Bill Text: NJ A4507 | 2024-2025 | Regular Session | Introduced
Bill Title: Changes term "inmate" to "incarcerated person."
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-06-06 - Introduced, Referred to Assembly Judiciary Committee [A4507 Detail]
Download: New_Jersey-2024-A4507-Introduced.html
Sponsored by:
Assemblyman JULIO MARENCO
District 33 (Hudson)
SYNOPSIS
Changes term "inmate" to "incarcerated person."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the term "inmate" and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.2013, c.274 (2A:12-5.3) is amended to read as follows:
7. The Administrative Office of the Courts shall compile and provide to the Department of Labor and Workforce Development and the Department of Human Services identifying information on each [inmate] incarcerated person in each county and local institution in each county which provides [inmate incarceration] information concerning incarcerated persons to the Administrative Office of the Courts, and any county which does not provide that information to the Administrative Office of the Courts shall provide the information to the Department of Labor and Workforce Development and the Department of Human Services. The information shall be transmitted electronically in a timely manner and shall provide identifying characteristics, including name and Social Security number, to be used by the Department of Labor and Workforce Development and the Department of Human Services to verify individuals' eligibility for benefit programs administered by each department.
(cf: P.L.2013, c.274, s.7)
2. N.J.S.2A:67-12 is amended to read as follows:
Upon the issuance of a writ by any court of competent jurisdiction of the United States or of another state, requiring the production before it of any [prisoner or inmate of] incarcerated person in a penal or correctional institution in the state of New Jersey, as a witness in a criminal case or for prosecution as a defendant charged with crime, the keeper or person in charge of such institution, with the consent and approval of the attorney general, upon such conditions as the attorney general shall prescribe, shall produce or cause to be produced the [inmate or prisoner] incarcerated person according to the requirements of said writ. The attorney general shall require the return of the [prisoner or inmate] incarcerated person to the institution from which taken, immediately upon the conclusion of such prosecution or testimony, and shall require the authorities of the demanding jurisdiction to pay or indemnify the keeper or person in charge of such institution for all expenses incurred. He shall decline to honor such writs when in his opinion the same would not be in the furtherance of justice.
(cf: N.J.S.2A:67-12)
3. Section 5 of P.L.1979, c.488 (C.2A:84A-21.13) is amended to read as follows:
5. Nothing contained in this act shall be construed to limit the right of the Department of Corrections to search the offices of [inmate] incarcerated persons' newspapers or the public information offices of any [inmate] incarcerated persons' organization located within a correctional facility.
(cf: P. L.1979, c.488, s.5)
4. Section 5 of P.L1967, c.43 (C.2A:158A-5) is amended to read as follows:
5. It shall be the duty of the Public Defender to provide for the legal representation of any indigent defendant who is formally charged with the commission of an indictable offense without expense to the defendant.
All necessary services and facilities of representation (including investigation and other preparation) shall be provided in every case. The factors of need and real value to a defense may be weighed against the financial constraints of the Public Defender's office in determining what are the necessary services and facilities of representation.
Representation as herein provided for shall include any direct appeal from conviction and such post-conviction proceedings as would warrant the assignment of counsel pursuant to the court rules.
Representation for indigent defendants (a) may be provided in any federal court in any matter arising out of or relating to an action pending or recently pending in a court of criminal jurisdiction of this State and (b) may be provided in any federal court in this State where indigent defendants are charged with the commission of a federal criminal offense and where the representation is under a plan adopted pursuant to the Criminal Justice Act of 1964 (18 U.S.C. s. 3006A).
The Public Defender also shall provide for the legal representation of any eligible [inmate] incarcerated person who is serving a custodial prison sentence and requests assistance in petitioning the Superior Court for compassionate release in accordance with section 1 of P.L.2020, c.106 (C.30:4-123.51e).
(cf: P.L.2023, c.69, s.1)
5. Section 4 of P.L.1958, c.12 (2A:159A-12) is amended to read as follows:
4. The warden or other official in charge of any penal or correctional institution in this State shall give over the person of any [inmate] incarcerated person thereof whenever so required by the operation of the agreement on detainers.
(cf: P.L.1958, c.12, s.4)
6. Section 1 of P.L.1994, c.128 (C.2C:7-6) is amended to read as follows:
1. Within 45 days after receiving notification pursuant to section 1 of P.L.1994, c.135 (C.30:4-123.53a et seq.) that an [inmate] incarcerated person convicted of or adjudicated delinquent for a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-1 et al.) is to be released from incarceration and after receipt of registration as required therein, the chief law enforcement officer of the municipality where the [inmate] incarcerated person intends to reside shall provide notification in accordance with the provisions of section 3 of this act of that [inmate's] incarcerated person's release to the community. If the municipality does not have a police force, the Superintendent of State Police shall provide notification.
(cf: P.L.1994, c.128, s.1)
7. Section 2 of P.L.2007, c.204 (C.2C:11-3b) is amended to read as follows:
2. An [inmate] incarcerated person sentenced to death prior to the date of the enactment of this act, upon motion to the sentencing court and waiver of any further appeals related to sentencing, shall be resentenced to a term of life imprisonment during which the defendant shall not be eligible for parole. Such sentence shall be served in a maximum security prison.
Any such motion to the sentencing court shall be made within 60 days of the enactment of this act. If the motion is not made within 60 days the [inmate] incarcerated person shall remain under the sentence of death previously imposed by the sentencing court.
(cf: P.L.2007, c.204, s.2)
8. N.J.S.2C:29-6 is amended to read as follows:
a. Escape implements. (1) A person commits an offense if he knowingly and unlawfully introduces within an institution for commitment of persons under N.J.S.2C:4-8 or a detention facility, or knowingly and unlawfully provides an [inmate] incarcerated person with any weapon, tool, instrument, document or other thing which may be useful for escape. The offense is a crime of the second degree and shall be punished by a minimum term of imprisonment, which shall be fixed at no less than three years if the item is a weapon as defined by N.J.S. 2C:39-1(r). Otherwise it is a crime of the third degree.
(2) An [inmate] incarcerated person of an institution or facility defined by paragraph (1) of subsection a. of this section commits an offense if he knowingly and unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any such implement of escape. The offense is a crime of the second degree and shall be punished by a minimum term of imprisonment, which shall be fixed at no less than three years if the item is a weapon as defined by N.J.S. 2C:39-1(r). Otherwise it is a crime of the third degree.
"Unlawfully" means surreptitiously or contrary to law, regulation or order of the detaining authority.
b. Other contraband. A person commits a petty disorderly persons offense if he provides an [inmate] incarcerated person with any other thing which the actor knows or should know it is unlawful for the [inmate] incarcerated person to possess.
(cf: P.L.1983, c.87, s.1)
9. N.J.S.2C:34-1 is amended to read as follows:
2C:34-1. Prostitution and Related Offenses.
a. As used in this section:
(1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.
(2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.
(3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.
(4) "Promoting prostitution" is:
(a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
(b) Procuring [an inmate] a prostitute for a house of prostitution or procuring a place in a house of prostitution for one who would be [an inmate] a prostitute;
(c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
(d) Soliciting a person to patronize a prostitute;
(e) Procuring a prostitute for a patron;
(f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or
(g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.
b. A person commits an offense if:
(1) The actor engages in prostitution as a patron;
(2) The actor promotes prostitution;
(3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;
(4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;
(5) The actor compels another to engage in or promote prostitution;
(6) The actor promotes prostitution of the actor's spouse;
(7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; or
(8) The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value.
c. Grading of offenses under subsection b.
(1) An offense under subsection b. constitutes a crime of the first degree if the offense falls within paragraph (3) or (4) of that subsection.
(2) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (7) of that subsection.
(3) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5) or (6) of that subsection.
(4) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.
(5) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or third conviction for such an offense constitutes a crime of the fourth degree, and a fourth or subsequent conviction for such an offense constitutes a crime of the third degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.
(6) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (8) of that subsection, except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree.
d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.
e. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by another to engage in sexual activity, regardless of the defendant's age.
f. (1) Any fine set forth in N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a conviction of a disorderly persons offense under this section shall be collected, notwithstanding the procedures for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal court administrator and paid into the municipal treasury of the municipality in which the offense was committed.
(2) In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of prostitution or related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection b. shall be assessed a penalty of at least $10,000 but not more than $50,000, except if the offense involved promotion of the prostitution of a child under the age of 18, the penalty shall be at least $25,000. All penalties provided for in this subsection, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).
(cf: P.L.2013, c.51, s.9)
10. Section 2 of P.L.1979, c.396 (C.2C:43-3.1) is amended to read as follows:
2. a. (1) In addition to any disposition made pursuant to the provisions of N.J.S.2C:43-2, any person convicted of a crime of violence, theft of an automobile pursuant to N.J.S.2C:20-2, eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2, or unlawful taking of a motor vehicle pursuant to subsection b., c., or d. of N.J.S.2C:20-10 shall be assessed at least $100, but not to exceed $10,000 for each crime for which the person was convicted which resulted in the injury or death of another person. In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay, and the economic impact of the assessment on the defendant's dependents.
(2) (a) In addition to any other disposition made pursuant to the provisions of N.J.S.2C:43-2 or any other statute imposing sentences for crimes, any person convicted of any disorderly persons offense, any petty disorderly persons offense, or any crime not resulting in the injury or death of any other person shall be assessed $50 for each offense or crime for which the person was convicted.
(b) (Deleted by amendment, P.L.2019, c.363)
(c) In addition to any other assessment imposed pursuant to the provisions of R.S.39:4-50, the provisions of section 12 of P.L.1990, c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13), the provisions of section 19 of P.L.1954, c.236 (C.12:7-34.19) or the provisions of section 3 of P.L.1952, c.157 (C.12:7-46), any person convicted of operating a motor vehicle, commercial motor vehicle or vessel while under the influence of liquor or drugs shall be assessed $50.
(d) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1, a participant in either program shall be required to pay an assessment of $50.
(3) All assessments provided for in this section shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and the court shall so order at the time of sentencing. When a defendant who is sentenced to incarceration in a State correctional facility has not, at the time of sentencing, paid an assessment for the crime for which the defendant is being sentenced or an assessment imposed for a previous crime, the court shall specifically order the Department of Corrections to collect the assessment during the period of incarceration and to deduct the assessment from any income the [inmate] incarcerated person receives as a result of labor performed at the institution or on any work release program or from any personal account established in the institution for the benefit of the [inmate] incarcerated person. All moneys collected, whether in part or in full payment of any assessment imposed pursuant to this section, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Victims of Crime Compensation Board pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1), to the Victims of Crime Compensation Board.
(4) The Victims of Crime Compensation Board shall forward monthly all moneys received from assessments collected pursuant to this section to the State Treasury for deposit as follows:
(a) Of moneys collected on assessments imposed pursuant to paragraph (1) of subsection a. of this section:
(i) the first $72 collected for deposit in the Victims of Crime Compensation Board Account,
(ii) the next $3 collected for deposit in the Criminal Disposition and Revenue Collection Fund,
(iii) the next $25 collected for deposit in the Victim Witness Advocacy Fund, and
(iv) moneys collected in excess of $100 for deposit in the Victims of Crime Compensation Board Account;
(b) Of moneys collected on assessments imposed pursuant to subparagraph (a), (c), or (d) of paragraph (2) of subsection a. of this section:
(i) the first $39 collected for deposit in the Victims of Crime Compensation Board Account,
(ii) the next $3 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $8 collected for deposit in the Victim and Witness Advocacy Fund;
(c) Of moneys collected on assessments imposed pursuant to subparagraph (b) of paragraph (2) of subsection a. of this section:
(i) the first $17 for deposit in the Victims of Crime Compensation Board Account, and
(ii) the next $3 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $10 for deposit in the Victim and Witness Advocacy Fund, and
(iv) moneys collected in excess of $30 for deposit in the Victims of Crime Compensation Board Account.
(5) The Victims of Crime Compensation Board shall provide the Attorney General with a monthly accounting of moneys received, deposited and identified as receivable, on forms prescribed pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1).
(6) (a) The Victims of Crime Compensation Board Account shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Account shall be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) and for related administrative costs.
(b) The Criminal Disposition and Revenue Collection Fund shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Fund shall be used as provided in section 19 of P.L.1991, c.329 (C.52:4B-8.1).
(c) The Victim and Witness Advocacy Fund shall be a separate, nonlapsing, revolving fund and shall be administered by the Division of Criminal Justice, Department of Law and Public Safety and all moneys deposited in that Fund pursuant to this section shall be used for the benefit of victims and witnesses of crime as provided in section 20 of P.L.1991, c.329 (C.52:4B-43.1) and for related administrative costs.
b. (Deleted by amendment, P.L.1991, c.329).
c. (Deleted by amendment, P.L.1991, c.329).
d. (Deleted by amendment, P.L.1991, c.329).
(cf: P.L.2019, c.363, s.5)
11. Section 9 of P.L.1996, c.115 (C.2C:43-3.3) is amended to read as follows:
9. a. In addition to any disposition made pursuant to the provisions of Title 2C of the New Jersey Statutes, any person convicted of a crime shall be assessed a penalty of $30.
b. (Deleted by amendment, P.L.2021, c.342)
c. The penalties assessed under subsections a. and b. of this section shall be collected as provided for the collection of fines and restitution in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the State Treasury for deposit in a separate account to be known as the "Law Enforcement Officers Training and Equipment Fund." The penalty assessed in this section shall be collected only after a penalty assessed in section 2 of P.L.1979, c.396 (C.2C:43-3.1) and any restitution ordered is collected.
The fund shall be used to support the development and provision of basic and in-service training courses for law enforcement officers by police training schools approved pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.). In addition, the fund shall also be used to enable police training schools to purchase equipment needed for the training of law enforcement officers. Distributions from the fund shall only be made directly to such approved schools.
d. The Police Training Commission in the Department of Law and Public Safety shall be responsible for the administration and distribution of the fund pursuant to its authority under section 6 of P.L.1961, c.56 (C.52:17B-71).
e. An adult prisoner of a State correctional institution who does not pay the penalty imposed pursuant to this section shall have the penalty deducted from any income the [inmate] incarcerated person receives as a result of labor performed at the institution or any type of work release program. If any person, including an [inmate] incarcerated person, fails to pay the penalty imposed pursuant to this section, the court may order the suspension of the person's driver's license or nonresident reciprocity privilege, or prohibit the person from receiving or obtaining a license until the assessment is paid. The court shall notify the Director of the Division of Motor Vehicles of such an action. Prior to any action being taken pursuant to this subsection, the person shall be given notice and a hearing before the court to contest the charge of the failure to pay the assessment.
f. For the purposes of this section, "person" excludes a juvenile as defined in section 3 of P.L.1982, c.77 (C.2A:4A-22).
(cf: P.L.2021, c.342, s.6)
12. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:
2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an [inmate] incarcerated person sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:
(1) N.J.S.2C:11-3, murder;
(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;
(3) N.J.S.2C:11-5, vehicular homicide;
(4) subsection b. of N.J.S.2C:12-1, aggravated assault;
(5) subsection b. of section 1 of P.L.1996, c.14 (C.2C:12-11), disarming a law enforcement officer;
(6) N.J.S.2C:13-1, kidnapping;
(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;
(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;
(9) N.J.S.2C:15-1, robbery;
(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;
(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;
(12) N.J.S.2C:18-2, burglary;
(13) subsection a. of N.J.S.2C:20-5, extortion;
(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;
(15) N.J.S.2C:35-9, strict liability for drug induced deaths;
(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;
(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;
(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree:
(19) subsection i. of N.J.S.2C:39-9, firearms trafficking; or
(20) paragraph (3) of subsection b. of N.J.S.2C:24-4, causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance.
e. (Deleted by amendment, P.L.2001, c.129).
(cf: P.L.2013, c.136, s.4)
13. Section 2 of P.L.1993, c.123 (C.2C:43-11) is amended to read to as follows:
2. a. No custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey if the [inmate] incarcerated person:
(1) Is serving a sentence for a conviction of any crime of the first degree; or
(2) Is serving a sentence for a conviction of any offense in which the sentencing court found that there is a substantial likelihood that the defendant is involved in organized criminal activity pursuant to N.J.S.2C:44-1a.(5); or
(3) Is serving any statutorily mandated parole ineligibility, or any parole ineligibility imposed by the court pursuant to subsection b. of N.J.S.2C:43-6 or section 6 of P.L.2007, c.49 (C.2C:43-6.5); or
(4) (Deleted by amendment, P.L.2008, c.30)
(5) Has previously been convicted of a crime of the first degree, or of any offense in any other jurisdiction which, if committed in New Jersey, would constitute a crime of the first degree and the [inmate] incarcerated person was released from incarceration on the first degree offense within five years of the commission of the offense for which the [inmate] incarcerated person is applying for intensive supervision.
Nothing in this subsection shall be construed to preclude the program of intensive supervision from imposing more restrictive standards for admission.
b. Unless the [inmate] incarcerated person is within nine months of parole eligibility and has served at least six months of the sentence, no custodial sentence of an [inmate] incarcerated person serving a sentence for conviction of any crime of the second degree shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey, if, within 20 days of receipt of notice of the [inmate's] incarcerated person's application, the county prosecutor or Attorney General objects in writing.
c. If an [inmate's] incarcerated person's application for a change of custodial sentence to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey is granted over the objection of the county prosecutor or the Attorney General, the order shall not become final for 20 days or until reconsideration by the Intensive Supervision Resentencing Panel in order to permit the county prosecutor or the Attorney General to appear personally or in writing, with notice to defense counsel, to request reconsideration of the application approval.
d. A victim of the offense for which the [inmate] incarcerated person was sentenced shall have the right to make a written statement or to appear at a proceeding regarding the application for a change of custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C for entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey.
(cf: P.L.2008, c.30, s.1)
14. N.J.S.2C:44-5 is amended to read as follows:
2C:44-5. Multiple Sentences; Concurrent and Consecutive Terms.
a. Sentences of imprisonment for more than one offense. When multiple sentences of imprisonment are imposed on a defendant for more than one offense, including an offense for which a previous suspended sentence or sentence of probation has been revoked, such multiple sentences shall run concurrently or consecutively as the court determines at the time of sentence, except that:
(1) The aggregate of consecutive terms to a county institution shall not exceed 18 months; and
(2) Not more than one sentence for an extended term shall be imposed.
There shall be no overall outer limit on the cumulation of consecutive sentences for multiple offenses.
b. Sentences of imprisonment imposed at different times. When a defendant who has previously been sentenced to imprisonment is subsequently sentenced to another term for an offense committed prior to the former sentence, other than an offense committed while in custody:
(1) The multiple sentences imposed shall so far as possible conform to subsection a. of this section; and
(2) Whether the court determines that the terms shall run concurrently or consecutively, the defendant shall be credited with time served in imprisonment on the prior sentence in determining the permissible aggregate length of the term or terms remaining to be served; and
(3) When a new sentence is imposed on a prisoner who is on parole, the balance of the parole term on the former sentence shall not be deemed to run during the period of the new imprisonment unless the court determines otherwise at the time of sentencing.
c. Sentence of imprisonment for offense committed while on parole. When a defendant is sentenced to imprisonment for an offense committed while on parole in this State, such term of imprisonment and any period of reimprisonment that the parole board may require the defendant to serve upon the revocation of his parole shall run consecutively unless the court orders these sentences to run concurrently.
d. Multiple sentences of imprisonment in other cases. Except as otherwise provided in this section, multiple terms of imprisonment shall run concurrently or consecutively as the court determines when the second or subsequent sentence is imposed.
e. Calculation of concurrent and consecutive terms of imprisonment.
(1) When terms of imprisonment run concurrently, the shorter terms merge in and are satisfied by discharge of the longest term.
(2) When terms of imprisonment run consecutively, the terms are added to arrive at an aggregate term to be served equal to the sum of all terms.
f. Suspension of sentence or probation and imprisonment; multiple terms of suspension and probation. When a defendant is sentenced for more than one offense or a defendant already under sentence is sentenced for another offense committed prior to the former sentence: (1) The court shall not sentence to probation a defendant who is under sentence of imprisonment, except as authorized by paragraph (2) of subsection b. of N.J.S.2C:43-2;
(2) Multiple periods of suspension or probation shall run consecutively, unless the court orders these sentences to run concurrently from the date of the first such disposition;
(3) When a sentence of imprisonment in excess of one year is imposed, the service of such sentence shall satisfy a suspended sentence on another count or prior suspended sentence or sentence to probation, unless the suspended sentence or probation has been violated in which case any imprisonment for the violation shall run consecutively; and
(4) When a sentence of imprisonment of one year or less is imposed, the period of a suspended sentence on another count or a prior suspended sentence or sentence to probation shall run during the period of such imprisonment, unless the suspended sentence or probation has been violated in which case any imprisonment for the violation shall run consecutively.
g. Offense committed while under suspension of sentence or probation. When a defendant is convicted of an offense committed while under suspension of sentence or on probation and such suspension or probation is not revoked:
(1) If the defendant is sentenced to imprisonment in excess of one year, the service of such sentence shall not satisfy the prior suspended sentence or sentence to probation, unless the court determines otherwise at the time of sentencing;
(2) If the defendant is sentenced to imprisonment of one year or less, the period of the suspension or probation shall not run during the period of such imprisonment; and
(3) If sentence is suspended or the defendant is sentenced to probation, the period of such suspension or probation shall run concurrently with or consecutively to the remainder of the prior periods, as the court determines at the time of sentence.
h. Offense committed while released pending disposition of a previous offense. When a defendant is sentenced to imprisonment for an offense committed while released, with or without bail, pending disposition of a previous offense, the term of imprisonment shall run consecutively to any sentence of imprisonment imposed for the previous offense, unless the court, in consideration of the character and conditions of the defendant, finds that imposition of consecutive sentences would be a serious injustice which overrides the need to deter such conduct by others.
i. Sentence of imprisonment for assault on corrections employee. Any term of imprisonment imposed on an [inmate] incarcerated person of a State or county correctional facility for an assault on a Department of Corrections employee, an employee of a county correctional facility, an employee of a State juvenile facility or a county juvenile detention facility, county sheriff's department employee or any State, county or municipal law enforcement officer while in the performance of his duties shall run consecutively to any term of imprisonment currently being served and to any other term imposed for any other offense committed at the time of the assault.
(cf: P.L.2001, c.16, s.1)
15. Section 3 of P.L. L.1979, c.396 (C.2C:46-4) is amended to read as follows:
3. a. All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97), and restitution shall be collected as follows:
(1) All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97), and restitution imposed by the Superior Court or otherwise imposed at the county level, shall be collected by the county probation division except when the fine, assessment, or restitution is imposed in conjunction with a custodial sentence to a State correctional facility or in conjunction with a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) in which event the fine, assessment, or restitution shall be collected by the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170). An adult prisoner of a State correctional institution or a juvenile serving a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) who has not paid an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), a penalty imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), a penalty imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97), or restitution shall have the assessment, penalty, fine, or restitution deducted from any income the [inmate] incarcerated person receives as a result of labor performed at the institution or on any type of work release program or, pursuant to regulations promulgated by the Commissioner of the Department of Corrections or the Juvenile Justice Commission, from any personal account established in the institution for the benefit of the [inmate] incarcerated person.
(a) A payment of restitution collected by the Department of Corrections pursuant to this paragraph shall be maintained by the department for two years during which the department shall attempt to locate the victim to whom the restitution is owed. If the department has not located the victim and the victim has not come forward to claim the payment within this two-year period, the payment shall be transferred to the Victims of Crime Compensation Office Account to be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).
(b) If the Department of Corrections has transferred a payment of restitution to the Victims of Crime Compensation Office pursuant to subparagraph (a) of this paragraph, the department shall provide the office with the order for restitution and any other information regarding the identity of the victim to whom the payment is owed. The office shall be responsible for maintaining this information and for distributing payments of restitution to victims who can prove they are owed the payments.
(2) All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), and restitution imposed by a municipal court shall be collected by the municipal court administrator except if the fine, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or restitution is ordered as a condition of probation in which event it shall be collected by the county probation division.
b. Except as provided in subsection c. with respect to fines imposed on appeals following convictions in municipal courts and except as provided in subsection i. with respect to restitution imposed under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.), all fines imposed by the Superior Court or otherwise imposed at the county level, shall be paid over by the officer entitled to collect the fines to:
(1) The county treasurer with respect to fines imposed on defendants who are sentenced to and serve a custodial term, including a term as a condition of probation, in the county jail, workhouse, or penitentiary except where such county sentence is served concurrently with a sentence to a State institution; or
(2) The State Treasurer with respect to all other fines.
c. All fines imposed by municipal courts, except a central municipal court established pursuant to N.J.S.2B:12-1 on defendants convicted of crimes, disorderly persons offenses, and petty disorderly persons offenses, and all fines imposed following conviction on appeal therefrom, and all forfeitures of bail shall be paid over by the officer entitled to collect the fines to the treasury of the municipality wherein the municipal court is located.
In the case of an intermunicipal court, fines shall be paid into the municipal treasury of the municipality in which the offense was committed, and costs, fees, and forfeitures of bail shall be apportioned among the several municipalities to which the court's jurisdiction extends according to the ratios of the municipalities' contributions to the total expense of maintaining the court.
In the case of a central municipal court, established by a county pursuant to N.J.S.2B:12-1, all costs, fines, fees, and forfeitures of bail shall be paid into the county treasury of the county where the central municipal court is located.
d. All assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be forwarded and deposited as provided in that section.
e. All mandatory Drug Enforcement and Demand Reduction penalties imposed pursuant to N.J.S.2C:35-15 shall be forwarded and deposited as provided for in that section.
f. All forensic laboratory fees assessed pursuant to N.J.S.2C:35-20 shall be forwarded and deposited as provided for in that section.
g. All restitution ordered to be paid to the Victims of Crime Compensation Office pursuant to N.J.S.2C:44-2 shall be forwarded to the office for deposit in the Victims of Crime Compensation Office Account.
h. All assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2) shall be forwarded and deposited as provided in that section.
i. All restitution imposed on defendants under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.) for costs incurred by a law enforcement entity in extraditing the defendant from another jurisdiction shall be paid over by the officer entitled to collect the restitution to the law enforcement entities which participated in the extradition of the defendant.
j. All penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) shall be forwarded and deposited as provided in that section.
k. All penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6) shall be forwarded and deposited as provided in that section.
l. All mandatory penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) shall be forwarded and deposited as provided in that section.
m. All mandatory Computer Crime Prevention penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8) shall be forwarded and deposited as provided in that section.
n. All mandatory Sex Offender Supervision penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) shall be forwarded and deposited as provided in that section.
(cf: P.L.2019, c.363, s.6)
16. Section 1 of P.L.1997, c.422 (C.2C:47-10) is amended to read as follows:
1. a. As used in this act, "sexually oriented material" means any description, narrative account, display, or depiction of sexual activity or associated anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film.
b. An [inmate] incarcerated person sentenced to a period of confinement in the Adult Diagnostic Treatment Center shall not receive, possess, distribute or exhibit within the center sexually oriented material, as defined in subsection a. of this section. Upon the discovery of any such material within the center, the commissioner shall provide for its removal and destruction, subject to a departmental appeal procedure for the withholding or removal of such material from the [inmate's] incarcerated person's possession.
c. The commissioner shall request an [inmate] incarcerated person sentenced to confinement in the center to acknowledge in writing the requirements of this act prior to the enforcement of its provisions. Any [inmate] incarcerated person who violates the provisions of subsection b. of this section shall be subject to on-the-spot sanctions pursuant to rules and regulations adopted by the commissioner.
d. A person who sells or offers for sale the material prohibited in subsection b. either for purposes of possession or viewing or who receives, possesses, distributes or exhibits any text, photograph, film, video or any other reproduction or reconstruction which depicts a person under 18 years of age engaging in a prohibited sexual act or in the simulation of such an act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), within the center shall be considered to have committed an [inmate] incarcerated person prohibited act and be subject to sanctions pursuant to rules and regulations adopted by the commissioner.
(cf: P.L.1997, c.422, s.1)
17. N.J.S.18A:71B-2 is amended to read as follows:
18A:71B-2. a. A student who is enrolled in an eligible institution and who is eligible for and receives any form of student financial aid through a program administered by the State under this chapter shall be considered to remain domiciled in New Jersey and eligible for continued financial assistance notwithstanding the fact that the student is financially dependent upon the student's parents or guardians and that the parents or guardians change their domicile to another State.
b. A person shall not be awarded financial aid under this chapter unless the person has been a resident of this State for a period of not less than 12 months immediately prior to receiving the financial aid.
c. A person shall not be awarded student financial aid under this chapter unless the person is a United States citizen or eligible noncitizen, as determined under 20 U.S.C.s.1091. The authority shall determine whether persons who were eligible noncitizens prior to the effective date of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193, but not after that date, shall continue to be eligible for student financial aid under this chapter.
d. A person who is incarcerated shall be eligible for student financial aid under this chapter provided that:
(1) the person had been a resident of this State for a period of not less than 12 months immediately prior to the date of incarceration;
(2) the person is a State-sentenced [inmate] incarcerated person; and
(3) the person receives approval from the Department of Corrections to enroll in an eligible institution.
(cf: P.L.2019, c.282)
18. Section 5 of L.1947, c.167 (C.19:32-30) is amended to read as follows:
5. Such superintendents and their assistants, in order to enforce the laws of this State regarding the conduct of elections, shall investigate all complaints relating to the registration of voters, and for that purpose the superintendents and their assistants shall have full power and authority to visit and inspect any house, dwelling, building, inn, lodging house or hotel and interrogate any [inmate] resident, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to any person or persons residing or claiming to reside therein or thereat; to inspect and copy any books, records, papers or documents relating to or affecting the elections, either general, special, primary or municipal, or the registration of voters in the custody and control of district boards, county boards, or the clerks or other officers of municipalities; to require every lodging-house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time to the superintendent, his subordinates or any other person so designated by such superintendent.
Any person who neglects or refuses to furnish any information required or authorized by this Title, or to exhibit the records, papers, or documents herein authorized to be inspected, or which are required to be exhibited, shall be guilty of a disorderly persons offense.
(cf: P.L.2005, c.154, s.15)
19. Section 2 of P.L.1945, c.101 (C.26:4-49.8) is amended to read as follows:
2. Examination and treatment for venereal disease of [inmates of] incarcerated persons in institutions.
The warden or other person in charge of any jail, house of correction, or other penal or correctional institution shall require and cause a medical examination for venereal diseases to be made of any person therein confined for a period of seven days or longer and such warden or other person in charge may require such examination to be made of any person therein confined for a shorter period of time. The superintendent or other person in charge of any detention or contagious disease hospital, or any State, county or city charitable institution shall require and cause a medical examination for venereal diseases to be made of all persons admitted as soon as practicable after admission. Any board or agency operating such jail or institution shall provide a physician licensed to practice medicine and suitable facilities, equipment and supplies to examine [inmates] incarcerated persons for venereal disease and to treat any [inmate] incarcerated person who is known or found to have a venereal disease and who is in need of treatment. The warden, superintendent or other person in charge of such jail or institution may isolate any [inmate] incarcerated person who refuses to submit to such examination or who refuses to permit the taking of specimens or any [inmate] incarcerated person with an infectious venereal disease. If a person has a venereal disease or if any person has refused to submit to examination or to allow specimens to be taken, the warden, superintendent or other person in charge shall notify the State department and may also notify the local health officer of the expected date of release of such person and the facts of the case. Such notification shall be made, if possible, at least five days prior to the actual date of release, and shall be made not later than the day following the date of release in any case.
(cf: P.L.1945, c.101, s.2)
20. Section 3 of P.L.2018, c.623 (C.26:6B-3) is amended to read as follows:
3. As used in this act:
"Commissioner" means the Commissioner of Health.
"Compelling public necessity" means one or more of the following:
a. that a dissection or autopsy is essential to the criminal investigation of a homicide of which the decedent is the victim;
b. that the discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health, and that a dissection or autopsy is essential to ascertain the cause of death;
c. that the death was that of an [inmate of] incarcerated person in a prison, jail, or other correctional facility;
d. that the death was that of a child under the age of 12 years suspected of having been abused or neglected or suspected of being a threat to public health, and the cause of whose death is not apparent after diligent investigation by the medical examiner; or
e. that the need for a dissection or autopsy is established pursuant to the provisions of this act.
"Department" means the Department of Health.
