Bill Text: NJ A2038 | 2012-2013 | Regular Session | Introduced
Bill Title: Creates "Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-17 - Introduced, Referred to Assembly Law and Public Safety Committee [A2038 Detail]
Download: New_Jersey-2012-A2038-Introduced.html
Sponsored by:
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
SYNOPSIS
Creates "Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program."
CURRENT VERSION OF TEXT
As introduced.
An Act creating an "Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program" and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Assessment and Treatment Center" means a facility licensed and approved by the Division of Addiction Services in the Department of Human Services and contracted with the Department of Corrections to provide eligible inmates with a comprehensive assessment of their needs and risks, an orientation to a treatment regimen, and a referral to residential treatment program.
"Director" means the Director of the Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program created pursuant to section 4 of this act.
"Halfway House Substance Abuse Treatment Center" means a facility licensed and approved by the Division of Addiction Services in the Department of Human Services that provides room, board, and services designed to apply recovery skills, prevent relapse, improve emotional functioning, promote personal responsibility, and reintegrate the individual into work, education, and family life.
"Intensive Outpatient Substance Abuse Treatment Center" means a facility licensed and approved by the Division of Addiction Services in the Department of Human Services that provides a broad range of highly intensive clinical interventions in a structured environment for no less than nine hours per week and that otherwise meets the definition of an Intensive Outpatient facility as defined by the department's regulations.
"Partial Care Substance Abuse Treatment Center" means a facility licensed and approved by the Division of Addiction Services in the Department of Human Services that provides a broad range of clinically intensive interventions in a structured environment for no less than 20 hours per week and that otherwise meets the definition of a Partial Care facility as defined by the department's regulations.
"Program" means the Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program created pursuant to this act.
2. a. There is created in the Office of Drug Programs in the Division of Programs and Community Service in the Department of Corrections a program to be known as the "Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program."
b. The purpose of the program is to address the needs of certain drug or alcohol dependent offenders through the combination of effective, clinical substance abuse treatment and strict supervision designed to reduce the health and social costs to the public of substance abuse and dependence and to increase public safety by reducing substance abuse related crime.
3. In the first fiscal year beginning after the effective date of this act, the Department of Corrections shall allocate one and a half percent, or $15 million, whichever is greater, of its total annual appropriation to the program and shall enroll 500 offenders. In every subsequent fiscal year, the department shall allocate two and a half percent, or $25 million, whichever is greater, of its total annual appropriation to the program and shall enroll an additional 500 offenders.
4. a. The program shall be administered by a Director of the Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program who shall be appointed by the Governor with the advice and consent of the Senate. Any vacancy occurring in the position of the director shall be filled in the same manner as the original appointment. If the director shall be unable for any reason to serve the full term of office, the Governor shall immediately designate an acting director until a successor is appointed and qualified.
b. The director appointed by the Governor shall have an alcohol and drug counselor certification or a clinical alcohol and drug counselor licensure issued pursuant to P.L.1997, c.331 (C.45:2D-1 et seq.); have an advanced degree in health, psychology, counseling, social work, public health, sociology, or a related field; have at least eight years of management experience in the creation and delivery of substance abuse treatment programs for a criminal justice population; and be otherwise qualified by training and experience to meet the requirements of the position.
c. The director's responsibilities shall include:
(1) implementing and administering the Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program;
(2) overseeing and monitoring licensed treatment facilities providing services under the program; and
(3) providing fiscal oversight for the funds designated for the program.
d. The director shall receive a salary commensurate with the duties of the office and shall not have any departmental responsibilities other than those related to the program.
