New Jersey-2024-A1691-Introduced

An Act concerning service and companion animals at certain correctional facilities, supplementing Title 30 of the Revised Statutes, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Correctional facility" means any prison or other secure facility in which adult offenders are incarcerated, that is owned, managed, operated by or contracted with the State of New Jersey.

"Department" means the Department of Corrections.

"Disability" means a physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device, or any mental, psychological, or developmental disability.

"Incarcerated person companion animal" means any animal commonly referred to as a pet that was bought, bred, raised, or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the incarcerated person.

"Service animal" means a service animal or a guide dog as defined in subsection e. of section 1 of P.L.2013, c.205 (C.2C:29-3.2), or an animal used for any therapeutic purpose.

2. a. The Commissioner of the Department of Corrections, in consultation with the Commissioner of the Department of Human Services, shall establish a program to allow any inmate with a disability to apply to utilize the assistance of an incarcerated person companion animal or service animal on-site at a State correctional facility in a manner and at certain times as are feasible for the inmate population.

b. The Assistant Commissioner of the Division of Operations in the Department of Corrections shall be responsible for implementing and managing the program. In addition to any other duties required of the position, the duties of the Assistant Commissioner of the Division of Operations shall include, but not be limited to:

(1) interfacing with agencies that provide incarcerated person companion animals and service animals to inmates with a disability; and

(2) appointing appropriate staff to provide information to inmates regarding various mental health disorders that impact the inmate population and information regarding the program established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), which authorizes an inmate with a disability to apply to utilize the assistance of an incarcerated person companion animal or service animal on-site at a State correctional facility.

3. a. The Commissioner of Corrections shall establish a process by which an inmate, who utilizes the assistance of a service animal prior to being sentenced to a correctional facility, shall be permitted to submit the inmate's service animal for evaluation to determine whether it is feasible or necessary for the inmate to continue to utilize the assistance of the service animal on-site at a State correctional facility in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Commissioner of Corrections shall establish a process by which an inmate, who desires to have access to a service animal after being sentenced to a State correctional facility, may submit a written request to the Assistant Commissioner of the Division of Operations on a form and in a manner prescribed by the Commissioner of Corrections. Thereafter, an evaluation of potential service animal placements shall be conducted to determine whether sufficient need and feasibility exists for the request to be granted.

c. The Commissioner of Corrections shall establish a process by which an inmate, who desires to have access to an incarcerated person companion animal after being sentenced to a correctional facility may submit a written request to the Assistant Commissioner of the Division of Operations on a form and in a manner prescribed by the Commissioner of Corrections. Within 30 days of the Assistant Commissioner's receipt of a written request, an evaluation of potential incarcerated person companion animal placement shall be conducted to determine whether sufficient need and feasibility exists for the approval of the request.

d. Prior to permitting an incarcerated person companion animal or service animal at any correctional facility, an inmate who has an existing service animal, or the agency that is providing access to an incarcerated person companion animal or new service animal, as appropriate, shall provide documentation to the Commissioner of Corrections that the animal has had all necessary vaccines and immunizations as required by law and the rules and regulations established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. The Commissioner of the Department of Corrections, in consultation with the Commissioner of the Department of Human Services, shall, pursuant to the "Administrative Procedures Act, P.L.1968, c.410 (C.52:14B-1 et seq.) adopt rules and regulations to effectuate the provisions of this act, which shall include, but not be limited to:

a. identifying the specific types of incarcerated person companion animals and service animals that are feasible to allow into State-owned correctional facilities at certain times;

b. specifying what hours of operation incarcerated person companion animals and service animals may be present on-site; and

c. setting forth specific logistical procedures relative to the feeding, care, and maintenance of incarcerated person companion animals and service animals that are on-site at certain times;

d. standards for permitting or prohibiting an incarcerated person companion animal or service animal from being on the premises of a State correctional facility at designated times, overnight, or permanently, and in manner that preserves the health and safety of other inmates;

e. governing the ongoing relationships between the Department of Corrections and agencies that provide incarcerated person companion animals and service animals to inmates with a disability;

f. governing the feasibility or necessity for an inmate who has an existing service animal to keep his or her service animal on-site at all times or at certain times, and to determine whether the existing service animal meets the health, safety, logistical, and other requirements set forth pursuant to this act; and

g. governing the process for conducting incarcerated person companion animals and service animal evaluations upon an inmate request to have such an animal on-site, either at all times or at certain designated times, after the inmate's sentencing to a correctional facility.