"Friend" means any person who, prior to the decedent's death, maintained close contact with the decedent sufficient to render that person knowledgeable of the decedent's activities, health, and religious beliefs, and who presents an affidavit stating the facts and circumstances upon which the claim that the person is a friend is based, and stating that the person will assume responsibility for the lawful disposition of the body of the deceased.
"Medicolegal death investigator" means a person, other than a medical examiner, who is not a physician, but who is authorized to investigate a death that falls under the jurisdiction of the medical examiner, including all suspicious, violent, unexplained, and unexpected deaths.
"Person in interest" means the spouse, civil union partner, domestic partner, adult child, parent, adult sibling, grandparent, or guardian of the person of the deceased at the time of the deceased's death.
(cf: P.L.2018, c.62, s.3)
21. R.S.26:8-5 is amended to read as follows:
26:8-5. The person in charge of a hospital, almshouse, lying-in, penal, or other institution, public or private, to which any person resorts for treatment of disease or for confinement, or is committed by process of law, shall make a record of all the personal and statistical particulars relative to each [inmate] person treated in, residing in, or confined in such institution, at the time of admission, and shall make a complete medical record covering the period of such person's confinement in such institution.
The medical records provided for herein or photographic reproductions thereof shall be retained by the custodian of records of such institution for a period of 10 years following the most recent discharge of the patient, or until the person confined therein reaches the age of 23 years, whichever is the longer period of time. In addition, a discharge summary sheet shall be retained by such custodian of records for a period of 20 years following the most recent discharge of the patient. The discharge summary sheet shall contain the patient's name, address, dates of admission and discharge and a summary of the treatment and medication rendered during the patient's stay. Any X-ray films related to such confinement, or any size reproductions thereof which maintain the clarity of the original shall be retained by such custodian of records for a period of 5 years.
In case of any person admitted or committed for treatment of disease, the physician in charge shall specify, for entry in the record, the nature of the disease and where, in his opinion, it was contracted.
The personal particulars and information required by this section shall be obtained from the individual himself if practicable; and when not, they shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts.
(cf: P.L.1975, c.282, s.1)
22. Section 2 of P.L.2009, c.329 (C.30:1B-6.2) is amended to read as follows:
2. The Commissioner of Corrections shall provide to each [inmate] incarcerated person at least 10 days prior to release from a State correctional facility:
a. A copy of the [inmate's] incarcerated person's criminal history record and written information on the [inmate's] incarcerated person's right to have his criminal records expunged under chapter 52 of Title 2C of the New Jersey Statutes;
b. General written information on the [inmate's] incarcerated person's right to vote under R.S.19:4-1;
c. General written information on the availability of programs, including faith-based and secular programs, that would assist in removing barriers to the [inmate's] incarcerated person's employment or participation in vocational or educational rehabilitative programs, including but not limited to, information concerning the "Rehabilitated Convicted Offenders Act," P.L.1968, c.282 (C.2A:168A-1 et seq.) and the certificate of rehabilitation under P.L.2007, c.327 (C.2A:168A-7 et seq.);
d. A detailed written record of the [inmate's] incarcerated person's participation in educational, training, employment, and medical or other treatment programs while the [inmate] incarcerated person was incarcerated;
e. A written accounting of the fines, assessments, surcharges, restitution, penalties, child support arrearages, and any other obligations due and payable by the [inmate] incarcerated person upon release;
f. (Deleted by amendment, P.L.2020, c.45)
g. A copy of the [inmate's] incarcerated person's birth certificate, as issued by the Department of Health, Office of Vital Statistics, if the [inmate] incarcerated person was born in New Jersey;
h. Assistance in obtaining a Social Security card;
i. A one-day New Jersey bus or rail pass;
j. A two-week supply of prescription medication and, to the extent consistent with clinical guidelines, a two-week prescription order with two additional refills;
k. General written information concerning child support, including child support payments owed by the [inmate] incarcerated person, information on how to seek child support payments and information on where to seek services regarding child support, child custody, and establishing parentage; and
l. (1) A medical discharge summary, which shall include instructions on how to obtain from the commissioner a copy of the [inmate's] incarcerated person's full medical record. Upon request from the [inmate] incarcerated person, the commissioner shall provide a copy of the [inmate's] incarcerated person's full medical record in a safe and secure manner, at no charge to the [inmate] incarcerated person.
(2) Within 90 days of the effective date of this act, the commissioner, in consultation with the State Board of Medical Examiners, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to ensure that these records are expeditiously and securely provided, in a manner consistent with the provision of medical records by other providers.
(cf: P.L.2021, c.312, s.1)
23. Section 4 of P.L.2019, c.288 (C.30:1B-6.8) is amended to read as follows:
4. The Commissioner of Corrections shall:
a. place an [inmate] incarcerated person who has a minor child in a State correctional facility as close as possible to that child's place of residence at the request of the [inmate] incarcerated person and prior to sentencing;
b. establish policies that encourage and promote visitation, particularly for [inmates] incarcerated persons who are primary caretaker parents, including, but not limited to:
(1) requiring the visitation program be in operation at least six days per week, including Saturday and Sunday, for at least three hours per visit;
(2) prohibiting restrictions on the number of minor children allowed to visit an [inmate] incarcerated person;
(3) authorizing up to three adult visitors; and
(4) authorizing contact visits;
c. prohibit the isolated confinement of a pregnant woman;
d. prohibit a staff member of, or medical service provider for, a correctional facility from restraining a woman known to be pregnant or applying restraints during any stage of labor, any pregnancy related medical distress, delivery, or postpartum;
e. provide parenting classes to primary caretaker parents;
f. provide appropriate trauma informed care to [inmates] incarcerated persons who are primary caretaker parents and train correctional police officers on how to interact with [inmates] incarcerated persons who are victims of trauma;
g. allow former [inmates] incarcerated persons who have returned to society, after appropriate internal clearance, to mentor current [inmates] incarcerated persons who are incarcerated primary caretaker parents and assist these [inmates] incarcerated persons with reentry efforts;
h. require standard feminine hygiene products, including but not limited to, tampons and sanitary pads, be provided at the request of and free of charge to female [inmates] incarcerated persons, and petroleum jelly, aspirin, ibuprofen, and any other item deemed appropriate by the commissioner, to be made available to [inmates] incarcerated persons from the commissary or medical department;
i. restrict correctional police officers and other department employees from entering the restrooms and shower facilities of [inmates] incarcerated persons of the opposite sex when occupied except when deemed necessary by the commissioner; and
j. allow all pregnant women and [inmates] incarcerated persons who are primary caretaker parents to enroll in residential drug abuse and mental health programs provided they meet the requirements of those programs.
(cf: P.L.2019, c.288, s.4)
24. Section 5 of P.L.2019, c.288 (C.30:1B-6.9) is amended to read as follows:
5. The chief executive officer or warden of each county correctional facility shall:
a. establish policies that encourage and promote visitation, particularly for [inmates] incarcerated persons who are primary caretaker parents, including, but not limited to:
(1) requiring in-person visitation three days per week, including Saturday and Sunday, for at least 30 minutes per visit;
(2) prohibiting restrictions on the number of children allowed to visit an [inmate] incarcerated person consistent with current regulations;
(3) authorizing up to two adult visitors; and
(4) providing consistent access to contact visits;
(5) authorizing contact visits with children;
b. prohibit the isolated confinement of a pregnant woman;
c. prohibit a staff member of, or medical service provider for, a county correctional facility from restraining a woman known to be pregnant or applying restraints during any stage of labor, any pregnancy related medical distress, delivery, or postpartum;
d. provide parenting classes to [inmates] incarcerated persons who are primary caretaker parents;
e. provide trauma informed care to [inmates] incarcerated persons who are primary caretaker parents and train correctional police officers on how to interact with [inmates] incarcerated persons who are victims of trauma;
f. allow former [inmates] incarcerated persons who are participating members of a non-profit or reentry organization mentorship or visitation program approved by the chief executive officer or warden to mentor current [inmates] incarcerated persons who are incarcerated primary caretaker parents and assist these [inmates] incarcerated persons with reentry efforts;
g. require standard feminine hygiene products, including but not limited to tampons and sanitary pads, be provided at the request of and free of charge to female inmates, and petroleum jelly, aspirin, ibuprofen, and any other item deemed appropriate by the chief executive officer or warden, to be provided at the request of and free of charge to [inmates] incarcerated persons;
h. restrict correctional police officers and other department employees from entering the restrooms and shower facilities of [inmates] incarcerated persons of the opposite sex when occupied except when deemed necessary by the chief executive officer or warden; and
i. allow all pregnant
women and [inmates] incarcerated
persons who are primary caretaker parents to enroll in residential drug
abuse
and mental health programs provided they meet the requirements of those
programs.
(cf: P.L.2019, c.288, s.5)
25. Section 3 of P.L.2019, c.364 (C.30:1B-6.10) is amended to read as follows:
3. a. The Commissioner of Corrections and Chairman of the State Parole Board shall coordinate reentry preparation and other rehabilitative services for [inmates] incarcerated persons in all State correctional facilities pursuant to P.L.2019, c.364 (C.30:4-123.55b et al.).
Appropriate staff within the Department of Corrections and State Parole Board shall be responsible for engaging with each [inmate] incarcerated person to develop and implement an individualized, comprehensive reentry plan for services during the [inmate's] incarcerated person's incarceration. This plan may be refined and updated during incarceration as needed, and shall include recommendations for community-based services prior to the [inmate's] incarcerated person's actual return to the community. Appropriate staff within the Department of Corrections and State Parole Board shall determine what medical, psychiatric, psychological, educational, vocational, substance abuse, and social rehabilitative services shall be incorporated into a comprehensive reentry plan in order to prepare each [inmate] incarcerated person for successful integration upon release. The Department of Corrections shall establish guidelines, timelines, and procedures to govern the institutional reentry plan process.
b. Appropriate staff within the Department of Corrections and State Parole Board shall compile and disseminate to [inmates] incarcerated persons information concerning organizations and programs, whether faith-based or secular programs, which provide assistance and services to [inmates] incarcerated persons reentering society after a period of incarceration. In compiling this information, the appropriate staff shall consult with non-profit entities that provide informational services concerning reentry, the Executive Director of the Office of Faith-based Initiatives in the Department of State, and the Corrections Ombudsperson in, but not of, the Department of the Treasury.
c. The State Parole Board shall ensure that all [inmates] incarcerated persons are made aware of and referred to organizations which provide services in the county where the [inmate] incarcerated person is to reside after being released from incarceration. The State Parole Board shall assist [inmates] incarcerated persons in gaining access to programs and procuring the appropriate post-release services.
d. The Department of Corrections and State Parole Board may employ professional and clerical staff as necessary within the limits of available appropriations.
(cf: P.L.2019, c.364, s.3)
26. Section 1 of P.L.2019, c.410 (C.30:1B-6.13) is amended to read as follows:
1. a. In addition to the duties of the commissioner set forth in section 6 of P.L.1976, c.98 (C.30:1B-6), the commissioner shall institute a mandatory annual in-service training program of at least 40 hours for each correctional police officer in every State correctional facility. The commissioner shall establish and incorporate in the in-service training program curriculum the concept that the core mission of a State correctional police officer is to treat every [inmate] incarcerated person with dignity, fairness, and respect.
b. At least four hours of the mandatory 40 hours of training required by subsection a. of this section shall include training in:
(1) sexual assault, sexual abuse, and sexual harassment prevention as required pursuant to the provisions of the federal Prison Rape Elimination Act (PREA);
(2) non-fraternization and undue familiarity; and
(3) conditioning and manipulation awareness.
c. Sixteen hours of the training required by subsection a. of this section shall be dedicated to topics chosen by the training department of each State correctional facility from a list of approved courses developed by the commissioner.
d. The training required in subsection a. of this section shall be in addition to firearms qualification training and use-of force training.
e. Twenty hours of the training required by subsection a. of this section shall include training in:
(1) de-escalation, including training in interacting with combative or threatening [inmates] incarcerated persons and [inmates] incarcerated persons experiencing mental health crises;
(2) minimization of use of force;
(3) cultural diversity and implicit bias;
(4) appropriate methods of engaging with inmates of diverse cultures and religions and [inmates] incarcerated persons who are members of the lesbian, gay, bisexual, transgender, and questioning (LGBTQ) community and gender nonconforming [inmates] incarcerated persons;
(5) the rights of [inmates] incarcerated persons;
(6) lifestyle stressors, self-awareness, and self-regulation;
(7) officer and [inmate] incarcerated person safety;
(8) communication skills; and
(9) any other topic deemed necessary by the commissioner to advance the core mission of treating [inmates] incarcerated persons with dignity, fairness, and respect.
(cf: P.L.2021, c.305, s.2)
27. Section 2 of P.L.2019, c.410 (C.30:1B-6.14) is amended to read as follows:
2. The in-service training on non-fraternization and undue familiarity required by paragraph (2) of subsection b. of section 1 of this act shall include training on the parameters of authorized contact that a correctional police officer may have with a current and former [inmate] incarcerated person as follows:
a. prohibit an officer from making personal contacts with or engaging in a personal relationship with a current [inmate] incarcerated person except as explicitly authorized;
b. limit ongoing contacts with a current or former [inmate] incarcerated person, member of the [inmate's] incarcerated person's family, or close associate of the [inmate] incarcerated person to those persons with whom the officer was acquainted or associated with before the [inmate] incarcerated person entered the correctional facility, and in these situations, require the officer to provide the officer's supervisor, in writing, of the nature, extent, and history of the relationship;
c. prohibit an officer from engaging in any of the following activities related to an [inmate] incarcerated person, a member of the [inmate's] incarcerated person's family, or a close associate of the [inmate] incarcerated person for a minimum of 90 days after the release of the [inmate] incarcerated person:
(1) display favoritism or preferential treatment toward one [inmate] incarcerated person or group of [inmates] incarcerated persons over another;
(2) give gifts, favors, or services beyond those required by the facility;
(3) accept for the officer or a family member of the officer any tangible or non-tangible personal reward or other consideration;
(4) engage in any business relationship;
(5) engage in any non-incidental contact outside the facility;
(6) engage in a personal relationship; and
(7) require any authorized contact to be conducted in a professional manner.
(cf: P.L.2019, c.410, s.2)
28. N.J.S.30:1B-6.16 is amended to read as follows:
4. a. The Commissioner of Corrections shall ensure that an [inmate] incarcerated person is assisted with completing, obtaining any required signatures or authorizations for, and forwarding for processing to the Department of Human Services as soon as practicable but not less than 30 days prior to an [inmate's] incarcerated person's release from incarceration, an online application for enrollment in the Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
b. In addition to the requirements of subsection a. of this section, the Commissioner of Corrections shall also ensure that the [inmate] incarcerated person is assisted in completing, obtaining any required signatures or authorizations for, and forwarding for processing to the appropriate county welfare agency or board of social services, as soon as practicable but not less than 30 days prior to an [inmate's] incarcerated person's release from incarceration, online applications for enrollment in the following programs:
(1) the Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C.s.2011 et seq.); and
(2) the Work First New Jersey program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.), which shall include, for [inmates] incarcerated persons who are unable to identify a residence at the time of release, the application for emergency assistance benefits issued to Work First New Jersey recipients pursuant to section 8 of P.L.1997, c.14 (C.44:10-51).
c. The Department of Human Services shall be required to accept and process the online applications for Medicaid received from the Department of Corrections pursuant to subsection a. of this section.
d. If an [inmate] incarcerated person is unable to identify a residence at the time of application for benefits pursuant to this section, the Commissioner of Corrections shall, with the [inmate's] incarcerated person's consent, ensure that the address of a reentry organization is used for the purposes of establishing proof of residence to meet any applicable eligibility requirements. The commissioner shall ensure that all [inmates] incarcerated persons who are unable to identify a residence at the time of application for benefits are educated on their ability to select the address of the reentry organization as a residential address pursuant to this subsection.
e. All State, county, and municipal agencies, for the purposes of establishing applicable eligibility requirements, shall:
(1) accept the address of the reentry organization for an [inmate] incarcerated person who is unable to identify a residence at the time of application for benefits in accordance with subsection d. of this section; and
(2) accept an [inmate's] incarcerated person's Department of Corrections identification card to establish the [inmate's] incarcerated person's identity.
f. An [inmate] incarcerated person who appears to be eligible for Work First New Jersey assistance shall be screened for immediate need assistance.
(cf: P.L.2021, c.312, s.4)
29. Section 3 of P.L.2019, c.408 (C.30:1B-41) is amended to read as follows:
3. a. The Commissioner of Corrections shall establish an [inmate] incarcerated person abuse reporting program for State correctional facilities. The program shall provide, at a minimum, that employees of a State correctional facility are:
(1) trained in recognizing probable incidents of or behavior that constitutes [inmate] incarcerated person abuse and other abuse prevention strategies;
(2) informed of the duty to report the suspected [inmate] incarcerated person abuse pursuant to this act; and
(3) provided with the name and telephone number of the person designated by the Commissioner of Corrections who shall be notified of any suspected [inmate] incarcerated person abuse.
b. The Commissioner of Corrections shall designate one or more employees of the Department of Corrections who are not employees of any State correctional facility to serve as a contact person for an employee of a State correctional facility or any other person to notify if the employee or person has reasonable cause to suspect that an [inmate] incarcerated person is being or has been abused by any other employee of the correctional facility.
c. The designated contact person shall transmit all reported incidents or allegations of [inmate] incarcerated person abuse to the Commissioner of Corrections or a designee. The commissioner shall cause a prompt investigation of any report of [inmate] incarcerated person abuse.
d. The Commissioner of Corrections or a designee shall promptly report all instances of suspected [inmate] incarcerated person abuse, as determined by an investigation, to the county prosecutor of the county in which the State correctional facility is located. The report to the county prosecutor shall be in accordance with regulations or internal policies adopted by the commissioner in consultation with the County Prosecutors Association of New Jersey and the Attorney General.
e. Upon receipt of a report pursuant to subsection d. of this section, the county prosecutor may conduct a review of the suspected [inmate] incarcerated person abuse and take any appropriate action.
f. Nothing in this section shall preclude the Special Investigations Division in the Department of Corrections from conducting an investigation.
(cf: P.L.2019, c.408, s.3)
30. N.J.S.30:1B-46 is amended to read as follows:
1. The Commissioner of Corrections shall establish a policy to limit cross gender searches and surveillance in State correctional facilities. The policy shall:
a. require a strip or body cavity search of an [inmate] incarcerated person to be conducted by an officer of the same gender who is specially trained to conduct these searches;
b. authorize an exception to the requirements in subsection a. of this section only in cases of an emergency or other extraordinary or unforeseen circumstances;
c. require a non-security employee to conduct the search if a facility does not have sufficient correctional police officers of the same gender as the [inmate] incarcerated person population;
d. require the strip or body cavity search to conform with hygienic procedures and professional practices;
e. prohibit correctional police officers from viewing inmates of the opposite gender who are nude or performing bodily functions except in an emergency or other extraordinary or unforeseen circumstances;
f. require a facility to install privacy panels in shower and toilet areas when possible;
g. require a verbal announcement to be made when correctional police officers or other employees of the opposite gender are in an area of the facility;
h. when necessary to determine a transgender [inmate's] incarcerated person's genital status, require the examination of the [inmate] incarcerated person to be conducted in a private setting by a medical practitioner;
i. prohibit a correctional police officer or non-security employee from conducting a strip search on an [inmate] incarcerated person solely for the purpose of determining the [inmate's] incarcerated person's biological sex or gender;
j. prohibit lesbian, gay, bisexual, transgender, and questioning (LGBTQ) [inmates] incarcerated persons from being subject to a more invasive strip or body cavity search than non-LGBTQ [inmates] incarcerated persons; in the event an additional search is necessary, require the correctional police officer or non-security employee to obtain supervisor approval;
k. require that a transgender [inmate] incarcerated person be permitted to indicate a preference for the gender of the correctional police officer or non-security employee who will perform the strip or body cavity search on the [inmate] incarcerated person and require that the request is to be honored unless exigent circumstances require an immediate strip or body cavity search by available personnel, as determined by a supervisor;
l. require a transgender [inmate] incarcerated person who chooses to have a cross gender search conducted pursuant to subsection k. of this section to sign a cross gender search preference form; and
m. include any other restrictions deemed appropriate by the commissioner.
(cf: P.L.2019, c.409, s.1)
31. Section 3 of 2021, c.233 (C.30:1B-49) is amended to read as follows:
3. a. An eligible [inmate] incarcerated person may apply to the Department of Corrections seeking participation in the residential community release program in a manner and form prescribed by the department. The application contain the following:
(1) the crime for which the [inmate] incarcerated person is serving a sentence of imprisonment was committed against the alleged abuser and no one else;
(2) the [inmate] incarcerated person has not been convicted of a crime of violence against a person other than the alleged abuser; and
(3) documentation that the [inmate] incarcerated person is a victim of domestic violence, including, but not limited to:
(a) a restraining order or other documentation of equitable relief issued to the [inmate] incarcerated person by a court of competent jurisdiction against the abuser;
(b) a police record documenting the domestic violence between the [inmate] incarcerated person and the abuser;
(c) documentation that the abuser has been convicted of one or more of the offenses enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19);
(d) medical documentation of the domestic violence;
(e) certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency that the [inmate] incarcerated person is a victim of domestic violence; or
(f) other documentation or certification of the domestic violence provided by a social worker or other professional who has assisted the [inmate] incarcerated person in dealing with domestic violence or any sufficient documentary evidence that the [inmate] incarcerated person has been a victim of domestic violence by the abuser.
b. Prior to considering an eligible [inmate's] incarcerated person's application to participate in the residential community release program, the Department of Corrections shall cause to be completed application review materials, including a psychological evaluation of the applicant, an objective risk assessment, and a summary of the applicant's conduct regarding the offense, history, and evidence of abuse, and classification of institutional record since conviction.
(cf: P.L.2021, c.233, s.3)
32. Section 2 of P.L.1996, c.11 (C.30:4-16.3) is amended to read as follows:
2. a. If an [inmate] incarcerated person files an action or proceeding in any court of this State and requests a waiver of filing fees on the grounds of indigency the [inmate] incarcerated person shall attach to the filing a certified copy of the [prisoner's] incarcerated person's fund account statement from the appropriate correctional institution for the six months immediately preceding the filing of the complaint or petition. If any filing fee is waived, the [inmate] incarcerated person shall pay a partial filing fee that is 20% of the greater of:
(1) the average monthly balance in the [inmate's] incarcerated person's account;
(2) the average deposits to the [inmate's] incarcerated person's account;
for the six months immediately preceding the filing of the complaint or petition. However, the partial fee may not exceed the full filing fee for the commencement of the action or proceeding.
b. If an [inmate] incarcerated person claims exceptional circumstances that render the [inmate] incarcerated person unable to pay the partial filing fee required by this section, in addition to the statement of account required by subsection a. the [inmate] incarcerated person shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement.
c. If the court approves the application to waive all fees, the court shall give written notice to the [inmate] incarcerated person that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the [inmate] incarcerated person that the [offender's] incarcerated person's case will be dismissed if the partial filing fee is not paid within 45 days after the date of the order, or within an additional period that the court may, upon request, allow. Process in an action filed by an [inmate] incarcerated person shall not be served until the fee is paid.
d. As used in this section "action or proceeding" includes any appeal by [inmates] incarcerated persons from administrative decisions rendered by the State Parole Board and the Department of Corrections, including, but not limited to, parole and disciplinary matters.
(cf: P.L.2000, c.90)
33. Section 4 of P.L.1994, c.134 (C.30:4-82.4) is amended to read as follows:
4. a. In order to ensure that adult and juvenile [inmates] incarcerated persons who are dangerous to themselves or others because of mental illness and who are "in need of involuntary commitment" within the meaning of section 2 of P.L.1987, c.116 (C.30:4-27.2) or who are "sexually violent predators" within the meaning of section 3 of P.L.1998, c.71 (C.30:4-27.26), are not released without appropriate supervision and treatment, the board, the Commissioner of the Department of Corrections, the Attorney General, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) and county prosecutors shall follow the procedures set forth in this section.
b. When an adult or juvenile[inmate] incarcerated person is scheduled for release due to expiration of the [inmate's] incarcerated person's maximum term, the commissioner or the Juvenile Justice Commission shall notify the Attorney General and the prosecutor of the county from which the person was committed if:
(1) The adult [inmate's] incarcerated person's term includes a sentence imposed for conviction of aggravated sexual assault, sexual assault or aggravated criminal sexual contact and the court imposing sentence found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior;
(2) The parole board or the superintendent of the facility in which the [inmate] incarcerated person has been confined has advised the commissioner or the Juvenile Justice Commission that the conduct of the [inmate] incarcerated person during the period of confinement, the [inmate's] incarcerated person's mental condition or the [inmate's] incarcerated person's past history indicates that the [inmate] incarcerated person may be "in need of involuntary commitment" within the meaning of section 2 of P.L.1987, c.116 (C.30:4-27.2); or
(3) The [inmate's] incarcerated person's term includes a sentence imposed for conviction of a "sexually violent offense" as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26).
c. Notice required by subsection b. shall be given no less than 90 days before the date on which the [inmate's] incarcerated person's maximum term is scheduled to expire.
d. When such notice is given, the board, the Juvenile Justice Commission or the commissioner shall provide the Attorney General and county prosecutor with all information relevant to a determination of whether the [inmate] incarcerated person may be "in need of involuntary commitment" or may be a "sexually violent predator", including, without regard to classification as confidential pursuant to regulations of the board, of the Department of Corrections or the Juvenile Justice Commission, any preparole report, psychological and medical records, any statement of the reasons for denial of parole and, if applicable, a statement of the reasons for the determination that the [inmate] incarcerated person may be "in need of involuntary commitment" or may be a "sexually violent predator".
e. If the Attorney General or county prosecutor determines, on the basis of the information provided pursuant to this section or N.J.S.2C:47-5, that the [inmate] incarcerated person may be "in need of involuntary commitment" or may be a "sexually violent predator", the Commissioner of Corrections or the Juvenile Justice Commission, upon request of the Attorney General or county prosecutor shall:
(1) Permit persons qualified to execute clinical certificates necessary for civil commitment to examine the [inmate] incarcerated person in the institution in which he is confined; or
(2) Pursuant to section 2 of P.L.1986, c.71 (C.30:4-82.2), arrange for persons qualified to execute clinical certificates necessary for civil commitment to examine the [inmate] incarcerated person.
f. In the interests of the public safety and the well-being of the [inmate] incarcerated person, the Attorney General or county prosecutor may exercise discretion to obtain an assessment of the [inmate's] incarcerated person's condition by one or more of the means set forth in subsection e. of this section.
g. The Attorney General or county prosecutor shall provide a psychiatrist or physician assessing or examining an [inmate] incarcerated person pursuant to this section with all information relevant to the [inmate's] incarcerated person's need of involuntary commitment, including information concerning the [inmate's] incarcerated person's condition, history, recent behavior and any recent act or threat. Any person who assesses or examines an [inmate] incarcerated person pursuant to this section shall provide the Attorney General and county prosecutor with a written report detailing the person's findings and conclusions.
h. (1) All information, documents and records concerning the [inmate's] incarcerated person's mental condition or classified as confidential pursuant to regulations of the board, of the Department of Corrections or the Juvenile Justice Commission that are received or provided pursuant to this section or N.J.S.2C:47-5 shall be deemed confidential.
(2) Unless authorized or required by court order or except as required in the course of judicial proceedings relating to the [inmate's] incarcerated person's commitment or release, disclosure of such information, documents and records shall be limited to professionals evaluating the [inmate's] incarcerated person's condition pursuant to this section, the Attorney General, county prosecutor and members of their respective staffs as necessary to the performance of duties imposed pursuant to this section.
i. Any person acting in good faith who has provided information relevant to an [inmate's] incarcerated person's need of involuntary commitment or as to whether the [inmate] incarcerated person is a sexually violent predator or has taken good faith steps to assess an [inmate's] incarcerated person's need of involuntary commitment or whether the [inmate] incarcerated person is a sexually violent predator is immune from civil and criminal liability.
(cf: P.L.1998, c.71, s.17)
34. Section 3 of P.L.2019, c.160 (C.30:4-82.7) is amended to read as follows:
3. For the purposes of this act:
"Clinician" means a State licensed physician, except if the clinician makes mental health evaluations, the term shall mean a State licensed psychiatrist or psychologist, or an advanced practice nurse or clinical nurse specialist with a specialty in psychiatric nursing.
"Commissioner" means the Commissioner of Corrections.
"Correctional facility" means any State correctional facility or county correctional facility, and any State, county, or private facility detaining persons pursuant to any intergovernmental service agreement or other contract with any State, county, or federal agency, including, but not limited to, United States Immigration and Customs Enforcement.
"County correctional facility" means a county jail, penitentiary, prison, or workhouse.
"Emergency confinement" means the segregation of an [inmate] incarcerated person in a correctional facility when there is reasonable cause to believe that this segregation is necessary for reducing a substantial risk of imminent serious harm to the [inmate] incarcerated person or others, as evidenced by recent conduct.
"Facility administrator" or "administrator" means the chief operating officer or senior administrative designee of a correctional facility.
["Inmate"] "Incarcerated person" means a person confined in a correctional facility.
"Isolated confinement" means confinement of an [inmate] incarcerated person in a correctional facility, pursuant to disciplinary, administrative, protective, investigative, medical, or other classification, in a cell or similarly confined holding or living space, alone or with other [inmates] incarcerated persons, for approximately 20 hours or more per day in a State correctional facility or 22 hours or more per day in a county correctional facility, with severely restricted activity, movement, and social interaction. Isolated confinement shall not include confinement due to a facility-wide or unit-wide lockdown that is required to ensure the safety of [inmates] incarcerated persons and staff.
"Less restrictive intervention" means a placement or conditions of confinement, or both, in the current or an alternative correctional facility, under conditions less restrictive of an [inmate's] incarcerated person's movement, privileges, activities, or social interactions.
"Medical isolation" means isolated confinement of an [inmate] incarcerated person for medical reasons, including a mental health emergency or when necessary for preventing the spread of a communicable disease.
"Medical staff" means State licensed physicians, physician assistants, advanced practice nurses or clinical nurse specialists or, for mental health evaluations or decisions, those registered nurses with a specialty in psychiatric nursing, or comparably credentialed employees or contractors employed to provide healthcare.
"Member of a vulnerable population" means any [inmate] incarcerated person who:
a. is 21 years of age or younger;
b. is 65 years of age or older;
c. has a disability based on a mental illness, as defined in subsection r. of section 2 of P.L.1987, c.116 (C.30:4-27.2), a history of psychiatric hospitalization, or has recently exhibited conduct, including but not limited to serious self-mutilation, indicating the need for further observation or evaluation to determine the presence of mental illness;
d. has a developmental disability, as defined in subsection b. of section 3 of P.L.1985, c.145 (C.30:6D-25);
e. has a serious medical condition which cannot effectively be treated in isolated confinement;
f. is pregnant, is in the postpartum period, or has recently suffered a miscarriage or terminated a pregnancy;
g. has a significant auditory or visual impairment; or
h. is perceived to be lesbian, gay, bisexual, transgender, or intersex.
"Postpartum period" means the 45 days after childbirth. "Protective custody" means confinement of an [inmate] incarcerated person in a cell or similarly confined holding or living space, under conditions necessary to protect the [inmate] incarcerated person or others.
"State correctional facility" means a State prison or other penal institution or an institution or facility designated by the commissioner as a place of confinement under section 2 of P.L.1969, c.22 (C.30:4-91.2).
(cf: P.L.2019, c.160, s.3)
35. Section 4 of P.L.2019, c.160 (C.30:4-82.8) is amended to read as follows:
4. a. The use of isolated confinement in correctional facilities in this State shall be limited as follows:
(1) Except as otherwise provided in paragraphs (1), (3), and (4) of subsection d. of this section, an [inmate] incarcerated person shall not be placed in isolated confinement unless there is reasonable cause to believe that the [inmate] incarcerated person would create a substantial risk of serious harm to himself or another, including but not limited to a correctional police officer or other employee or volunteer in the facility, as evidenced by recent threats or conduct, and a less restrictive intervention would be insufficient to reduce this risk. Except as otherwise provided in paragraphs (1), (3), and (4) of subsection d. of this section, the correctional facility shall bear the burden of establishing this standard by clear and convincing evidence.
