Bill Text: NJ A4235 | 2020-2021 | Regular Session | Amended


Bill Title: Requires public health emergency credits to be awarded to certain inmates during public health emergency; requires entry of "no contact" order upon release of inmate awarded credits.**

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2020-07-30 - Assembly Floor Amendment Passed (Johnson) [A4235 Detail]

Download: New_Jersey-2020-A4235-Amended.html

[First Reprint]

ASSEMBLY, No. 4235

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JUNE 8, 2020

 


 

Sponsored by:

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblymen Johnson, Zwicker, Assemblywomen Murphy, Chaparro, Assemblyman Spearman, Assemblywomen Carter, Jasey, Assemblyman Giblin and Assemblywoman McKnight

 

 

 

 

SYNOPSIS

     Requires public health emergency credits to be awarded to certain inmates during public health emergency; requires notice to victim and entry of "no contact" order upon release of inmate awarded credits.  

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Judiciary Committee on July 20, 2020, with amendments.

 


An Act concerning public health emergency credits, amending N.J.S.2C:47-3, and supplementing Title 30 of the Revised Statutes and P.L.1993, c.133 (C.2A:4A-44).

 

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

 

     1.    (New section)  a.  In addition to credits awarded pursuant to R.S.30:4-92; section 3 of P.L.2009, c.330 (C.30:4-92a); and R.S.30:4-140, whenever a public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), has been declared by the Governor and is in effect, the commissioner also shall award inmates public health emergency credits in accordance with this section if the public health emergency:

     (1)   arises as a result of a communicable or infectious disease; and

     (2)   results in the modification of correctional facility operations.

     b.    Except as provided in subsection 1[c.] d.1 of this section, public health emergency credits shall be awarded to any inmate in the custody of the 1[Department] Commissioner1 of Corrections who 1: 

     (1)1 is serving a sentence or receiving jail credits applicable to the sentence 1; and

     (2)   is scheduled to be released from the custody of the Commissioner of Corrections within twelve months.

     c1 .  The 1public health emergency1 credits 1awarded pursuant to this section1 shall provide further remission from both the maximum and minimum term of the inmate's sentence at the rate of 1[six] four1 months for each month, or portion thereof, served during the declared emergency.  An inmate shall not be awarded public health emergency credits in excess of 1[12] eight1 months of remission for any declared emergency. 

     1[c.] d.1     Public health emergency credits shall not be awarded to an inmate whose conduct was characterized by a pattern of repetitive, compulsive behavior pursuant to N.J.S.2C:47-3.

     1[d.] e.1     Nothing in this section shall be deemed to limit 1[or affect]1 an inmate's eligibility for parole consideration as provided for in section 10 of P.L.1948, c.84 (C.30:4-123.1 et seq.).

     1f.   An inmate who was in the custody of the Commissioner of Corrections during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic shall receive public health emergency credits in accordance with this section. 

     g.    Except as provided in subsection h. of this section, an inmate scheduled to be released from the custody of the Commissioner of Corrections following an award of public health emergency credits pursuant to this section shall be released on the scheduled release date based on the award of public health emergency credits.

     h.    An inmate who is scheduled to be released on or within five days following the effective date of P.L.    c.    (C.        ) (pending before the Legislature as this bill) shall be released either on the date of the entry of an order entered pursuant to section 6 of P.L.    c.    (C.        ) (pending before the Legislature as this bill), or the date the prosecutor notifies the court that no order shall be entered pursuant to subsection b. of section 5 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), whichever occurs sooner; however, under no circumstances shall the inmate be released later than five days following the effective date of P.L.    c.   (C.        ) (pending before the Legislature as this bill).

     i.     The commissioner shall provide a copy of any order entered pursuant to section 6 of P.L.    c.    (C.        ) (pending before the Legislature as this bill) to the inmate prior to the inmate's release from the custody of the commissioner.1    

 

     2.    N.J.S.2C:47-3 is amended to read as follows:

     2C:47-3.     Disposition.

     a.     If the report of the examination reveals that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and further reveals that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the court shall determine whether the offender's conduct was so characterized and whether the offender is amenable to sex offender treatment and is willing to participate in such treatment and shall record its findings on the judgment of conviction.

