Bill Text: NJ A2683 | 2014-2015 | Regular Session | Amended

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Bill Title: Establishes "Task Force To Review Residential Community Release Programs" to review this State's halfway houses and make recommendations concerning security and inmate services.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2014-09-15 - Received in the Senate, Referred to Senate Law and Public Safety Committee [A2683 Detail]

Download: New_Jersey-2014-A2683-Amended.html

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[First Reprint]

ASSEMBLY, No. 2683

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED FEBRUARY 20, 2014

 

 

Sponsored by:

Assemblyman  CHARLES MAINOR

District 31 (Hudson)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblyman  GILBERT "WHIP" L. WILSON

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Establishes "Task Force To Review Residential Community Release Programs" to review this State's halfway houses and make recommendations concerning security and inmate services.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 23, 2014.

 

An Act concerning residential community release programs. 

 

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

 

     1.    The Legislature finds and declares: 

     a.     The purpose of this State's residential community release programs (RCRP), commonly referred to as halfway houses, is to prepare inmates for a successful transition from prison back into their communities.

     b.    Under the jurisdiction of the Department of Corrections (DOC), RCRPs include assessment and treatment centers, halfway houses, and substance use disorder treatment centers.  Inmates initially are released from prison to assessment and treatment centers where they are provided with comprehensive assessments of their needs and risks, treatment programs, and referrals to halfway houses or substance use disorder treatment centers.  Halfway houses provide inmates with opportunities to engage in employment and educational activities while being treated and rehabilitated.  Substance use disorder treatment centers provide alcohol and drug treatment to inmates whose evaluation indicated a need for these services.

     c.     The Fiscal Year 2014 appropriation for RCRPs was $64.6 million. 

     d.    The Office of the State Comptroller issued an audit report dated June 15, 2011 concerning the DOC's oversight of contracts with RCRPs.  The report identified weaknesses in DOC's program relating to the monitoring of RCRPs, disciplining of RCRP residents, and contract payment and performance.

     e.     A June 2012 three-part New York Times series highlighted serious problems in this State's RCRP programs, including escapes, violence, drugs, and gang activity.

     f.     In response to the State Comptroller's audit and the New York Times expose, the Legislature held investigatory hearings concerning the RCRPs.  The Senate Legislative Oversight Committee held a hearing on July 19, 2012 and the Assembly Law and Public Safety Committee similarly held a hearing on July 23, 2012.

     g.    In light of the State Comptroller's report, media reports, and testimony heard at legislative hearings concerning halfway houses, it is fitting and proper for a task force to be created to study and make recommendations concerning the safety and security of these facilities and the effectiveness of services provided to inmates transitioning from these facilities into the community.

     2.    a.  There is established a task force to be known as the "Task Force To Review Residential Community Release Programs." 

     b.    The task force shall consist of 17 members as follows: 

   (1)   two members of the Senate to be appointed by the President of the Senate who shall each be of different political parties; 

   (2)   two members of the General Assembly to be appointed by the Speaker of the General Assembly who shall each be of different political parties;

   (3)   the Commissioner of Corrections, ¹[the Executive Director of the Juvenile Justice Commission,]¹ the Commissioner of Labor and Workforce Development, the Commissioner of Human Services, the Chairman of the State Parole Board, the State Treasurer, or their designees, who shall serve ex-officio;

   (4)   six public members, three of whom shall be appointed by the President of the Senate and three of whom shall be appointed by the Speaker of the General Assembly.  The public members shall, to the greatest extent practicable, have special expertise, training or experience in prison security, substance abuse counseling, prisoner advocacy, or faith-based programming; ¹[and]¹

   (5)   a representative of the New Jersey State Policemen's Benevolent Association, Inc. as designated by the president of the association ¹; and

   (6)  a representative of a collective bargaining unit representing employees of  residential community release programs¹.

   c. All appointments shall be made within 30 days of the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  Vacancies in the membership shall be filled in the same manner as the original appointments.  The task force shall select a chairperson and vice-chairperson from among the public members.  The chairperson shall appoint a secretary who need not be a member of the commission.  The members of the task force shall serve without compensation but may be reimbursed, within the limits of funds made available to the task force, for necessary travel expenses incurred in the performance of their duties.

   d.    The chair shall call a meeting as soon thereafter as a quorum of its members have been appointed and hold hearings at the times and in the places it may deem appropriate and necessary to fulfill its charge.  The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or  agency as it may require and as may be available to it for its purposes.

     e.     The commission may seek the advice of experts, such as persons specializing in the fields of criminology, psychology, education, criminal or family law or other related fields as deemed appropriate by the membership of the task force.

     f.     The task force shall issue an interim report of its findings, along with any recommendations it may have, to the Governor and each member of the Legislature no later than 12 months after the date of its initial meeting.  The task force shall issue a final report one year following the issuance of the interim report.

 

     3.    The purpose of the task force is to study and make recommendations concerning this State's residential community release programs (RCRPs).  Issues for the task force to consider include, but are not limited to:

     a.     the Department of Corrections oversight of the RCRPs, such as the method for establishing per diem rates; announced and unannounced site visits; collecting damages for nonperformance of contract provisions; and discipline of inmates;

     b.    appropriateness of the DOC contracting with a non-profit entity to provide services for inmates in RCRPs, but allowing for-profit entities to actually provide those services;

     c.     requiring fiscal accountability and transparency in governance of for-profit providers of services to inmates in RCRPs; 

     d.    limiting market share of a for-profit provider of services to inmates in RCRPS;

     e.     size of RCRPs and whether the number of beds in an RCRP should be limited; 

     f.     ascertaining the specific evaluations and services provided at assessment and treatment centers and appropriate length of stay;

     g.    security in the RCRPs, particularly in regard to the availability of alcohol and drugs, number of inmates who escape or  abscond, and safety of the employees who work in these facilities;

     h.    availability and effectiveness of services provided to inmates to prepare them to reenter the community;

     i.     qualifications, education, and training of RCRP employees;

     j.     coordination of services between the DOC, State Parole Board, and the RCRPs; and

     k.    populations being housed in RCRPs, e.g. inmates under DOC jurisdiction, parolees, county inmates, and federal detainees, and process of inmate movement from DOC jurisdiction to parole jurisdiction.

 

     4.    This act shall take effect immediately and shall expire upon submission of the task force's final report to the Governor and Legislature.