Bill Text: NJ A1112 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes procedure to insure inmates with military service receive all the veteran benefits to which they are entitled upon release.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A1112 Detail]
Download: New_Jersey-2012-A1112-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
SYNOPSIS
Establishes procedure to insure inmates with military service receive all the veteran benefits to which they are entitled upon release.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain veterans and supplementing and amending parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Whenever the court shall determine, from its due consideration of the presentence report prepared pursuant to N.J.C.2C:44-6 or any pretrial investigation or report, that a person to be sentenced to a term of imprisonment in a State correctional facility or county jail is a veteran of any military service, it shall, as part of the disposition imposing the term of imprisonment, so notify the Commissioner of Corrections or the chief administrative officer of the appropriate county jail.
b. Upon receipt of any such notice, the commissioner or the chief administrative officer, as the case may be, shall include the information in the inmate's personal file and shall forward the information to the State Parole Board for inclusion in its inmate parole files.
2. (New section) As part of the intake process, the chief administrative officer of each State correctional facility or county jail shall seek to determine whether an inmate who has been identified as a veteran has the appropriate military discharge forms. Copies of all such documentation of military service shall be included in an inmate's personal file and forwarded to the State Parole Board for inclusion in its inmate parole files.
If military discharge documentation cannot be located for an inmate identified as a veteran, the chief administrative officer of the State correctional facility or county jail, as appropriate, shall notify the New Jersey Department of Military and Veterans Affairs, requesting assistance in securing all such documentation. Should the department succeed in securing any such documentation, the original shall be transmitted to the inmate and copies to the chief administrative officer of the State correctional facility or county jail, as appropriate, to be included in the inmate's personal file and to the State Parole Board for inclusion in its inmate parole files.
3. (New section) The chief administrative officer of each State correctional facility and county jail shall survey all inmates under their custody that were incarcerated prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) in order to determine which of those inmates are veterans of military service. Working in conjunction with the New Jersey Department of Veterans and Military Affairs, the chief administrative officers of each State correctional facility and county jail shall attempt to secure appropriate documentation of each affected inmate's military service and discharge. Upon securing any such documentation, the original shall be transmitted to the inmate and copies to the chief administrative officer of the affected State correctional facility or county jail to be included in the inmate's personal file and to the State Parole Board for inclusion in its inmate parole files.
4. (New section) Six months prior to the release of an inmate who has been identified as a veteran of military service, the chief administrative officer of the State correctional facility or county jail wherein that inmate is incarcerated shall notify the Veterans Service Office in the New Jersey Department of Military and Veterans Affairs. The office shall investigate and seek to identify those veteran's benefits for which each such inmate may be eligible. The office shall report its findings to the chief administrator of the affected State correctional facility or county jail, and the State Parole Board for inclusion in its inmate parole files and each inmate's preparole report.
5. (New section) Each preparole report prepared pursuant to section 10 of P.L.1979, c.441 (C.30:4-123.54) shall indicate whether the eligible inmate is a veteran of military service and entitled to veteran benefits.
6 Section 15 of P.L.1979, c.441 (C.30:4-123.59) is amended to read as follows:
15. a. Each adult parolee shall at all times remain in the legal custody of the Commissioner of Corrections and under the supervision of the State Parole Board and each juvenile parolee shall at all times remain in the legal custody of the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170), except that the Commissioner of Corrections or the Executive Director of the Juvenile Justice Commission, after providing notice to the Attorney General, may consent to the supervision of a parolee by the federal government pursuant to the Witness Security Reform Act, Pub.L.98-473 (18 U.S.C. s.3521 et seq.). An adult parolee, except those under the Witness Security Reform Act, shall remain under the supervision of the State Parole Board and in the legal custody of the Department of Corrections, and a juvenile parolee, except those under the Witness Security Reform Act, shall remain under the supervision of the Juvenile Justice Commission, as appropriate, in accordance with the policies and rules of the board.