5. There is appropriated from the General Fund to the Department of Corrections such funds as shall be necessary for the implementation of this act, as certified by the Commissioner of Corrections, respectively, and subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.

6. This act shall take effect on the 60th day following the date of enactment. The Commissioner of Corrections and Commissioner of Human Services may take any anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.

STATEMENT

This bill empowers the Department of Corrections, in consultation with the Department of Human Services, to establish a program to allow any inmate with a disability to apply to utilize the assistance of an incarcerated person companion animal or service animal on-site at a State correctional facility in a manner and at certain times as are feasible for the inmate population.

Pursuant to this bill, the Assistant Commissioner of the Division of Operations in the Department of Corrections (Assistant Commissioner) is to implement and manage the program by: (1) interfacing with agencies that provide incarcerated person companion animals and service animals to inmates with a disability; and (2) appointing appropriate staff to provide information to inmates regarding various mental health disorders that impact the inmate population and information regarding the program established pursuant to this bill, which authorizes an inmate with a disability to apply to utilize the assistance of an incarcerated person companion animal or service animal on-site at a State correctional facility.

The Commissioner of Corrections (commissioner) is to establish a process by which an inmate, who utilizes the assistance of a service animal prior to being sentenced to a correctional facility, shall be permitted to submit the inmate's service animal for evaluation to determine whether it is feasible or necessary for the inmate to continue to utilize the assistance of the service animal on-site at a State correctional facility in accordance with the provisions of this bill.

Further, the Commissioner is to establish a process by which an inmate, who desires to have access to a service animal after being sentenced to a State correctional facility, may submit a written request to the Assistant Commissioner on a form and in a manner prescribed by the Commissioner. Thereafter, an evaluation of potential service animal placements shall be conducted to determine whether sufficient need and feasibility exists for the request to be granted.

The Commissioner also is to establish a process by which an inmate, who desires to have access to an incarcerated person companion animal after being sentenced to a correctional facility may submit a written request to the Assistant Commissioner on a form and in a manner prescribed by the Commissioner. Within 30 days of the Assistant Commissioner's receipt of a written request, an evaluation of potential incarcerated person companion animal placement is to be conducted to determine whether sufficient need and feasibility exists for the approval of the request.

Prior to permitting an incarcerated person companion animal or service animal at any correctional facility, an inmate who has an existing service animal, or the agency that is providing access to an incarcerated person companion animal or new service animal, as appropriate, is to provide documentation to the Commissioner that the animal has had all necessary vaccines and immunizations as required by law and the rules and regulations established pursuant to this bill.

The Commissioner, in consultation with the Commissioner of the Department of Human Services, are to adopt rules and regulations to effectuate the provisions of this bill, which are to include, but not be limited to, certain logistical procedures relative to having the incarcerated person companion animals and service animals in State-owned correctional facilities. The bill also appropriated from the General Fund to the Department of Corrections such funds as necessary for the implementation of the bill, as certified by the Commissioner, respectively, and subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.

Service animals have a long history of performing crucial tasks and fulfilling a significant role in the daily activities of many people with disabilities, including but not limited to providing a calming influence and connection to the familiar in unfamiliar or stressful surroundings. And companion animals have been determined to be extremely effective at ameliorating the symptoms of certain mental disabilities. Further, an overarching goal of the criminal justice system is rehabilitation and assisting an inmate's development for successful re-entry into society. The sponsor's position is that allowing inmates with a disability to have access to a service or companion animal on correctional facility grounds will enhance the rehabilitative process and help the inmate reach his or her full potential.