5. a. The director shall determine if an inmate has preliminary eligibility for the program. An inmate shall have preliminary eligibility for the program if:
(1) a professional diagnostic assessment has determined that the person is drug or alcohol dependent and would benefit from treatment;
(2) the person is a drug or alcohol dependent person within the meaning of N.J.S.2C:35-2 and was drug or alcohol dependent at the time of the commission of the present offense;
(3) the present offense was committed while the person was under the influence of a controlled dangerous substance, controlled substance analog, or alcohol, or was committed to acquire property or monies in order to support the person's drug or alcohol dependency;
(4) substance abuse treatment and monitoring will serve to benefit the person by addressing the drug or alcohol dependency and will thereby reduce the likelihood that the person will commit another offense;
(5) the person has not been previously convicted of, or adjudicated delinquent for, arson or a related offense pursuant to N.J.S.2C:17-1, or a similar crime under the laws of any other state or the United States;
(6) the person has not been previously convicted of, 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), or a similar crime under the laws of any other state or the United States;
(7) the person has not been previously convicted of, or adjudicated delinquent for, a crime of the first or second degree for: N.J.S.2C:11-3, murder; N.J.S.2C:11-4, aggravated manslaughter or manslaughter; subsection b. of N.J.S.2C:12-1, aggravated assault; subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer; N.J.S.2C:13-1, kidnapping; N.J.S.2C:15-1, robbery; section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking; subsection a. of N.J.S.2C:20-5, extortion; subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities; section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism; section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices; or N.J.S.2C:41-2, racketeering, when it is a crime of the first degree; and
(8) no danger to the community will result from the person being placed in the program.
b. An inmate preliminarily eligible for the program pursuant to subsection a. of this section shall be evaluated by the director 24 months prior to the date at which the person will become eligible for parole pursuant to section 7 of P.L.1979, c.441 (C.30:4-123.51) to determine final eligibility for the program. An inmate shall have final eligibility for the program if:
(1) the person has made positive progress in the self-guided recovery and reentry curriculum developed pursuant to section 6 of this act and the person has participated in: all available in-prison addiction treatment programs; adult education classes; work readiness activities; communication skills classes; efforts to reach out to members of the community for continuing treatment and support; and efforts to reconnect with family members. A person who has committed a major disciplinary infraction that resulted in assignment to close custody or a major disciplinary infraction that resulted in the loss of commutation credits shall not be eligible for the program. The director shall determine if an infraction shall be considered a major disciplinary infraction;
(2) the person has had a psychiatric evaluation within the previous 12 months that supports placement in the program and that makes recommendations on future psychiatric care necessary to facilitate the person's successful completion of the program; and
(3) the person has received medical certification indicating medical clearance within the previous 12 months and the medical certification does not indicate a condition that would pose a significant impediment to placement in the program.
c. The director shall evaluate all persons who have final eligibility to determine which 500 inmates per year shall be admitted into the program. The director shall develop a system, based upon inmate participation in reentry and recovery initiatives while incarcerated, to determine who shall be admitted into the program if there are more than 500 inmates in any year with final eligibility.
d. Any inmate incarcerated on or after the effective date of this act shall be eligible for the program if the eligibility requirements specified in subsections a. and b. of this section are met.
6. a. An inmate who meets the eligibility criteria outlined in section 5 of this act shall complete a self-guided recovery and reentry curriculum for a minimum of six months to establish final eligibility for the program.
b. The curriculum shall consist of a reintegration and recovery plan developed by the inmate in cooperation with the director detailing how the inmate intends to address specific issues while incarcerated and upon release. The plan shall include measurable objectives relating to: physical health, dental health, mental health, drug treatment, education, employment, legal issues, housing, transportation, mentorship, and community relationship building. The inmate must resubmit the plan along with documentation of progress towards meeting stated objectives to the director every two weeks. The plan shall be evaluated by the director and the inmate's peers to determine if the inmate has made positive progress on the self-guided recovery and reentry curriculum. The director shall have final authority to determine if positive progress was made.
7. a. Notwithstanding the procurement provisions set forth in chapter 34 of Title 52 of the Revised Statutes, the Department of Corrections shall make available to offenders admitted to the program a system for making telephone calls at no cost to the inmate or the person outside the facility to whom the inmate places the telephone calls.
b. The department shall make available to inmates admitted to the program a system of video conferencing using existing available technology at no cost to the inmate or the person outside the facility with whom the inmate video conferences.
c. (1) The director shall determine the number of minutes an inmate shall be allotted per month for use of the telephone and video conferencing systems and shall establish criteria for increasing or decreasing the allotted minutes based upon the inmate's behavior.