b. (1) Each parolee shall agree, as evidenced by his signature to abide by specific conditions of parole established by the appropriate board panel which shall be enumerated in writing in a certificate of parole and shall be given to the parolee upon release. Such conditions shall include, among other things, a requirement that the parolee conduct himself in society in compliance with all laws and refrain from committing any crime, a requirement that the parolee will not own or possess any firearm as defined in subsection f. of N.J.S.2C:39-1 or any other weapon enumerated in subsection r. of N.J.S.2C:39-1, a requirement that the parolee refrain from the use, possession or distribution of a controlled dangerous substance, controlled substance analog or imitation controlled dangerous substance as defined in N.J.S.2C:35-2 and N.J.S.2C:35-11, a requirement that the parolee obtain permission from his parole officer for any change in his residence, and a requirement that the parolee report at reasonable intervals to an assigned parole officer and, in the case of a parolee who is a veteran of military service and eligible for veteran benefits, to a designated New Jersey Department of Military and Veterans Affairs Veteran Service Office. In addition, based on prior history of the parolee or information provided by a victim or a member of the family of a murder victim, the member or board panel certifying parole release pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55) may impose any other specific conditions of parole deemed reasonable in order to reduce the likelihood of recurrence of criminal or delinquent behavior, including a requirement that the parolee comply with the Internet access conditions set forth in paragraph (2) of this subsection. Such special conditions may include, among other things, a requirement that the parolee make full or partial restitution, the amount of which restitution shall be set by the sentencing court upon request of the board. In addition, the member or board panel certifying parole release may, giving due regard to a victim's request, impose a special condition that the parolee have no contact with the victim, which special condition may include, but need not be limited to, restraining the parolee from entering the victim's residence, place of employment, business or school, and from harassing or stalking the victim or victim's relatives in any way. Further, the member, board panel or board certifying parole release may impose a special condition that the person shall not own or possess an animal for an unlawful purpose or to interfere in the performance of duties by a parole officer.
(2) In addition, the member or board panel certifying parole release may impose on any person who has been convicted or adjudicated delinquent for the commission of a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), and who is required to register as provided in subsections c. and d. of section 2 of P.L.1994, c.133 (C.2C:7-2), or who has been convicted or adjudicated delinquent for a violation of N.J.S.2C:34-3 any of the following Internet access conditions:
(a) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court, except the person may use a computer or any other device with Internet capability in connection with that person's employment or search for employment with the prior approval of the person's parole officer;
(b) Require the person to submit to periodic unannounced examinations of the person's computer or any other device with Internet capability by a parole officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection;
(c) Require the person to submit to the installation on the person's computer or device with Internet capability, at the person's expense, one or more hardware or software systems to monitor the Internet use; and
(d) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with Internet capability.
c. The appropriate board panel may in writing relieve a parolee of any parole conditions, and may permit a parolee to reside outside the State pursuant to the provisions of the Uniform Act for Out-of-State Parolee Supervision (N.J.S.2A:168-14 et seq.), the Interstate Compact on Juveniles, P.L.1955, c.55 (C.9:23-1 to 9:23-4), and, with the consent of the Commissioner of the Department of Corrections or the Executive Director of the Juvenile Justice Commission after providing notice to the Attorney General, the federal Witness Security Reform Act, if satisfied that such change will not result in a substantial likelihood that the parolee will commit an offense which would be a crime under the laws of this State. The appropriate board panel may revoke such permission, except in the case of a parolee under the Witness Security Reform Act, or reinstate relieved parole conditions for any period of time during which a parolee is under its jurisdiction.
d. The appropriate board panel may parole an inmate to any residential facility funded in whole or in part by the State if the inmate would not otherwise be released pursuant to section 9 of P.L.1979, c.441 (C.30:4-123.53) without such placement. But if the residential facility provides treatment for mental illness or mental retardation, the board panel only may parole the inmate to the facility pursuant to the laws and admissions policies that otherwise govern the admission of persons to that facility, and the facility shall have the authority to discharge the inmate according to the laws and policies that otherwise govern the discharge of persons from the facility, on 10 days' prior notice to the board panel. The board panel shall acknowledge receipt of this notice in writing prior to the discharge. Upon receipt of the notice the board panel shall resume jurisdiction over the inmate.
e. Parole officers shall provide assistance to the parolee in obtaining employment, education or vocational training or in meeting other obligations to assure the parolee's compliance with meeting legal requirements related to sex offender notification, address changes and participation in rehabilitation programs as directed by the assigned parole officer.
f. The board panel on juvenile commitments and the assigned parole officer shall insure that the least restrictive available alternative is used for any juvenile parolee.
g. If the board has granted parole to any inmate from a State correctional facility or juvenile facility and the court has imposed a fine on such inmate, the appropriate board panel shall release such inmate on condition that the parolee make specified fine payments to the State Parole Board or the Juvenile Justice Commission. For violation of such conditions, or for violation of a special condition requiring restitution, parole may be revoked only for refusal or failure to make a good faith effort to make such payment.
h. Upon collection of the fine the same shall be paid over by the Department of Corrections or by the Juvenile Justice Commission to the State Treasury.