     b.    If the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the court shall, upon the recommendation of the Department of Corrections, sentence the offender to a term of incarceration to be served in the custody of the commissioner at the Adult Diagnostic and Treatment Center for sex offender treatment as provided in subsection h. of this section, or place the offender on probation with the requirement, as a condition of probation, that he receive outpatient psychological or psychiatric treatment as prescribed.

     c.     A sentence of incarceration or probation imposed pursuant to subsection b. or f. of this section shall be set in accordance with chapters 43, 44 and 45 of this Title.

     d.    The court shall impose sentence in accordance with chapters 43, 44 and 45 of this Title and not as provided in subsection b. of this section if it shall appear from the report of the examination made of the offender pursuant to section N.J.S.2C:47-1 that the offender's conduct was not characterized by a pattern of repetitive, compulsive behavior or that the offender is not amenable to sex offender treatment. Notwithstanding the provisions of R.S.30:4-140 or R.S.30:4-92 or any other law, a sentence imposed pursuant to this subsection on an offender who is not amenable to sex offender treatment shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments.

     e.     (Deleted by amendment, P.L.1998, c.72).

     f.     If the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and that the offender is amenable to sex offender treatment, but that the offender is not willing to participate in such treatment, the court shall sentence the offender to a term of incarceration to be served in a facility designated by the commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2).  The offender shall become primarily eligible for parole in accordance with the provisions of N.J.S.2C:47-5; provided, however,  no offender shall become primarily eligible for parole prior to the expiration of any judicial or statutory mandatory minimum term.  An offender who meets the criteria of this subsection may, on a biennial basis, request to be transferred to the Adult Diagnostic and Treatment Center.  Within 90 days after receiving a request for a transfer, the Department of Corrections shall conduct a psychological examination.  If, upon the completion of a psychological examination, the Department of Corrections determines that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the commissioner may order the offender to be transferred to the Adult Diagnostic and Treatment Center.

     g.    Notwithstanding the provisions of R.S.30:4-140 [or] , R.S.30:4-92, section 1 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), or any other law, a sentence imposed pursuant to subsection f. of this section shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments for any year or fractional part of a year that the offender is confined in a facility other than the Adult Diagnostic and Treatment Center; provided, however, if the offender is at any time transferred to the Adult Diagnostic and Treatment Center pursuant to subsection f. of this section, the sentence imposed on the offender shall be reduced by commutation time for good behavior and credits for diligent application to work and other institutional assignments for any year or fractional part of a year that the offender is incarcerated at the Adult Diagnostic and Treatment Center following the date of such transfer.

     h.    An offender sentenced to a term of incarceration pursuant to subsection b. of this section shall be confined as follows:

     (1)   If the court imposes a sentence of seven years or less, the Department of Corrections shall confine the offender to the Adult Diagnostic and Treatment Center as soon as practicable after the date of sentence.

     (2)   If the court imposes a sentence of more than seven years, the Department of Corrections shall confine the offender in a facility designated by the commissioner pursuant to section 2 of  P.L.1969, c.22 (C.30:4-91.2).  At least 30 days prior to the date which precedes the expiration date of the offender's sentence by five years, including any reductions for commutation time for good behavior and credits for diligent application to work and other institutional assignments, the Department of Corrections shall complete a psychological examination of the offender to determine the offender's amenability to sex offender treatment and willingness to participate in such treatment; provided, however, no such examination shall be required if less than two years has elapsed since the Department of Corrections completed a psychological examination pursuant to N.J.S.2C:47-1.  If the report of the examination reveals that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the offender shall be transferred to the Adult Diagnostic and Treatment Center as soon as practicable.  If the report of the examination reveals that the offender is not amenable to sex offender treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center.  If the report of the examination reveals that the offender is amenable to sex offender treatment but is not willing to participate in such treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center.  An offender may, on a biennial basis, request to be transferred to the Adult Diagnostic and Treatment Center.  Within 90 days after receiving a request for a transfer, the Department of Corrections shall conduct a psychological examination.  If, upon the completion of a psychological examination,  the Department of Corrections determines that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the commissioner shall order the offender to be transferred to the Adult Diagnostic and Treatment Center as soon as practicable.