(2) The inmate shall be required to provide the director with a list of the individuals with whom the inmate shall be permitted to communicate via telephone or video conference. The list may include family members, members of the community who provide treatment and support, clergy, legal counsel, and a mentor or sponsor. The director shall have the authority to evaluate the names on the list and approve or deny any person.
(3) The director shall establish procedures to ensure that the telephone and video conferencing systems established pursuant to this act provide reasonable security measures to preserve the safety and security of each State correctional facility, staff member, and person outside a facility who may receive inmate telephone call or video conference.
8. A person who has been admitted into the program shall be committed to an Assessment and Treatment Center for a period of no less than 60 and no more than 90 days. The Assessment and Treatment Center shall:
a. Conduct a comprehensive assessment of the person's individual needs and risk factors;
b. Provide an orientation to the treatment regimen; and
c. At the end of the 60 to 90 day commitment, refer the person to a residential treatment facility licensed and approved by the Division of Addiction Services in the Department of Human Services.
9. a. A person who has been referred to a residential treatment facility by an Assessment and Treatment Center pursuant to section 8 of this act shall be committed to a residential treatment facility licensed and approved by the Division of Addiction Services in the Department of Human Services for a period to be determined by the director in cooperation with the residential treatment facility provider based upon the person's clinical progress and compliance with the program's requirements.
b. The residential treatment facility shall:
(1) conduct a comprehensive assessment of the person's individual needs and risk factors;
(2) implement an individualized and clinically driven recovery and reentry curriculum developed in conjunction with the Office of Drug Programs that focuses on developing a treatment and recovery plan, an employment plan, and a housing plan while addressing educational attainment, legal issues, and emotional health; and
(3) provide any psychiatric services recommended during the psychiatric evaluation conducted pursuant to paragraph (2) of subsection b. of section 5 of this act.
c. A person committed to a residential treatment facility under the program shall:
(1) comply with program rules and the requirements of the course of treatment;
(2) cooperate fully with the treatment provider;
(3) participate in educational and vocational programs and community service if included as part of the individualized recovery and treatment curriculum;
(4) remain drug and alcohol free and submit to periodic urine testing for drug or alcohol usage; and
(5) comply with such other reasonable terms and conditions as may be required by the director.
d. Upon a violation of any term or condition of the program or of any requirements of the course of treatment, the director may, in his discretion, revoke the person's eligibility for the program. A person may be reevaluated for program eligibility no earlier than six months after the date of any program eligibility revocation.
10. a. A person who successfully completes treatment at a residential treatment facility pursuant to section 9 of this act shall be released on parole and assigned a parole officer who is qualified by education and experience to work with offenders with substance abuse disorders and shall be assigned to a community-based substance abuse treatment center as follows:
(1) A person shall be first assigned to a Halfway House Substance Abuse Treatment Center for a period of time to be determined by the director in cooperation with the Halfway House Substance Abuse Treatment Center provider and the person's parole officer based upon the person's clinical progress and compliance with the program's requirements;
(2) Upon release from a Halfway House Substance Abuse Treatment Center, a person shall be required to attend a Partial Care Substance Abuse Treatment Center for a period of time to be determined by the director in cooperation with the Partial Care Substance Abuse Treatment Center provider and the person's parole officer based upon the person's clinical progress and compliance with the program's requirements; and
(3) Upon release from a Partial Care Substance Abuse Treatment Center, a person shall be required to attend an Intensive Outpatient Substance Abuse Treatment Center for a period of time to be determined by the director in cooperation with the Intensive Outpatient Substance Abuse Treatment Center provider and the person's parole officer based upon the person's clinical progress and compliance with the program's requirements.
