Bill Text: NJ A1146 | 2010-2011 | Regular Session | Introduced
Bill Title: Modifies laws concerning inmate income and complaints; creates uniform identification cards for attorneys to enter State correctional facilities.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A1146 Detail]
Download: New_Jersey-2010-A1146-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman ALBERT COUTINHO
District 29 (Essex and Union)
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
Assemblywoman MILA M. JASEY
District 27 (Essex)
Co-Sponsored by:
Assemblymen Schaer, Johnson and Conaway
SYNOPSIS
Modifies laws concerning inmate income and complaints; creates uniform identification cards for attorneys to enter State correctional facilities.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the administration of correctional facilities and supplementing Title 2C of the New Jersey Statutes and Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other provision of law to the contrary, the administrator of a State correctional facility, where an inmate is incarcerated, shall allow an inmate to retain up to $75 of the monthly income that the inmate receives as a result of labor performed at the correctional facility for deposit in an inmate account maintained by the State or county correctional facility. Moneys deposited in that account shall be accessible by the inmate as credit for purchases at the prison commissary, or may accrue on a monthly basis as savings for the inmate which shall be accessed as credit for purchases at any time, or paid to the inmate upon release. If an inmate earns less than $75 on a monthly basis, that full amount shall be deposited in the inmate account for the same purpose.
b. Any amount of an inmate's monthly income that is in excess of $75 shall be used to satisfy any fine or assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other assessment, restitution, penalty, or fee imposed in accordance with the New Jersey Statutes.
c. After an inmate has satisfied each assessment, restitution, penalty, or fee imposed in accordance with the New Jersey Statutes, the administrator shall deposit that inmate's full income from labor performed at the correctional facility in the inmate's account for use by that inmate in accordance with subsection a. of this section.
2. The Commissioner of Corrections shall compile and submit on a semiannual basis all records of inmate complaints submitted to the department to the Public Advocate whose office is established pursuant to the "Public Advocate Restoration Act of 2005," P.L.2005, c.155 (C.52:27EE-1 et seq.).
3. The commissioner shall issue a uniform identification card for attorneys to gain admittance to any correctional facility under the jurisdiction of the commissioner. The cost of the identification card shall be borne by the attorney to whom the card is issued. The commissioner may issue guidelines concerning the design, issuance, cost and use of the identification card. The commissioner shall produce an identification card that can be used at correctional facilities under the supervision of the department. Nothing in this act shall permit a correctional facility to preclude an attorney from failing to obtain or display the uniform identification card. Nothing in this act shall preclude a correctional facility from accepting alternative forms of attorney identification including, but not limited to, identification issued pursuant to section 1 of P.L.2009, c.11 (C.40A:4-22.2) and identification cards issued by any state or county bar association.
4. This act shall take effect on the first day of the seventh month following enactment, except that the commissioner may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill modifies the laws concerning inmate income and complaints and creates a uniform identification card for attorneys entering State correctional facilities. These changes will provide inmates with access to more of their money earned while incarcerated; provide for regular reporting of inmate complaints; and create a uniform identification card for attorneys visiting State correctional facilities to expedite attorneys' access to their incarcerated clients.
This bill allows persons who are incarcerated in a State correctional facility to keep $75 of the income earned each month for labor performed at the facility. Under the current administrative code, inmates may only keep $15 of their monthly income. The bill allows the amount in excess of the new $75 limit to be allocated to pay for any assessment, restitution, penalty, or fee imposed as a result of the inmate's crime, until those obligations are paid in full.
This bill requires the Commissioner of Corrections to semiannually submit all inmate complaints to the Department of the Public Advocate.
Finally, the bill requires the Commissioner of Corrections to issue a uniform identification card for attorneys who visit State correctional facilities. This ensures that all attorneys have access to all correctional facilities regardless of where the attorney practices. The cost of the identification card is to be borne by the attorney to whom the card is issued. The bill authorizes the commissioner to issue guidelines concerning the design, issuance, cost, and use of the identification card. This bill does not preclude correctional facilities from accepting alternative forms of attorney identification. The bill also prohibits a facility from denying access to an attorney who does not have the uniform identification card.