(2) Except as otherwise provided in paragraphs (1), (3), and (4) of subsection d. of this section, an [inmate] incarcerated person shall not be placed in isolated confinement for non-disciplinary reasons.
(3) Except as otherwise provided in paragraph (1) of subsection d. of this section, an [inmate] incarcerated person shall not be placed in isolated confinement before receiving a personal and comprehensive medical and mental health examination conducted by a clinician; however, in a county correctional facility, a preliminary examination shall be conducted by a member of the medical staff within 12 hours of confinement and the clinical examination shall be conducted within 48 hours of confinement, but if staffing levels require, the period for conducting a clinical examination may be extended to 72 hours of confinement.
(4) Except as otherwise provided in paragraph (1) of subsection d. of this section, an [inmate] incarcerated person shall only be held in isolated confinement pursuant to initial procedures and reviews which provide timely, fair and meaningful opportunities for the [inmate] incarcerated person to contest the confinement. These procedures shall include the right to an initial hearing within 72 hours of placement absent exigent circumstances, and a review every 30 days thereafter, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements; the right to appear at the hearing; the right to be represented at the hearing; an independent hearing officer; and a written statement of reasons for the decision made at the hearing.
(5) Except as otherwise provided in paragraph (3) of subsection d. of this section, the final decision to place an [inmate] incarcerated person in isolated confinement shall be made by the facility administrator.
(6) Except as otherwise provided in paragraph (7) of subsection a. of this section and paragraph (3) of subsection d. of this section, an [inmate] incarcerated person shall not be placed or retained in isolated confinement if the facility administrator determines that the [inmate] incarcerated person no longer meets the standard for the confinement.
(7) A clinician shall conduct a mental health and physical health status examination for each [inmate] incarcerated person placed in isolated confinement on a daily basis, in a confidential setting outside of the cell whenever possible, to determine whether the [inmate] incarcerated person is a member of a vulnerable population; however, in a county correctional facility, an [inmate] incarcerated person in isolated confinement shall be evaluated by a member of the medical staff as frequently as clinically indicated, but at least once per week. Except as otherwise provided in subsection d. of this section, an [inmate] incarcerated person determined to be a member of a vulnerable population shall be immediately removed from isolated confinement and moved to an appropriate placement.
(8) A disciplinary sanction of isolated confinement which has been imposed on an [inmate] incarcerated person who is removed from isolated confinement pursuant to paragraph (7) of subsection a. of this section shall be deemed to be satisfied.
(9) Except as otherwise provided in paragraph (1) of subsection d. of this section during a facility-wide lock down, an [inmate] incarcerated person shall not be placed in isolated confinement for more than 20 consecutive days, or for more than 30 days during any 60-day period.
(10) Cells or other holding or living space used for isolated confinement are to be properly ventilated, lit, temperature-monitored, clean, and equipped with properly functioning sanitary fixtures.
(11) A correctional facility shall maximize the amount of time that an [inmate] incarcerated person held in isolated confinement spends outside of the cell by providing, as appropriate, access to recreation, education, clinically appropriate treatment therapies, skill-building activities, and social interaction with staff and other [inmates] incarcerated persons.
(12) An [inmate] incarcerated person held in isolated confinement shall not be denied access to food, water, or any other basic necessity.
(13) An [inmate] incarcerated person held in isolated confinement shall not be denied access to appropriate medical care, including emergency medical care.
(14) An [inmate] incarcerated person in a State correctional facility shall not be directly released from isolated confinement to the community during the final 180 days of the [inmate] incarcerated person's term of incarceration, unless it is necessary for the safety of the [inmate] incarcerated person, staff, other [inmates] incarcerated persons, or the public. An [inmate] incarcerated person in a county correctional facility shall not be directly released from isolated confinement to the community during the final 30 days of the [inmate's] incarcerated person's term of incarceration, unless it is necessary for the safety of the [inmate] incarcerated person, staff, other [inmates] incarcerated persons, or the public.
(15) An [inmate] incarcerated person shall not be held in isolated confinement based on the [inmate's] incarcerated person's race, creed, color, national origin, nationality, ancestry, age, marital status, domestic partnership or civil union status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding status, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait.
b. Except as otherwise provided in subsection d. of this section, an [inmate] incarcerated person who is a member of a vulnerable population shall not be placed in isolated confinement.
c. An [inmate] incarcerated person shall not be placed in isolated confinement or in any other cell or other holding or living space, in any facility, with one or more [inmates] incarcerated persons if there is reasonable cause to believe that there is a risk of harm or harassment, intimidation, extortion, or other physical or emotional abuse to that [inmate] incarcerated person or another [inmate] incarcerated person in that placement.
d. Isolated confinement shall be permitted under limited circumstances as follows:
(1) The facility administrator or designated shift commander determines that a facility-wide lock down is required to ensure the safety of [inmates] incarcerated persons in the facility until the administrator or shift commander determines that these circumstances no longer exist. The facility administrator or shift commander shall document specific reasons why any lockdown is necessary for more than 24 hours, and why less restrictive interventions are insufficient to accomplish the facility's safety goals. Within 15 days the commissioner shall publish the reasons on the Department of Corrections website and provide meaningful notice of the reasons for the lockdown to the Legislature.
(2) The facility administrator determines that an [inmate] incarcerated person should be placed in emergency confinement, provided that:
(a) an [inmate] incarcerated person shall not be held in emergency confinement for more than 24 hours; and
(b) an [inmate] incarcerated person held in emergency confinement in a State correctional facility shall receive an initial medical and mental health evaluation immediately prior to placement in emergency confinement and a personal and comprehensive medical and mental health evaluation within 24 hours. The examination shall be conducted by a member of the medical staff within 12 hours of confinement and the comprehensive medical and mental health evaluation within 72 hours. Reports of these evaluations shall be immediately provided to the facility administrator.
(3) A clinician, based on a personal examination, determines that an [inmate] incarcerated person should be placed or retained in medical isolation.
The decision to place and retain an [inmate] incarcerated person in medical isolation due to a mental health emergency shall be made by a clinician based on a personal examination. In any case of isolation under this paragraph, a clinical review shall be conducted at least every eight hours and as clinically indicated. An [inmate] incarcerated person in medical isolation pursuant to this paragraph may be placed in a mental health unit as designated by the commissioner. In the case of a county correctional facility, a decision to place an [inmate] incarcerated person in medical isolation shall be made by a member of the medical staff and be based on a personal examination; clinical reviews shall be conducted within 72 hours and then as clinically indicated.
(4) The facility administrator determines that an [inmate] incarcerated person should be placed in protective custody as follows:
(a) The facility shall keep a written record of a request by an [inmate] incarcerated person to be placed in voluntary protective custody. The [inmate] incarcerated person may be placed in voluntary protective custody only with informed, voluntary consent and when there is reasonable cause to believe that confinement is necessary to prevent reasonably foreseeable harm. When an [inmate] incarcerated person makes an informed voluntary request for protective custody, the correctional facility shall bear the burden of establishing a basis for refusing the request.
(b) The [inmate] incarcerated person may be placed in involuntary protective custody only when there is clear and convincing evidence that confinement is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would not be sufficient to prevent the harm.
(c) An [inmate] incarcerated person placed in protective custody shall receive similar opportunities for activities, movement, and social interaction, consistent with their safety and the safety of others, as are [inmates] incarcerated persons in the general population of the facility.
(d) An [inmate] incarcerated person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal.
(e) An [inmate] incarcerated person who may be placed or currently is in voluntary protective custody may opt out of that status by providing informed, voluntary, written refusal of that status.
(f) The facility administrator shall place an [inmate] incarcerated person in a less restrictive intervention, including transfer to the general population of another institution or to a special-purpose housing unit for [inmates] incarcerated persons who face similar threats, before placing the [inmate] incarcerated person in isolated confinement for protection unless the [inmate] incarcerated person poses a security risk so great that transferring the [inmate] incarcerated person would be insufficient to ensure the [inmate's] incarcerated person's safety.
(cf: P.L.2019, c.160, s.4)
36. Section 7 of P.L.2019, c.160 (C.30:4-82.11) is amended to read as follows:
7. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall promulgate regulations to effectuate the provisions of this act. The regulations shall include but not be limited to:
a. establishing less restrictive interventions to isolated confinement, including separation from other [inmates] incarcerated persons; transfer to other correctional facilities; and any non-isolated confinement sanction authorized by Department of Corrections regulations; restrictions on religious, mail, and telephone privileges, visit contacts, or outdoor and recreation access shall only be imposed as is necessary for the safety of the [inmate] incarcerated person or others, but shall not restrict access to food, basic necessities, or legal access;
b. requiring training of disciplinary staff and all staff working with [inmates] incarcerated persons in isolated confinement and requiring that this training include:
(1) assistance from appropriate professionals to periodically train all staff working with [inmates] incarcerated persons in isolated confinement;
(2) standards for isolated confinement, including that it shall be limited to when an [inmate] incarcerated person commits an offense involving violence, escapes or attempts to escape, or poses a threat to institutional safety; that the maximum penalties for each offense shall be based on the seriousness of the offense; and available less restrictive interventions; and
(3) the identification of developmental disabilities, and the symptoms of mental illness, including trauma disorders, and methods of safe responses to people in distress;
c. requiring documentation of all decisions, procedures, and reviews of [inmates] incarcerated persons placed in isolated confinement;
d. requiring monitoring of compliance with all rules governing cells, units, and other places where [inmates] incarcerated persons are placed in isolated confinement;
e. requiring posting on the official website of the Department of Corrections of quarterly reports on the use of isolated confinement, without revealing any personal identifying information, by age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status, at each facility, including a county correctional facility; these reports shall include the population on the last day of each quarter and a non-duplicative cumulative count of people exposed to isolated confinement for each fiscal year. These [inmate] incarcerated person reports also shall include the incidence of emergency confinement, self-harm, suicide, and assault in any isolated confinement unit. These reports shall not include personally identifiable information regarding any [inmate] incarcerated person; and
f. modifying the New Jersey Administrative Code for consistency with the provisions of this act and to require appropriate alternative placements for vulnerable populations in county correctional facilities.
(cf: P.L.2019, c.160, s.7)
37. R.S.30:4-85 is amended to read as follows:
30:4-85. Transfers between correctional institutions; transfer to State prison; authority of commissioner; contracts with county institutions.
Any [inmate of] incarcerated person in any correctional institution as classified in section 30:1-7 of this Title may be transferred to any other such correctional institution by order of the commissioner directing such transfer, either upon the application of the chief executive officer or upon the initiative of the commissioner.
No inmate of the State Home for Boys or the State Home for Girls shall be transferred to the State Prison.
Any [inmate] incarcerated person of the State Home for Boys of the age of 15 years may be transferred from such home to the reformatory at Annandale or, if over the age of 16 years, to the reformatory at Bordentown, and any inmate of the State Home for Girls, over the age of 16 years, may be transferred from such home to the women's reformatory at Clinton.
Any [inmate of] incarcerated person in a correctional institution for males, as classified in section 30:1-7 of this Title, of the age of 18 years, may be transferred to the State Prison if it shall appear, to the satisfaction of the commissioner after recommendation by a special classification review board appointed by the State board from among members of the department central office staff, that such [inmate] incarcerated person cannot properly be confined in such institution and that his transfer will operate for the general benefit and welfare of the [inmate] incarcerated person population of the institution from which he is to be transferred.
The commissioner may also contract, under the direction of the State board and in behalf of any institution where an [inmate] incarcerated person to be transferred may be, with the various governing bodies of counties in this State for the amount to be paid for maintenance of [inmates of] incarcerated persons in correctional institutions to be maintained in such county institutions, after transfer thereto by order of the commissioner, for such amounts as may be approved by the State House Commission, and such payments shall be taken from and paid out of the appropriation made annually for the maintenance of such person or persons in the State institution from whence he is or shall be transferred, and the commissioner shall have power to make such transfer in such cases as in the case of other transfers provided for in this section. Such transfers shall be made in accordance with the formally adopted rules of the State board.
Persons transferred shall be subject to rules, regulations and discipline of the institution in which they are confined, except in so far as they conflict with the rules and regulations of the State board.
(cf: P.L.1957, c.93, p.180, s.1)
38. Section 1 of P.L.1948, c.204 (C.30:4-85.1) is amended to read as follows:
1. Any [inmate of] incarcerated person in any county jail, workhouse or penitentiary may be transferred to any appropriate existing correctional institution maintained by the State or which may hereafter be established or designated by the State board for the purposes herein provided. Such transfer shall be made on forms to be prescribed by the department, upon the request of the chief executive officer, warden or keeper of any county correctional institution or upon the initiative of the commissioner in accordance with the formally adopted rules and regulations of the State board, after recommendation by a special classification review board appointed by the State board from among members of the department's central staff that such transfer should be made. No such transfer shall be made to the State Prison nor shall any such transfer operate as authority for the detention of any person for a term in excess of that fixed by the original sentence or order of commitment.
By the same method, any [inmate] incarcerated person of a correctional institution maintained by the State, on the initiative of the commissioner, may be transferred, with the consent of the board of chosen freeholders, to an appropriate correctional institution in any one of the several counties.
In the event it is determined by the Commissioner of Corrections that a county jail, workhouse or penitentiary is not suitable or adequate to properly secure any [inmate] incarcerated person under sentence or charged with any criminal offense, he may transfer the [inmate] incarcerated person to any existing correctional institution maintained by the State, including the State Prison. The Commissioner of Corrections shall be empowered to determine a specific State correctional institution, including the State Prison, for the proper and secure incarceration of the [inmate] incarcerated person.
Any person so transferred may be retransferred to his place of original confinement or may be transferred to any existing jail, workhouse or penitentiary located in any one of the several counties. The cost of such transfer and the expense of maintaining the [inmate] incarcerated person in any State institution or an institution located in a county other than the county from which the [inmate] incarcerated person was originally committed and confined shall be borne by the State.
(cf: P.L. 1985, c.165, s.1)
39. Section 2 of P.L.2003, c.282 (C.30:4-91.3d) is amended to read as follows:
2. a. A wanted person check shall be conducted on every person serving a sentence or detained as a suspect in a State correctional facility, county correctional facility or municipal jail to determine if there are any outstanding arrest warrants or charges pending against the [inmate] incarcerated person or suspect.
b. Except for a transfer from one State correctional facility to another State correctional facility, a person serving a sentence or detained as a suspect in a State correctional facility, county correctional facility or municipal jail shall not be released or transferred before a wanted person check of the [inmate] incarcerated person or suspect has been conducted to determine if any there are any outstanding arrest warrants or charges pending against the [inmate] incarcerated person or suspect.
c. If the wanted person check of a person conducted pursuant to subsection b. of this section reveals outstanding arrest warrants or criminal charges against the [inmate] incarcerated person or suspect, the law enforcement authority with jurisdiction over the outstanding arrest warrant or criminal charges shall be notified that the [inmate] incarcerated person or suspect is in the custody of the State correctional facility, county correctional facility or municipal jail.
d. If the wanted person check of a person conducted pursuant to subsection b. of this section reveals outstanding arrest warrants or charges pending against the [inmate] incarcerated person or suspect, the [inmate] incarcerated person or suspect shall not be transferred to another facility or jail, other than a transfer from one State correctional facility to another State correctional facility, unless the receiving facility or jail is notified in advance of the outstanding arrest warrants or pending charges. A copy of the outstanding arrest warrants or pending charges shall accompany the transferred [inmate] incarcerated person or suspect.
e. If the wanted person check of a person conducted pursuant to subsection b. of this section reveals outstanding arrest warrants or charges pending against the [inmate] incarcerated person or suspect from another jurisdiction, the jurisdiction shall be notified that the [inmate] incarcerated person or suspect is in the custody of the State correctional facility, county correctional facility or municipal jail.
(cf: P.L.2003, c.282, s.2)
40. Section 1 of P.L.2015, c.2013 (C.30:4-91.3e) is amended to read as follows:
1. a. As used in this act, "body imaging scanning equipment" means equipment that utilizes a low dose conventional x-ray transmission to produce an anatomical image of the [inmate] incarcerated person capable of identifying external and internal contraband.
b. A State or county correctional facility may utilize body imaging scanning equipment for the purpose of searching arrestees, detainees, and [inmates] incarcerated persons. The use of body imaging scanning equipment pursuant to this section shall be limited to searches conducted:
(1) when an [inmate] incarcerated person enters or leaves the correctional facility;
(2) any time before or after an [inmate] incarcerated person is placed in close custody, prehearing detention, disciplinary detention, protective custody, psychological observation, or suicide watch;
(3) any time before or after an [inmate] incarcerated person has a contact visit in which the [inmate] incarcerated person and a visitor are permitted physical contact with each other;
(4) after an [inmate] incarcerated person has been in any area where the [inmate] incarcerated person has had access to dangerous or valuable items;
(5) during a mass search of an [inmate] incarcerated person housing unit or [inmate] incarcerated person work area;
(6) when a custody staff member with a rank of sergeant or above determines that there exists a reasonable suspicion that an [inmate] incarcerated person is carrying or concealing contraband on [the inmate's] his or her person, or in [the inmate's] his or her anal or vaginal cavity; or
(7) when a custody staff member with a rank of sergeant or above determines that the search is reasonably necessary for safety and security.
c. Notwithstanding the provisions of any other law to the contrary, the body imaging scanning equipment may be operated by an employee of the State or county correctional facility or other law enforcement officer. Prior to operating body imaging scanning equipment, an employee or officer shall successfully complete a training course approved by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.) and meet any other qualifications, including education and training, as determined by the Commissioner of Corrections.
d. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt regulations, as appropriate, to effectuate the purposes of this act.
(cf: P.L.2015, c.213, s.1)
41. Section 1 of P.L.1999, c.243, s.1 (C.30:4-91.9) is amended to read as follows:
1. As used in this act:
"Eligible [inmate"] incarcerated person" means an [inmate] incarcerated person who (1) was not convicted of a sexual offense as defined in this section or an arson offense, (2) does not demonstrate an undue risk to public safety and (3) has less than one year remaining to be served before the [inmate's] incarcerated person's parole eligibility date, provided, however, that an eligible [inmate] incarcerated person may include an [inmate] incarcerated person who is otherwise eligible but who has more than one year but less than 18 months remaining to be served before the [inmate's] incarcerated person's parole eligibility date and is determined by the Commissioner of Corrections or a designee to be appropriate to be authorized for confinement in a private facility; and further provided, however, that an eligible [inmate] incarcerated person may include an [inmate] incarcerated person who is otherwise eligible but who has more than one year but less than two years remaining to be served before the [inmate's] incarcerated person's parole eligibility date and is determined by the Commissioner of Corrections or a designee to be appropriate to be authorized for confinement in a private facility for participation in a substance use disorder treatment program.
"Private facility" means a residential center, operated by a private nonprofit entity, contracted by the Department of Corrections to provide for the care, custody, subsistence, treatment, education, training or welfare of [inmates] incarcerated persons sentenced to the custody of the Commissioner of Corrections.
"Sexual offense" means a violation of 2C:14-2, 2C:14-3 or 2C:24-4, or of any other substantially equivalent provision contained in Title 2A of the New Jersey Statutes now repealed, conspiracy to commit any of these offenses or an attempt to commit any of these offenses.
(cf: P.L. 2023, c.177, s.94.)
42. Section 11 of P.L.2009, c.330 (C. 30:4-91.21) is amended to read as follows:
11. If the Commissioner of Corrections and Commissioner of Labor and Workforce Development determine that an [inmate] incarcerated person vocational training program is not attuned to actual post-release employment opportunities or does not reflect current industry and business workforce needs, or that an [inmate] incarcerated person vocational training program does not meet the same current curricula standards of programs at private and public vocational training institutions or earn [inmates] incarcerated persons who successfully complete an [inmate] incarcerated person vocational training program comparable certifications or certificates of achievement to those issued by private and public vocational training institutions, the commissioners, in concert, shall:
a. Revise the affected [inmate] incarcerated person vocational training program to reflect post-release employment opportunities, adjust to changes in industry and business workforce needs, or award [inmates] incarcerated persons who successfully complete the program comparable certifications or certificates of achievement; or
b. Terminate the affected [inmate] incarcerated person vocational training program and direct the [inmates] incarcerated persons participating in that program to alternative [inmate] incarcerated person vocational training programs.
(cf: P.L.2009, c.330, s.11)
43. Section 2 of P.L.2009, c.330 (C.30:4-92.2) is amended to read as follows:
2. a. The Commissioner of Corrections, in consultation with the Commissioner of Education, shall establish a program of mandatory education in each State correctional facility under the jurisdiction of the Department of Corrections for each [inmate] incarcerated person who fails to attain a minimal educational standard.
b. The minimal educational standard set forth in subsection a. of this section shall be the attainment of a high school equivalency certificate or high school diploma.
c. Consistent with the phase-in schedule adopted by the commissioner pursuant to subsection h. of this section, the requirement of attaining a minimal educational standard shall apply to an [inmate] incarcerated person who:
(1) is in the custody of the Department of Corrections on and after the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.);
(2) has 18 months or more remaining to be served before a mandatory release date;
(3) is not exempted due to a medical, developmental, or learning disability; and
(4) does not possess a high school equivalency certificate or high school diploma.
d. The mandatory education requirement may be deferred for an [inmate] incarcerated person who is serving a sentence exceeding 10 years.
e. An [inmate] incarcerated person who satisfactorily participates in the mandatory education program shall be eligible for commutation time for good behavior pursuant to R.S.30:4-140 or credits for diligent application to work and other institutional assignments pursuant to R.S.30:4-92.
f. The commissioner shall report to the State Parole Board the academic progress of an [inmate] incarcerated person participating in the mandatory education program.
g. The commissioner may utilize digital technology and on-line education methods to meet the mandatory education requirement established by this section provided these alternate methods are documented to be as effective with [inmate] incarcerated person populations as live instruction.
h. The commissioner shall establish a schedule for the incremental implementation of the minimal educational standard required by this section. As hereinafter provided, the schedule shall consist of five foundation stages and shall provide for the full implementation of the minimal educational standard within five years of the effective date of this act.
(1) Stage One: The Prisoner Reentry Commission, established pursuant to section 10 of P.L.2009, c.329 (C.30:4-6.2), shall prepare a report outlining and assessing the availability of innovative technology, volunteer services and private sector resources the Department of Corrections may utilize to support and enhance in-prison education programs. In preparing this report, the commission, in consultation with the Department of Corrections and the Department of Education, shall prepare an inventory of the in-house educational programs currently available to [inmates] incarcerated persons, the curricula for those programs, and the educational materials utilized. The report shall be submitted to the Commissioner of Corrections and the Commissioner of Education, along with any recommendations the commission may have, not later than the first day of the 12th month following the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.).
(2) Stage Two: Beginning in the 13th month following the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.), the commissioner shall initiate a program designed to raise the literacy level of [inmates] incarcerated persons scheduled for release within three years to a ninth grade level. The program shall utilize, to the greatest extent feasible, available technology, volunteer services and private sector resources.
(3) Stage Three: Beginning in the 25th month following the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.), the commissioner shall initiate a program designed to raise the literacy level of [inmates] incarcerated persons scheduled to be released within 10 years to a ninth grade level. The program shall utilize, to the greatest extent feasible, available technology, volunteer services and private sector resources.
(4) Stage Four: Beginning in the 48th month following the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.), the commissioner shall initiate a program designed to raise the literacy level of [inmates] incarcerated persons scheduled to be released within 10 years to a 12th grade level. The program shall utilize, to the greatest extent feasible, available technology, volunteer services and private sector resources.
(5) Stage Five: Beginning in the 60th month following the effective date of P.L.2009, c.330 (C.30:4-92.1 et al.), the commissioner shall initiate a program designed to raise the literacy level of all [inmates] incarcerated persons to a 12th grade level. The program shall utilize, to the greatest extent feasible, available technology, volunteer services and private sector resources.
i. The commissioner, in consultation with the Commissioner of Education, shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the rules and regulations that are necessary to implement the provisions of P.L.2009, c.330 (C.30:4-92.1 et al.). These rules and regulations shall include, but not be limited to, provisions to:
(1) determine when an [inmate] incarcerated person shall be exempted from the mandatory education program due to a medical, developmental, or learning disability as authorized under paragraph (3) of subsection c. of this section;
(2) authorize these exempted [inmates] incarcerated persons to voluntarily participate in the mandatory education program; and
(3) offer and encourage these exempted [inmates] incarcerated persons who possess the capability to participate in an alternate educational program.
(cf: P.L.2009, c.330, s.2)
44. R.S.30:4-98 is amended to read as follows:
30:4-98. Powers of state board.
The State Board shall have power to:
a. Assign to each institution the industries, occupations, vocations and labor to be operated or performed by the [inmates] incarcerated persons thereof, but no new industry shall be established in any institution nor shall any existing industry be enlarged materially except by consent of the State House Commission;
b. Establish for each institution and for each industry, occupation and vocation, hours and days of labor, determine the rate of compensation to be paid therein and pay or cause the same to be paid to the worker or his dependents, or apportion the pay between the worker and his dependents;
c. Procure and install in each institution the machinery and equipment and furnish the tools, supplies, raw materials, seeds, fertilizers and articles necessary for the operation of the assigned industries and the performance of the assigned occupations and vocations with relation to the determined standards of quality and quantity;
d. Establish standards of machinery, equipment, tools, supplies, raw materials; adopt in conjunction with the Division of Purchase and Property in the State Department of Taxation and Finance, styles, patterns, designs and qualities of finished products; determine the cost of production and fix the selling price thereof;
e. Establish a uniform system of accounting and cost of production for materials and labor including maintenance and wage payments;
f. Prepare and issue a catalogue containing a description and price list of all articles manufactured or produced by all the institutions within its jurisdiction;
g. Assign any number of the [inmates of] incarcerated persons in any institution to the performance of labor outside the usual limits of the institution [of] in which they are [inmates] incarcerated persons, of whatever character and wherever, within the boundaries of this State, may be determined by the State Board; provided, such labor shall only be employed in enterprises of a public nature or connected with the public welfare or in such work in such places as may be necessary to meet any emergency arising from scarcity of labor on farms. Such labor shall be performed under the direct supervision of an officer or officers authorized by the commissioner;
h. Pay from the working capital account or any other funds at its disposal, for the transportation of such laborers to and from the place of detention to the place of assigned labor, and for the proper clothing, maintenance, guarding and medical attention of the assigned laborers;
i. Determine the amount to be charged for the labor of such [inmates] incarcerated persons as may be assigned to any work for any other department or branch of the State Government not included within the jurisdiction of this department, and contract and agree with the chief executive officer thereof as to the performance of the work, the rate to be paid therefor, the number of [inmates] incarcerated persons to be assigned and such other details as may be necessary and proper;
j. Determine and apportion between the institution furnishing the labor and the institution receiving the benefit thereof the cost of such labor and expenses incident thereto, when such labor is assigned from one institution to another within the jurisdiction of the department;
k. Detail keepers, guards or attendants from the employees of any institution as guards for the [inmates] incarcerated persons thereof when out of the institution on assigned labor or to hire additional keepers or guards as may be necessary, paying therefor from the working capital account of such institution and including the cost thereof in the calculated cost of such labor;
l. Perform as an independent contractor, with the labor of the [inmates of] incarcerated persons in the institutions within its jurisdiction, any public work, either upon the lands of the State or elsewhere; and
m. Employ the [inmates of] incarcerated persons in any or all of the institutions within its jurisdiction upon any work for the United States Government or any department thereof, upon such terms as the State Board may determine.
(cf: P.L.1948, c.398, s.1)
45. Section 1 of P.L.1979, c.441 (C.30:4-123.45) is amended to read as follows:
1. a. This act shall be known and may be cited as the "Parole Act of 1979."
b. In this act, unless a different meaning is plainly required:
(1) "Adult [inmate"] incarcerated person" means any person sentenced as an adult to a term of incarceration.
(2) "Juvenile [inmate"] incarcerated person" means any person under commitment as a juvenile delinquent pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44).
(3) "Parole release date" means that date certified by a member of the board for release of an [inmate] incarcerated person after a review of the [inmate's] incarcerated person's case pursuant to section 11, 13 or 14 of this act.
(4) "Primary parole eligibility date" means that date established for parole eligibility for adult [inmates] incarcerated persons pursuant to section 7 or 20 of this act.
(5) "Public notice" shall consist of lists including names of all [inmates] incarcerated persons being considered for parole, the county from which the [inmates] incarcerated persons were committed and the crimes for which the [inmates] incarcerated persons were incarcerated. At least 30 days prior to parole consideration the lists shall be forwarded to the office of the public defender of each county or the private attorney of record for the [inmates] incarcerated persons, the prosecutor's office of each county, the sentencing court, the office of the Attorney General, any other criminal justice agencies whose information and comment may be relevant, and news organizations.
(6) Removal for "cause" means substantial cause that is plainly sufficient under the law and sound public policy touching upon qualifications appropriate to a member of the parole board or the administration of the board such that the public interest precludes the member's continuance in office. Cause includes, but is not limited to, misconduct in office, incapacity, inefficiency, nonfeasance, and violations of the Parole Board's Code of Ethics.
(7) "Commission" means the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).
(8) "Parole officer" means, with respect to an adult [inmate] incarcerated person, an officer assigned by the Chairman of the State Parole Board or the chairman's designee and, with respect to a juvenile [inmate] incarcerated person, a person assigned by the commission.
(cf: P.L.2019, c.364, s.7)
46. Section 7 of P.L.1979, c.441 (C.30:4-123.51) is amended to read as follows:
7. a. Each adult [inmate] incarcerated person sentenced to a term of incarceration in a county penal institution, or to a specific term of years at the State Prison or the correctional institution for women shall become primarily eligible for parole after having served any judicial or statutory mandatory minimum term, or one-third of the sentence imposed where no mandatory minimum term has been imposed less commutation time for good behavior pursuant to N.J.S.2A:164-24 or R.S.30:4-140 and credits for diligent application to work and other institutional assignments pursuant to P.L.1972, c.115 (C.30:8-28.1 et seq.) or R.S.30:4-92. Consistent with the provisions of the New Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6, 2C:43-6, 2C:43-7), commutation and work credits shall not in any way reduce any judicial or statutory mandatory minimum term and such credits accrued shall only be awarded subsequent to the expiration of the term.
b. Each adult [inmate] incarcerated person sentenced to a term of life imprisonment shall become primarily eligible for parole after having served any judicial or statutory mandatory minimum term, or 25 years where no mandatory minimum term has been imposed less commutation time for good behavior and credits for diligent application to work and other institutional assignments. If an [inmate] incarcerated person sentenced to a specific term or terms of years is eligible for parole on a date later than the date upon which he would be eligible if a life sentence had been imposed, then in such case the [inmate] incarcerated person shall be eligible for parole after having served 25 years, less commutation time for good behavior and credits for diligent application to work and other institutional assignments. Consistent with the provisions of the New Jersey Code of Criminal Justice (N.J.S.2C:11-3, 2C:14-6, 2C:43-6, 2C:43-7), commutation and work credits shall not in any way reduce any judicial or statutory mandatory minimum term and such credits accrued shall only be awarded subsequent to the expiration of the term.
c. Each adult [inmate] incarcerated person sentenced to a specific term of years pursuant to the "Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et al.) shall become primarily eligible for parole after having served one-third of the sentence imposed less commutation time for good behavior and credits for diligent application to work and other institutional assignments.
d. Each adult [inmate] incarcerated person sentenced to an indeterminate term of years as a young adult offender pursuant to N.J.S.2C:43-5 shall become primarily eligible for parole consideration pursuant to a schedule of primary eligibility dates developed by the board, less adjustment for program participation. In no case shall the board schedule require that the primary parole eligibility date for a young adult offender be greater than the primary parole eligibility date required pursuant to this section for the presumptive term for the crime authorized pursuant to subsection f. of N.J.S.2C:44-1.
e. Each adult [inmate] incarcerated person sentenced for an offense specified in N.J.S.2C:47-1 shall become primarily eligible for parole as follows:
(1) If the court finds that the offender's conduct was not characterized by a pattern of repetitive, compulsive behavior or finds that the offender is not amenable to sex offender treatment, or if after sentencing the Department of Corrections in its most recent examination determines that the offender is not amenable to sex offender treatment, the offender shall become primarily eligible for parole after having served any judicial or statutory mandatory minimum term or one-third of the sentence imposed where no mandatory minimum term has been imposed. Neither such term shall be reduced by commutation time for good behavior pursuant to R.S.30:4-140 or credits for diligent application to work and other institutional assignments pursuant to R.S.30:4-92.