     (3)   If a sentence is imposed pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) or if any other judicial or statutory mandatory minimum term of more than seven years is imposed, the offender shall be confined in a facility designated by the commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2).  At least 30 days prior to the date which precedes the expiration date of the mandatory minimum term by five years, the Department of Corrections shall complete a psychological examination of the offender to determine the offender's amenability to sex offender treatment and willingness to participate in such treatment; provided, however, no such examination shall be required if less than two years has elapsed since the Department of Corrections completed a psychological examination pursuant to N.J.S.2C:47-1.  If the report of the examination reveals that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the offender shall be transferred to the Adult Diagnostic and Treatment Center as soon as practicable.  If the report of the examination reveals that the offender is not amenable to sex offender treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center.  If the report of the examination reveals that the offender is amenable to sex offender treatment, but is not willing to participate in such treatment, the offender shall not be transferred to the Adult Diagnostic and Treatment Center.  An offender may, on a biennial basis, request to be transferred to the Adult Diagnostic and Treatment Center.  Within 90 days after receiving a request for a transfer, the Department of Corrections shall conduct a psychological examination.  If upon completion of a psychological examination the Department of Corrections determines that the offender is amenable to sex offender treatment and is willing to participate in such treatment, the commissioner shall order the offender to be transferred to the Adult Diagnostic and Treatment Center as soon as practicable.

     i.     Notwithstanding the provisions of R.S. 30:4-140 or R.S. 30:4-92 or any other law, a sentence imposed pursuant to subsection b. of this section shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments for any year or fractional part of a year from the date the Department of Corrections determines, as a result of a psychological evaluation conducted pursuant to paragraph (2) or (3) of subsection h. of this section, that the offender is not amenable to sex offender treatment or not willing to participate in such treatment; provided, however, if the offender is subsequently determined by the Department of Corrections to be amenable to sex offender treatment and willing to participate in such treatment and is transferred to the Adult Diagnostic and Treatment Center, the sentence imposed on the offender shall be reduced by commutation time for good behavior and credits for diligent application to work and other institutional assignments for any year or fractional part of a year that the offender is incarcerated at the Adult Diagnostic and Treatment Center following the date of such transfer.

     j.     An offender who is sentenced to a term of life imprisonment without eligibility for parole shall not be confined in the Adult Diagnostic and Treatment Center but shall be confined in a facility designated by the commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2).

     k.    The commissioner shall be required to provide for the treatment of a sex offender sentenced pursuant to N.J.S.2C:47-1 et seq. only when the offender is incarcerated in the Adult Diagnostic and Treatment Center.  This requirement shall not apply when the offender is incarcerated in another facility.

(cf: P.L.1998, c.72, s.3)

 

     3.    (New section)  a.  Except as provided in subsection b. of this section, 1[the procedures and standards for the award of credits set forth in R.S.30:4-92; section 3 of P.L.2009, c.330 (C.30:4-92a);] the award of public health emergency credits pursuant to1 section 1 of P.L.    c.    (C.        ) (pending before the Legislature as this bill) 1[; and R.S.30:4-140]1 shall apply to any juvenile serving a sentence in a State correctional facility operated by the Juvenile Justice Commission 1who is scheduled to be released from custody within twelve months1 .

     b.    Public health emergency credits shall not be awarded to any juvenile who is deemed a repetitive, compulsive sex offender.

     1c.   A juvenile who was serving a sentence in a State correctional facility operated by the Juvenile Justice Commission during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic shall receive public health emergency credits in accordance with section 1 of P.L.    c.    (C.        ) (pending before the Legislature as this bill).

     d.    Except as provided in subsection e. of this section, a juvenile scheduled to be released from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to pursuant to section 1 of P.L.    c.    (C.        ) (pending before the Legislature as this bill) shall be released on the scheduled release date based on the award of public health emergency credits.

     e.     A juvenile who is scheduled to be released on or within five days following the effective date of P.L.    c.    (C.        ) (pending before the Legislature as this bill) shall be released either on the date of the entry of an order entered pursuant to section 9 of P.L.    c.    (C.        ) (pending before the Legislature as this bill), or the date the prosecutor notifies the court that no order shall be entered pursuant to subsection b. of section 8 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), whichever occurs sooner; however, under no circumstances shall the juvenile be released later than five days following the effective date of P.L.    c.   (C.        ) (pending before the Legislature as this bill).