(cf: P.L. 2007, c.219, s.5)
7. N.J.S.2C:44-6 is amended to read as follows:
2C:44-6. Procedure on Sentence; Presentence Investigation and Report. a. The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation when required by the Rules of Court. The court may order a presentence investigation in any other case.
b. The presentence investigation shall include an analysis of the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, family situation, financial resources, including whether or not the defendant is an enrollee or covered person under a health insurance contract, policy or plan, debts, including any amount owed for a fine, assessment or restitution ordered in accordance with the provisions of Title 2C, employment history, military service, if any, personal habits, the disposition of any charge made against any codefendants, the defendant's history of civil commitment, any disposition which arose out of charges suspended pursuant to N.J.S.2C:4-6 including the records of the disposition of those charges and any acquittal by reason of insanity pursuant to N.J.S.2C:4-1, and any other matters that the probation officer deems relevant or the court directs to be included. The defendant shall disclose any information concerning any history of civil commitment. The report shall also include a medical history of the defendant and a complete psychological evaluation of the defendant in any case in which the defendant is being sentenced for a first or second degree crime involving violence and:
(1) the defendant has a prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant to N.J.S.2C:4-6; or
(2) the defendant has a prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of the third degree pursuant to P.L.1992, c.209 (C.2C:12-10); or
(3) the defendant has a prior diagnosis of psychosis.
The court, in its discretion and considering all the appropriate circumstances, may waive the medical history and psychological examination in any case in which a term of imprisonment including a period of parole ineligibility is imposed. In any case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a child; N.J.S.2C:18-3, criminal trespass, where the trespass was committed in a school building or on school property; section 1 of P.L.1993, c.291 (C.2C:13-6), attempting to lure or entice a child with purpose to commit a criminal offense; section 1 of P.L.1992, c.209 (C.2C:12-10), stalking; or N.J.S.2C:13-1, kidnapping, where the victim of the offense is a child under the age of 18, the investigation shall include a report on the defendant's mental condition.
The presentence report shall also include a report on any compensation paid by the Victims of Crime Compensation Board as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within 20 days of notification by the probation department.
The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance.
c. If, after the presentence investigation, the court desires additional information concerning an offender convicted of an offense before imposing sentence, it may order any additional psychological or medical testing of the defendant.
d. Disclosure of any presentence investigation report or psychiatric examination report shall be in accordance with law and the Rules of Court, except that information concerning the defendant's financial resources shall be made available upon request to the Victims of Crime Compensation Board or to any officer authorized under the provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an assessment, restitution or fine and that information concerning the defendant's coverage under any health insurance contract, policy or plan shall be made available, as appropriate to the Commissioner of the Department of Corrections and to the chief administrative officer of a county jail in accordance with the provisions of P.L.1995, c.254 (C.30:7E-1 et al.).
e. The court shall not impose a sentence of imprisonment for an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.
f. (Deleted by amendment, P.L.1986, c.85).
(cf: P.L. 1997, c.216, s.2)
8. This act shall take effect on the first day of the fourth month following enactment, but the Commissioner of Corrections, the Adjutant General of Military and Veterans Affairs, and the Administrative Director of the Courts may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill establishes a procedure to identify inmates in State and county correctional facilities who are veterans of military service that might entitle them to veteran benefits upon their release.
One of the challenges facing the State Department of Corrections and the State Parole Board is assisting inmates in addressing their post-release needs. Finding housing and employment opportunities are major concerns; identifying social services and assistance programs is another. Currently, there is no formal procedural mechanism to ascertain which inmates are veterans of military service who, as a result, might be eligible for veteran benefits upon their release.
Under current law, the court prepares a presentencing report on each defendant. This report includes information relating to the defendant's criminal history, family situation, financial resources and liabilities, employment history, and personal habits. This bill would add a defendant's military service to that background information.
If a defendant is discovered to have served in the military, the information is to be forwarded to the chief administrative officer of the State or county correction facility where the defendant is to be incarcerated and made part of the inmate's records. The information also is to be forwarded to the State Parole Board and made part of its inmate records, most notably as part of the inmate's preparole report.
As part of the intake process, State and county correctional facility administrators are to determine whether inmates with a history of military service have their appropriate military discharge forms. For those who cannot produce that documentation, the administrators are to seek the assistance of the New Jersey Department of Military and Veterans Affairs. Copies of all discharge documentation located and acquired by the department are to be forwarded to the chief administrator of the State or county correctional facility where the inmate is incarcerated and to the State Parole Board.
The State Parole Board is to include information relating to military service as part of each inmate's preparole report.
Within six months of an inmate who has been identified as being a veteran is scheduled for release, the chief administrator of that inmate's correctional facility is to notify the Veterans Service Office of the New Jersey Department of Military and Veterans Affairs. The office is to seek to identify those veterans benefits to which the inmate may be entitled and to so notify the chief administrator of the correctional facility where the inmate is incarcerated and the State Parole Board.
Finally, the bill provides that a parolee's conditions of parole can include a proviso that a parolee who is a veteran can be required to regularly report to a designated New Jersey Department of Military and Veteran Affairs Veterans Service Office to insure that the parolee is receiving all the benefits to which he is entitled.