(2) Young adult offenders shall be eligible for parole pursuant to the provisions of N.J.S.2C:47-5, except no offender shall become primarily eligible for parole prior to the expiration of any judicial or statutory mandatory minimum term.
f. (Deleted by amendment, P.L.2019, c.363)
g. Each adult [inmate of] incarcerated person in a county jail, workhouse, or penitentiary shall become primarily eligible for parole upon service of 60 days of his aggregate sentence or as provided for in subsection a. of this section, whichever is greater. Whenever any such [inmate's] incarcerated person's parole eligibility is within six months of the date of such sentence, the judge shall state such eligibility on the record which shall satisfy all public and [inmate] incarcerated person notice requirements. The chief executive officer of the institution in which county [inmates] incarcerated persons are held shall generate all reports pursuant to subsection d. of section 10 of P.L.1979, c.441 (C.30:4-123.54). The parole board shall have the authority to promulgate time periods applicable to the parole processing of [inmates of] incarcerated persons in county penal institutions, except that no [inmate] incarcerated person may be released prior to the primary eligibility date established by this subsection, unless consented to by the sentencing judge. No [inmate] incarcerated person sentenced to a specific term of years at the State Prison or the correctional institution for women shall become primarily eligible for parole until service of a full nine months of his aggregate sentence.
h. When an [inmate] incarcerated person is sentenced to more than one term of imprisonment, the primary parole eligibility terms calculated pursuant to this section shall be aggregated by the board for the purpose of determining the primary parole eligibility date. The board shall promulgate rules and regulations to govern aggregation under this subsection.
i. The primary eligibility date shall be computed by a designated representative of the board and made known to the [inmate] incarcerated person in writing not later than 90 days following the commencement of the sentence. In the case of an [inmate] incarcerated person sentenced to a county penal institution such notice shall be made pursuant to subsection g. of this section. Each [inmate] incarcerated person shall be given the opportunity to acknowledge in writing the receipt of such computation. Failure or refusal by the [inmate] incarcerated person to acknowledge the receipt of such computation shall be recorded by the board but shall not constitute a violation of this subsection.
j. Except as provided in this subsection, each [inmate] incarcerated person sentenced pursuant to N.J.S.2A:113-4 for a term of life imprisonment, N.J.S.2A:164-17 for a fixed minimum and maximum term or subsection b. of N.J.S.2C:1-1 shall not be primarily eligible for parole on a date computed pursuant to this section, but shall be primarily eligible on a date computed pursuant to P.L.1948, c.84 (C.30:4-123.1 et seq.), which is continued in effect for this purpose. [Inmates] Incarcerated persons classified as second, third or fourth offenders pursuant to section 12 of P.L.1948, c.84 (C.30:4-123.12) shall become primarily eligible for parole after serving one-third, one-half, or two-thirds of the maximum sentence imposed, respectively, less in each instance commutation time for good behavior and credits for diligent application to work and other institutional assignments; provided, however, that if the prosecuting attorney or the sentencing court advises the board that the punitive aspects of the sentence imposed on such [inmates] incarcerated persons will not have been fulfilled by the time of parole eligibility calculated pursuant to this subsection, then the [inmate] incarcerated person shall not become primarily eligible for parole until serving an additional period which shall be one-half of the difference between the primary parole eligibility date calculated pursuant to this subsection and the parole eligibility date calculated pursuant to section 12 of P.L.1948, c.84 (C.30:4-123.12). If the prosecuting attorney or the sentencing court advises the board that the punitive aspects of the sentence have not been fulfilled, such advice need not be supported by reasons and will be deemed conclusive and final. Any such decision shall not be subject to judicial review except to the extent mandated by the New Jersey and United States Constitutions. The board shall, reasonably prior to considering any such case, advise the prosecuting attorney and the sentencing court of all information relevant to such [inmate's] incarcerated person's parole eligibility.
k. Notwithstanding any provisions of this section to the contrary, a person sentenced to imprisonment pursuant to paragraph (2), (3), or (4) of subsection b. of N.J.S.2C:11-3 shall not be eligible for parole.
l. Notwithstanding the provisions of subsections a. through j. of this section, the appropriate board panel, as provided in section 1 of P.L.1997, c.214 (C.30:4-123.51c), may release an [inmate] incarcerated person serving a sentence of imprisonment on medical parole at any time.
(cf: P.L.2019, c.363, s.10)
47. Section 1 of P.L.2020, c.106 (C.30:4-123.51e) is amended to read as follows:
1. a. Notwithstanding any provision of P.L.1979, c.441 (C.30:4-123.45 et seq.) to the contrary, the court may release an [inmate] incarcerated person who qualifies under this section for compassionate release at any time during the term of incarceration. An [inmate] incarcerated person granted compassionate release pursuant to this section shall be subject to custody, supervision, and conditions as provided in section 15 of P.L.1979, c.441 (C.30:4-123.59) and shall be subject to sanctions for a violation of a condition of compassionate release as if on parole as provided in sections 16 through 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.65).
b. The Commissioner of Corrections shall establish and maintain a process by which an [inmate] incarcerated person may obtain a medical diagnosis to determine whether the [inmate] incarcerated person is eligible for compassionate release. The medical diagnosis shall be made by two licensed physicians designated by the commissioner. The diagnosis shall include, but not be limited to:
(1) a description of the terminal condition, disease or syndrome, or permanent physical incapacity;
(2) a prognosis concerning the likelihood of recovery from the terminal condition, disease or syndrome, or permanent physical incapacity;
(3) a description of the [inmate's] incarcerated person's physical incapacity, if appropriate; and
(4) a description of the type of ongoing treatment that would be required if the [inmate] incarcerated person is granted compassionate release.
c. A medical diagnosis to determine whether an [inmate] incarcerated person is eligible for compassionate release under this section may be initiated by the administrator, superintendent, or a staff member of a correctional facility or, upon request, submitted to the Commissioner of Corrections by the [inmate] incarcerated person, a member of the [inmate's] incarcerated person's family, or the [inmate's] incarcerated person's attorney. The request shall be submitted in a manner and form prescribed by the Commissioner of Corrections.
d. (1) In the event that a medical diagnosis determines that an [inmate] incarcerated person is suffering from a grave medical condition as defined in subsection l. of this section, the Department of Corrections shall promptly notify the [inmate's] incarcerated person's attorney or, if the [inmate] incarcerated person does not have an attorney, the Public Defender, to initiate the process of petitioning for compassionate release. The petition shall not be filed until a subsequent medical diagnosis determines that the [inmate] incarcerated person is suffering from a terminal condition, disease or syndrome, or a permanent physical incapacity as defined in subsection l. of this section and the Department of Corrections issues to the [inmate] incarcerated person a Certificate of Eligibility for Compassionate Release.
(2) In the event that a medical diagnosis determines that an [inmate] incarcerated person is suffering from a terminal condition, disease or syndrome, or permanent physical incapacity as defined in subsection l. of this section, the Department of Corrections shall promptly issue to the [inmate] incarcerated person a Certificate of Eligibility for Compassionate Release and provide a copy of the certificate to the [inmate's] incarcerate person's attorney or, if the [inmate] incarcerated person does not have an attorney, the Public Defender. An [inmate] incarcerated person who receives a Certificate of Eligibility for Compassionate Release may petition the court for compassionate release.
(3) In the event of a medical diagnosis that an [inmate] incarcerated person is suffering from a grave medical condition or upon issuance of a Certificate of Eligibility for Compassionate Release, an [inmate] incarcerated person may request representation from the Office of the Public Defender for the purpose of filing a petition for compassionate release.
e. A petition for compassionate release shall be filed with the Superior Court.
(1) The petitioner shall serve a copy of the petition in accordance with the Rules of Court on the county prosecutor who prosecuted the matter or, if the matter was prosecuted by the Attorney General, the Attorney General.
(2) The county prosecutor or the Attorney General, as the case may be, shall provide notice of the petition to any victim or member of the family of a victim entitled to notice relating to a parole or the consideration of a parole under the provisions of P.L.1979, c.441 (C.30:4-123.45 et seq.), and shall notify the victim or family member of the opportunity to present a statement at the hearing on the petition or to testify to the court concerning any harm suffered by the victim or family member at the time of the hearing.
(3) Upon receipt of notice of the petition, the victim or member of the family of the victim, as the case may be, may submit any comments to the court within 15 days following receipt of notice of the petition, including but not limited to advising the court of an intent to testify at the hearing.
(4) The information contained in the petition and the contents of any comments submitted by a recipient in response thereto shall be confidential and shall not be disclosed to any person who is not authorized to receive or review the information or comments.
(5) If a recipient of a notice of the petition does not submit comments or advise the court of an intent to testify at the hearing within the 15-day period following receipt of the notice of the petition, the court may presume that the recipient does not wish to submit comments and proceed with its consideration of the petition.
(6) The prosecutor shall have 15 days to respond to the petition, which period may be extended to 30 days for good cause shown.
(7) If the court receives from the prosecutor a response objecting to the petition or is notified that a victim or a family member intends to testify to the court at the hearing, the court shall hold a hearing on the petition on an expedited basis in accordance with the Rules of Court and procedures established by the Administrative Director of the Courts. If the court does not, within the time frames established under this subsection, receive a response from the prosecutor objecting to the petition and is not notified of an intent for a victim or family member to testify, the court may make a determination on the petition without holding a hearing. Notice given under the provisions of this subsection shall be in lieu of any other notice of parole consideration required under P.L.1979, c.441 (C.30:4-123.45 et seq.).
Nothing in this subsection shall be construed to impair the right of any party to be heard pursuant to P.L.1979, c.441 (C.30:4-123.45 et seq.).
f. (1) Notwithstanding the provisions of subsection a. of section 9 of P.L.1979, c.441 (C.30:4-123.53), the court may order the compassionate release of an [inmate] incarcerated person who has been issued a Certificate of Eligibility for Compassionate Release pursuant to paragraph (2) of subsection d. of this section if the court finds by clear and convincing evidence that the [inmate] incarcerated person is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in the case of a permanent physical incapacity, the conditions established in accordance with subsection h. of this section under which the [inmate] incarcerated person would be released would not pose a threat to public safety.
(2) No petition for compassionate release may be submitted to the court unless it is accompanied by a Certificate of Eligibility for Compassionate Release pursuant to paragraph (2) of subsection d. of this section. The court may summarily dismiss a petition for compassionate release if the petition is submitted without a Certificate of Eligibility for Compassionate Release.
(3) The court shall provide to the [inmate] incarcerated person and the county prosecutor or Attorney General, as the case may be, written notice of its decision setting forth the reasons for granting or denying compassionate release, and the county prosecutor or Attorney General, as the case may be, shall notify any victim or member of a victim's family who received notification pursuant to paragraph (2) of subsection e. of this section of the outcome of the court's decision.
g. An order by the court granting a petition for compassionate release shall not become final for 10 days in order to permit the prosecution to appeal the court's order.
h. Whenever an [inmate] incarcerated person is granted compassionate release pursuant to this section, the court shall require, as a condition precedent to release, the State Parole Board to ensure that the [inmate's] incarcerated person's release plan includes:
(1) identification of a community sponsor;
(2) verification of the availability of appropriate medical services sufficient to meet the treatment requirements identified pursuant to paragraph (4) of subsection b. of this section; and
(3) verification of appropriate housing which may include, but need not be limited to, a hospital, hospice, nursing home facility, or other housing accommodation suitable to the [inmate's] incarcerated person's medical condition, disease or syndrome, or permanent physical incapacity.
The Commissioner of Corrections shall ensure that any [inmate] incarcerated person who petitions for compassionate release is provided an opportunity to apply, and is provided necessary assistance to complete the application, for medical assistance benefits under the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) prior to any determination of ineligibility by the court as a result of the inability to verify the availability of appropriate medical services, as required pursuant to paragraph (2) of this subsection.
i. In addition to any conditions imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59), as a condition of compassionate release, the State Parole Board may require an [inmate] incarcerated person to submit to periodic medical diagnoses by a licensed physician.
j. If, after review of a medical diagnosis required under the provisions of subsection i. of this section, the State Parole Board determines that a parolee granted compassionate release is no longer so debilitated or incapacitated by a terminal condition, disease or syndrome, or by a permanent physical incapacity as to be physically incapable of committing a crime or, in the case of a permanent physical incapacity, the parolee poses a threat to public safety, the State Parole Board shall so notify the prosecutor, who may initiate proceedings to return the [inmate] incarcerated person to confinement in an appropriate facility designated by the Commissioner of Corrections.
The prosecutor shall provide notice of the request to return the parolee to confinement to the parolee and the parolee's attorney or, if the parolee does not have an attorney, the Public Defender. The parolee shall have 15 days after receipt of the notice to object to the return to confinement, which period may be extended to 30 days for good cause shown. If the Superior Court receives from the parolee an objection to the request to return the parolee to confinement, the court shall hold a hearing on an expedited basis in accordance with the Rules of Court and procedures established by the Administrative Director of the Courts to determine whether the parolee should be returned to confinement pursuant to this subsection. If the court does not receive a timely objection to the return to confinement, the court may make a determination on the request without holding a hearing. The parolee shall be returned to confinement if the court finds, by a preponderance of the evidence, that the parolee poses a threat to public safety because the parolee is no longer debilitated or incapacitated by a terminal condition, disease or syndrome, or by a permanent physical incapacity. Nothing in this subsection shall be construed to limit the authority of the board, an appropriate board panel, or parole officer of the State Parole Board to address a violation of a condition of parole pursuant to sections 16 through 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.65).
k. The denial of a petition for compassionate release or the return of a parolee to confinement under the provisions of subsection j. of this section shall not preclude an [inmate] incarcerated person from being considered for parole, if eligible, pursuant to subsection a. of section 7 of P.L.1979, c.441 (C.30:4-123.51).
l. For purposes of this section:
"Grave medical condition" means a prognosis by the licensed physicians designated by the Commissioner of Corrections pursuant to subsection b. of this section that an [inmate] incarcerated person has more than six months but not more than 12 months to live or has a medical condition that did not exist at the time of sentencing and for at least three months has rendered the [inmate] incarcerated person unable to perform activities of basic daily living, resulting in the [inmate] incarcerated person requiring 24-hour care.
"Terminal condition, disease or syndrome" means a prognosis by the licensed physicians designated by the Commissioner of Corrections pursuant to subsection b. of this section that an [inmate] incarcerated person has six months or less to live.
"Permanent physical incapacity" means a prognosis by the licensed physicians designated by the Commissioner of Corrections pursuant to subsection b. of this section that an [inmate] incarcerated person has a medical condition that renders the [inmate] incarcerated person permanently unable to perform activities of basic daily living, results in the [inmate] incarcerated person requiring 24-hour care, and did not exist at the time of sentencing.
(cf: P.L.2020, c.106, s.1)
48. Section 8 of P.L.1979, c.441 (C.30:4-123.52) is amended to read as follows:
8. a. If the appropriate board panel determines that an adult [inmate] incarcerated person has seriously or persistently violated specifically defined institutional rules or has engaged in conduct indictable in nature while incarcerated, the [inmate's] incarcerated person's parole eligibility date may be increased pursuant to a schedule developed by the board. In developing such schedule, particular emphasis shall be placed on the severity of the [inmate's] incarcerated person's conduct. The board shall deduct from the scheduled penalty any loss of commutation time imposed by the Department of Corrections pursuant to R.S.30:4-140.
b. If the appropriate board panel determines that an adult [inmate] incarcerated person has made exceptional progress, as evidenced by documented participation and progress in institutional or community educational, training or other programs, the [inmate's] incarcerated person's parole eligibility date may be decreased, except that no parole eligibility date shall be set below the primary parole eligibility date without the consent of the sentencing court, which need not conduct a hearing and in no case shall a parole eligibility date be set below any judicial or statutory mandatory minimum term, including any parole eligibility date set pursuant to section 23 of this act.
c. The appropriate board panel shall annually monitor the progress of each adult [inmate] incarcerated person and provide the [inmate] incarcerated person with a written statement of any changes in his parole eligibility.
d. At any time while an [inmate] incarcerated person is committed to the custody of the Commissioner of Corrections, the appropriate board panel or the Parole Board may require, as often as it deems necessary, that [inmate] incarcerated person to undergo an in-depth preparole psychological evaluation conducted by a psychologist.
e. Prior to the parole eligibility date of each adult [inmate] incarcerated person, an objective risk assessment shall be performed by board staff or by some other appropriate agent of the State. The risk assessment, which shall be in a form prescribed by the board pursuant to rule and regulation, shall consist of both static and dynamic factors which may assist the board panel in determining whether the [inmate] incarcerated person shall be certified for parole and, if paroled, the level of supervision the parolee may require. In addition to the information otherwise gathered for and incorporated in the pre-parole report, the assessment shall include evaluations of the [inmate's] incarcerated person's ability to function independently, the [inmate's] incarcerated person's educational and employment background, the [inmate's] incarcerated person's family and marital history, and such other information and factors as the board may deem appropriate and necessary.
(cf: P.L.2001, c.79, s.18)
49. Section 10 of P.L.1979, c.441 (C.30:4-123.54) is amended to read as follows:
10. a. At least 120 days but not more than 180 days prior to the parole eligibility date of each adult [inmate] incarcerated person, a report concerning the [inmate] incarcerated person shall be filed with the appropriate board panel, by the staff members designated by the superintendent or other chief executive officer of the institution in which the [inmate] incarcerated person is held.
b. (1) The report filed pursuant to subsection a. shall contain preincarceration records of the [inmate] incarcerated person, including any history of civil commitment, any disposition which arose out of any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition of those charges and any acquittals by reason of insanity pursuant to N.J.S.2C:4-1, state the conduct of the [inmate] incarcerated person during the current period of confinement, include a complete report on the [inmate's] incarcerated person's social and physical condition, include an investigation by the Division of Parole of the [inmate's] incarcerated person's parole plans, and present information bearing upon the likelihood that the [inmate] incarcerated person will commit a crime under the laws of this State if released on parole. The report shall also include a complete psychological evaluation of the [inmate] incarcerated person in any case in which the [inmate] incarcerated person was convicted of a first or second degree crime involving violence and:
(a) the [inmate] incarcerated person has a prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant to N.J.S.2C:4-6; or
(b) the [inmate] incarcerated person has a prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of the third degree pursuant to P.L.1992, c.209 (C.2C:12-10); or
(c) the [inmate] incarcerated person has a prior diagnosis of psychosis.
The [inmate] incarcerated person shall disclose any information concerning any history of civil commitment.
The preincarceration records of the [inmate] incarcerated person contained in the report shall include any psychological reports prepared in connection with any court proceedings.
(2) At the time of sentencing, the prosecutor shall notify any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder victim of the opportunity to present a written or videotaped statement for the parole report to be considered at the parole hearing or to testify to the parole board concerning his harm at the time of the parole hearing. Each victim or relative shall be responsible for notifying the board of his intention to submit such a statement and to provide an appropriate mailing address.
The report may include a written or videotaped statement concerning the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the continuing effect of the crime upon the victim's family. At the time public notice is given that an [inmate] incarcerated person is being considered for parole pursuant to this section, the board shall also notify any victim or nearest relative who has previously contacted the board of the availability to provide a written or videotaped statement for inclusion in the parole report or to present testimony at the parole hearing.
The board shall notify the victim or relative at the victim's or relative's last known mailing address.
(3) If the [inmate] incarcerated person meets the requirements for administrative parole release pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d) the report shall indicate this eligibility.
c. A copy of the report filed pursuant to subsection a. of this section, excepting those documents which have been classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, shall be served on the [inmate] incarcerated person at the time it is filed with the board panel. The [inmate] incarcerated person may file with the board panel a written statement regarding the report, but shall do so within 105 days prior to the primary parole eligibility date.
d. Upon receipt of the public notice pursuant to section 1 of P.L.1979, c.441 (C.30:4-123.45), a county prosecutor, a public defender, or a private attorney of record may request from the parole board a copy of the report on any adult [inmate] incarcerated person prepared pursuant to subsection a. of this section, which shall be expeditiously forwarded to the county prosecutor by the parole board by mail, courier, or other means of delivery. Upon receipt of the report, the prosecutor has 10 working days to review the report and notify the parole board of the prosecutor's comments, if any, or notify the parole board of the prosecutor's intent to provide comments. If the county prosecutor does not provide comments or notify the parole board of the prosecutor's intent to provide comments within the 10 working days, the parole board may presume that the prosecutor does not wish to provide comments and may proceed with the parole consideration. Any comments provided by a county prosecutor shall be delivered to the parole board by the same method by which the county prosecutor received the report. The confidentiality of the contents in a report which are classified as confidential shall be maintained and shall not be disclosed to any person who is not authorized to receive or review a copy of the report containing the confidential information.
e. Any provision of this section to the contrary notwithstanding, the board shall by rule or regulation modify the scope of the required reports and time periods for rendering such reports with reference to county penal institutions.
f. Notwithstanding any provision of this section, the board may modify the time periods for submitting the reports required pursuant to this section in processing an [inmate] incarcerated person whose parole eligibility date is accelerated pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55).
(cf: P.L.2019, c.364, s.9)
50. Section 11 of P.L.1979, c.441 (C.30:4-123.55) is amended to read as follows:
11. a. Prior to the parole eligibility date of each adult [inmate] incarcerated person, a designated hearing officer shall review the reports required by section 10 of P.L.1979, c.441 (C.30:4-123.54), and shall determine whether:
(1) the [inmate] incarcerated person is eligible for administrative parole release pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d). If an [inmate] incarcerated person is eligible for administrative parole release, the hearing officer shall at least 60 days prior to the [inmate's] incarcerated person's parole eligibility date recommend in writing to the assigned member of the board panel that administrative parole release be granted pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d); or
(2) there is a basis for denial of parole in the preparole report, any risk assessment prepared in accordance with the provisions of subsection e. of section 8 of P.L.1979, c.441 (C.30:4-123.52), or the [inmate's] incarcerated person's statement, or an indication, reduced to writing, that additional information providing a basis for denial of parole would be developed or produced at a hearing. If the hearing officer determines that there is no basis in the preparole report, the risk assessment, or the [inmate's] incarcerated person's statement for denial of parole and that there is no additional relevant information to be developed or produced at a hearing, he shall at least 60 days prior to the [inmate's] incarcerated person's parole eligibility date recommend in writing to the assigned member of the board panel that parole release be granted.
b. If the assigned member of the board panel or in the case of an [inmate] incarcerated person sentenced to a county penal institution, the assigned member concurs in the hearing officer's recommendation, he shall certify parole release pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) as soon as practicable after the eligibility date and so notify the [inmate] incarcerated person and the board. In the case of an [inmate] incarcerated person recommended for administrative parole release by the hearing officer pursuant to section 4 of P.L.2019, c.364 (C.30:4-123.55d), the assigned member shall review the reports required by section 10 of P.L.1979, c.441 (C.30:4-123.54) to confirm eligibility and if the [inmate] incarcerated person is eligible, shall certify parole release pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) as soon as practicable after the eligibility date and notify the [inmate] incarcerated person and the board. In the case of an [inmate] incarcerated person sentenced to a county penal institution the board shall certify parole release or deny parole as provided by this section, except with regard to time periods for notice and parole processing which are authorized by or otherwise adopted pursuant to subsection g. of section 7 of P.L.1979, c.441 (C.30:4-123.51). If the designated hearing officer does not recommend release on parole or if the assigned member does not concur in a recommendation of the designated hearing officer in favor of release, then the parole release of an [inmate] incarcerated person in a county penal institution shall be treated under the provisions of law otherwise applicable to an adult [inmate] incarcerated person. In the case of an [inmate] incarcerated person sentenced to a county penal institution, the performance of public service for the remainder of the term of the sentence shall be a required condition of parole, where appropriate.
c. If the hearing officer or the assigned member determines that there is a basis for denial of parole, or that a hearing is otherwise necessary, the hearing officer or assigned member shall notify the appropriate board panel and the [inmate] incarcerated person in writing of his determination, and of a date for a parole consideration hearing. The board panel shall notify the victim of the crime, if the crime for which the [inmate] incarcerated person is incarcerated was a crime of the first or second degree, or the victim's nearest relative if the crime was murder, as appropriate, who was previously contacted by the board and who has indicated his intention to the board to testify at the hearing, of the opportunity to testify or submit written or videotaped statements at the hearing. Said hearing shall be conducted by the appropriate board panel at least 30 days prior to the eligibility date. At the hearing, which shall be informal, the board panel shall receive as evidence any relevant and reliable documents or videotaped or in person testimony, including that of the victim of the crime or the members of the family of a murder victim if the victim or a family member so desires. If a victim of a crime or the relative of a murder victim chooses not to testify personally at the hearing, the victim or relative may elect to present testimony to a senior hearing officer designated by the board panel. The senior hearing officer shall notify the victim of the right to have this testimony videotaped. The senior hearing officer shall prepare a report, transcript or videotape, if applicable, of the testimony for presentation to the board panel at the hearing. All such evidence not classified as confidential pursuant to rules and regulations of the board or the Department of Corrections shall be disclosed to the [inmate] incarcerated person and the [inmate] incarcerated person shall be permitted to rebut such evidence and to present evidence on his own behalf. The decision of the board panel shall be based solely on the evidence presented at the hearing.
d. At the conclusion of the parole consideration hearing, the board panel shall either (1) certify the parole release of the [inmate] incarcerated person pursuant to section 15 of this act as soon as practicable after the eligibility date and so notify the [inmate] incarcerated person and the board, or (2) deny parole and file with the board within 30 days of the hearing a statement setting forth the decision, the particular reasons therefor, except information classified as confidential pursuant to rules and regulations of the board or the Department of Corrections, a copy of which statement shall be served upon the [inmate] incarcerated person together with notice of his right to appeal to the board.
e. Upon request by the hearing officer or the [inmate] incarcerated person, the time limitations contained in section 10 of P.L.1979, c.441 (C.30:4-123.54) and this section may be waived by the appropriate board panel for good cause.
f. Notwithstanding the provision of any other law to the contrary, if an [inmate] incarcerated person incarcerated for murder is recommended for parole by the assigned board member or the appropriate board panel, parole shall not be certified until a majority of the full parole board, after conducting a hearing, concurs in that recommendation. The board shall notify the victim's family of that hearing and family members shall be afforded the opportunity to testify in person or to submit written or videotaped statements. The provisions of this subsection shall not apply to an [inmate] incarcerated person who has his parole revoked and is returned to custody pursuant to the provisions of section 19 of P.L.1979, c.441 (C.30:4-123.63).
g. Notwithstanding the provision of any other law or regulation to the contrary, the board may promulgate rules and regulations for the processing of any [inmate] incarcerated person whose parole eligibility date is accelerated. For purposes of this section, a parole eligibility date is accelerated when an [inmate] incarcerated person becomes eligible for parole at the time of or within 120 days of an event or circumstance beyond the control of the parole board, such as sentencing, resentencing or other amendment, including the awarding of additional credit to the original sentence, restoration of authorized institutional time credits or the application of authorized institutional time credits on a future eligibility date established pursuant to subsection a. of section 12 of P.L.1979, c.441 (C.30:4-123.56) or subsection a. of section 20 of P.L.1979, c.441 (C.30:4-123.64). The rules and regulations shall provide for the preparation and review of a preparole report and shall require that a parole consideration hearing be held not more than 120 days after the board has received notice that an accelerated parole eligibility date has been established.
(cf: P.L.2019, c.364, s.10)
51. Section 4 of P.L.2019, c.364 (C.30:4-123.55d) is amended to read as follows:
4. a. Notwithstanding the provisions of subsection a. of section 9 of P.L.1979, c.441 (C.30:4-123.53), an adult [inmate] incarcerated person shall be administratively released on parole at the time of primary or subsequent parole eligibility provided that:
(1) the [inmate] incarcerated person has not been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for any crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); subsection c. or g. of N.J.S.2C:43-6; subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2); or section 3 of P.L.1998, c.71 (C.30:4-27.26);
(2) the [inmate] incarcerated person has not committed any prohibited acts required to be reported to the prosecutor pursuant to regulations promulgated by the commissioner during the current period of incarceration, and has not committed any serious disciplinary infraction, designated in regulations promulgated by the commissioner as a prohibited act that is considered to be the most serious and results in the most severe sanctions, within the previous two years;
(3) the [inmate] incarcerated person has completed relevant rehabilitation programs, as determined by the Department of Corrections and State Parole Board, available at the correctional facility or applied for but was unable to complete or was denied access to these programs due to circumstances beyond the [inmate's] incarcerated person's control including, but not limited to, capacity limitations or exclusionary policies of these programs; and
(4) crime victims have received notification as required by law.
b. In the case of an [inmate] incarcerated person who meets the criteria set forth in this section for administrative parole release, a hearing shall not be required pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55). An [inmate] incarcerated person released on parole pursuant to subsection a. of this section shall, during the term of parole supervision, remain in the legal custody of the Commissioner of Corrections, be supervised by the Division of Parole of the State Parole Board, and be subject to the provisions and conditions established by the appropriate board panel in accordance with the procedures and standards set forth in section 15 of P.L.1979, c.441 (C.30:4-123.59). If the parolee violates a condition of parole, the parolee shall be subject to the provisions of sections 16 through 19 of P.L.1979, c.441 (C.30:4-123.60 through C.30:4-123.63) and may have his parole revoked and be returned to custody. If revocation and return to custody are deemed appropriate, the appropriate board panel shall revoke the parolee's release and return the parolee to custody and confinement pursuant to the provisions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
c. Denials of administrative parole release shall be appealable in accordance with section 14 of P.L.1979, c.441 (C.30:4-123.58).
d. A criminal justice program at a four-year public institution of higher education in this State shall conduct a study of all [inmates] incarcerated persons whose primary parole eligibility date was within the five years immediately preceding the implementation of P.L.2019, c.364 (C.30:4-123.55b et al.) and the five years immediately following the implementation of P.L.2019, c.364 (C.30:4-123.55b et al.). The study shall include, but not be limited to, the number of [inmates] incarcerated persons who met the criteria set forth in subsection a. of this section, the number of [inmates] incarcerated persons who did not meet the criteria, and the reasons an [inmate] incarcerated person did not meet the criteria.
(cf: P.L.2019, c.364, s.4)
52. Section 12 of P.L.1979, c.441 (C.30:4-123.56) is amended to read as follows:
12. a. The board shall develop a schedule of future parole eligibility dates for adult [inmates] incarcerated persons denied release at their eligibility date. In developing such schedule, particular emphasis shall be placed on the severity of the offense for which he was denied parole and on the characteristics of the offender, such as, but not limited to, the prior criminal record of the [inmate] incarcerated person and the need for continued incapacitation of the [inmate] incarcerated person.
b. If the release on the eligibility date is denied, the board panel which conducted the hearing shall refer to the schedule published pursuant to subsection a., and include in its statement denying parole notice of the date of future parole consideration. If such date differs from the date otherwise established by the schedule, the board panel shall include particular reasons therefor. The future parole eligibility date shall not be altered to take into account remissions of sentence for good behavior and diligent application to work and other assignments; provided however, the future parole eligibility date may be altered pursuant to section 8 of P.L.1979, c.441 (C.30:4-123.52).
c. An [inmate] incarcerated person shall be released on parole on the new parole eligibility date unless information filed pursuant to a procedure identical to that set forth in section 10 of P.L.1979, c.441 (C.30:4-123.54) indicates by a preponderance of the evidence that the [inmate] incarcerated person has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the [inmate] incarcerated person will violate conditions of parole imposed pursuant to section 15 of P.L.1979, c.441 (C.30:4-123.59) if released on parole at that time. The determination of whether the [inmate] incarcerated person shall be released on the new parole eligibility date shall be made pursuant to the procedure set forth in section 11 of P.L.1979, c.441 (C.30:4-123.55) and this section.
For the purposes of this subsection, "failed to cooperate in his or her own rehabilitation" shall include, in the case of an [inmate] incarcerated person who suffers from mental illness as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) that does not require institutionalization, that the [inmate] incarcerated person failed to fully participate in or cooperate with all prescribed treatment offered during incarceration.