     f.     The Executive Director of the Juvenile Justice Commission shall provide a copy of any order entered pursuant to section 9 of P.L.    c.   (C.        ) (pending before the Legislature as this bill) to the juvenile prior to the juvenile's release from the custody of the Juvenile Justice Commission.1

     14.   (New section)  a.  The Commissioner of Corrections shall immediately identify any inmate who is scheduled to be released from custody within 12 months as a result of the award of public health emergency credits pursuant to section 1 of P.L.    c.   (C.        ) (pending before the Legislature as this bill).

     b.    The Commissioner of Corrections shall provide notice to the appropriate court and to the prosecutor of the county in which the inmate was convicted or the Attorney General if the matter was prosecuted by the Attorney General.  The notice shall include:

     (1)   the name of any inmate who is scheduled to be released from the custody of the Commissioner of Corrections within 12 months as a result of the award of public health emergency credits;

     (2)   the date on which the inmate is scheduled to be released from custody based on the award of public health emergency credits;  and

     (3)   the date on which the inmate was scheduled to be released from custody prior to the award of public health emergency credits.

     c.     The Commissioner of Corrections shall make available to the public on the Internet website of the Department of Corrections, in both English and Spanish, information concerning:

     (1)   the procedures for filing an application for a final restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.);

     (2)   resources for victims of domestic violence; and

     (3)   procedures for filing a petition to dissolve an order entered pursuant to section 6 of P.L.    c.   (C.        ) (pending before the Legislature as this bill).1

 

     15.   (New section) a. Upon receipt of notice from the Commissioner of Corrections that an inmate is scheduled to be released from custody within 12 months based on the award of public health emergency credits pursuant to section 1 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), the prosecutor or Attorney General shall, not less than five days prior to the inmate's scheduled release date:

     (1)   use any reasonable means available to notify any identifiable victim of the crime for which the inmate is incarcerated of the inmate's scheduled release date;

     (2)   notify the identifiable victim that an order will be entered prohibiting the inmate from having any contact with the victim unless the victim requests that an order not be entered;

     (3)   notify the victim of the date that the order, if entered, will expire;

     (4)   notify the victim of the penalties imposed for the inmate's violation of the order;

     (5)   provide information to the victim concerning how the victim may file a petition to dissolve an order prohibiting the inmate from having any contact with the victim; and

     (6)   provide information to the victim concerning the procedures for filing an application for a final restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), and resources for victims of domestic violence.

     b.    The prosecutor or Attorney General, as appropriate, shall immediately notify the court and the Department of Corrections whether:

     (1)   an order prohibiting the inmate from having any contact with the victim shall be entered, based on the prosecutor's contact with the victim or the prosecutor's inability to contact the victim; or

     (2)   an order prohibiting the inmate from having any contact with the victim shall not be entered based on a request by the victim. 

     c.     The Attorney General shall make available to the public on the Internet website of the Department of Law and Public Safety, in both English and Spanish, information concerning:

     (1)   the procedures for filing an application for a final restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.);

     (2)   resources for victims of domestic violence; and

     (3)   procedures for filing a petition to dissolve an order entered pursuant to section 6 of P.L.    c.   (C.        ) (pending before the Legislature as this bill).1

 

     16.   (New section)  a.  Upon receipt of notice from the Department of Corrections  pursuant to section 4 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), and notice from the prosecutor pursuant to section 5 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), the court shall enter an order in accordance with this section.

     b.    The court shall enter an order prohibiting the inmate from having any contact with an identifiable victim if:

     (1)   the prosecutor notifies the court that an identifiable victim does not oppose the entry of an order; or

     (2)   the prosecutor was unable to contact the identifiable victim.

     c.     Any order entered pursuant to subsection b. of this section shall expire on the date, as provided by the Commissioner of Corrections pursuant to section 4 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), that the inmate was scheduled to be released prior to the award of public health emergency credits.

     d.    The court shall provide a copy of any order entered pursuant to subsection b. of this section to the commissioner immediately upon entry of the order but no later than the date on which the inmate is scheduled to be released pursuant to section 1 of P.L.    c.   (C.        ) (pending before the Legislature as this bill).

     e.     An inmate shall be guilty of a crime of the fourth degree if the inmate purposely or knowingly violates an order entered pursuant to subsection b. of this section.1

