Office of the Attorney General Department of Law and Public Safety Assembly Budget Committee Responses Assemblyman Johnson: • Please provide the number of motions by county prosecutors for preventive detention hearings in calendar year 2016 and 2017 to date. Criminal Justice Reform was effective on January 1, 2017, therefore there were no pretrial detention motions filed in 2016. From January 1, 2017, through February 28, 2017, a total of 2,166 pretrial detention motions were filed statewide. This is the most updated information provided by the Administrative Office of the Courts. • Please clarify if the New Jersey Transit Police is in possession of, or has plans to procure, body worn cameras for the protection of the officers and patrons. While the New Jersey Transit Police Department is not within the Department of Law and Public Safety, it is the Department’s understanding that the New Jersey Transit Police Department has acquired Body Worn Cameras and is in the process of deploying them. • The Governor’s FY 2018 budget reflects a $3.6 million increase in revenue from the Division of State Police non-criminal record checks /fingerprint fees (p. C-6). Please provide the definition of a “non-criminal background check” as it relates to this fee increase. Please provide all the categories in which the fee will increase. The following are examples of non-criminal record checks: Governmental entities of this State, the federal government, or any other State for any official governmental purpose, including, but not limited to, employment, licensing and the procurement of services; A person or non-governmental entity of any State that seeks to directly engage the services of the subject of the record, for the purpose of determining the subject's qualifications for employment, volunteer work or other performance of service; Attorneys-at-law licensed by any State for use in any contested matters docketed in any state or federal court or administrative agencies of this state; 1 Private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8 et seq. for the purposes of obtaining information in the furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9; and A person for the purpose of obtaining his/her personal record request. • The Commission on Capital Budgeting and Planning recommended $1.1 million toward a boiler system replacement for the Division of State Police Troop A Headquarters. Please provide an overview of the expenditures associated with this specific capital recommendation. The capital appropriation of $1.1 million is requested to replace the aging, damaged and inefficient Black Seal boilers at the Troop A Headquarters, which are at the end of their expected life cycle. The new modern high performance, energy efficient boilers will drastically cut energy consumption and achieve significant savings in the State’s energy bills. The energy savings come from the improved efficiency of the equipment as well as from the modern boilers' modulating capabilities. Assemblyman Burzichelli: • First responders Statewide maintain they continue having difficulties communicating due to interoperability issues. Please provide an overview of the status of interoperability, specifically radio communications, between local emergency units such as fire, law enforcement, and emergency medical services not only within a municipality, but also from jurisdiction to jurisdiction as services are provided outside their jurisdiction through times of mutual aid. At the State level, the issue of local interoperable communications is primarily addressed by the Division of State Police, the Office of Information Technology, and the Office of Homeland Security and Preparedness. The Statewide Public Safety Communications Commission which is administered in the Office of Information Technology has responsibility to foster interoperability and assist in developing plans that help local first responders. Through their actions there is a Statewide Communications Interoperability Plan (SCIP) that outlines the statewide landscape, as well as Tactical Interoperable Communications Plans (TIC-P) for each of the four homeland security regions. In addition, the Statewide Interoperability coordinator within the Office of Information Technology supports county and local first responder communications from an operational and planning perspective. One of the primary responsibilities of the State Police Communications Bureau located in New Jersey’s Office of Emergency Management (NJ OEM) is to enhance interoperability, capabilities, and operations for all agencies in accordance with National Response Framework, 2 goals promulgated by The Department of Homeland Security. One of the primary methods the NJ OEM uses to support interoperability is through the Statewide 700/800 radio system. Since 2007, the state has been engaged in a project that upgrades the statewide radio system, bringing on county and local public safety agencies when appropriate. This has had the effect of improving interoperability and operations in those areas. The radio enhancements are ongoing as it is a long term and costly project. In the Office of Emergency Management, the Communications Bureau deploys personnel and resources to support first responder communications on an ongoing basis for special events and other needs. Some of the recent events include the Papal Visit in 2015, the Miss America 2016 pageant, and the several regional Air Shows. The technical staff of the Communications Bureau, along with the state interoperability coordinator, meets with county and local representatives to collaborate and try to develop solutions to local communications problems. In conclusion, the State Police continues to work with our state partners, and to collaborate with local partners, to support radio Communications for first responders statewide to the highest extent possible. Assemblyman Schaer: • Please provide the total appropriation for cybersecurity and cyberterrorism in FY 2018 as compared to amounts expended in FY 2017 and FY 2016. The SFY18 cybersecurity appropriations include a $6 million appropriation from direct state service and a transfer of up to $1.7 million from the vehicle rental surcharge. OHSP executes a $2.3 million cybersecurity reimbursement collection from state agencies for cybersecurity and data protection related services and products. A total of $10 million dollars will be available to support cybersecurity initiatives. For SFY17, OHSP has approximately $10 million dollars available to support cybersecurity related services and products. OHSP is on track to expend all available dollars. During SFY16, OIT was the responsible agency to provide cybersecurity and data protection. OHSP does not possess SFY16 cybersecurity and data protection budgetary information. • Please provide an explanation for the FY 2018 recommended decrease of $10 million under Legal Services in General Government Services reflected in the Governor’s FY 2018 Budget (p. D-245). As specifically noted on page D-269 within the Division of Law Recommended Budget the $10 million decrease in FY 18 represents the discontinuation of the FY 17 Division of Law one-time Supplemental for Outside Counsel related costs. 3 • The Governor’s FY 2018 Budget reflects slight incremental annual increases in the area of “Gang Member Arrest” under the State Police Investigation Branch (p. D-245). With the increase in recent gang violence, please justify the low recommended performance target in this category. The FY 2018 Department of Law and Public Safety technical budget preparations began in September 2016. Data collected and analyzed at that point in time for Gang member arrests produced a Performance Target FY 2017 of 115. Divisions provide the Department with quarterly updates throughout the fiscal year. The FY 2017 actual number for three (3) quarters is 152. It should also be noted that the NJSP arrests suspected gang members frequently. Under N.J.S.A. 2C:33-29, an individual must meet at least two of the criteria listed in the statute to be officially identified as a gang member. Considering the legal ramifications of inappropriately classifying an individual as a gang member, the NJSP is careful to ensure that evidence exists to support identification. • The Governor’s FY 2018 Budget reflects significant annual increases in both the applications and systems vulnerability assessments conducted by the Office of Homeland Security and Preparedness (OSHP) through the category of Cybersecurity Awareness (p. D-249). Please share with the committee how, with perceived decrease in appropriations, the OSHP intends to achieve this mission. In the past year, the OHSP has reorganized the vulnerability management function, hiring additional personnel, investing in new technologies and training, and developing efficient processes. In doing so, it has significantly increased the number and effectiveness of both the systems and application vulnerability assessments it conducts. The reorganization has also increased the OHSP’s ability to provide guidance to Executive Branch IT teams regarding remediation of discovered vulnerabilities as well as risk mitigation strategies. In FY 2018, the OHSP will continue to develop its vulnerability management program as a key component of its proactive cybersecurity strategy. The decrease in appropriation, which is the result of operational efficiencies, will have no impact on OHSP’s cybersecurity