(cf: P.L.2011, c.67, s.1)
53. Section 15 of P.L.1979, c.441 (C.30:4-123.59) is amended to read as follows:
15. a. Each adult parolee shall at all times remain in the legal custody of the Commissioner of Corrections and under the supervision of the State Parole Board, except that the Commissioner of Corrections, after providing notice to the Attorney General, may consent to the supervision of a parolee by the federal government pursuant to the Witness Security Reform Act, Pub.L.98-473 (18 U.S.C. s.3521 et seq.). An adult parolee, except those under the Witness Security Reform Act, shall remain under the supervision of the State Parole Board and in the legal custody of the Department of Corrections in accordance with the policies and rules of the board.
b. (1) (a) Each parolee shall agree, as evidenced by his signature to abide by specific conditions of parole established by the appropriate board panel which shall be enumerated in writing in a certificate of parole and shall be given to the parolee upon release. Such conditions shall include, among other things, a requirement that the parolee conduct himself in society in compliance with all laws and refrain from committing any crime, a requirement that the parolee will not own or possess any firearm as defined in subsection f. of N.J.S.2C:39-1 or any other weapon enumerated in subsection r. of N.J.S.2C:39-1, a requirement that the parolee refrain from the unlawful use, or the possession or distribution of a controlled dangerous substance, controlled substance analog or imitation controlled dangerous substance as defined in N.J.S.2C:35-2 and N.J.S.2C:35-11, other than possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10, and distribution of marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, a requirement that the parolee obtain permission from his parole officer for any change in his residence, and a requirement that the parolee report at reasonable intervals to an assigned parole officer. In addition, based on prior history of the parolee or information provided by a victim or a member of the family of a murder victim, the member or board panel certifying parole release pursuant to section 11 of P.L.1979, c.441 (C.30:4-123.55) may impose any other specific conditions of parole deemed reasonable in order to reduce the likelihood of recurrence of criminal or delinquent behavior, including a requirement that the parolee comply with the Internet access conditions set forth in paragraph (2) of this subsection. Such special conditions may include, among other things, a requirement that the parolee make full or partial restitution, the amount of which restitution shall be set by the sentencing court upon request of the board. In addition, the member or board panel certifying parole release may, giving due regard to a victim's request, impose a special condition that the parolee have no contact with the victim, which special condition may include, but need not be limited to, restraining the parolee from entering the victim's residence, place of employment, business or school, and from harassing or stalking the victim or victim's relatives in any way. Further, the member, board panel or board certifying parole release may impose a special condition that the person shall not own or possess an animal for an unlawful purpose or to interfere in the performance of duties by a parole officer.
(b) The member or board panel certifying parole release shall not impose on any parolee any condition that would prohibit or restrict manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.
(2) In addition, the member or board panel certifying parole release may impose on any person who has been convicted 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), and who is required to register as provided in subsections c. and d. of section 2 of P.L.1994, c.133 (C.2C:7-2), or who has been convicted for a violation of N.J.S.2C:34-3 any of the following Internet access conditions:
(a) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court, except the person may use a computer or any other device with Internet capability in connection with that person's employment or search for employment with the prior approval of the person's parole officer;
(b) Require the person to submit to periodic unannounced examinations of the person's computer or any other device with Internet capability by a parole officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection;
(c) Require the person to submit to the installation on the person's computer or device with Internet capability, at the person's expense, one or more hardware or software systems to monitor the Internet use; and
(d) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with Internet capability.
c. The appropriate board panel may in writing relieve a parolee of any parole conditions, and may permit a parolee to reside outside the State pursuant to the provisions of the Uniform Act for Out-of-State Parolee Supervision (N.J.S.2A:168-14 et seq.) and, with the consent of the Commissioner of the Department of Corrections after providing notice to the Attorney General, the federal Witness Security Reform Act, if satisfied that the change will not result in a substantial likelihood that the parolee will commit an offense which would be a crime under the laws of this State. The appropriate board panel may revoke permission, except in the case of a parolee under the Witness Security Reform Act, or reinstate relieved parole conditions for any period of time during which a parolee is under its jurisdiction.
d. The appropriate board panel may parole an [inmate] incarcerated person to any residential facility funded in whole or in part by the State if the [inmate] incarcerated person would not otherwise be released pursuant to section 9 of P.L.1979, c.441 (C.30:4-123.53) without such placement. But if the residential facility provides treatment for mental illness or mental retardation, the board panel only may parole the [inmate] incarcerated person to the facility pursuant to the laws and admissions policies that otherwise govern the admission of persons to that facility, and the facility shall have the authority to discharge the [inmate] incarcerated person according to the laws and policies that otherwise govern the discharge of persons from the facility, on 10 days' prior notice to the board panel. The board panel shall acknowledge receipt of this notice in writing prior to the discharge. Upon receipt of the notice the board panel shall resume jurisdiction over the [inmate] incarcerated person.
e. Parole officers shall provide assistance to the parolee in obtaining employment, education, or vocational training or in meeting other obligations to assure the parolee's compliance with meeting legal requirements related to sex offender notification, address changes and participation in rehabilitation programs as directed by the assigned parole officer.
f. (Deleted by amendment, P.L.2019, c.363)
g. If the board has granted parole to any [inmate] incarcerated person from a State correctional facility and the court has imposed a fine on the [inmate] incarcerated person, the appropriate board panel shall release the [inmate] incarcerated person on condition that the parolee make specified fine payments to the State Parole Board. For violation of these conditions, or for violation of a special condition requiring restitution, parole may be revoked only for refusal or failure to make a good faith effort to make the payment.
h. Upon collection of the fine the Department of Corrections shall forward it to the State Treasury.
(cf: P.L.2021, c.19, s.13)
54. Section 1 of P.L.2020, c.111 (C.30:4-123.100) is amended to read as follows:
1. 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] incarcerated persons 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 substantial modifications to department-wide correctional facility operations.
b. Except as provided in subsection d. of this section, public health emergency credits shall be awarded to any [inmate] incarcerated person in the custody of the Commissioner of Corrections who:
(1) is serving a sentence or receiving jail credits applicable to the sentence; and
(2) is scheduled to be released from the custody of the Commissioner of Corrections within 365 days.
c. The public health emergency credits awarded pursuant to this section shall provide further remission from both the maximum and minimum term of the [inmate's] incarcerated person's sentence, including the statutory mandatory minimum term, at the rate of 122 days for each month, or portion thereof, served during the declared emergency. An [inmate] incarcerated person shall not be awarded public health emergency credits in excess of 244 days of remission for any declared emergency.
d. Public health emergency credits shall not be awarded to an [inmate] incarcerated person serving a sentence in a State correctional facility for:
(1) murder pursuant to N.J.S.2C:11-3;
(2) aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2; or
(3) any offense enumerated in N.J.S.2C:47-1 and whose conduct was characterized by a pattern of repetitive, compulsive behavior.
e. Nothing in this section shall be deemed to limit an [inmate's] incarcerated person's eligibility for parole consideration as provided for in section 10 of P.L.1948, c.84 (C.30:4-123.1 et seq.).
f. An [inmate] incarcerated person 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. An [inmate] incarcerated person 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] incarcerated person who is released from custody following an award of public health emergency credits pursuant to this section shall be prohibited from making contact with any victim of the crime for which the [inmate] incarcerated person was serving a sentence, as set forth in section 5 of P.L.2020, c.111 (C.30:4-123.103), which prohibition shall remain in force until the time that the [inmate] incarcerated person was scheduled to be released from custody prior to the award of public health emergency credits.
i. Prior to releasing an [inmate] incarcerated person from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the commissioner shall:
(1) notify the [inmate] incarcerated person in writing of the prohibition against making contact with any victim of the crime for which the [inmate] incarcerated person was convicted pursuant to section 5 of P.L.2020, c.111 (C.30:4-123.103);
(2) notify the [inmate] incarcerated person in writing that a violation of the prohibition against contact with a victim is a crime of the fourth degree;
(3) require the [inmate] incarcerated person to acknowledge in writing the receipt of the written notifications related to the contact prohibition provided pursuant to this subsection.
j. In addition to the requirements set forth in subsection i. of this section and any other relevant provision under current law related to the provision of information and services to [inmates] incarcerated persons, prior to releasing an [inmate] incarcerated person from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the commissioner shall compile and disseminate to [inmates] incarcerated persons information concerning organizations and programs, whether faith-based or secular programs, which provide assistance and services to [inmates] incarcerated persons reentering society after a period of incarceration.
k. Within 30 days prior to an [inmate's] incarcerated person's release from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the commissioner shall provide any available information related to the [inmate's] incarcerated person's:
(1) eligibility for Medicaid;
(2) housing information;
(3) identification information; and
(4) eligibility for any other benefits and services.
l. Subject to the availability of the testing resources of the Department of Corrections, an [inmate] incarcerated person shall be tested for COVID-19 prior to the [inmate's] incarcerated person's release from the custody of the commissioner following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) if the [inmate] incarcerated person is released 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.
(cf.: P.L.2020, c.111, s.1)
55. Section 3 of P.L.2020, c.111 (C.30:4-123.101) is amended to read as follows:
3. a. The Commissioner of Corrections shall immediately identify any [inmate] incarcerated person who is scheduled to be released from custody within 365 days as a result of the award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100).
b. Notwithstanding any provision of law to the contrary, the Commissioner of Corrections shall provide notice to the prosecutor of the county in which the [inmate] incarcerated person 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] incarcerated person who is scheduled to be released from the custody of the Commissioner of Corrections within 365 days as a result of the award of public health emergency credits;
(2) the date on which the [inmate] incarcerated person is scheduled to be released from custody based on the award of public health emergency credits; and
(3) the date on which the [inmate] incarcerated person 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 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 established by the court for filing a petition to dissolve the prohibition established pursuant to section 5 of P.L.2020, c.111 (C.30:4-123.103) prohibiting an [inmate] incarcerated person from making contact with any victim of the crime for which the [inmate] incarcerated person is serving a sentence.
(cf: P.L.2020, c.111, s.3)
56. Section 5 of P.L.2020, c.111 (C.30:4-123.103) is amended to read as follows:
5. a. An [inmate] incarcerated person who is released from the custody of the Commissioner of Corrections or a juvenile who is released from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), from the date of release until the date the [inmate] incarcerated person or juvenile, as the case may be, was scheduled to be released prior to the award of public health emergency credits, shall be prohibited from purposely or knowingly making contact with any victim of the crime for which the [inmate] incarcerated person or juvenile was serving a sentence.
For purposes of this subsection, making contact with a victim shall include contact made personally by the [inmate] incarcerated person or juvenile, as the case may be, or through an agent, and shall include but not be limited to: personal, written, electronic, or telephone contact or communication; or entering the residence, property, school, or place of employment of the victim.
b. A violation of subsection a. of this section shall be a crime of the fourth degree.
c. (1) A petition may be filed with the court to dissolve the prohibition established pursuant to the provisions of this section prohibiting an [inmate] incarcerated person or juvenile, as the case may be, from making contact with the victim in accordance with procedures established by the court.
(2) The Director of the Administrative Office of the Courts shall provide the Department of Corrections, Juvenile Justice Commission, and Attorney General with information concerning the procedures established by the court for filing a petition to dissolve the prohibition established pursuant to this section prohibiting an [inmate] incarcerated person or juvenile, as the case may be, from making contact with any victim of the crime for which the [inmate] incarcerated person or juvenile was serving a sentence.
(cf: P.L.2020, c.111, s.5)
57. Article II of Section 2 of P.L.1983, c.15 (C.30:7C-3) is amended to read as follows:
ARTICLE II
As used in this compact, unless the context clearly requires otherwise:
a. "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
b. "Sending state" means a state party to this compact in which conviction or court commitment was had.
c. "Receiving state" means a state party to this compact to which an [inmate] incarcerated person is sent for confinement other than a state in which conviction or court commitment was had.
d. "[Inmate] Incarcerated person" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
e. "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which [inmates] incarcerated persons as defined in d. above may lawfully be confined.
(cf: P.L.1983, c.15, s.2)
58. Article III of Section 2 of P.L.1983, c.15 (C.30:7C-4) is amended to read as follows:
ARTICLE III
a. Each party state may make one or more contracts with any one or more of the other party states, or with the Federal Government, for the confinement of [inmates] incarcerated persons on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
(1) Its duration.
(2) Payments to be made to the receiving state or to the Federal Government, by the sending state for [inmate] incarcerated person maintenance, extraordinary medical and dental expenses, and any participation in or receipt by [inmates] incarcerated persons of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
(3) Participation in programs of [inmate] incarcerated person employment, if any; the disposition or crediting of any payments received by [inmates] incarcerated persons on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
(4) Delivery and retaking of [inmates] incarcerated persons.
(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto and nothing in any such contract shall be inconsistent therewith.
(cf: P.L.1983, c.15, s.2)
59. Article IV of Section 2 of P.L.1983, c.15 (C.30:7C-5) is amended to read as follows
ARTICLE IV
a. Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an [inmate] incarcerated person to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
b. The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine [inmates] incarcerated persons for the purpose of inspecting the facilities thereof and visiting such of its [inmates] incarcerated persons as may be confined in the institution.
c. [Inmates] Incarcerated persons confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine [inmates] incarcerated persons, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
d. Each receiving state shall provide regular reports to each sending state on the [inmates] incarcerated persons of that sending state in institutions pursuant to this compact including a conduct record of each [inmate] incarcerated person and certify said record to the official designated by the sending state, in order that each [inmate] incarcerated person may have official review of his or her record in determining and altering the disposition of said [inmate] incarcerated person in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
e. All [inmates] incarcerated persons who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar [inmates] incarcerated persons of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any [inmate] incarcerated person so confined of any legal rights which said [inmate] incarcerated person would have had if confined in an appropriate institution of the sending state.
f. Any hearing or hearings to which an [inmate] incarcerated person confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
g. Any [inmate] incarcerated person confined pursuant to this compact shall be released within the territory of the sending state unless the [inmate] incarcerated person, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
h. Any [inmate] incarcerated person confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
i. The parents, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any [inmate] incarcerated person shall not be deprived of or restricted in his exercise of any power in respect of any [inmate] incarcerated person confined pursuant to the terms of this compact.
(cf: P.L.1983, c.15, s.2)
60. Article V of Section 2 of P.L.1983, c.15 (C.30:7C-6) is amended to read as follows
ARTICLE V
a. Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an [inmate] incarcerated person from an institution in the receiving state there is pending against the [inmate] incarcerated person within such state any criminal charge or if the [inmate] incarcerated person is formally accused of having committed within such state a criminal offense, the [inmate] incarcerated person shall not be returned without the consent of the receiving state until discharge from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport [inmates] incarcerated persons pursuant to this compact through any and all states party to this compact without interference.
b. An [inmate] incarcerated person who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
(cf: P.L.1983, c.15, s.2)
61. Article VI of Section 2 of P.L.1983, c.15 (C.30:7C-7) is amended to read as follows
ARTICLE VI
Any state party to this compact may accept Federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any [inmate] incarcerated person in a receiving state pursuant to this compact may participate in any such Federally-aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
(cf: P.L.1983, c.15, s.2)
62. Article VIII of Section 2
of P.L.1983, c.15 (C.30:7C-9) is amended to read as follows
ARTICLE VIII
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 1 year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such [inmates] incarcerated persons as it may have confined pursuant to the provisions of this compact.
(cf: P.L.1983, c.15, s.2)
63. Article IX of Section 2 of P.L.1983, c.15 (C.30:7C-10) is amended to read as follows
ARTICLE IX
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of [inmates] incarcerated persons nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
(cf: P.L.1983, c.15, s.2)
64. Section 1 of P.L.1995, c.254 (C.30:7E-1) is amended to read as follows:
1. As used in sections 2 thru 6 of this act:
a. "Commissioner" means the Commissioner of the Department of Corrections.
b. "County" includes any person acting pursuant to a contract with a county who provides services for which a county is entitled to reimbursement or a nominal fee under the provisions of this act.
c. "Covered person" means a person who is covered by a plan for health benefits and expenses but not as an enrollee.
d. "Enrollee" means the person who receives a certificate or other proof of coverage from a health insurance plan that covers the person for health benefits and expenses.
e. "Health insurance plan" means any hospital and medical expense insurance policy; health, hospital or medical service corporation contract or certificate; or health maintenance organization subscriber contract or certificate or dental or vision plan.
f. "[Inmate] Incarcerated person" means a person sentenced to imprisonment, or ordered to pretrial or investigative detention, in a State correctional facility or county jail.
g. "State" includes any person acting pursuant to a contract with the State who provides services for which the State is entitled to reimbursement or a nominal fee under the provisions of this act.
(cf: P.L.1995, c.254, s.1)
65. Section 2 of P.L.1995, c.254 (C.30:7E-2) is amended to read as follows:
2. a. An [inmate] incarcerated person shall be liable for the cost of, and be charged a nominal fee for, any medical care, surgery, dental care, hospitalization or treatment provided to the [inmate] incarcerated person during the [inmate's] incarcerated person's term of incarceration or detention by the State or a county. If the [inmate] incarcerated person is incarcerated or detained in a State correctional facility or State contracted half-way house, the amount due and payable and the nominal fees charged under the provisions of this act shall be determined by the State Treasurer in accordance with guidelines promulgated by the commissioner. If the [inmate] incarcerated person is incarcerated or detained in a county jail, the amount due and payable and the nominal fees charged under the provisions of this act shall be determined by the county treasurer in accordance with guidelines promulgated by the county adjustor.
b. An [inmate] incarcerated person may be charged either the full cost of or a nominal fee for any prescription or nonprescription drug or medicine provided to the [inmate] incarcerated person during the [inmate's] incarcerated person's term of incarceration or detention by the State or a county. If the [inmate] incarcerated person is incarcerated or detained in a State correctional facility or State contracted half-way house, the cost or nominal fees charged under the provisions of this act shall be determined by the State Treasurer in accordance with guidelines promulgated by the commissioner. If the [inmate] incarcerated person is incarcerated or detained in a county jail, the amount due and payable and the nominal fees charged under the provisions of this act shall be determined by the county treasurer in accordance with guidelines promulgated by the county adjustor.
(cf: P.L.1995, c.254, s.2)
66. Section 3 of P.L.1995, c.254 (C.30:7E-3) is amended to read as follows:
3. a. Whenever the court shall determine, from its due consideration of the presentence report prepared in accordance with the provisions of N.J.S.2C:44-6 or any pretrial investigation or report, that a person to be sentenced to a term of imprisonment or ordered to detention in a State correctional facility or county jail is an enrollee or a covered person under a health insurance plan, it shall, as part of the disposition imposing the term of imprisonment or order providing for detention, so notify the commissioner or the chief administrative officer of the appropriate county jail.
b. The State Treasurer or county treasurer shall file a claim with the health insurance plan for a reimbursement of the costs incurred by the State or the county, in providing any medical care, surgery, hospitalization or treatment to any [inmate] incarcerated person who is covered under a health insurance plan. The claim shall be filed in accordance with the rules and regulations promulgated pursuant to subsection f. of this section.
The reimbursements authorized under this subsection shall be payable to the State Treasurer or the county treasurer and shall be used exclusively for the purpose of defraying the costs incurred by the State or the county in providing medical care, surgery, dental care, hospitalization or treatment to an [inmate] incarcerated person.
c. Nothing in Title 30 of the Revised Statutes concerning the responsibility of the commissioner to provide for the care and custody of the [inmates] incarcerated persons in a State correctional facility under the commissioner's control shall be construed to prohibit, restrict or otherwise hinder the State in seeking reimbursement in accordance with the provisions of this act from an [inmate] incarcerated person or a health insurance plan for any costs incurred by the State correctional facility in providing medical care, dental care, surgery, hospitalization or treatment to an [inmate] incarcerated person.
d. Nothing in R.S.30:8-17 concerning a sheriff's responsibility to provide for the care and custody of the prisoners or detainees in a jail under his control shall be construed to prohibit, restrict or otherwise hinder the county in seeking reimbursement in accordance with the provisions of this act from an [inmate] incarcerated person or a health insurance plan for any costs incurred by the county jail in providing medical care, dental care, surgery, hospitalization or treatment to an [inmate] incarcerated person.
e. Nothing in R.S.30:8-19 concerning the county governing body's responsibility to provide for the custody and care of the prisoners or detainees in a jail under its control shall be construed to prohibit, restrict or otherwise hinder the county in seeking reimbursement in accordance with the provisions of this act from an [inmate] incarcerated person or a health insurance plan for any costs incurred by the county jail in providing medical care, dental care, surgery, hospitalization or treatment to an [inmate] incarcerated person.
f. The Commissioner of the Department of Insurance, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this section. Those rules and regulations shall include:
(1) Procedures for the filing of the reimbursement claims permitted under this section;
(2) Provisions specifying the primary coverage responsibilities of health insurance plans, subject to the provisions of this section; and
(3) Such other matters as the Commissioner of the Department of Insurance may deem appropriate and necessary.
g. Nothing in this act shall be construed to require or allow an [inmate] incarcerated person to obtain services from a doctor, dentist, surgeon or other health care practitioner or facility other than the services provided by a State correctional facility or county jail.
(cf: P.L.1995, c.254, s.3)
67. Section 4 of P.L.1995, c.254 (C.30:7E-4) is amended to read as follows:
4. a. In the event an [inmate] incarcerated person is not covered under a health insurance plan, or if the [inmate's] incarcerated person's insurance plan does not fully cover the costs of any medical care, dental care, surgery, hospitalization or treatment provided by the State or the county, the State or county may have a lien for any unpaid amounts due and payable under the provisions of section 2 of P.L.1995, c.254 (C.30:7E-2) on any and all property and income to which the person shall have or may acquire an interest. If an [inmate] incarcerated person fails to reimburse the State or county, for the cost of or any fee charged for the cost of any prescription or nonprescription drug or medicine, as provided pursuant to section 2 of P.L.1995, c.254 (C.30:7E-2) the State or county may also have a lien on any or all property or income which the [inmate] incarcerated person shall have or may acquire an interest. When properly filed as hereinafter provided, the lien shall have priority over all unrecorded encumbrances.
b. The lien shall be in a form to be prescribed by the State Treasurer and shall contain the words "State of New Jersey" or the name of the county, the name of the [inmate] incarcerated person, the date of commitment or detention, the [inmate's] incarcerated person's address on the date of commitment or detention, the [inmate's] incarcerated person's date of birth and the amount due and payable for any medical care, dental care, surgery, hospitalization, treatment, or prescription or nonprescription drugs or medicines rendered therein on the date of the filing of the lien, together with notice of the rate of accumulation, if any, thereafter. The lien shall be signed by the State Treasurer or the county treasurer or his duly constituted agent. Nothing herein shall preclude the State or county from recovering for any medical care, surgery, hospitalization, treatment, or nonprescription drug or medicine furnished but not covered by any lien.
c. As an additional remedy, the State Treasurer, county treasurer or commissioner may issue a certificate to the clerk of the Superior Court stating that the person identified in the certificate is indebted under the provisions of this act in such an amount as shall be stated in the certificate. The certificate shall reference the statute under which the indebtedness arises. Thereupon the clerk shall immediately enter upon the record of docketed judgments the name of such [inmate] incarcerated person as debtor; the State or county as creditor; the address of such [inmate] incarcerated person if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the debt is assessed; and the date of making such entries. The docketing of the certificate shall have the same force and effect as a civil judgment docketed in the Superior Court and the State or county shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in action, but without prejudice to any right to appeal. Upon entry by the clerk of the certificate in the record of docketed judgments in accordance with the provisions of this subsection, interest in the amount specified by court rule for post-judgment interest shall accrue from the date of the docketing of the certificate; provided, however, payment of the interest may be waived by the State Treasurer or county treasurer. In the event that the debt remains unpaid following the issuance of the certificate of debt and either the State Treasurer or county treasurer take any further collections action including referral of the matter to the Attorney General or his designee or in the case of a county, referral or the matter to the county adjustor or his designee, the fee imposed in lieu of the actual cost of collection, may be 20% of the debt or $200.00, whichever is greater.
d. The clerk of the Superior Court shall provide suitable books in which shall be entered copies of the liens filed pursuant to this section. The entries shall be properly indexed in the name of the [inmate] incarcerated person.
All liens and other papers incidental thereto required for the purposes of this section shall be received and recorded by the clerk of the Superior Court, without payment of fees.
e. To discharge any lien or liens filed pursuant to this section, the State Treasurer or county treasurer or his duly constituted agent shall file with the clerk of the Superior Court, a duly acknowledged certificate setting forth the fact that the county desires to discharge the lien of record.
The State Treasurer or county treasurer is authorized to compromise for settlement any lien filed under the provisions of this section for medical care, dental care, surgery, hospitalization or treatment rendered to an [inmate] incarcerated person. A memorandum of compromise and settlement signed by the State Treasurer or county treasurer shall be sufficient authorization for a complete discharge of the lien.
f. Any person desiring to secure immediate discharge of any lien may deposit with the court cash in an amount sufficient to cover the amount of the lien, or post a bond in an amount and with sureties approved by the court. Upon proper notice to the State or county of such deposit or bond, a satisfaction of the lien shall be filed forthwith with the clerk of the Superior Court.
g. Any person affected in any manner, whether directly or indirectly by any lien filed under the provisions of this section, and desiring to examine the validity of the lien or the facts and circumstances surrounding the entry of the lien, may do so in an action brought in the county where the lien was filed. The action shall be brought against the State or county institution claiming the lien, and the court may proceed in the action in a summary manner and enter such judgment as it may deem appropriate.
(cf: P.L.1995, c.254, s.4)
68. Section 5 of P.L.1995, c.254 (C.30:7E-5) is amended to read as follows:
5. Notwithstanding the provisions of sections 2, 3 and 4 this act, no [inmate] incarcerated person shall be denied medical care, surgery, dental care, hospitalization, treatment or prescription or nonprescription drugs or medicine because he is not covered under a health insurance plan or because that [inmate] incarcerated person is unable to reimburse the State or county for the costs of those services, drugs or medicines.
(cf: P.L.1995, c.254, s.5)
69. Section 11 of P.L.2017, c.176 (C.30:7E-7) is amended to read as follows:
11. a. Notwithstanding the provisions of any other law or regulation to the contrary, any contract between a health care provider and the New Jersey Department of Corrections, the Juvenile Justice Commission, the State Parole Board, or any other State or local entity, which contract provides health care services to the State's [inmate] incarcerated person population, shall not contain any provision that discriminates, and the State or local entity contracting for services shall ensure there is no discrimination, on the basis of a person's gender identity or expression or on the basis that the person is a transgender person.
b. The discrimination prohibited by this section shall include:
(1) denying, cancelling, limiting or refusing to issue or renew a contract on the basis of a covered person's or prospective covered person's gender identity or expression, or for the reason that the covered person or prospective covered person is a transgender person;
(2) demanding or requiring a payment or premium that is based in whole or in part on a covered person's or prospective covered person's gender identity or expression, or for the reason that the covered person or prospective covered person is a transgender person;
(3) designating a covered person's or prospective covered person's gender identity or expression, or the fact that a covered person or prospective covered person is a transgender person, as a preexisting condition for which coverage will be denied or limited; or
(4) denying or limiting coverage, or denying a claim, for services including but not limited to the following, due to a covered person's gender identity or expression or for the reason that the covered person is a transgender person:
(a) health care services related to gender transition if coverage is available for those services under the contract when the services are not related to gender transition, including but not limited to hormone therapy, hysterectomy, mastectomy, and vocal training; or
(b) health care services that are ordinarily or exclusively available to individuals of one sex when the denial or limitation is due only to the fact that the covered person is enrolled as belonging to the other sex or has undergone, or is in the process of undergoing, gender transition.
c. For the purposes of this section:
"Gender expression" means a person's gender-related appearance and behavior, whether or not stereotypically associated with the person's assigned sex at birth.
"Gender identity" means a person's internal sense of their own gender, regardless of the sex the person was assigned at birth.
"Gender transition" means the process of changing a person's outward appearance, including physical sex characteristics, to accord with the person's actual gender identity.
"Transgender person" means a person who identifies as a gender different from the sex assigned to the person at birth.
d. Nothing in this section shall preclude a State or local entity contracting for services pursuant to this section from performing utilization review, including periodic review of the medical necessity of a particular service.
(cf: P.L.2017, c.176, s.11)
70. R.S.30:8-11 is amended to read as follows:
The matron or matrons of the county jail appointed under authority of section 30:8-10 of this title shall have care and control over all females committed to such county jail, subject to the authority of the sheriff of such county; and, subject to the authority of the sheriff, so far as practicable, she or they shall arrange for the segregation of the female [inmates] incarcerated persons of such institution and, in general, have charge and control over all matters pertaining to the welfare, both physical and moral, of the female [inmates] incarcerated persons of such institution. Such matron or matrons shall make an annual report to the board of chosen freeholders of such county respecting the general condition of the female [inmates] incarcerated persons of such institution, each year, with recommendations concerning the necessary steps to be taken for the improvement of the welfare, both moral and physical, of such female [inmates] incarcerated persons of such institution, as observed by her or them.
(cf: R.S.30:8-11)
71. R.S.30:8-16 is amended to read as follows:
The keeper of every jail or other penal or reformatory institution supported by public moneys of any county or municipality, shall keep a book provided by the board of freeholders in the county where the institution shall be, in which he shall set forth the date of entry, date of discharge, the description, age, birthplace and such other information as he may be able to obtain as to the [inmates] incarcerated persons committed to his care, which book shall be exposed in a conspicuous place in the institution and shall be open to public inspection.
(cf: R.S.30:8-16)
72. Section 6 of P.L.2021, c.312 (C.30:8-16.14) is amended to read as follows:
6. The chief executive officer, warden, or keeper of each county correctional facility shall provide to each [inmate] incarcerated person incarcerated for 90 days or longer at least 30 days prior to release from a facility:
a. a copy of the [inmate's] incarcerated person's criminal history record and written information on the [inmate's] incarcerated person's right to have the [inmate's] incarcerated person's criminal records expunged under chapter 52 of Title 2C of the New Jersey Statutes;
b. general written information on the [inmate's] incarcerated person's right to vote under R.S.19:4-1;
c. general written information on the availability of programs, including faith-based and secular programs, that would assist in removing barriers to the [inmate's] incarcerated person's employment or participation in vocational or educational rehabilitative programs, including but not limited to, information concerning the "Rehabilitated Convicted Offenders Act," P.L.1968, c.282 (C.2A:168A-1 et seq.) and the certificate of rehabilitation under P.L.2007, c.327 (C.2A:168A-7 et seq.);
d. a detailed written record of the [inmate's] incarcerated person's participation in educational, training, employment, and medical or other treatment programs while the [inmate] incarcerated person was incarcerated;
e. a written accounting of the fines, assessments, surcharges, restitution, penalties, child support arrearages, and any other obligations due and payable by the [inmate] incarcerated person upon release;
f. a copy of the [inmate's] incarcerated person's birth certificate if the [inmate] incarcerated person was born in New Jersey;
g. assistance in obtaining a Social Security card;
h. a one-day New Jersey bus or rail pass;
i. a two-week supply of prescription medication and, to the extent consistent with clinical guidelines, a two-week prescription order with two additional refills;
j. general written information concerning child support, including child support payments owed by the [inmate] incarcerated person, information on how to seek child support payments and information on where to seek services regarding child support, child custody, and establishing parentage; and
k. a medical discharge summary, which shall include instructions on how to obtain from the superintendent a copy of the [inmate's] incarcerated person's full medical record; upon request from the [inmate] incarcerated person, the superintendent shall provide a copy of the [inmate's] incarcerated person's full medical record in a safe and secure manner, at no charge to the [inmate] incarcerated person; the superintendent shall comply with rules and regulations, adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that ensure that these records are expeditiously and securely provided in a manner consistent with the provision of medical records by other providers.
(cf: P.L.2021, c.312, s.6)
73. Section 8 of P.L.2021, c.312 (C.30:8-16.16) is amended to read as follows:
8. a. The chief executive officer, warden, or keeper of each county correctional facility shall provide to the appropriate county welfare agency or board of social services, in advance of the release of an [inmate] incarcerated person who has been incarcerated for 90 days or longer, the [inmate's] incarcerated person's name, release date, and contact information, which shall include, but not be limited to, a telephone number or an email address.
b. The chief executive officer, warden, or keeper of each county correctional facility shall, with the [inmate's] incarcerated person's consent, provide to the reentry organization selected as a residential address pursuant to subsection d. of section 4 of this bill, in advance of the release of an [inmate] incarcerated person who has been incarcerated for 90 days or longer, the information required in subsection a. of this section unless the [inmate] incarcerated person requests that the information not be forwarded.
