The
director may hire staff as necessary to assist with the duties of the office,
within the limits of funds appropriated or made available to the office for
such purposes.� A person�s lived experience or work experience with algorithms
and civil rights shall be considered when decisions are made for the hiring of
staff for the office.

���� c. �The core functions of the
Office of Algorithmic Civil Rights shall be to:

���� (1) serve as a centralized
location for expertise and data on the biases, discrimination, and other harms
caused by high-risk algorithmic systems and the methods to prevent such harms
from occurring;

���� (2) engage in programs,
initiatives, and policies to support education and safe practices related to
the use of algorithmic systems by State entities;

���� (3) analyze and report on data
relevant to the potential harms of algorithm use;

���� (4) identify and advise on
improvements to operational processes and systems within State entities to
align with best practices; and

���� (5) develop and deliver
training tailored to the functions and requirements of State entities in
relation to algorithmic systems.

���� In addition to the core
functions defined in this subsection, the duties of the office may expand in
response to emerging needs and crises related to algorithmic systems, as
determined by the Attorney General.

���� d.� The office shall, at least
biannually, conduct audits of high-risk algorithmic systems used by State entities
to assess compliance and identify potential discriminatory impacts.� The audits
shall include, at a minimum, the intended purpose and use of the system, the
data inputs utilized, an evaluation of potential bias or disparate impact,
measures to mitigate risks of discrimination, and a summary suitable for public
disclosure, consistent with applicable State and federal privacy laws. �If the
office identifies a risk of bias or discrimination, the office shall issue
recommendations to the applicable State entity and such entity shall develop
and implement a corrective action plan within a reasonable timeframe
established by the director of the office.

���� e.� Each State entity that
utilizes, funds, or oversees algorithms shall designate an algorithmic civil
rights liaison to the Office of Algorithmic Civil Rights.

���� f.� The office shall use its
data to inform the State�s efforts, to the extent permissible under State and
federal law.

���� g.� The office shall submit an
annual report to the Governor, and to the Legislature pursuant to section 2 of
P.L.1991, c.164 (C.52:14-19.1).� The report shall include, but need not be
limited to, a summary of algorithmic systems reviewed, findings related to bias
or discrimination, corrective actions taken by State entities, and
recommendations for legislative or regulatory changes.

���� h.� The director shall, in
accordance with the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.), adopt rules and regulations as necessary to implement the provisions
of this act.

���� i.� Nothing in this act shall
be construed to limit or supersede the authority of the Division on Civil
Rights or any other State entity responsible for enforcing civil rights laws.

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

STATEMENT

���� This bill establishes an
Office of Algorithmic Civil Rights in the Department of Law and Public Safety.

���� The Attorney General will
appoint a Director of the Office of Algorithmic Civil Rights, and the director
will be the administrator and head of the office.� The director may hire staff
as necessary to assist with the duties of the office, within the limits of
funds appropriated or made available for such purposes.

���� The bill requires the office
to serve as a centralized location for expertise and data on the biases,
discrimination, and other harms caused by high-risk algorithmic systems and the
methods to prevent such harms from occurring, and will engage in programs,
initiatives, and policies to support education and safe practices related to
the use of algorithmic systems by State entities.� The office will analyze and
report on data relevant to the potential harms of algorithm use, and identify
and advise on improvements to operational processes and systems within State entities
to align with best practices.� The office will develop and deliver training
tailored to the functions and requirements of State entities in relation to
algorithmic systems.

���� The bill also requires the
office to, at least biannually, conduct audits of high-risk algorithmic systems
used by State entities to assess compliance and identify potential
discriminatory impacts. �If the office identifies a risk of bias or
discrimination, the office will issue recommendations to the applicable entity and
such entity will develop and implement a corrective action plan within a
reasonable timeframe established by the director of the office.

���� The bill provides that each
State entity that utilizes, funds, or oversees algorithms will designate an
algorithmic civil rights liaison to the Office of Algorithmic Civil Rights.

���� The bill also requires the
office to use its data for informing the State�s efforts, to the extent
permissible under State and federal law.

���� The bill requires the office
to submit an annual report to the Governor and the Legislature, which will
include, but need not be limited to, a summary of algorithmic systems reviewed,
findings related to bias or discrimination, corrective actions taken by State entities,
and recommendations for legislative or regulatory changes.