     17.   (New section)  a.  The Executive Director of the Juvenile Justice Commission shall immediately identify any juvenile who is scheduled to be released from the custody of the Juvenile Justice Commission within twelve months as a result of the award of public health emergency credits pursuant to section 1 of P.L.    c.   (C.        ) (pending before the Legislature as this bill).

     b.    The Executive Director of the Juvenile Justice Commission shall provide notice to the appropriate court and to the prosecutor of the county in which the juvenile was adjudicated delinquent or the Attorney General if the matter was prosecuted by the Attorney General.  The notice shall include:

     (1)   the name of any juvenile who is scheduled to be released from the custody of the Juvenile Justice Commission within 12 months as a result of the award of public health emergency credits;

     (2)   the date on which the juvenile is scheduled to be released from custody based on the award of public health emergency credits;  and

     (3)   the date on which the juvenile was scheduled to be released from custody prior to the award of public health emergency credits.

     c.     The Executive Director of the Juvenile Justice Commission shall make available to the public on the Internet website of the Juvenile Justice Commission, in both English and Spanish, information concerning:

     (1)   the procedures for filing an application for a final restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.);

     (2)   resources for victims of domestic violence; and

     (3)   procedures for filing a petition to dissolve an order entered pursuant to section 9 of P.L.    c.   (C.        ) (pending before the Legislature as this bill).1

 

     18.   (New section)  a.  Upon receipt of notice from the Executive Director of the Juvenile Justice Commission that a juvenile is scheduled to be released from the custody of the Juvenile Justice Commission within 12 months based on the award of public health emergency credits pursuant to section 1 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), the prosecutor or Attorney General, not less than five days prior to the juvenile's scheduled release date shall:

     (1)   use any reasonable means available to notify any identifiable victim of the crime for which the juvenile is serving a sentence in a State correctional facility operated by the Juvenile Justice Commission of the juvenile's scheduled release date;

     (2)   notify the identifiable victim that an order will be entered prohibiting the juvenile from having any contact with the victim unless the victim requests that an order not be entered;

     (3)   notify the victim of the date that the order, if entered, will expire;

     (4)   notify the victim of the penalties imposed for the juvenile's violation of the order;

     (5)   provide information to the victim concerning how the victim may file a petition to dissolve an order prohibiting the juvenile from having any contact with the victim; and

     (6)   provide information to the victim concerning the procedures for filing an application for a final restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), and resources for victims of domestic violence.

     b.    The prosecutor or Attorney General, as appropriate, shall immediately notify the court and the Juvenile Justice Commission whether:

     (1)   an order prohibiting the juvenile from having any contact with the victim shall be entered, based on the prosecutor's contact with the victim or the prosecutor's inability to contact the victim; or

     (2)   an order prohibiting the juvenile from having any contact with the victim shall not be entered based on a request by the victim.1 

 

     19.   (New section)  a.  Upon receipt of notice from the Department of Corrections  pursuant to section 7 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), and notice from the prosecutor pursuant to section 8 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), the court shall enter an order in accordance with this section.

     b.    The court shall enter an order prohibiting the juvenile from having any contact with an identifiable victim if:

     (1)   the prosecutor notifies the court that an identifiable victim does not oppose the entry of an order; or

     (2)   the prosecutor was unable to contact the identifiable victim.

     c.     Any order entered pursuant to subsection b. of this section shall expire on the date, as provided by the Executive Director of the Juvenile Justice Commission pursuant to section 7 of P.L.    c.   (C.        ) (pending before the Legislature as this bill), that the juvenile was scheduled to be released prior to the award of public health emergency credits.

     d.    The court shall provide a copy of any order entered pursuant to subsection b. of this section to the Executive Director of the Juvenile Justice Commission immediately upon entry of the order but no later than the date on which the juvenile is scheduled to be released pursuant to section 3 of P.L.    c.   (C.        ) (pending before the Legislature as this bill).

     e.     A juvenile shall be guilty of a crime of the fourth degree if the juvenile purposely or knowingly violates an order entered pursuant to subsection b. of this section.1

     1[4.] 10.1   This act shall take effect 1[immediately] on the sixth day following the date of enactment; however, the Commissioner of Corrections, Attorney General, Executive Director of the Juvenile Justice Commission, and Director of the Administrative Office of the Courts shall take any anticipatory action necessary in advance thereof to effectuate the purposes of this bill1 . 

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