(cf: P.L.2021, c.312, s.8)
74. Section 10 of P.L.2021, c.312 (C.30:8-16.17) is amended to read as follows:
10. a. As soon as practicable but not less than 30 days prior to the release of an [inmate] incarcerated person incarcerated for 90 days or longer, the chief executive officer, warden, or keeper of each county correctional facility shall ensure that an [inmate] incarcerated person is assisted with completing, obtaining any required signatures or authorizations for, and forwarding for processing to the Department of Human Services an online application for enrollment in the Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
b. In addition to the requirements of subsection a. of this section, the chief executive officer, warden, or keeper also shall ensure that such [inmate] incarcerated person is assisted in completing, obtaining any required signatures or authorizations for, and forwarding for processing to the appropriate county welfare agency or board of social services, as soon as practicable but not less than 30 days prior to an [inmate's] incarcerated person's release from incarceration, online applications for enrollment in the following programs:
(1) the Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C. s.2011 et seq.); and
(2) the Work First New Jersey program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.), which shall include, for [inmates] incarcerated persons who are unable to identify a residence at the time of release, the application for emergency assistance benefits issued to Work First New Jersey recipients pursuant to section 8 of P.L.1997, c.14 (C.44:10-51).
c. The Department of Human Services shall be required to accept and process the online applications for Medicaid received from the county correctional facilities pursuant to subsection a. of this section.
d. If an [inmate] incarcerated person is unable to identify a residence at the time of application for benefits pursuant to this section, the chief executive officer, warden, or keeper of each county correctional facility, with the [inmate's] incarcerated person's consent, shall ensure that the address of the reentry organization is used for the purposes of establishing proof of residence to meet any applicable eligibility requirements. The chief executive officer, warden, or keeper of each county correctional facility shall ensure that all [inmates] incarcerated persons incarcerated for 90 days or longer are educated on their ability to select a reentry organization as a residential address pursuant to this subsection.
e. All State, county, and municipal agencies, for the purposes of establishing applicable eligibility requirements, shall:
(1) accept the address of the reentry organization for an [inmate] incarcerated person who is unable to identify a residence at the time of application for benefits; and
(2) accept an [inmate's] incarcerated person's county correctional facility identification card to establish the [inmate's] incarcerated person's identity.
f. An [inmate] incarcerated person who appears to be eligible for Work First New Jersey assistance shall be screened for immediate need assistance.
(cf: P.L.2021, c.312, s.10)
75. Section 9 of P.L.2021, c.312 (C.30:8-16.18) is amended to read as follows:
9. a. The New Jersey Motor Vehicle Commission shall accept a former [inmate's] incarcerated person's county correctional facility identification card as two points for the purposes of applying for a non-driver identification card.
b. An [inmate's] incarcerated person's county correctional facility identification card shall be accepted by all State, county, and municipal agencies and New Jersey nonprofit organizations for six months following the date of release from incarceration to allow the released [inmate] incarcerated person to gain access to services for which the [inmate] incarcerated person is deemed eligible including, but not limited to, establishing the [inmate's] incarcerated person's identity.
c. Notwithstanding the provisions of subsection b. of this section, whenever the Motor Vehicle Commission agencies are closed during a declared public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), a state of emergency, pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.), or both, the [inmate's] incarcerated person's Department of Corrections identification card shall be accepted by all State, county, and municipal agencies and New Jersey nonprofit organizations in a manner as to allow the released [inmate] incarcerated person to gain access to services for which they are deemed eligible for the duration of the public health emergency.
(cf: P.L.2021, c.312, s.9)
76. Section 11 of P.L.2021, c.312 (C.30:8-16.19) is amended to read as follows:
11. a. The governing body of each county in this State may, by duly adopted ordinance or resolution, appoint a county reentry coordinator who shall be responsible for evaluating the needs of, and navigating the appropriate treatment and services for, each [inmate] incarcerated person in a county correctional facility in this State.
b. The county reentry coordinator shall evaluate each [inmate] incarcerated person in a county correctional facility who has been sentenced to a term of incarceration or ordered detained pending trial following a pretrial detention hearing. The purpose of the evaluation shall be to:
(1) identify which social services and reentry and rehabilitative programs would benefit the [inmate] incarcerated person including, but not limited to, the Work First New Jersey Substance Abuse Initiative;
(2) determine whether the [inmate] incarcerated person is eligible to apply for federal, State, and county public assistance program benefits including, but not limited to, State and federal Supplemental Nutrition Assistance Program benefits, Medicaid, and housing assistance program benefits;
(3) determine whether the [inmate] incarcerated person would benefit from substance use disorder treatment including, but not limited to, medication-assisted treatment; and
(4) identify other appropriate treatment, services, and programs which would benefit the [inmate] incarcerated person.
c. The evaluation required pursuant to subsection b. of this section shall be conducted in conjunction with the clinical screening of [inmates] incarcerated persons as part of the initial classification process.
d. The county reentry coordinator shall offer assistance to the [inmate] incarcerated person in accessing any services deemed appropriate for the [inmate] incarcerated person, based on the evaluation conducted pursuant to subsection b. of this section, by:
(1) assisting the [inmate] incarcerated person with scheduling and otherwise accessing appropriate treatment, services, and programming upon the [inmate's] incarcerated person's release from the facility;
(2) providing information concerning, and assistance in completing, applications for appropriate State and county public assistance program benefits which shall include, but not be limited to, State and federal Supplemental Nutrition Assistance Program benefits, Medicaid, and housing assistance program benefits. The county reentry coordinator shall make every effort to ensure that the [inmate] incarcerated person is actively enrolled in appropriate programming upon or as soon as practicable following the [inmate's] incarcerated person's release from the facility;
(3) providing information concerning available substance use disorder treatment and services including, but not limited to, medication-assisted treatment. The county reentry coordinator shall assist the [inmate] incarcerated person with scheduling and otherwise accessing appropriate treatment and services upon the [inmate's] incarcerated person's release from the facility;
(4) providing information concerning relevant social services and reentry and rehabilitative programs including, but not limited to, the Work First New Jersey Substance Abuse Initiative. The county reentry coordinator shall assist the [inmate] incarcerated person with completing applications for and otherwise accessing appropriate services and programming upon the [inmate's] incarcerated person's release from the facility;
(5) providing information concerning services provided by the State's One-Stop Career Centers. The county reentry coordinator shall schedule appointments for the [inmate] incarcerated person to meet with representatives from the career center and shall register the [inmate] incarcerated person for participation in any mandatory programming upon the [inmate's] incarcerated person's release from the facility;
(6) providing information concerning insurance eligibility and assistance in completing applications for insurance coverage; the county reentry coordinator shall make every effort to ensure that coverage for the [inmate] incarcerated person is active upon or as soon as practicable following the [inmate's] incarcerated person's release from the facility; and
(7) providing information concerning any other treatment, services, and programming deemed appropriate based on the evaluation required pursuant to this section.
e. The county reentry coordinator also shall:
(1) provide assistance to each [inmate] incarcerated person, upon release from a county correctional facility, with obtaining a non-driver identification card;
(2) ensure, to the best of the coordinator's ability, and conditioned on discharge information provided by the Administrative Office of the Courts, that each [inmate] incarcerated person is released from custody during regular business hours so that the [inmate] incarcerated person may access appropriate treatment and services immediately upon release; and
(3) ensure each [inmate] incarcerated person at the time of discharge is provided with the prescription medication required pursuant to paragraph (9) of subsection a. of section 6 of P.L.2021, c.312 (C.30:8-16.14).
f. The county reentry coordinator shall consult and coordinate with the county board of social services or welfare agency, as appropriate, when providing information or assistance with respect to a benefit or service administered by the board or welfare agency.
(cf: P.L.2021, c.312, s.11)
77. Section 12 of P.L.2021, c.312 (C.30:8-16.20) is amended to read as follows:
12. a. The county reentry coordinator shall record data regarding: the number of [inmates] incarcerated persons who are offered services pursuant to section 10 of P.L.2021, c.312 (C.30:8-16.17); the number of [inmates] incarcerated persons who accept the services offered; the types of services provided to each [inmate] incarcerated person who accepts the services offered; the race, gender, ethnicity, and age of each [inmate] incarcerated person; a record of any crimes committed by [inmates] incarcerated persons who are released from the facility and the types of crimes committed for a period of three years following the [inmate's] incarcerated person's release; and the number of [inmates] incarcerated persons who were not released, and the reasons why they were not released, from a county correctional facility during regular business hours.
b. The data shall be analyzed to determine whether the rates and nature of rearrests and convictions differ according to whether an [inmate] incarcerated person received services in accordance with section 10 of P.L.2021, c.312 (C.30:8-16.17). The county reentry coordinator shall annually prepare and transmit the findings to the chief executive officer, warden, or keeper of each county correctional facility, as appropriate; the superintendent, director, or other chief administrative officer of the County Board of Social Services or welfare agency, as appropriate; the governing body of the county in which the correctional facility is located; and the Commissioner of Corrections.
(cf: P.L.2021, c.312, s.12)
78. Section 13 of P.L.2021, c.312 (C.30:8-16.21) is amended to read as follows:
13. The county reentry coordinator shall, in collaboration with the chief executive officer, warden, or keeper of a county correctional facility, develop peer counseling programs in the county correctional facility that support the treatment of county [inmates] incarcerated persons with substance use disorders. The warden, director, or administrator may additionally develop initiatives to provide [inmates] incarcerated persons in the custody of the county correctional facility with access to professional substance use disorder counseling.
(cf: P.L.2021, c.312, s.13)
79. Section 14 of P.L.2021, c.312 (C.30:8-16.22) is amended to read as follows:
14. a. The county reentry coordinator shall meet annually with community stakeholders who may offer guidance for evaluating the needs of and providing services to [inmates] incarcerated persons in county correctional facilities including, but not limited to:
(1) the Commissioner of Corrections, or a designee;
(2) the Commissioner of Human Services, or a designee;
(3) the chief executive officer, warden, or keeper of the county correctional facility;
(4) the superintendent, director, or other chief administrative officer of the County Board of Social Services or welfare agency, as appropriate;
(5) the county human services director, or a designee;
(6) the county mental health administrator, or a designee;
(7) the president of a county community college, or a designee;
(8) reentry services providers in the county;
(9) substance use disorder treatment providers in the county; and
(10) a person who previously has received substance use disorder services in the county.
b. Based on the guidance received during the meetings conducted pursuant to subsection a. of this section, the county reentry coordinator shall:
(1) establish best practices for preparing county [inmates] incarcerated persons for release;
(2) identify services available in the county that may be needed by [inmates] incarcerated persons upon release from a county correctional facility including, but not limited to, housing, food, medical care, clothing, substance use disorder treatment; mental health services, employment assistance, and education assistance;
(3) make appropriate recommendations to the county correctional facility and County Board of Social Services or welfare agency with respect to preparing county [inmates] incarcerated persons for successful reentry into the community and reducing recidivism.
(cf: P.L.2021, c.312, s.14)
80. Section 2 of P.L.1956, c.214 (C.30:8-16.2) is amended to read as follows:
2. It shall be lawful for any board of county commissioners in this State to erect and maintain as a part of its jail, workhouse or penitentiary, a suitable building, buildings or additions for the treatment, while confined in such jail, workhouse or penitentiary, of [inmates] incarcerated persons having a history of substance use disorder; such board shall have power to appropriate and expend the moneys necessary in its judgment for such purpose.
(cf: P.L.2023, c.177, c.106)
81. R.S.30:8-26 is amended to read as follows:
The county governing body may establish a wage system for payment to prisoners for their services upon work carried on by such governing body or by any board, commission or institution that receives funds from the county. Such wage system may include in its provisions all prisoners employed in any work or service necessary for the maintenance of the county jail or its [inmates] incarcerated persons; but the wage allowed each prisoner shall not exceed fifty cents for each day of eight hours' work by such prisoners.
The county governing body is
authorized to withdraw from moneys paid to prisoners sufficient moneys, in an
amount not to exceed one-third of the [inmate's] incarcerated
person's total income, as may be required to pay any penalty assessment,
restitution
or fine ordered as part of any sentence.
(cf: P.L.1985, c.251, s.4)
82. Section 1 of P.L.1981, c.140 (C.30:8-28.4) is amended to read as follows:
1. a. The [inmates] incarcerated persons of all county penal institutions established and maintained pursuant to chapter 8 of Title 30 of the Revised Statutes who may be employed in such productive occupations as are consistent with their health, strength and mental capacity shall receive compensation in such employment as the governing body of the county may establish.
Compensation for [inmates] incarcerated persons may be in the form of cash or remission of time from sentence or both. Remission from time of sentence shall be in accordance with rules and regulations promulgated by the Department of Corrections, but shall not exceed 1 day for each 5 days of productive occupation. Remission granted under this act shall in no way affect deductions for good behavior as provided by law.
b. The Department of Corrections shall promulgate and enforce rules and regulations for the operation of this act in accordance with the provisions hereof.
c. All county [inmates] incarcerated persons classified as minimum security prisoners who are determined to be sufficiently trustworthy by the warden to be employed in honor camps, farm details, or details of work at public buildings or property, shall receive additional remission of time from sentence at the rate of 3 days per month for each month of such labors.
(cf: P.L.1981, c.140, s.1)
83. R.S.30:8-32 is amended to read as follows:
A county workhouse shall be under the direction, superintendence and government of the board of chosen freeholders who may appoint a workhouse master and such other employees as may be necessary and make such regulations, ordinances and by-laws, not contrary to the constitution or laws of this state, for the government of the workhouse and the confinement and labor of the [inmates] incarcerated persons as they shall from time to time deem necessary or convenient.
(cf: R.S.30:8-32)
84. R.S.30:8-42 is amended to read as follows:
The county governing body may establish a wage system for payment to prisoners for services in work carried on by such governing body or by any board, commission or institution that receives funds from the county. Such wage system may include all prisoners employed in any work or service necessary for the maintenance of the workhouse or penitentiary or their [inmates] incarcerated persons. The wage allowed each prisoner shall not exceed fifty cents for each day of eight hours' work by such prisoners. In the payment of wages to prisoners preference shall be given to those who have persons legally dependent upon them for support.
The county governing body is authorized to withdraw from moneys paid to prisoners sufficient moneys, in an amount not to exceed one-third of the [inmate's] incarcerated person's total income, as may be required to pay any penalty assessment, restitution or fine ordered as part of any sentence.
(cf: P.L.1985, c.251, s.5)
85. Section 1 of P.L.1981, c.265 (C.30:8-48.1) is amended to read as follows:
1. a. The governing body of any county which has adopted the provisions of the act to which this act is a supplement may, by ordinance or resolution, as appropriate, establish a program for the housing in an institution or facility operated by a nonprofit organization providing for the care, custody, subsistence, education, training, and welfare of [inmates] incarcerated persons, of any person at outside labor or permitted to attend a vocational training course.
b. Upon the adoption of the ordinance or resolution any eligible [inmate] incarcerated person may be transferred to such nonprofit institution or facility by order of the sentencing judge at the time of sentencing, or by the sentencing judge or the assignment judge of the county at any time during the term of the sentence. The court or the assignment judge ordering the transfer of an [inmate] incarcerated person shall do so on the basis of whether or not the transfer of the [inmate] incarcerated person to the facility or institution is appropriate to the needs and welfare of the [inmate] incarcerated person and other [inmates] incarcerated persons, and to the security of the county jail, workhouse or penitentiary. The sentencing judge or the assignment judge shall designate the institution or facility to which the person is to be transferred and may, at any time, require that an [inmate] incarcerated person residing in the facility or institution be sent to the county jail, workhouse or penitentiary to serve the remainder of the sentence.
(cf: P.L.1981, c.265, s.1)
86. Section 2 of P.L.1981, c.265 (C.30:8-48.2) is amended to read as follows:
2. The governing body of a county which has adopted an ordinance or resolution pursuant to this act shall enter into contracts for the housing of [inmates] incarcerated persons with any organization operating a facility or institution designated by the sentencing judge or assignment judge.
It shall be the responsibility of the county governing body or its designated representative to insure that each facility or institution is a secure and appropriately supervised place of confinement and that all units are inspected annually. The county governing body may promulgate standards to insure that facilities and institutions were [inmates] incarcerated persons are residing are appropriate for the housing of such persons.
(cf: P.L.1981, c.265, s.2)
87. Section 1 of P.L.1979, c.472 (C.30:8-57) is amended to read as follows:
1. If the Commissioner of the Department of Corrections shall determine that a county jail, workhouse or penitentiary is in willful and continuous disregard of the minimum standards for such facilities promulgated by the department pursuant to section 10 of P.L.1976, c. 98 (C. 30:1B-10), he shall order a phased restriction of admission of new [inmates] incarcerated persons to such facility. Upon such determination, the commissioner shall notify the county governing body of his decision to impose such a restriction, which notification shall include a written statement specifying the reasons therefor. If the commissioner shall determine that no appropriate action has been initiated within 60 days following such notification to correct the violations specified in the notice, he shall order the following:
a. That such county jail, workhouse or penitentiary shall immediately cease to admit persons sentenced to State penal facilities and awaiting transfer or admittance to such facilities;
b. That such county jail, workhouse or penitentiary shall, upon the expiration of 30 days after such order, immediately cease to admit persons sentenced to terms in said county penal facility; and,
c. That such county jail, workhouse or penitentiary shall, upon the expiration of 90 days after such order, immediately cease to admit all persons sent to said facility.
Any county jail, workhouse or penitentiary so restricted shall continue under such order until such time as the commissioner determines that the violations specified in the notice have been corrected or that the facility has initiated actions which will ensure the correction of said violations.
(cf: P.L.1979, c.472, s.1)
88. Section 2 of P.L.1979, c.472 (C.30:8-58) is amended to read as follows:
2. Upon the issuance of an order pursuant to section 1 of this act, the commissioner shall locate [inmates] incarcerated persons assigned to any facility so restricted by such order within other State or county penal facilities. The commissioner shall determine which other State or county penal facilities have adequate room for such [inmates] incarcerated persons and shall assign them on the basis of available space; provided, however, that such assignments shall conform to all statutory requirements providing for the classification of [inmates] incarcerated persons. Any State or county penal facilities ordered to accept such [inmates] incarcerated persons shall do so within 5 days following the issuance of an order pursuant to section 1 of this act. Any county jail, workhouse or penitentiary restricted by an order issued pursuant to section 1 of this act shall assume responsibility for all transportation of any person sent to another penal facility so long as such order shall remain in effect.
(cf: P.L.1979, c.472, s.2)
89. Section 3 of P.L.1979, c.472 (C.30:8-59) is amended to read as follows:
3. The governing body of a county whose jail, workhouse or penitentiary has been prohibited from accepting new [inmates] incarcerated persons, and whose [inmates] incarcerated persons have been assigned to other penal facilities pursuant to section 2 of this act, shall appropriate an amount to repay the Department of Corrections for the custody, care, maintenance, and for all other services normally provided by the county to [inmates] incarcerated persons of such facilities. For the first full calendar year, or portion thereof, following the effective date of this act said payment shall be $60.00 a day for each [inmate] incarcerated person, and said sum shall increase 5% per annum each year thereafter. Any facility receiving [inmates] incarcerated persons pursuant to section 2 of this act shall receive from the Department of Corrections $60.00 per day for each [inmate] incarcerated person sent to the institution for the first full calendar year, or portion thereof, following the effective date of this act. Such sum shall increase by 5% per annum each year thereafter.
(cf: P.L.1979, c.472, s.3)
90. Section 8 of P.L.1997, c.81 (C.30:8-68) is amended to read as follows:
8. Notwithstanding any other provisions of law to the contrary concerning primary parole eligibility dates and parole release dates of juvenile [inmates] incarcerated persons, whenever a person successfully completes a juvenile offender rehabilitation program established and maintained pursuant to this act, the sentencing judge shall determine whether that person shall be required to serve parole.
(cf: P.L.1997, c.81, s.8)
91. Section 1 of P.L.1982, c.133 (C.40A:9-117.6) is amended to read as follows
1. The sheriff of each county shall, subject to the budget of the county, appoint such persons as may be necessary, to the position of sheriff's officer, pursuant to the provisions of Title 11 of the Revised Statutes, where applicable, to perform the duties involved in attending the courts heretofore performed by court attendants, or in serving court processes, or in the investigation and apprehension of violators of the law, or in criminal identification, or in ballistics, or in any related work which the sheriff shall, from time to time prescribe and as shall be determined to be appropriate by the Civil Service Commission. Except as provided herein, no such officer shall be assigned to any penal institution, jail, penitentiary, county correction center or workhouse for the purpose of guarding, having custody of, or being charged with the rehabilitation of any [inmate] incarcerated person housed therein, except upon emergency conditions. Any sheriff's officer who, on the effective date of this act, is assigned to any penal institution, jail, penitentiary, county correction center, or workhouse for the purpose of guarding, having custody of, or being charged with the rehabilitation of any [inmate] incarcerated person housed therein, may continue to serve in such capacity until such officer is reassigned or terminated, at which time the position shall be filled with an individual in a title appropriate to the duties to be performed.
(cf: P.L.1984, c.35, s.3)
92. Section 1 of P.L.1999, c.398 (C.43:16A-1.5) is amended to read as follows:
1. a. As used in this act, "jail warden" means any paid, permanent, uniformed, full-time employee of a county correctional facility who is engaged in the protection, custody, and discipline of facility [inmates] incarcerated persons and who is subject to the training and physical and mental fitness requirements established by the employer. "Jail warden" also means any administrative or supervisory employee of a county correctional facility whose duties include general or direct supervision or training of employees engaged in the protection, custody, and discipline of facility [inmates] incarcerated persons.
b. Notwithstanding any law, rule or regulation to the contrary, any corrections officer who is enrolled and vested in the Police and Firemen's Retirement System on or after the effective date of this act may, at the election of the officer, remain in the Police and Firemen's Retirement System if the officer is promoted or transferred to the position of jail warden.
(cf: P.L.1999, c.398 s.1)
93. R.S.43:21-19 is amended to read as follows:
43:21-19. Definitions. As used in this chapter (R.S.43:21-1 et seq.), unless the context clearly requires otherwise:
(a) (1) "Annual payroll" means the total amount of wages paid during a calendar year (regardless of when earned) by an employer for employment.
(2) "Average annual payroll" means the average of the annual payrolls of any employer for the last three or five preceding calendar years, whichever average is higher, except that any year or years throughout which an employer has had no "annual payroll" because of military service shall be deleted from the reckoning; the "average annual payroll" in such case is to be determined on the basis of the prior three or five calendar years in each of which the employer had an "annual payroll" in the operation of his business, if the employer resumes his business within 12 months after separation, discharge or release from such service, under conditions other than dishonorable, and makes application to have his "average annual payroll" determined on the basis of such deletion within 12 months after he resumes his business; provided, however, that "average annual payroll" solely for the purposes of paragraph (3) of subsection (e) of R.S.43:21-7 means the average of the annual payrolls of any employer on which he paid contributions to the State disability benefits fund for the last three or five preceding calendar years, whichever average is higher; provided further that only those wages be included on which employer contributions have been paid on or before January 31 (or the next succeeding day if such January 31 is a Saturday or Sunday) immediately preceding the beginning of the 12-month period for which the employer's contribution rate is computed.
(b) "Benefits" means the money payments payable to an individual, as provided in this chapter (R.S.43:21-1 et seq.), with respect to his unemployment.
(c) (1) "Base year" with respect to benefit years commencing on or after July 1, 1986, shall mean the first four of the last five completed calendar quarters immediately preceding an individual's benefit year.
With respect to a benefit year commencing on or after July 1, 1995, if an individual does not have sufficient qualifying weeks or wages in his base year to qualify for benefits, the individual shall have the option of designating that his base year shall be the "alternative base year," which means the last four completed calendar quarters immediately preceding the individual's benefit year; except that, with respect to a benefit year commencing on or after October 1, 1995, if the individual also does not have sufficient qualifying weeks or wages in the last four completed calendar quarters immediately preceding his benefit year to qualify for benefits, "alternative base year" means the last three completed calendar quarters immediately preceding his benefit year and, of the calendar quarter in which the benefit year commences, the portion of the quarter which occurs before the commencing of the benefit year.
The division shall inform the individual of his options under this section as amended by P.L.1995, c.234. If information regarding weeks and wages for the calendar quarter or quarters immediately preceding the benefit year is not available to the division from the regular quarterly reports of wage information and the division is not able to obtain the information using other means pursuant to State or federal law, the division may base the determination of eligibility for benefits on the affidavit of an individual with respect to weeks and wages for that calendar quarter. The individual shall furnish payroll documentation, if available, in support of the affidavit. A determination of benefits based on an alternative base year shall be adjusted when the quarterly report of wage information from the employer is received if that information causes a change in the determination.
(2) With respect to a benefit year commencing on or after June 1, 1990 for an individual who immediately preceding the benefit year was subject to a disability compensable under the provisions of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), "base year" shall mean the first four of the last five completed calendar quarters immediately preceding the individual's period of disability, if the employment held by the individual immediately preceding the period of disability is no longer available at the conclusion of that period and the individual files a valid claim for unemployment benefits after the conclusion of that period. For the purposes of this paragraph, "period of disability" means the period defined as a period of disability by section 3 of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-27). An individual who files a claim under the provisions of this paragraph (2) shall not be regarded as having left work voluntarily for the purposes of subsection (a) of R.S.43:21-5.
(3) With respect to a benefit year commencing on or after June 1, 1990 for an individual who immediately preceding the benefit year was subject to a disability compensable under the provisions of the workers' compensation law (chapter 15 of Title 34 of the Revised Statutes), "base year" shall mean the first four of the last five completed calendar quarters immediately preceding the individual's period of disability, if the period of disability was not longer than two years, if the employment held by the individual immediately preceding the period of disability is no longer available at the conclusion of that period and if the individual files a valid claim for unemployment benefits after the conclusion of that period. For the purposes of this paragraph, "period of disability" means the period from the time at which the individual becomes unable to work because of the compensable disability until the time that the individual becomes able to resume work and continue work on a permanent basis. An individual who files a claim under the provisions of this paragraph (3) shall not be regarded as having left work voluntarily for the purposes of subsection (a) of R.S.43:21-5.
(d) "Benefit year" with respect to any individual means the 364 consecutive calendar days beginning with the day on, or as of, which he first files a valid claim for benefits, and thereafter beginning with the day on, or as of, which the individual next files a valid claim for benefits after the termination of his last preceding benefit year. Any claim for benefits made in accordance with subsection (a) of R.S.43:21-6 shall be deemed to be a "valid claim" for the purpose of this subsection if (1) he is unemployed for the week in which, or as of which, he files a claim for benefits; and (2) he has fulfilled the conditions imposed by subsection (e) of R.S.43:21-4.
(e) (1) "Division" means the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development, and any transaction or exercise of authority by the director of the division thereunder, or under this chapter (R.S.43:21-1 et seq.), shall be deemed to be performed by the division.
(2) "Controller" means the Office of the Assistant Commissioner for Finance and Controller of the Department of Labor and Workforce Development, established by the 1982 Reorganization Plan of the Department of Labor.
(f) "Contributions" means the money payments to the State Unemployment Compensation Fund, required by R.S.43:21-7. "Payments in lieu of contributions" means the money payments to the State Unemployment Compensation Fund by employers electing or required to make payments in lieu of contributions, as provided in section 3 or section 4 of P.L.1971, c.346 (C.43:21-7.2 or 43:21-7.3).
(g) "Employing unit" means the State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions or any individual or type of organization, any partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this State. All individuals performing services within this State for any employing unit which maintains two or more separate establishments within this State shall be deemed to be employed by a single employing unit for all the purposes of this chapter (R.S.43:21-1 et seq.). Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this chapter (R.S.43:21-1 et seq.), whether such individual was hired or paid directly by such employing unit or by such agent or employee; provided the employing unit had actual or constructive knowledge of the work.
(h) "Employer" means:
(1) Any employing unit which in either the current or the preceding calendar year paid remuneration for employment in the amount of $1,000.00 or more;
(2) Any employing unit (whether or not an employing unit at the time of acquisition) which acquired the organization, trade or business, or substantially all the assets thereof, of another which, at the time of such acquisition, was an employer subject to this chapter (R.S.43:21-1 et seq.);
(3) Any employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another employing unit and which, if treated as a single unit with such other employing unit, would be an employer under paragraph (1) of this subsection;
(4) Any employing unit which together with one or more other employing units is owned or controlled (by legally enforceable means or otherwise), directly or indirectly by the same interests, or which owns or controls one or more other employing units (by legally enforceable means or otherwise), and which, if treated as a single unit with such other employing unit or interest, would be an employer under paragraph (1) of this subsection;
(5) Any employing unit for which service in employment as defined in R.S.43:21-19(i)(1)(B)(i) is performed after December 31, 1971; and as defined in R.S.43:21-19(i)(1)(B)(ii) is performed after December 31, 1977;
(6) Any employing unit for which service in employment as defined in R.S.43:21-19(i)(1)(c) is performed after December 31, 1971 and which in either the current or the preceding calendar year paid remuneration for employment in the amount of $1,000.00 or more;
(7) Any employing unit not an employer by reason of any other paragraph of this subsection (h) for which, within either the current or preceding calendar year, service is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund; or which, as a condition for approval of the "unemployment compensation law" for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required pursuant to such act to be an employer under this chapter (R.S.43:21-1 et seq.);
(8) (Deleted by amendment, P.L.1977, c.307.)
(9) (Deleted by amendment, P.L.1977, c.307.)
(10) (Deleted by amendment, P.L.1977, c.307.)
(11) Any employing unit subject to the provisions of the Federal Unemployment Tax Act within either the current or the preceding calendar year, except for employment hereinafter excluded under paragraph (7) of subsection (i) of this section;
(12) Any employing unit for which agricultural labor in employment as defined in R.S.43:21-19(i)(1)(I) is performed after December 31, 1977;
(13) Any employing unit for which domestic service in employment as defined in R.S.43:21-19(i)(1)(J) is performed after December 31, 1977;
(14) Any employing unit which having become an employer under the "unemployment compensation law" (R.S.43:21-1 et seq.), has not under R.S.43:21-8 ceased to be an employer; or for the effective period of its election pursuant to R.S.43:21-8, any other employing unit which has elected to become fully subject to this chapter (R.S.43:21-1 et seq.).
(i) (1) "Employment" means:
(A) Any service performed prior to January 1, 1972, which was employment as defined in the "unemployment compensation law" (R.S.43:21-1 et seq.) prior to such date, and, subject to the other provisions of this subsection, service performed on or after January 1, 1972, including service in interstate commerce, performed for remuneration or under any contract of hire, written or oral, express or implied.
(B) (i) Service performed after December 31, 1971 by an individual in the employ of this State or any of its instrumentalities or in the employ of this State and one or more other states or their instrumentalities for a hospital or institution of higher education located in this State, if such service is not excluded from "employment" under paragraph (D) below.
(ii) Service performed after December 31, 1977, in the employ of this State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of the foregoing and one or more other states or political subdivisions, if such service is not excluded from "employment" under paragraph (D) below.
(C) Service performed after December 31, 1971 by an individual in the employ of a religious, charitable, educational, or other organization, which is excluded from "employment" as defined in the Federal Unemployment Tax Act, solely by reason of section 3306 (c)(8) of that act, if such service is not excluded from "employment" under paragraph (D) below.
(D) For the purposes of paragraphs (B) and (C), the term "employment" does not apply to services performed
(i) In the employ of (I) a church or convention or association of churches, or (II) an organization, or school which is operated primarily for religious purposes and which is operated, supervised, controlled or principally supported by a church or convention or association of churches;
(ii) By a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order;
(iii) Prior to January 1, 1978, in the employ of a school which is not an institution of higher education, and after December 31, 1977, in the employ of a governmental entity referred to in R.S.43:21-19(i)(1)(B), if such service is performed by an individual in the exercise of duties
(aa) as an elected official;
(bb) as a member of a legislative body, or a member of the judiciary, of a state or political subdivision;
(cc) as a member of the State National Guard or Air National Guard;
(dd) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency;
(ee) in a position which, under or pursuant to the laws of this State, is designated as a major nontenured policy making or advisory position, or a policy making or advisory position, the performance of the duties of which ordinarily does not require more than eight hours per week; or
(iv) By an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of rehabilitation of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market;
(v) By an individual receiving work-relief or work-training as part of an unemployment work-relief or work-training program assisted in whole or in part by any federal agency or an agency of a state or political subdivision thereof; or
(vi) Prior to January 1, 1978, for a hospital in a State prison or other State correctional institution by an [inmate of] incarcerated person in the prison or correctional institution and after December 31, 1977, by an [inmate of] incarcerated person in a custodial or penal institution.