b. The community-based substance abuse treatment center shall:
(1) conduct a comprehensive assessment of the person's individual needs and risk factors;
(2) implement an individualized and clinically driven recovery and reentry curriculum developed in conjunction with the Office of Drug Programs that focuses on developing a treatment and recovery plan, an employment plan, and a housing plan while addressing educational attainment, legal issues, and emotional health; and
(3) provide any psychiatric services recommended during the psychiatric evaluation conducted pursuant to paragraph (2) of subsection b. of section 5 of this act.
c. A person committed to a community-based substance abuse treatment center under the program shall:
(1) comply with program rules and the requirements of the course of treatment;
(2) cooperate fully with the treatment provider and the parole officer;
(3) participate in educational and vocational programs and community service if included as part of the individualized recovery and treatment curriculum;
(4) remain drug and alcohol free and submit to periodic urine testing for drug or alcohol usage; and
(5) comply with such other reasonable terms and conditions as may be required by the director and which may include the imposition of an appropriate curfew or other restriction on the person's movements.
d. The Office of Drug Programs and the State Parole Board shall be responsible for supervising persons who have been assigned to a community-based substance abuse treatment center pursuant to this section and shall be responsible for conducting the periodic urine testing for drug or alcohol usage authorized in subsection c. of this section.
e. The director, in cooperation with the Office of Drug Programs, shall be responsible for developing a program designed to reward a person for successful program participation and to sanction a person for failing to comply with all aspects of the program. Sanctions may include warnings, demotions to more restrictive treatment centers, reincarceration, and termination from the program. Upon a violation of any term or condition of the program or of any requirements of the course of treatment, the director may, in his discretion, revoke the person's eligibility for the program. A person may be reevaluated for program eligibility no earlier than six months after the date of any program eligibility revocation.
11. a. A person who has: (1) satisfactorily completed the series of treatment programs authorized by section 10 of this act; (2) completed 24 months of treatment in the program; (3) not committed a substantial violation of any term or condition of the program, including but not limited to a positive urine test, within the preceding 12 months; and (4) is not likely to relapse or commit an offense if supervision and related services are discontinued as determined by the person's parole officer and certified to by the director shall be considered to have completed the program.
b. A person who has successfully completed the program shall be subject to the general laws governing parole for 36 additional months at which point the person shall be discharged from the supervision of the State Parole Board; provided, however, that once an offender has served his maximum sentence, he shall no longer be subject to the requirements of the program but shall continue to be eligible for services provided by subsection c. of this section.
c. A community-based substance abuse treatment center licensed and approved by the Division of Addiction Services in the Department of Human Services shall continue to provide a person individual, group, and family counseling services for less than nine hours per week for up to three years after a person has successfully completed the program.
d. No person shall be in treatment authorized pursuant to sections 8, 9, and 10 of this act for a period to exceed 24 months. Any person who has not completed the program after 24 months shall be reincarcerated to complete the remainder of the person's sentence.
12. a. Notwithstanding the provisions of section 5 of P.L.1997, c.14 (C.44:10-48), a person admitted to the program who is ineligible to receive Work First New Jersey general public assistance benefits pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) solely due to a conviction that had as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the federal "Controlled Substances Act" (21 U.S.C.s.802 (6)) shall be eligible to receive Work First New Jersey general public assistance benefits.
b. If at any time after the effective date of this act, any recipient of Work First New Jersey general public assistance benefits becomes eligible for medical assistance under the State Medicaid program pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) a person admitted to the program and receiving benefits pursuant to subsection a. of this section shall also become eligible.
13. The director shall contract with the School of Criminal Justice at Rutgers, the State University to conduct an evaluation of the program. The director shall biennially file a report with the Governor and the Legislature evaluating the effectiveness of the program. The first report shall be submitted on or before the first day of the 25th month after the effective date of this act. The evaluation shall include, but not necessarily be limited to, the effect of the program on reducing drug and alcohol dependence among program participants, the rate of recidivism among program participants, and the costs to the State for diverting program participants from incarceration to treatment.
