Sign Up for Mailing List   Contact Us   Advertise    Request Reprints of Articles

NJLawman.com
N E W S,  O P I N I O N,  C O M M E N T A R Y
                                          
 

       L A W   E N F O R C E M E N T   M A G A Z I N E


2014 NJ Police Training & Schools

Visit Us on Facebook

Follow Us on Twitter

Visit
Our
2014
NJ
Police Training
&
Schools Section

 

Features

Home

NJ Law Enforcement

Site Search

Editorials

Roll Call

Opinions

Photo of the Week

Links

Site Map

 

News

Police News

News Archives Nation

News Archives NJ

L/O Duty Deaths

Events

 

Marketplace

LE Equipment

LEO Gifts

 

Click here to receive NJ Law Enforcement Bulletins

 

Training

NJ Police Training

National Training

 

Resources

Invest Resources

NJ Media Center

10 Deadly Sins

NJ Newspapers

Comp Time Law

NJ Most Wanted

Police Videos

Entry Level

Links

Police Poems

National Police Week

 

IA

IA Resource Center

Garrity Warning

 

Forums

Forums

 

NJLawman.com

About Us & Info

Advertise

Contact Us

Contact Us

 

Satellite Phones  An Asset
for Disasters

 

Law Enforcement
&
Police
Grants

 

Stinger Flashlights

What you Need to Know  Before Making a Purchase!

 

PBA Loan

 

Police and Law Enforcement Home  >  The 45 Day Rule

 

 

THE 45 DAY RULE

The Most Misunderstood Concept in NJ Law Enforcement

 

NJLawman.com
Sunday, October 23, 2005 11:56 p.m.

The New Jersey Attorney General's Guidelines on Internal Affairs contains a provision that is misunderstood more often than it is understood.

Most have heard of the 45 Day Rule or the Forty Five Day Rule.

The actual rule as taken from the actual guideline as follows:

"Under N.J.S.A.40A:14-147, disciplinary charges alleging a violation of the agency’s rules and regulations must be filed within 45 days of the date the person filing the charge obtained sufficient information to file the charge."

Notice that the rule does not say that charges must be filed within 45 days of the incident.  They must be filed within "45 days of the date the person filing the charge obtained sufficient information to file the charge."

There is an exception to this, however.  As written in the policy...

"This “45 day rule” does not apply to disciplinary charges alleging officer misconduct or incapacity. In addition, citizens are not bound to make their complaint within 45 days of the incident. However, once the agency has received the citizen’s complaint, the 45 day rule applies."

One last part of the rule is also important:

"The commencement of a criminal investigation into the subject matter of an internal affairs complaint will cause the 45 day rule to be suspended pending the outcome of the criminal investigation. The 45 day rule will remain suspended until the disposition of the criminal investigation. However, upon disposition of the criminal investigation, agencies will once again be bound by the 45 day rule."

This last part simply means that the 45 day rule does not apply to criminal investigations.  Also, if a non-criminal internal affairs investigation becomes a criminal investigation, the 45 day rule becomes suspended. 

NJLawman.com
Sunday, October 23, 2005 11:56 p.m.

 

 

Visit Our 2013 NJ Police Training & Schools Section

Mailing List

Receive New Jersey Law Enforcement bulletins
If you would like to receive New Jersey law enforcement
bulletins and/or law enforcement job announcements, click here.

Police and Law Enforcement Home    Advertise    Submit Your Site
Submit Police News   Police Grants    Police Forums    Police News

Copyright ©2002-2014-All Rights Reserved  Law Enforcement Media Group - (Not an Official Police Department)    PERC

 

S O C I A L    M E D I A