(E) The term "employment" shall include the services of an individual who is a citizen of the United States, performed outside the United States after December 31, 1971 (except in Canada and in the case of the Virgin Islands, after December 31, 1971) and prior to January 1 of the year following the year in which the U.S. Secretary of Labor approves the unemployment compensation law of the Virgin Islands, under section 3304(a) of the Internal Revenue Code of 1986 (26 U.S.C. s.3304(a)) in the employ of an American employer (other than the service which is deemed employment under the provisions of R.S.43:21-19(i)(2) or (5) or the parallel provisions of another state's unemployment compensation law), if
(i) The American employer's principal place of business in the United States is located in this State; or
(ii) The American employer has no place of business in the United States, but (I) the American employer is an individual who is a resident of this State; or (II) the American employer is a corporation which is organized under the laws of this State; or (III) the American employer is a partnership or trust and the number of partners or trustees who are residents of this State is greater than the number who are residents of another state; or
(iii) None of the criteria of divisions (i) and (ii) of this subparagraph (E) is met but the American employer has elected to become an employer subject to the "unemployment compensation law" (R.S.43:21-1 et seq.) in this State, or the American employer having failed to elect to become an employer in any state, the individual has filed a claim for benefits, based on such service, under the law of this State;
(iv) An "American employer," for the purposes of this subparagraph (E), means (I) an individual who is a resident of the United States; or (II) a partnership, if two-thirds or more of the partners are residents of the United States; or (III) a trust, if all the trustees are residents of the United States; or (IV) a corporation organized under the laws of the United States or of any state.
(F) Notwithstanding R.S.43:21-19(i)(2), all service performed after January 1, 1972 by an officer or member of the crew of an American vessel or American aircraft on or in connection with such vessel or aircraft, if the operating office from which the operations of such vessel or aircraft operating within, or within and without, the United States are ordinarily and regularly supervised, managed, directed, and controlled, is within this State.
(G) Notwithstanding any other provision of this subsection, service in this State with respect to which the taxes required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act is required to be covered under the "unemployment compensation law" (R.S.43:21-1 et seq.).
(H) The term "United States" when used in a geographical sense in subsection R.S.43:21-19(i) includes the states, the District of Columbia, the Commonwealth of Puerto Rico and, effective on the day after the day on which the U.S. Secretary of Labor approves for the first time under section 3304(a) of the Internal Revenue Code of 1986 (26 U.S.C. s.3304(a)) an unemployment compensation law submitted to the Secretary by the Virgin Islands for such approval, the Virgin Islands.
(I) (i) Service performed after December 31, 1977 in agricultural labor in a calendar year for an entity which is an employer as defined in the "unemployment compensation law," (R.S.43:21-1 et seq.) as of January 1 of such year; or for an employing unit which
(aa) during any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000.00 or more for individuals employed in agricultural labor, or
(bb) for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment in time.
(ii) for the purposes of this subsection any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other entity shall be treated as an employee of such crew leader
(aa) if such crew leader holds a certification of registration under the Migrant and Seasonal Agricultural Worker Protection Act, Pub.L.97-470 (29 U.S.C. s.1801 et seq.), or P.L.1971, c.192 (C.34:8A-7 et seq.); or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment, which is provided by such crew leader; and
(bb) if such individual is not an employee of such other person for whom services were performed.
(iii) For the purposes of subparagraph (I)(i) in the case of any individual who is furnished by a crew leader to perform service in agricultural labor or any other entity and who is not treated as an employee of such crew leader under (I)(ii)
(aa) such other entity and not the crew leader shall be treated as the employer of such individual; and
(bb) such other entity shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader (either on his own behalf or on behalf of such other entity) for the service in agricultural labor performed for such other entity.
(iv) For the purpose of subparagraph (I)(ii), the term "crew leader" means an individual who
(aa) furnishes individuals to perform service in agricultural labor for any other entity;
(bb) pays (either on his own behalf or on behalf of such other entity) the individuals so furnished by him for the service in agricultural labor performed by them; and
(cc) has not entered into a written agreement with such other entity under which such individual is designated as an employee of such other entity.
(J) (i) Domestic service after December 31, 1977 and before the effective date of P.L.2023, c.262 (C.34:11-69 et al.) performed in the private home of an employing unit which paid cash remuneration of $1,000.00 or more to one or more individuals for such domestic service in any calendar quarter in the current or preceding calendar year.
(ii) Domestic services after the effective date of P.L.2023, c.262 (C.34:11-69 et al.), performed in the private home of an employing unit which in either the current or preceding calendar year paid remuneration for employment in the amount of $1,000 or more.
(2) The term "employment" shall include an individual's entire service performed within or both within and without this State if:
(A) The service is localized in this State; or
(B) The service is not localized in any state but some of the service is performed in this State, and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this State; or (ii) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this State.
(3) Services performed within this State but not covered under paragraph (2) of this subsection shall be deemed to be employment subject to this chapter (R.S.43:21-1 et seq.) if contributions are not required and paid with respect to such services under an unemployment compensation law of any other state or of the federal government.
(4) Services not covered under paragraph (2) of this subsection and performed entirely without this State, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this chapter (R.S.43:21-1 et seq.) if the individual performing such services is a resident of this State and the employing unit for whom such services are performed files with the division an election that the entire service of such individual shall be deemed to be employment subject to this chapter (R.S.43:21-1 et seq.).
(5) Service shall be deemed to be localized within a state if:
(A) The service is performed entirely within such state; or
(B) The service is performed both within and without such state, but the service performed without such state is incidental to the individual's service within the state; for example, is temporary or transitory in nature or consists of isolated transactions.
(6) Services performed by an individual for remuneration shall be deemed to be employment subject to this chapter (R.S.43:21-1 et seq.) unless and until it is shown to the satisfaction of the division that:
(A) Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;
(B) Such service is either outside the usual course of the business for which such service is performed, or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and
(C) Such individual is customarily engaged in an independently established trade, occupation, profession or business.
(7) Provided that such services are also exempt under the Federal Unemployment Tax Act, as amended, or that contributions with respect to such services are not required to be paid into a state unemployment fund as a condition for a tax offset credit against the tax imposed by the Federal Unemployment Tax Act, as amended, the term "employment" shall not include:
(A) Agricultural labor performed prior to January 1, 1978; and after December 31, 1977, only if performed in a calendar year for an entity which is not an employer as defined in the "unemployment compensation law," (R.S.43:21-1 et seq.) as of January 1 of such calendar year; or unless performed for an employing unit which
(i) during a calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor, or
(ii) for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment in time;
(B) Domestic service in a private home performed prior to January 1, 1978; and after December 31, 1977, unless performed in the private home of an employing unit which paid cash remuneration of $1,000.00 or more to one or more individuals for such domestic service in any calendar quarter in the current or preceding calendar year;
(C) Service performed by an individual in the employ of his son, daughter or spouse, and service performed by a child under the age of 18 in the employ of his father or mother;
(D) Service performed prior to January 1, 1978, in the employ of this State or of any political subdivision thereof or of any instrumentality of this State or its political subdivisions, except as provided in R.S.43:21-19(i)(1)(B) above, and service in the employ of the South Jersey Port Corporation or its successors;
(E) Service performed in the employ of any other state or its political subdivisions or of an instrumentality of any other state or states or their political subdivisions to the extent that such instrumentality is with respect to such service exempt under the Constitution of the United States from the tax imposed under the Federal Unemployment Tax Act, as amended, except as provided in R.S.43:21-19(i)(1)(B) above;
(F) Service performed in the employ of the United States Government or of any instrumentality of the United States exempt under the Constitution of the United States from the contributions imposed by the "unemployment compensation law," except that to the extent that the Congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation law, all of the provisions of this act shall be applicable to such instrumentalities, and to service performed for such instrumentalities, in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services; provided that if this State shall not be certified for any year by the Secretary of Labor of the United States under section 3304 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.3304), the payments required of such instrumentalities with respect to such year shall be refunded by the division from the fund in the same manner and within the same period as is provided in R.S.43:21-14(f) with respect to contributions erroneously paid to or collected by the division;
(G) Services performed in the employ of fraternal beneficiary societies, orders, or associations operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system and providing for the payment of life, sick, accident, or other benefits to the members of such society, order, or association, or their dependents;
(H) Services performed as a member of the board of directors, a board of trustees, a board of managers, or a committee of any bank, building and loan, or savings and loan association, incorporated or organized under the laws of this State or of the United States, where such services do not constitute the principal employment of the individual;
(I) Service with respect to which unemployment insurance is payable under an unemployment insurance program established by an Act of Congress;
(J) Service performed by agents of mutual fund brokers or dealers in the sale of mutual funds or other securities, by agents of insurance companies, exclusive of industrial insurance agents or by agents of investment companies, if the compensation to such agents for such services is wholly on a commission basis;
(K) Services performed by real estate salesmen or brokers who are compensated wholly on a commission basis;
(L) Services performed in the employ of any veterans' organization chartered by Act of Congress or of any auxiliary thereof, no part of the net earnings of which organization, or auxiliary thereof, inures to the benefit of any private shareholder or individual;
(M) Service performed for or in behalf of the owner or operator of any theater, ballroom, amusement hall or other place of entertainment, not in excess of 10 weeks in any calendar year for the same owner or operator, by any leader or musician of a band or orchestra, commonly called a "name band," entertainer, vaudeville artist, actor, actress, singer or other entertainer;
(N) Services performed after January 1, 1973 by an individual for a labor union organization, known and recognized as a union local, as a member of a committee or committees reimbursed by the union local for time lost from regular employment, or as a part-time officer of a union local and the remuneration for such services is less than $1,000.00 in a calendar year;
(O) Services performed in the sale or distribution of merchandise by home-to-home salespersons or in-the-home demonstrators whose remuneration consists wholly of commissions or commissions and bonuses;
(P) Service performed in the employ of a foreign government, including service as a consular, nondiplomatic representative, or other officer or employee;
(Q) Service performed in the employ of an instrumentality wholly owned by a foreign government if (i) the service is of a character similar to that performed in foreign countries by employees of the United States Government or of an instrumentality thereof, and (ii) the division finds that the United States Secretary of State has certified to the United States Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar services performed in the foreign country by employees of the United States Government and of instrumentalities thereof;
(R) Service in the employ of an international organization entitled to enjoy the privileges, exemptions and immunities under the International Organizations Immunities Act (22 U.S.C. s.288 et seq.);
(S) Service covered by an election duly approved by an agency charged with the administration of any other state or federal unemployment compensation or employment security law, in accordance with an arrangement pursuant to R.S.43:21-21 during the effective period of such election;
(T) Service performed in the employ of a school, college, or university if such service is performed (i) by a student enrolled at such school, college, or university on a full-time basis in an educational program or completing such educational program leading to a degree at any of the severally recognized levels, or (ii) by the spouse of such a student, if such spouse is advised at the time such spouse commences to perform such service that (I) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and (II) such employment will not be covered by any program of unemployment insurance;
(U) Service performed by an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer, except that this subparagraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers;
(V) Service performed in the employ of a hospital, if such service is performed by a patient of the hospital; service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and regularly attending classes in a nurses' training school approved under the laws of this State;
(W) Services performed after the effective date of this amendatory act by agents of mutual benefit associations if the compensation to such agents for such services is wholly on a commission basis;
(X) Services performed by operators of motor vehicles weighing 18,000 pounds or more, licensed for commercial use and used for the highway movement of motor freight, who own their equipment or who lease or finance the purchase of their equipment through an entity which is not owned or controlled directly or indirectly by the entity for which the services were performed and who were compensated by receiving a percentage of the gross revenue generated by the transportation move or by a schedule of payment based on the distance and weight of the transportation move;
(Y) (Deleted by amendment, P.L.2009, c.211.)
(Z) Services performed, using facilities provided by a travel agent, by a person, commonly known as an outside travel agent, who acts as an independent contractor, is paid on a commission basis, sets his own work schedule and receives no benefits, sick leave, vacation or other leave from the travel agent owning the facilities.
(AA) Services provided by a commercial fisherman whose compensation is comprised solely of a percentage of fish caught or a percentage of the proceeds from the sale of the catch.
(8) If one-half or more of the services in any pay period performed by an individual for an employing unit constitutes employment, all the services of such individual shall be deemed to be employment; but if more than one-half of the service in any pay period performed by an individual for an employing unit does not constitute employment, then none of the service of such individual shall be deemed to be employment. As used in this paragraph, the term "pay period" means a period of not more than 31 consecutive days for which a payment for service is ordinarily made by an employing unit to individuals in its employ.
(9) Services performed by the owner of a limousine franchise (franchisee) shall not be deemed to be employment subject to the "unemployment compensation law," R.S.43:21-1 et seq., with regard to the franchisor if:
(A) The limousine franchisee is incorporated;
(B) The franchisee is subject to regulation by the Interstate Commerce Commission;
(C) The limousine franchise exists pursuant to a written franchise arrangement between the franchisee and the franchisor as defined by section 3 of P.L.1971, c.356 (C.56:10-3); and
(D) The franchisee registers with the Department of Labor and Workforce Development and receives an employer registration number.
(10) Services performed by a legal transcriber, or certified court reporter certified pursuant to P.L.1940, c.175 (C.45:15B-1 et seq.), shall not be deemed to be employment subject to the "unemployment compensation law," R.S.43:21-1 et seq., if those services are provided to a third party by the transcriber or reporter who is referred to the third party pursuant to an agreement with another legal transcriber or legal transcription service, or certified court reporter or court reporting service, on a freelance basis, compensation for which is based upon a fee per transcript page, flat attendance fee, or other flat minimum fee, or combination thereof, set forth in the agreement.
For purposes of this paragraph (10): "legal transcription service" and "legal transcribing" mean making use, by audio, video or voice recording, of a verbatim record of court proceedings, depositions, other judicial proceedings, meetings of boards, agencies, corporations, or other bodies or groups, and causing that record to be printed in readable form or produced on a computer screen in readable form; and "legal transcriber" means a person who engages in "legal transcribing."
(j) "Employment office" means a free public employment office, or branch thereof operated by this State or maintained as a part of a State-controlled system of public employment offices.
(k) (Deleted by amendment, P.L.1984, c.24.)
(l) "State" includes, in addition to the states of the United States of America, the District of Columbia, the Virgin Islands and Puerto Rico.
(m) "Unemployment."
(1) An individual shall be deemed "unemployed" for any week during which:
(A) The individual is not engaged in full-time work and with respect to which his remuneration is less than his weekly benefit rate, including any week during which he is on vacation without pay; provided such vacation is not the result of the individual's voluntary action, except that for benefit years commencing on or after July 1, 1984, an officer of a corporation, or a person who has more than a 5% equitable or debt interest in the corporation, whose claim for benefits is based on wages with that corporation shall not be deemed to be unemployed in any week during the individual's term of office or ownership in the corporation; or
(B) The individual is eligible for and receiving a self-employment assistance allowance pursuant to the requirements of P.L.1995, c.394 (C.43:21-67 et al.).
(2) The term "remuneration" with respect to any individual for benefit years commencing on or after July 1, 1961, and as used in this subsection, shall include only that part of the same which in any week exceeds 20% of his weekly benefit rate (fractional parts of a dollar omitted) or $5.00, whichever is the larger, and shall not include any moneys paid to an individual by a county board of elections for work as a board worker on an election day or for work pursuant to subsection d. of section 1 of P.L.2021, c.40 (C.19:15A-1) during the early voting period.
(3) An individual's week of unemployment shall be deemed to commence only after the individual has filed a claim at an unemployment insurance claims office, except as the division may by regulation otherwise prescribe.
(n) "Unemployment compensation administration fund" means the unemployment compensation administration fund established by this chapter (R.S.43:21-1 et seq.), from which administrative expenses under this chapter (R.S.43:21-1 et seq.) shall be paid.
(o) "Wages" means remuneration paid by employers for employment. If a worker receives gratuities regularly in the course of his employment from other than his employer, his "wages" shall also include the gratuities so received, if reported in writing to his employer in accordance with regulations of the division, and if not so reported, his "wages" shall be determined in accordance with the minimum wage rates prescribed under any labor law or regulation of this State or of the United States, or the amount of remuneration actually received by the employee from his employer, whichever is the higher.
(p) "Remuneration" means all compensation for personal services, including commission and bonuses and the cash value of all compensation in any medium other than cash.
(q) "Week" means for benefit years commencing on or after October 1, 1984, the calendar week ending at midnight Saturday, or as the division may by regulation prescribe.
(r) "Calendar quarter" means the period of three consecutive calendar months ending March 31, June 30, September 30, or December 31.
(s) "Investment company" means any company as defined in subsection a. of section 1 of P.L.1938, c.322 (C.17:16A-1).
(t) (1) (Deleted by amendment, P.L.2001, c.17).
(2) "Base week," commencing on or after January 1, 1996 and before January 1, 2001, means:
(A) Any calendar week during which the individual earned in employment from an employer remuneration not less than an amount which is 20% of the Statewide average weekly remuneration defined in subsection (c) of R.S.43:21-3 which amount shall be adjusted to the next higher multiple of $1.00 if not already a multiple thereof, except that if in any calendar week an individual subject to this subparagraph (A) is in employment with more than one employer, the individual may in that calendar week establish a base week with respect to each of the employers from whom the individual earns remuneration equal to not less than the amount defined in this subparagraph (A) during that week; or
(B) If the individual does not establish in his base year 20 or more base weeks as defined in subparagraph (A) of this paragraph (2), any calendar week of an individual's base year during which the individual earned in employment from an employer remuneration not less than an amount 20 times the minimum wage in effect pursuant to section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding the calendar year in which the benefit year commences, which amount shall be adjusted to the next higher multiple of $1.00 if not already a multiple thereof, except that if in any calendar week an individual subject to this subparagraph (B) is in employment with more than one employer, the individual may in that calendar week establish a base week with respect to each of the employers from whom the individual earns remuneration not less than the amount defined in this subparagraph (B) during that week.
(3) "Base week," commencing on or after January 1, 2001, means any calendar week during which the individual earned in employment from an employer remuneration not less than an amount 20 times the minimum wage in effect pursuant to section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding the calendar year in which the benefit year commences, which amount shall be adjusted to the next higher multiple of $1.00 if not already a multiple thereof, except that if in any calendar week an individual subject to this paragraph (3) is in employment with more than one employer, the individual may in that calendar week establish a base week with respect to each of the employers from whom the individual earns remuneration equal to not less than the amount defined in this paragraph (3) during that week.
(u) "Average weekly wage" means the amount derived by dividing an individual's total wages received during his base year base weeks (as defined in subsection (t) of this section) from that most recent base year employer with whom he has established at least 20 base weeks, by the number of base weeks in which such wages were earned. In the event that such claimant had no employer in his base year with whom he had established at least 20 base weeks, then such individual's average weekly wage shall be computed as if all of his base week wages were received from one employer and as if all his base weeks of employment had been performed in the employ of one employer.
For the purpose of computing the average weekly wage, the monetary alternative in subparagraph (B) of paragraph (2) of subsection (e) of R.S.43:21-4 shall only apply in those instances where the individual did not have at least 20 base weeks in the base year. For benefit years commencing on or after July 1, 1986, "average weekly wage" means the amount derived by dividing an individual's total base year wages by the number of base weeks worked by the individual during the base year; provided that for the purpose of computing the average weekly wage, the maximum number of base weeks used in the divisor shall be 52.
(v) "Initial determination" means, subject to the provisions of R.S.43:21-6(b)(2) and (3), a determination of benefit rights as measured by an eligible individual's base year employment with a single employer covering all periods of employment with that employer during the base year.
(w) "Last date of employment" means the last calendar day in the base year of an individual on which he performed services in employment for a given employer.
(x) "Most recent base year employer" means that employer with whom the individual most recently, in point of time, performed service in employment in the base year.
(y) (1) "Educational institution" means any public or other nonprofit institution (including an institution of higher education):
(A) In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher;
(B) Which is approved, licensed or issued a permit to operate as a school by the State Department of Education or other government agency that is authorized within the State to approve, license or issue a permit for the operation of a school; and
(C) Which offers courses of study or training which may be academic, technical, trade, or preparation for gainful employment in a recognized occupation.
(2) "Institution of higher education" means an educational institution which:
(A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;
(B) Is legally authorized in this State to provide a program of education beyond high school;
(C) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of post-graduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and
(D) Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in this State are institutions of higher education for purposes of this section.
(z) "Hospital" means an institution which has been licensed, certified or approved under the law of this State as a hospital.
(cf: P.L.2023, c.262, s.12)
94. Section 2 of P.L.1941, c.220 (C.43:7-8) is amended to read as follows:
2. For the purpose of this act, the words "prison officer" mean and include any prison officer, reformatory officer, farmer guard, disciplinarian, identification prison officer, center keeper, marshal, superintendent, chief deputy, head farmer, herdsman, truck farmer, commissary officer, any uniformed officer, trade instructor, and any employee who has the custody of [inmates] incarcerated persons in State penal institutions. No person employed on or after January 1, 1960 shall be eligible for membership in the Prison Officers' Pension Fund.
Membership in the Prison Officers' Pension Fund shall continue for any present member as long as his position, from whence he holds membership in the fund, continues to be in the State Department of Institutions and Agencies.
"Average final compensation" shall mean the average annual compensation for which contributions are made by a member to the fund for the 3 years immediately preceding his retirement, or in the event that he has been contributing for less than 3 years, the average pay he received during the time he was a contributing member.
(cf: P.L.1969, c.56, s.2)
95. R.S.43:21-16 is amended to read as follows:
43:21-16. (a) (1) Whoever makes a false statement or representation, knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase or attempts to obtain or increase any benefit or other payment under this chapter (R.S.43:21-1 et seq.), or under an employment security law of any other state or of the federal government, either for himself or for any other person, shall be liable to a fine of 25% of the amount fraudulently obtained, to be recovered in an action at law in the name of the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development of the State of New Jersey or as provided in subsection (e) of R.S.43:21-14, said fine when recovered shall be immediately deposited in the following manner: 10 percent of the amount fraudulently obtained deposited into the unemployment compensation auxiliary fund for the use of said fund, and 15 percent of the amount fraudulently obtained deposited into the unemployment compensation fund; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense. Any penalties imposed by this subsection shall be in addition to those otherwise prescribed in this chapter (R.S.43:21-1 et seq.).
(2) For purposes of any unemployment compensation program of the United States, if the department determines that any benefit amount is obtained by an individual due to fraud committed by the individual, the department shall assess a fine on the individual and deposit the recovered fine in the same manner as provided in paragraph (1) of subsection (a) of this section. As used in this paragraph, "unemployment compensation program of the United States" means:
(A) Unemployment compensation for federal civilian employees pursuant to 5 U.S.C. 8501 et seq.;
(B) Unemployment compensation for ex-service members pursuant to 5 U.S.C. 8521 et seq.;
(C) Trade readjustment allowances pursuant to 19 U.S.C. 2291-2294;
(D) Disaster unemployment assistance pursuant to 42 U.S.C. 5177(a);
(E) Any federal temporary extension of unemployment compensation;
(F) Any federal program that increases the weekly amount of unemployment compensation payable to individuals; and
(G) Any other federal program providing for the payment of unemployment compensation.
(b) (1) An employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation, knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject hereto or to avoid or reduce any contribution or other payment required from an employing unit under this chapter (R.S.43:21-1 et seq.), or under an employment security law of any other state or of the federal government, or who willfully fails or refuses to furnish any reports or information required hereunder, including failing to provide the information required by subsection (a) of R.S.43:21-6 immediately upon a separation from employment, or to produce or permit the inspection or copying of records, as required hereunder, shall be liable to a fine of $500, or 25% of any amount fraudulently withheld, whichever is greater, to be recovered in an action at law in the name of the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development of the State of New Jersey or as provided in subsection (e) of R.S.43:21-14, said fine when recovered to be paid to the unemployment compensation auxiliary fund for the use of said fund; and each such false statement or representation or failure to disclose a material fact, and each day of such failure or refusal shall constitute a separate offense. Any penalties imposed by this paragraph shall be in addition to those otherwise prescribed in this chapter (R.S.43:21-1 et seq.).
(2) (Deleted by amendment, P.L.2022, c.120).
(3) Any employing unit, officer or agent of the employing unit, or any other person, determined by the controller to have knowingly violated, or attempted to violate, or advised another person to violate the transfer of employment experience provisions found at R.S.43:21-7(c)(7), or who otherwise knowingly attempts to obtain a lower rate of contributions by failing to disclose material information, or by making a false statement, or by a misrepresentation of fact, shall be subject to a fine of $5,000 or 25% of the contributions under-reported or attempted to be under-reported, whichever is greater, to be recovered as provided in subsection (e) of R.S.43:21-14, and when recovered to be paid to the unemployment compensation auxiliary fund for the use of said fund. For the purposes of this subsection, "knowingly" means having actual knowledge of, or acting with deliberate ignorance or reckless disregard for the prohibition involved.
(c) Any person who shall willfully violate any provision of this chapter (R.S.43:21-1 et seq.) or any rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter (R.S.43:21-1 et seq.), and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be liable to a fine of $50.00, to be recovered in an action at law in the name of the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development of the State of New Jersey or as provided in subsection (e) of R.S.43:21-14, said fine when recovered to be paid to the unemployment compensation auxiliary fund for the use of said fund; and each day such violation continues shall be deemed to be a separate offense.
(d) (1) When it is determined by a representative or representatives designated by the Director of the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development of the State of New Jersey that any person, by reason of the knowing, fraudulent nondisclosure or misrepresentation by him, or by anyone acting as his agent, of a material fact, has received any sum as benefits under this chapter (R.S.43:21-1 et seq.) while any conditions for the receipt of benefits imposed by this chapter (R.S.43:21-1 et seq.) were not fulfilled in his case, or while he was disqualified from receiving benefits, or while otherwise not entitled to receive such sum as benefits, such person, unless the director (with the concurrence of the controller) directs otherwise by regulation, shall be liable to repay those benefits in full. The person shall not be liable to repay all or any portion of the overpayment if the representative finds that the person received the overpayment of benefits because of errors or failures to provide information by the employer or errors by the division, and not because of an error, or knowing, fraudulent nondisclosure or misrepresentation, by the person. If the representative finds that errors made by the person were a cause of the overpayment together with errors of the division, or errors or failures to provide information by the employer, but the person did not make a knowing, fraudulent nondisclosure or misrepresentation, the representative shall determine a portion of the overpayment for which the person is liable taking into consideration possible financial hardship to the person, whether recovery would be against equity and good conscience, and how much the person's errors, compared to errors of the division or employer, contributed to the overpayment occurring, but the amount to which the person shall be liable shall not exceed 50 percent of the overpayment. The employer's account shall not be charged for the amount of an overpayment of benefits if the overpayment was caused by an error of the division and not by any error of the employer, but shall be charged if the overpayment was caused by an error or failure to provide information of the employer. The sum for which the person is found liable to repay shall be deducted from any future benefits payable to the individual under this chapter (R.S.43:21-1 et seq.) or shall be paid by the individual to the division for the unemployment compensation fund, and such sum shall be collectible in the manner provided for by law, including, but not limited to, the filing of a certificate of debt with the Clerk of the Superior Court of New Jersey; provided, however, that, except in the event of fraud, no person shall be liable for any such refunds or deductions against future benefits unless so notified before four years have elapsed from the time the benefits in question were paid. Such person shall be promptly notified of the determination and the reasons therefor. The person shall be provided a written notification of any determination regarding the repayment of an overpayment and the opportunity to file an appeal of the determination within 20 calendar days after a confirmed receipt of a notice of the determination or 30 calendar days after the notice was mailed to the last known address of the person, and a recovery of an overpayment shall not commence until the end of whichever is applicable of the 20- or 30-day periods and the resolution of any appeal made during those periods.
(2) Interstate and cross-offset of state and federal unemployment benefits. To the extent permissible under the laws and Constitution of the United States, the commissioner is authorized to enter into or cooperate in arrangements or reciprocal agreements with appropriate and duly authorized agencies of other states or the United States Secretary of Labor, or both, whereby:
(A) Overpayments of unemployment benefits as determined under subsection (d) of R.S.43:21-16 shall be recovered by offset from unemployment benefits otherwise payable under the unemployment compensation law of another state, and overpayments of unemployment benefits as determined under the unemployment compensation law of another state shall be recovered by offset from unemployment benefits otherwise payable under R.S.43:21-1 et seq.; and
(B) Overpayments of unemployment benefits as determined under applicable federal law, with respect to benefits or allowances for unemployment provided under a federal program administered by this State under an agreement with the United States Secretary of Labor, shall be recovered by offset from unemployment benefits otherwise payable under R.S.43:21-1 et seq., or any federal program administered by this State, or under the unemployment compensation law of another state or any federal unemployment benefit or allowance program administered by another state under an agreement with the United States Secretary of Labor, if the other state has in effect a reciprocal agreement with the United States Secretary of Labor as authorized by subsection (g) of 42 U.S.C.s.503, and if the United States agrees, as provided in the reciprocal agreement with this State entered into under subsection (g) of 42 U.S.C.s.503, that overpayments of unemployment benefits as determined under subsection (d) of R.S.43:21-16 and overpayments as determined under the unemployment compensation law of another state which has in effect a reciprocal agreement with the United States Secretary of Labor as authorized by subsection (g) of 42 U.S.C.s.503, shall be recovered by offset from benefits or allowances otherwise payable under a federal program administered by this State or another state under an agreement with the United States Secretary of Labor.
(3) The provisions of this subsection shall not be construed as requiring or permitting a waiver of the recovery of any overpayments of unemployment benefits if the waiver is prohibited by any federal law, regulation or administrative directive. A recovery shall not be waived unless the division determines that the claimant is without fault and the repayment would be contrary to equity and good conscience in the case of the recovery of an overpayment of benefit under any of the following programs authorized by the federal "Coronavirus Aid, Relief, and Economic Security (CARES) Act," Pub.L.116-136: Federal Pandemic Unemployment Compensation (FPUC), Pandemic Emergency Unemployment Compensation (PEUC), Mixed Earners Unemployment Compensation (MEUC), Pandemic Unemployment Assistance (PUA), or the first week of regular Unemployment Compensation that is reimbursed in accordance with Section 2105 of the CARES Act".
(e) (1) Any employing unit, or any officer or agent of an employing unit, which officer or agent is directly or indirectly responsible for collecting, truthfully accounting for, remitting when payable any contribution, or filing or causing to be filed any report or statement required by this chapter, or employer, or person failing to remit, when payable, any employer contributions, or worker contributions (if withheld or deducted), or the amount of such worker contributions (if not withheld or deducted), or filing or causing to be filed with the controller or the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development of the State of New Jersey, any false or fraudulent report or statement, and any person who aids or abets an employing unit, employer, or any person in the preparation or filing of any false or fraudulent report or statement with intent to defraud the State of New Jersey or an employment security agency of any other state or of the federal government, or with intent to evade the payment of any contributions, interest or penalties, or any part thereof, which shall be due under the provisions of this chapter (R.S.43:21-1 et seq.), shall be liable for each offense upon conviction before any Superior Court or municipal court, to a fine not to exceed $1,000.00 or by imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. The fine upon conviction shall be payable to the unemployment compensation auxiliary fund. Any penalties imposed by this subsection shall be in addition to those otherwise prescribed in this chapter (R.S.43:21-1 et seq.).
(2) Any employing unit, officer or agent of the employing unit, or any other person, who knowingly violates, or attempts to violate, or advise another person to violate the transfer of employment experience provisions found at R.S.43:21-7 (c)(7) shall be, upon conviction before any Superior Court or municipal court, guilty of a crime of the fourth degree. For the purposes of this subsection, "knowingly" means having actual knowledge of, or acting with deliberate ignorance or reckless disregard for the prohibition involved.