14. The commissioner shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this act.
15. This act shall take effect on the first day of the sixth month following enactment, but shall remain inoperative until the July 1st next following or until the Department of Corrections makes the necessary funds available for the program, whichever is first.
STATEMENT
This bill creates the "Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program" in the Department of Corrections (DOC). The purpose of the program is to address the needs of certain drug or alcohol dependent offenders through the combination of effective, clinical substance abuse treatment and strict supervision designed to reduce the health and social costs to the public of substance abuse and dependence and to increase public safety by reducing substance abuse related crime. The program is also intended to reduce the State's spending on corrections by decreasing the length of jail sentences and curtailing recidivism.
The program would be administered by a Director of the Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program who would be appointed by the Governor.
In the first year of implementation, DOC would allocate approximately $15 million to the program and would enroll 500 offenders. In subsequent years, DOC would allocate approximately $25 million to the program and would enroll an additional 500 offenders per year.
Under the bill, an inmate would be preliminarily eligible for the program if it were determined that the person had a substance abuse disorder that was responsible for the underlying criminal behavior. Individuals convicted of certain violent offenses would be excluded. A person who made positive progress on a self-guided recovery and reentry curriculum for at least six months during incarceration would become eligible for the program two years before the date on which he would otherwise be eligible for parole. Before receiving a final determination about program eligibility, a person would submit to a psychiatric and medical examination. The psychiatric evaluation would include recommendations for future psychiatric care that would facilitate the person's successful completion of the program.
While incarcerated, an inmate would have access to telephone services and video conferencing, such as Skype, to facilitate the inmate's efforts to reach out to members of the community for continuing treatment and support and to reconnect with family members. The director would determine the number of hours an inmate would have access to these services and which person on the outside of the facility the inmate would be allowed to contact.
A person accepted into the program would first complete a 60 to 90 day commitment at an approved Assessment and Treatment Center and would then be referred to a residential treatment facility. After a period of time to be determined by the director and the facility provider based upon the person's clinical progress and compliance with the program's requirements, the person would be assigned a parole officer with substance abuse treatment experience and would be released to a Halfway House Substance Abuse Treatment Center. The director, in cooperation with the treatment center and the parole officer, would decide when the person is ready to move into a Partial Care Substance Abuse Treatment Center and similarly when the person could be moved into a less restrictive Intensive Outpatient Substance Abuse Treatment Facility. The bill requires that all treatment facilities be licensed and approved by the Division of Addiction Services in the Department of Human Services.
A person who: (1) has satisfactorily completed the treatment program, (2) has completed two years of treatment in the program; (3) has not committed a substantial violation of any term or condition of the program within the preceding 12 months; and (4) is not likely to relapse or commit an offense if supervision and related services are discontinued as determined by the parole officer and certified by the director would be considered to have completed the program.
A person who successfully completed the program would be subject to the general laws governing parole for 36 additional months during which a community treatment center would provide additional counseling services. After the 36 months, the person would be discharged from the supervision of the State Parole Board.
The Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program created by the bill is modeled in part on a program known as the Mutual Agreement Program (MAP) which provides offenders with chemical abuse treatment at private facilities. The new program is intended to build upon the existing MAP program to provide recovering offenders with effective treatment and a gradual reduction in criminal justice supervision as the person masters the skills necessary to thrive outside of the State's criminal justice system.
The Department of Corrections estimates that it costs the State $49,000 per year to house a State sentenced inmate in one of the State's prison facilities. In contrast, the cost to the State is $11,162 per year for offenders who participate in the State's drug court. Drug court diverts non-violent offenders from prison by placing them in treatment and supervised community release situations. It is the sponsor's expectation that the cost to the State of the post-prison and residential treatment phases of the Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program would be similar to the annual per person cost of drug court. The savings generated from diverting 500 inmates from the State prisons into the Earn Your Way Out of Prison Into Supervision, Treatment, and Recovery Program may save the State more than $8.5 million dollars in the first year, and nearly $17.5 million over two years.
