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Sunday, December 22, 2024

New Jersey revises use-of-force policy for handling barricaded suspects

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Lyndsay V. Ruotolo First Assistant Attorney General | New Jersey Department of Law and Public Safety

Lyndsay V. Ruotolo First Assistant Attorney General | New Jersey Department of Law and Public Safety

TRENTON — Attorney General Matthew J. Platkin today announced revisions to the Use of Force policy for New Jersey law enforcement, aimed at promoting peaceful resolutions in encounters with barricaded individuals, who are often experiencing behavioral or mental health crises.

The updated policy ensures that tactical and crisis-negotiation teams responding to such incidents receive optimal training and necessary resources and equipment.

“Encounters involving barricaded individuals are often difficult and high risk, regularly involving individuals in the midst of crisis who are armed,” said Attorney General Platkin. “This policy represents the first statewide policy of its kind in the country, and is the result of an intensive process that involved law enforcement leaders, mental health professionals, violence intervention experts, and community stakeholders. Our goal is to provide first-responders with the tools to slow and stabilize these standoffs, empowering officers to navigate the dangerous first minutes of these encounters so proper resources can be deployed to intervene and resolve the situations safely without force, significant injuries, or death.”

“Barricaded individuals present law enforcement officers with difficult challenges that can threaten the safety of the individuals, officers, and third parties,” said Drew Skinner, Executive Director of OPIA. “The amended policy and additional ARRIVE Together resources will give law enforcement the best opportunity to resolve these incidents safely for all involved.”

The revisions were developed in consultation with law enforcement officials, mental health professionals, community stakeholders, and faith leaders. Key changes include:

- Tactical and crisis negotiation teams must now identify qualified mental health professionals available to respond to incidents involving a barricaded individual or hostage situation. These professionals can assist with negotiations by offering guidance or communicating directly with the individual.

- First-responding officers facing a barricaded situation are advised not to force a resolution unless immediately necessary to prevent injury or death. When feasible and when no immediate threat is present, officers should establish a perimeter and communicate with the individual to assess their status.

- Law enforcement may consider tactical disengagement as a method for reaching resolution when continued contact poses unreasonable risk. This involves delaying contact or planning for engagement under different circumstances.

- Agencies must adopt policies mandating an immediate response by an on-duty supervisor who will establish incident command to determine needed resources. A tier 1 or tier 2 SWAT team must be notified.

- Tactical teams must be equipped with less lethal weapons such as Tasers and impact munitions as well as devices enhancing communication and intelligence gathering capabilities.

Attorney General Platkin also highlighted funding from recent state budget allocations by Governor Murphy for expanding the ARRIVE Together program—the nation’s first statewide program for alternative responses to behavioral health crises—to support implementation of these updates.

“Law enforcement officers are often expected to be mental and behavioral health experts at times when actual experts are what is needed,” said Tiffany Wilson, Director of OACR. “With these updates...we are arming [officers] tasked with addressing...high-risk situations with much-needed tools...namely a blueprint and a mental health expert.”

Certain policy changes—such as how first responders should approach barricaded individuals—will take effect in October 2024. Other provisions will be phased in later.

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