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State of New Jersey
PHILIP D.MURPHY

OFFICE OF THE ATTORNEY GENERAL

Gouerrr,or

DEPARTMENT OF LAW AND PUBLIC SAFETY
PO Box 080

SHEILA Y. OLIVER

TRENTON, NJ 08625-0080

GURBIR S. GREWAL

Atto~~ney Gen,er~al,

Lt. Gouer-no~-

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO.2018-2
TO:

All Law Enforcement Chief Executives

FROM:

Gurbir S. Grewal, Attorney General

DATE:

March 20, 2018

SUBJECT:

Statewide Mandatory Random Drug Testing

I.

Back rg, ound

The Attorney General is responsible for ensuring that law enforcement provides the
highest level of service to the public, and that all officers have the physical and mental capacity
to perform their duties safely and effectively. An officer's life, the lives of fellow officers, and
the lives of the public depend on the officer's alertness and ability to make rational decisions
unaffected by illegal drug use.
Testing of law enforcement officers in New Jersey for illegal drug use is governed by the
Attorney General 's Law Enforcement Drug Testing Policy (hereinafter "AG Testing Policy").
Established in 1986, the AG Testing Policy has been reviewed and updated regularly over the
years since its issuance. The AG Testing Policy already requires the testing of applicants and
trainees for law enforcement positions. It further requires all law enforcement officers be tested
if reasonable suspicion exists that they are using drugs illegally.
For the past 20 years, the AG Testing Policy has encouraged, but not required, law
enforcement agencies to adopt a random drug testing component to departmental drug testing
policies. Because illicit drug use can be hidden, random drug testing provides an objective
procedure to test for violations of a department's drug policy. At the same time, the AG Testing
Policy recognizes the importance of working with unions and governing bodies to ensure that
privacy and collective bargaining interests are protected when implementing a random drug
testing process.
Some County Prosecutors already mandate random drug testing in each police
department within their jurisdiction and a significant number of police departments in New
Jersey presently conduct random drug testing of their officers. To ensure that all law
enforcement agencies are employing random drug testing and doing so in a consistent manner,

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 Page 2
this Directive establishes a uniform policy requiring that all law enforcement agencies statewide
conduct mandatory random drug testing of all sworn officers.
Therefore, pursuant to the authority granted to me under the Criminal Justice Act of
1970, N.J.S.A. 52:17B-97 to -117, which provides for the general supervision of criminal justice
by the Attorney General as chief law enforcement officer of the State to secure the benefits of a
uniform and efficient enforcement of the criminal law and the administration of criminal justice
throughout the State, I, Gurbir S. Grewal, hereby DIRECT all law enforcement and prosecuting
agencies operating under the authority of the laws of the State of New Jersey to implement and
comply with the following policies, procedures, standards, and practices.
II.

Implementation
A.

A~plicabilitX

This Directive shall apply to all state, county, and municipal law enforcement agencies
and sworn officers who are responsible for enforcing the criminal laws in New Jersey, come
under the jurisdiction of the Police Training Act, and are authorized to carry a firearm under
N.J.S.A. 2C:39-6. Applicants for a position as a law enforcement officer and law enforcement
trainees shall continue to be subject to drug testing, as set forth in the AG Testing Policy.
B.

Establishment of Random Dru ~~Testin~Y

All state, county, and municipal law enforcement agencies shall adopt and/or revise their
existing drug testing policies, consistent with this Directive, either by rule, regulation, or
standard operating procedure ("SOP"), as required by state law.
C.

Frequency and Number of Officers to be Tested

Each agency in its policy shall delineate the frequency and number of officers to be
selected for random drug testing. At a minimum, random drug testing shall be conducted at least
once in the remainder of 2018 and at least twice in every subsequent calendar year. At least 10
percent of the total number of sworn officers within an agency shall be randomly tested each
time.
D.

Notification of Random Dru~Testin~ Policy

Each agency shall notify all sworn officers of the implementation of a random drug
testing policy. The notification shall indicate that, upon an initial positive result, the officer shall
be suspended immediately from all duties. The notification also shall indicate that, upon final
disciplinary action, the officer shall be terminated from employment as a law enforcement
officer, the officer shall be reported to the Central Drug Registry maintained by the State Police,
and the officer shall be permanently barred from future law enforcement employment in New
Jersey.

 Page 3
E.

Continuation of AG Testing Policy Procedures

Each agency shall ensure that its random drug testing policy is consistent with the
procedures set forth in the AG Testing Policy including:
1.
2.
3.
4.
5.
6.
7.
8.
9.
F.

Specimen Acquisition Procedures (Section IV);
Submission of Specimens for Analysis (Section V);
Analysis of Specimens (Section VI);
Drug Test Results (Section VII);
Consequences of a Positive Test Result (Section VIII);
Consequences of a Refusal to Submit to a Drug Test (Section IX);
Resignation/Retirement in lieu of Disciplinary Action (Section X);
Record Keeping (Section XI); and
Central Drug Registry (Section XII).

Notification to County Prosecutor

In the event of (1) a positive drug test by an officer, (2) a refusal by an officer to take the
drug test, or (3) administration of a reasonable suspicion drug test to an officer, the law
enforcement agency's chief executive or a designee shall provide a confidential written notice to
their County Prosecutor or his/her designee within 10 days. Upon completion of any disciplinary
action, each agency shall report the discipline to the County Prosecutor or designee.
By December 31st of each year, every law enforcement agency shall provide written
notice to their County Prosecutor or his/her designee of the dates of testing conducted during the
prior year, the total number of sworn officers employed by the agency, the total number of sworn
officers tested, and the total number of sworn officers who tested positive.
G.

Annual Report to Attorney General

By January 31st of each year, each County Prosecutor shall submit a report to the
Attorney General, through the Division of Criminal Justice's Prosecutors' Supervision and
Training Bureau. This summary shall include a statement indicating those agencies under the
County Prosecutor's supervision that are in compliance with this Directive and those that are not.
The summary shall not reveal any subject officer's identity.
III.

Public Accessibility and ConfidentialitX

All random drug testing policies adopted by law enforcement agencies shall be made
available to the public upon request and shall be posted on the agency's website. Annual reports
from the County Prosecutors to the Attorney General (as required by Section II.G, above) also
shall be made available to the public upon request and shall be posted on the agency's website.
All written reports created or submitted pursuant to this Directive that identify specific
officers are confidential and not subject to public disclosure.

 Page 4

IV.

Effective Date

This Directive shall take effect immediately upon issuance. All drug testing policies shall
be adopted and/or revised in accordance with this Directive within 30 days. The AG Testing
Policy will be updated to conform with this Directive within 30 days.

Gurbir S. Grewal
Attorney General
ATTEST:
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~~~E~1ie Honig ~~;~
Director, Division of Criminal Justice
Issued on: March~` , 2018