(f) Any employing unit or any officer or agent of an employing unit or any other person who aids and abets any person to obtain any sum of benefits under this chapter to which he is not entitled, or a larger amount as benefits than that to which he is justly entitled, shall be liable for each offense upon conviction before any Superior Court or municipal court, to a fine not to exceed $1,000.00 or by imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. The fine upon conviction shall be payable to the unemployment compensation auxiliary fund. Any penalties imposed by this subsection shall be in addition to those otherwise prescribed in this chapter (R.S.43:21-1 et seq.).
(g) There shall be created in the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development of the State of New Jersey an investigative staff for the purpose of investigating violations referred to in this section and enforcing the provisions thereof.
(h) An employing unit or any officer or agent of an employing unit who makes a false statement or representation, knowing it to be false, or who knowingly fails to disclose a material fact, to reduce benefit charges to the employing unit pursuant to paragraph (1) of subsection (c) of R.S.43:21-7, shall be liable to a fine of $1,000, to be recovered in an action at law in the name of the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development of the State of New Jersey or as provided in subsection (e) of R.S.43:21-14. The fine when recovered shall be paid to the unemployment compensation auxiliary fund for the use of the fund. Each false statement or representation or failure to disclose a material fact, and each day of that failure or refusal shall constitute a separate offense. Any penalties imposed by this subsection shall be in addition to those otherwise prescribed in R.S.43:21-1 et seq.
(i) The Department of Labor and Workforce Development shall arrange for the electronic receipt of death record notifications from the New Jersey Electronic Death Registration System, pursuant to section 16 of P.L.2003, c.221 (C.26:8-24.1), and establish a verification system to confirm that benefits paid pursuant to the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), and the "unemployment compensation law," R.S.43:21-1 et seq., are not being paid to deceased individuals.
(j) The Department of Labor and Workforce Development shall arrange for the electronic receipt of identifying information from the Department of Corrections, pursuant to section 6 of P.L.1976, c.98 (C.30:1B-6), and from the Administrative Office of the Courts and any county which does not provide county [inmate incarceration] incarcerated person information to the Administrative Office of the Courts, and establish a verification system to confirm that benefits paid pursuant to the "unemployment compensation law," R.S.43:21-1 et seq., are not being paid to individuals who are incarcerated.
3. This act shall take effect on the 270th day following enactment, except that the division shall, prior to the 270th day after enactment, take all administrative measures necessary to implement this act, including making all needed changes in forms and materials to be provided to employers, and notifying them of what is required to be in compliance with this act, including the requirements to provide the division with an email address for communication to and from the division and to use electronic means to communicate with the department.
(cf: P.L.2022, c.120, s.2)
96. R.S.44:1-68 is amended to read as follows:
44:1-68. In the management of almshouses or welfare-houses the [inmates] residents shall be classified according to age, condition of health and ability to perform manual labor. Some form of employment shall be provided for such of the [inmates] residents as are able to work. [Inmates] Residents afflicted with any tubercular disease shall be separated from the other [inmates] residents and cared for in separate dwellings.
(cf: R.S.44:1-68)
97. R.S.44:1-29 is amended to read as follows:
44:1-29. The superintendent of welfare shall, subject to the control of the county welfare board, be the chief executive officer of the welfare-house, and have the general superintendence and management of the welfare-house, the grounds and buildings and the [inmates] residents thereof.
(cf: R.S.44:1-29)
98. R.S.44:1-69 is amended to read as follows:
44:1-69. In every almshouse,
poorhouse, welfare-house or other institution for the reception and maintenance
of poor persons, females shall be kept separate from males at all times in
their living rooms, bedrooms, toilets, halls, stairways and outbuildings;
except that this provision hall not apply to persons who are lawfully married
and living together as man and wife, and who become [inmates] residents of such an
institution. The accommodations necessary to
carry out the intention of this section shall be provided.
(cf: R.S.44:1-69)
99. R.S.44:1-105 is amended to read as follows:
44:1-105. Illegitimate minor children shall follow and have the settlement of their mother, unless the father is legally found or admitted by him to be such at the time and place of their birth, in which case they shall follow and have the father's settlement. If neither parent has a settlement, then it shall be in the municipality or county in which the minor child was born, if the birth occurred in this state.
Such minor children born in charitable or correctional institutions, or while the mother is legally an [inmate] incarcerated person thereof, whether on parole or leave of absence, shall be chargeable to the place of the settlement of the mother or father or from which they were admitted or committed, rather than to the place where that institution is located.
(cf: R.S.44:1-105)
100. R.S.44:2-6 is amended to read as follows:
44:1-105. When an adult person has been duly committed to the almshouse of a county and the board of chosen freeholders shall deem it to the interest of the county or to the welfare of the other [inmates] residents of the almshouse that the person be not actually removed to and kept in the almshouse, the board may make such monthly allowance for the support of the person outside of the county almshouse as it may consider reasonable, not exceeding in any case the probable cost of maintaining the person in the county almshouse.
(cf: R.S.44:2-6)
101. R.S.44:3-3 is amended to read as follows:
44:3-3. The governing body or body having charge of the charities of a city may appoint a superintendent of indoor relief who shall have the management of the almshouse of the city and the control of the [inmates] residents thereof. He shall hold office for the term of three years commencing on January first in the year of appointment, and shall receive such compensation as may be fixed by the appointing body, which compensation shall not be increased or decreased during his term.
Nothing in this section shall be deemed to terminate or abridge the term of office of any such officer in such city if such officer was originally elected or appointed prior to April eleventh, one thousand nine hundred and ten.
(cf: R.S.44:3-3)
102. R.S.44:4-37 is amended to read as follows:
44:4-37. The director of welfare shall:
a. Have general jurisdiction throughout the county of the settlement and relief of the poor and shall direct the administration thereof under the control and supervision of the county welfare board and subject to all lawful rules and regulations thereof; and
b. Be the chief executive officer of the welfare-house subject to the control of the county welfare board, and shall have under such control the general superintendence of the welfare-house, of the grounds and buildings, and of the [inmates] residents thereof.
(cf: R.S.44:4-37)
103. R.S.44:4-60 is amended to read as follows:
44:4-60. Illegitimate minor children shall follow and have the settlement of their mother, unless the father is legally found or admitted by him to be such at the time and place of their birth, in which case they shall follow and have the father's settlement. If neither parent has a settlement, then it shall be in the county in which the minor child was born, if the birth occurred in this state.
Such minor children born in charitable or correctional institutions, or while the mother is legally an [inmate] incarcerated person thereof, whether on parole or leave of absence, shall be chargeable to the place of the settlement of the mother or father or from which they were admitted or committed, rather than to the place where that institution is located.
(cf: R.S.44:4-60)
104. R.S.44:4-89 is amended to read as follows:
44:4-89. In the management of welfare-houses the [inmates] residents shall be classified according to age, condition of health and ability to perform manual labor. Some form of employment shall be provided for such of the [inmates] residents as are able to work.
(cf: P.L.1977, c.63, s.23)
105. R.S.44:4-90 is amended to read as follows:
44:4-90. In welfare-houses or other institutions for the reception and maintenance of poor persons, females shall be kept separate from males at all times in their living rooms, bedrooms, toilets, halls, stairways and outbuildings, except that the provisions of this section shall not apply to persons who are lawfully married and living together as man and wife and who are or shall become [inmates] residents of a welfare-house or other institution. The accommodations necessary to carry out the intentions of this section shall be provided.
(cf: R.S.44:4-90)
106. R.S.44:5-12 is amended to read as follows:
44:5-12. Money appropriated by a governing body and distributed and paid to any hospital by virtue of section 44:5-11 of this Title, shall, if there is more than one such hospital, be distributed among and paid to them upon the basis of the free ward day's treatment furnished by each of them for the benefit, comfort and maintenance of such patients, [inmates] residents therein, or in the case of clinics, by the number of individual treatments of patients, as are residents of the county at the time of being sent to that hospital, and not otherwise.
"Free ward day's treatment," as used in this section, means not less than 24 hours' medical and nursing attention of a hospital patient who occupies a listed hospital bed in the public ward for at least 24 hours continuously and for which nothing is paid. Free ward day's treatment shall not include treatment given to a person who would not commonly be admitted to or maintained in the public or contagious wards of general hospitals.
(cf: P.L.1979, c.14, s.2)
107. R.S.44:7-39 is amended to read as follows:
44:7-39. The assistance to be extended under this act shall be known as "assistance for the permanently and totally disabled," but shall in all other respects be governed by the conditions of eligibility and all other requirements, conditions, limitations and procedures established by and pursuant to chapter 7 of Title 44 of the Revised Statutes, except that subsections a. and d. of section 44:7-5 and section 44:7-25 of the Revised Statutes shall not apply to assistance for the permanently and totally disabled.
Assistance for the permanently and totally disabled shall not be granted to any person who is [an inmate] a resident or resident of or in need of prolonged care in any public or private institution because of physical or mental condition, or other cause, unless
(1) the institution, if publicly owned and operated, is a medical institution, other than an institution for tuberculosis or mental disease, designated and approved as such by the Department of Institutions and Agencies, and
(2) the institution, if privately owned and operated, does not come within the definition of a hospital to which payment or distribution of funds is permitted to be made by counties or municipalities of this State pursuant to any provision of chapter 5 of Title 44 of the Revised Statutes, and is licensed or approved by the Department of Institutions and Agencies pursuant to any provision of Title 30 of the Revised Statutes, and
(3) the individual is not a patient in such institution as the result of a diagnosis of tuberculosis or psychosis.
(cf: P.L.1962, c.222, s.11)
108. R.S.44:7-44 is amended to read as follows:
The assistance to be extended under this act shall be known as "assistance for the blind," but shall in all other respects be governed by the conditions of eligibility and all other requirements, conditions, limitations and procedures established by and pursuant to chapter 7 of Title 44 of the Revised Statutes, excepting section 44:7-3, subsection a. of section 44:7-5, sections 44:7-14 to 44:7-16 inclusive, and section 44:7-25 of the Revised Statutes.
Assistance for the blind shall not be granted to any person who is [an inmate or] a resident of or in need of prolonged care in any public or private institution because of physical or mental condition, or other cause, unless
(1) the institution, if publicly owned and operated, is a medical institution, other than an institution for tuberculosis or mental disease, designated and approved as such by the Department of Institutions and Agencies, and
(2) the institution, if privately owned and operated, does not come within the definition of a hospital to which payment or distribution of funds is permitted to be made by counties or municipalities of this State pursuant to any provision of chapter 5 of Title 44 of the Revised Statutes, and is licensed or approved by the Department of Institutions and Agencies pursuant to any provision of Title 30 of the Revised Statutes, and
(3) the individual is not a patient in such institution as the result of a diagnosis of tuberculosis or psychosis
(cf: P.L.1966, c.14, s1)
109. Section 6 of P.L.1985, c.404 (C.52:4B-44) is amended to read as follows:
6. a. The Attorney General shall, through the Office of Victim-Witness Advocacy in the Division of Criminal Justice in the Department of Law and Public Safety and in consultation with the county prosecutors and the Office of Trial and Criminal Justice Process in the Division of Violence Intervention and Victim Assistance, promulgate standards for law enforcement agencies to ensure that the rights of crime victims are enforced.
b. The standards shall require that the Office of Victim-Witness Advocacy in the Division of Criminal Justice and each county prosecutor's office provide the following services upon request for victims and witnesses involved in the prosecution of a case:
(1) Orientation information about the criminal justice system and the victim's and witness's role in the criminal justice process;
(2) Notification of any change in the case status and of final disposition;
(3) Information on crime prevention and on available responses to witness intimidation;
(4) Information about available services to meet needs resulting from the crime and referrals to service agencies, where appropriate;
(5) Advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing;
(6) Advance notice of when presence in court is not needed;
(7) Advice about available compensation, restitution and other forms of recovery and assistance in applying for government compensation;
(8) A waiting or reception area separate from the defendant for use during court proceedings;
(9) An escort or accompaniment for intimidated victims or witnesses during court appearances;
(10) Information about directions, parking, courthouse and courtroom locations, transportation services and witness fees, in advance of court appearances;
(11) Assistance for victims and witnesses in meeting special needs when required to make court appearances, such as transportation and child care arrangements;
(12) Assistance in making travel and lodging arrangements for out-of-State witnesses;
(13) Notification to employers of victims and witnesses, if cooperation in the investigation or prosecution causes absence from work;
(14) Notification of the case disposition, including the trial and sentencing;
(15) Assistance to victims in submitting a written statement to a representative of the county prosecutor's office about the impact of the crime prior to the prosecutor's final decision concerning whether formal charges will be filed;
(16) Advice to victims about their right to make a statement about the impact of the crime for inclusion in the presentence report or at time of parole consideration, if applicable;
(17) Notification to victims of the right to make an in-person statement, prior to sentencing, directly to the sentencing court concerning the impact of the crime;
(18) Expediting the return of property when no longer needed as evidence;
(19) Advise and counsel, or refer for advice or counseling, victims of sexual assault, or other criminal acts involving a risk of transmission of disease, concerning available medical testing and assist such victims, or refer such victims for assistance, in obtaining appropriate testing, counseling and medical care and in making application to the Victims of Crime Compensation Office for compensation for the costs of such testing, counseling and care;
(20) Assistance to victims in submitting a written impact statement to a representative of the county prosecutor's office concerning the impact of the crime which shall be considered prior to the prosecutor's accepting a negotiated plea agreement containing recommendations as to sentence and assistance to victims in securing an explanation of the terms of any such agreement and the reasons for the agreement;
(21) Notification to the victim of the defendant's release from custody which shall include:
(a) notice of the defendant's escape from custody and return to custody following escape;
(b) notice of any other release from custody, including placement in an Intensive Supervision Program or other alternative disposition, and any associated conditions of release;
(c) notice of the filing by an [inmate] incarcerated person of an application for commutation of sentence pursuant to N.J.S.2A:167-4 and its disposition;
(d) notice of parole consideration pursuant to provisions of P.L.1979, c.441 (C.30:4-123.45 et seq.); and
(e) notice of the pending release of an [inmate] incarcerated person due to expiration of sentence;
(22) Interpreting services for victims and witnesses when necessary to assist a victim or witness who is hearing impaired or developmentally disabled as defined in section 3 of P.L.1977, c.82 (C.30:6D-3) to understand questions and frame answers; and
(23) Providing any applicable assistance to victims of sexual assault or sexual misconduct who are incarcerated in a State correctional facility that is available to other victims or witnesses.
c. In a case involving a victim of aggravated sexual assault or sexual assault as defined in subsection a. or c. of N.J.S.2C:14-2, the Office of Victim-Witness Advocacy or the county prosecutor's office involved in the case shall:
(1) Notify the victim of the victim's right to obtain an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS, and assist the victim, or refer the victim for assistance, in obtaining a test and appropriate counseling and medical care;
(2) Notify the victim of the victim's right to obtain a court order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) requiring the offender to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS in the event that the offender is indicted, formally charged, convicted or adjudicated delinquent;
(3) Communicate the request of a victim who agrees to seek an order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) to the prosecutor handling the case and notify the victim or arrange for the victim to be notified of the test result; and
(4) Assist the victim in applying to the Victims of Crime Compensation Office for compensation for the costs of testing, counseling and medical care.
d. The Attorney General shall, through the Office of Victim-Witness Advocacy and in consultation with the Commissioner of Health, the Superintendent of State Police and representatives of providers of sexual assault services, to be designated by the Director of the Office of Victim-Witness Advocacy, coordinate the establishment of standard protocols for the provision of information and services to victims of sexual assault, and shall make such protocols available to victims upon request, except that the provision of information and services with regard to emergency contraception and sexually transmitted diseases shall be in accordance with P.L.2005, c.50 (C.26:2H-12.6b et al.).
e. In a case involving a victim of human trafficking as defined in section 1 of P.L.2005, c.77 (C.2C:13-8), the Office of Victim-Witness Advocacy or the county prosecutor's office involved in the case shall ensure that the victim of human trafficking obtains assistance in receiving any available benefits or services, including assistance in receiving any necessary certifications or endorsements needed to be recognized as having federal T non-immigrant status for the purpose of receiving any federal benefits or services available pursuant to the "Trafficking Victims Protection Reauthorization Act of 2003," 22 U.S.C. s. 7101 et seq.
f. The Attorney General shall, through the Office of Victim-Witness Advocacy and in consultation with the Commissioner of Health, the Superintendent of State Police and representatives of providers of services to victims of human trafficking, to be designated by the Director of the Office of Victim-Witness Advocacy, coordinate the establishment of standard protocols for the provision of information and services to victims of human trafficking, including coordination of efforts with the appropriate federal authorities pursuant to the "Trafficking Victims Protection Reauthorization Act of 2003," 22 U.S.C. s. 7101 et seq. and shall make such protocols available to victims upon request.
g. The Attorney General, shall, through the Office of Victim-Witness Advocacy and in consultation with the Commissioner of Corrections, promulgate standards to ensure that the rights of female crime victims incarcerated in State correctional facilities are enforced. The standards shall include a requirement that unannounced visits be made to the facilities housing female [inmates] incarcerated persons and random surveys be conducted for the purpose of identifying [inmates] incarcerated persons who are the victims of sexual assault or sexual misconduct; an [inmate] incarcerated person who is determined to be a victim shall be informed of the available services set forth in subsection b. of this section and, upon request, be provided with any of these services. An [inmate] incarcerated person chosen by [inmates] incarcerated persons in a housing unit as the liaison between the correctional facility administration and the [inmate] incarcerated person population shall be provided with a copy of this section of law. The liaison also shall be provided with a summary of the assistance and services available pursuant to subsection b. of this section for dissemination to the [inmates] incarcerated persons in the housing unit.
h. The Office of Victim-Witness Advocacy shall issue, upon request of the Office of Trial and Criminal Justice Process in the Division of Violence Intervention and Victim Assistance, reports regarding the Office of Victim-Witness Advocacy's performance of its duties as may be requested, and all State departments and agencies, boards, commissions, and authorities, as well as municipal and county governing bodies, boards, commissions, and authorities, shall cooperate fully in the preparation of any reports to the extent required and appropriate.
(cf: P.L.2023, c.167, s.11)
110. Section 2 of P.L.2003, c.190 (C.52:4B-62) is amended to read as follows:
2. For the purposes of this act:
a. "Crime" means:
(1) any crime as defined under the laws of this State; or
(2) any offense in any jurisdiction which includes all of the essential elements of any crime as defined under the laws of this State; and
(a) the crime victim was a resident of this State at the time of the commission of the offense; or
(b) the act or acts constituting the offense occurred in whole or in part in this State.
b. "Profits from a crime" means:
(1) any property obtained through or income generated from the commission of a crime of which the defendant was convicted;
(2) any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, including any gain realized by such sale, conversion or exchange; and
(3) any property which the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, a crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.
c. "Funds of a convicted person" means all funds and property received from any source by a person convicted of a crime, or by the representative of such person, including the convicted person's spouse, children, parents, siblings or such other person whom a court of competent jurisdiction may deem to be the alter ego of the convicted person, giving due regard to the purpose and intent of this act, but excluding child support and earned income, where such person:
(1) is an [inmate or prisoner] incarcerated person serving a sentence under the custody and control of the Department of Corrections and includes funds received on behalf of an [inmate or prisoner] incarcerated person and deposited in an [inmate or prisoner] incarcerated person's account to the credit of the [inmate or prisoner] incarcerated person;
(2) is not an [inmate or prisoner] incarcerated person, but who is serving a sentence of probation or conditional discharge or is presently subject to a term of post release supervision, but shall include earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional discharge or post release supervision; or
(3) is no longer subject to a sentence of probation, conditional discharge or post release supervision, and where, within the previous three years, the full or maximum term or period terminated or expired or such person was granted a discharge by the State Parole Board pursuant to applicable law, or granted a discharge or termination from probation pursuant to applicable law or granted a discharge or termination under applicable federal or State law, rules or regulations prior to the expiration of such full or maximum term or period; and includes only:
(a) those funds paid to such person as a result of any interest, right, right of action, asset, share, claim, recovery or benefit of any kind that the person obtained, or that accrued in favor of such person, prior to the expiration of such sentence, term or period;
(b) any recovery or award collected in a lawsuit after expiration of such sentence where the right or cause of action accrued prior to the expiration or service of such sentence; and
(c) earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional release or post release supervision.
d. "Crime victim" means:
(1) the victim of a crime;
(2) the representative of a crime victim;
(3) a Good Samaritan, as provided in P.L.1963, c.140 (C.2A:62A-2 et seq.);
(4) the Victims of Crime Compensation Board or other governmental agency that has received an application for or provided financial assistance or compensation to the victim.
e. "Earned income" means income derived from one's own labor or through active participation in a business, but does not include income from dividends or investments.
f. "Board" means the Victims of Crime Compensation Board established pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3).
(cf: P.L.2003, c.190, s.2)
111. Section 3 of P.L.2003, c.190 (C.52:4B-63) is amended to read as follows:
3. a. Every person, firm, corporation, partnership, association or other legal entity, or representative of such person, firm, corporation, partnership, association or entity, which knowingly contracts for, pays, or agrees to pay: (1) any profits from a crime to a person charged with or convicted of that crime, or to the representative of such person, or (2) any funds of a convicted person where such conviction is for a crime and the value, combined value or aggregate value of the payment or payments of such funds exceeds or will exceed $10,000 shall give written notice to the board of the payment or obligation to pay as soon as practicable after discovering that the payment or intended payment constitutes profits from a crime or funds of a convicted person.
b. Notwithstanding subsection a. of this section, whenever the payment or obligation to pay involves funds of a convicted person that a superintendent of a correctional facility receives or will receive on behalf of an [inmate or prisoner] incarcerated person serving a sentence with the Department of Corrections and deposits or will deposit in an [inmate or prisoner] incarcerated person's account to the credit of the [inmate or prisoner] incarcerated person and the value, combined value or aggregate value of such funds exceeds or will exceed $10,000, the superintendent shall also give written notice to the board. Further, whenever the State makes payment or has an obligation to pay funds of a convicted person and the value, combined value or aggregate value of such funds exceeds or will exceed $10,000, the State shall also give written notice to the board. In all other instances where the payment or obligation to pay involves funds of a convicted person and the value, combined value or aggregate value of such funds exceeds or will exceed $10,000, the convicted person who receives or will receive such funds, or the representative of such person, shall give written notice to the board.
c. The board, upon receipt of notice of a contract, an agreement to pay or payment of profits from a crime or funds of a convicted person pursuant to subsection a. or b. of this section, or upon receipt of notice of funds of a convicted person from the superintendent where the [inmate or prisoner] incarcerated person is confined, shall notify all known crime victims of the convicted person of the existence of such profits or funds at their last known address.
(cf: P.L.2003, c.190, s.3)
112. Section 4 of P.L.2003, c.190 (C.52:4B-64) is amended to read as follows:
4. Notwithstanding any other law to the contrary, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convicted of a crime of which the crime victim is a victim, or the representative of that convicted person, within three years of the discovery of any profits from a crime or funds of a convicted person, as those terms are defined in this act. Notwithstanding any other provision of law to the contrary, a judgment obtained pursuant to this section shall not be subject to execution or enforcement against the first $1,000 dollars deposited in an [inmate] incarcerated person's account to the credit of the [inmate or in a prisoner account to the credit of the prisoner] incarcerated person. In addition, where the civil action involves funds of a convicted person and such funds were recovered by the convicted person pursuant to a judgment obtained in a civil action, a judgment obtained pursuant to this section may not be subject to execution or enforcement against a portion thereof. If an action is filed pursuant to this section after the expiration of all other applicable statutes of limitation, any other crime victims must file any action for damages as a result of the crime within three years of the actual discovery of such profits or funds, or within three years of actual notice received from or notice published by the board of such discovery, whichever is later.
(cf: P.L.2003, c.190, s.4)
113. Section 1 of P.L.1997, c.177 (C.52:17B-4.4) is amended to read as follows:
1. There is created in the Department of Law and Public Safety a nonlapsing revolving fund to be known as the "Body Armor Replacement" fund. This fund shall be the repository for moneys provided pursuant to subsection d. of R.S.39:5-41 and shall be administered by the Attorney General. Moneys deposited in the fund, and any interest earned thereon, shall be used exclusively for the purpose of making grants to local law enforcement agencies, the Division of State Police, the Division of Criminal Justice, the Administrative Office of the Courts and the Department of Corrections for the purchase of body vests for the law enforcement officers, investigators, probation officers and corrections officers of those agencies. Of the moneys deposited into the fund, an amount not to exceed $75,000 shall be allocated annually to the Department of Law and Public Safety exclusively for the administration of the grant program.
The grant program shall be designed to effectuate a five-year vest replacement cycle, to the extent practicable, for local law enforcement officers, the officers and troopers of the State Police, investigators in the Division of Criminal Justice and State corrections and probation officers. The Attorney General shall provide for the distribution of the initial grants in a manner which is conducive to establishing a balance among the number of local law enforcement officers who are eligible for vest replacement grants in each year of the five-year cycle. In the same manner and to the greatest extent practicable, the Attorney General shall establish a grant distribution schedule for the officers and troopers of the State Police and investigators in the Division of Criminal Justice that provides for a balance among the number of officers, troopers and investigators receiving vest replacements in each year of the five-year cycle. In establishing a distribution schedule for State corrections and probation officers, the Attorney General shall give first priority to those State corrections officers assigned [inmate] supervision and control responsibilities over incarcerated persons in the State's maximum security correctional facilities and second priority to those officers assigned [inmate] supervision and control responsibilities over incarcerated persons in the State's medium security correctional facilities. The distribution schedule for State corrections and probation officers shall be based on a five-year cycle, but need not provide for a balance among the number of officers receiving vests in each year of the five-year cycle. The number of probation officers, the replacement of whose vests shall be funded from grants under this section, shall not exceed 200.
The Attorney General shall promulgate rules and regulations to implement this grant program. Those rules and regulations shall include, but not be limited to application procedures for local law enforcement agencies seeking vest replacement grants; criteria, such as crime rates and the age and condition of the body vests currently utilized by a local law enforcement agency's officers, to prioritize the awarding of grants; and guidelines identifying those body vests, by manufacturer or brand name, which may be purchased with grant moneys.
As used in this section:
"Body vest" means bullet resistant body armor which is intended to provide ballistic and trauma protection; and
"Probation officer" means a probation officer whose daily duties expose the officer to a substantial risk of assault by deadly weapon.
(cf: P.L.1999, c.360)
114. Section 1 of P.L.2021, c.305 (C.52:17B:77.19) is amended to read as follows:
1. a. The Police Training Commission shall, pursuant to its statutory authority to certify correctional police officers as set forth in subsection e. of section 6 of P.L.1961, c.56 (C.52:17B-70), establish and incorporate throughout the required basic training course for State correctional police officers the concept that the core mission of these officers is to treat every [inmate] incarcerated person with dignity, fairness, and respect.
b. To implement the core mission established in subsection a. of this section, the commission shall ensure that the basic training course for State correctional police officers includes, at a minimum, comprehensive training and education on the following topics:
(1) de-escalation, including training in interacting with combative or threatening [inmates] incarcerated persons and [inmates] incarcerated persons experiencing mental health crises;
(2) minimization of use of force against [inmates] incarcerated persons;
(3) cultural diversity and implicit bias;
(4) appropriate methods of engaging with [inmates] incarcerated persons of diverse cultures and religions and [inmates] incarcerated persons who are members of the lesbian, gay, bisexual, transgender, and questioning (LGBTQ) community and gender nonconforming [inmates] incarcerated persons;
(5) the rights of [inmates] incarcerated persons;
(6) lifestyle stressors, self-awareness, and self-regulation;
(7) maintaining officer and [inmate] incarcerated person safety;
(8) communication skills; and
(9) any other topic deemed necessary by the commission to advance the core mission of treating [inmates] incarcerated persons with dignity, fairness, and respect.
(cf: P.L.2021, c.305, s.1)
115. Section 19 of P.L.1948, c.92, p.517 (C.52:18A-19) is amended to read as follows:
Each using agency shall, at all times, in the form and for the periods prescribed by the director of the Division of Purchase and Property, present to him detailed applications and schedules for all articles to be purchased. The director shall then arrange such schedules or parts thereof for purchase and contract, in the manner best calculated to attract competition and advantageous prices. He shall award contracts or orders for purchase to the lowest responsible bidder meeting all specifications and conditions. He shall have authority to reject any or all bids or to award in whole or in part if deemed to the best interest of the State to do so. In case of tie bids, he shall have authority to award orders or contracts to the vendor or vendors best meeting all specifications and conditions. Public bids shall not be waived except with the written approval of the State Treasurer and except after notice in writing to the State Auditor. The director shall prescribe the terms and conditions for delivery, inspection, payment and all other detail whatsoever.
Upon the award of contracts or orders for purchase, the director of the Division of Purchase and Property shall thereupon make an encumbrance request to the director of the Division of Budget and Accounting in the Department of the Treasury for the amount necessary to defray the cost thereof, indicating the appropriations or authorizations to spend funds against which the contract or purchase order will be charged.
The bills for such purchases shall be apportioned by the director of the Division of Purchase and Property among the using agencies in proportion to the purchases made therefor, and certified as apportioned to the director of the Division of Budget and Accounting, to be charged against the respective appropriations or authorizations to spend as indicated by the certificate of the director of the Division of Purchase and Property. The bills therefor shall be paid by warrant check of the director of the Division of Budget and Accounting and State Treasurer.
Nothing in this section shall be construed to repeal or otherwise affect any law of this State relating to the purchase or use of the products of the labor of the [inmates of] persons treated in, residing in, or confined to a charitable, reformatory or penal institution of this State.
(cf: P.L.1948, c.92, p.517, s.19)
116. N.J.S.52:25-3 is amended to read as follows:
Nothing contained in this chapter shall be construed to alter, amend or repeal any provision of any law of this state relating to the purchase or use of the products of the labor of the [inmates of] persons treated in, residing in, or confined to any charitable, reformatory or penal institution of this state.
(cf: N.J.S.52:25-3)
117. Section 9 of P.L.1944, c.112 (C.52:27B-61) is amended to read as follows:
Each using agency shall, at all times, in the form and for the periods prescribed by the director, present to him detailed applications and schedules for all articles to be purchased. The director shall then arrange such schedules or parts thereof for purchase and contract, in the manner best calculated to attract competition and advantageous prices. He shall award contracts or orders for purchase to the lowest responsible bidder meeting all specifications and conditions. He shall have authority to reject any or all bids or to award in whole or in part if deemed to the best interest of the State to do so. In case of tie bids, he shall have authority to award orders or contracts to the vendor or vendors best meeting all specifications and conditions. Public bids shall not be waived except with the written approval of the commissioner and except after notice in writing to the State Auditor. The director shall prescribe the terms and conditions for delivery, inspection, payment and all other detail whatsoever. In purchases of fresh milk and as a condition thereof, the director shall require each vendor to certify in writing that he purchased during the immediately preceding year fresh milk produced within the State at least equal in amount to the amount he seeks to furnish to the using agency, and, in addition, to agree to purchase during the year in which he proposes to furnish such milk to the using agency an amount of fresh milk produced within the State at least equal to the amount he proposes to furnish to the using agency plus an amount equal to the amount, if any, he shall be required to furnish to any other using agency.
Upon the award of contracts or orders for purchase, the director shall thereupon make an encumbrance request to the commissioner for the amount necessary to defray the cost thereof, indicating the appropriations or authorizations to spend funds against which the contract or purchase order will be charged.
The bills for such purchases shall be apportioned by the director among the using agencies in proportion to the purchases made therefor, and certified as apportioned to the commissioner, to be charged against the respective appropriations or authorizations to spend as indicated by the certificate of the director. The bills therefor shall be paid by warrant check of the commissioner and State Treasurer.
Nothing in this article shall be construed to repeal or otherwise affect any law of this State relating to the purchase or use of the products of the labor of the [inmates of] persons treated in, residing in, or confined to a charitable, reformatory or penal institution of this State.
(cf: P.L.1964, c.194, s.2)
118. Section 26 of P.L.2005, c.155 (C.52:27EE-26) is amended to read as follows:
26. Office of Corrections Ombudsperson; transfer of functions.
a. All functions, powers, and duties now vested in the Corrections Ombudsperson in the Department of the Public Advocate are hereby transferred to and assumed by the Office of the Corrections Ombudsperson in, but not of, the Department of the Treasury. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Corrections Ombudsperson is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the Office of the Ombudsperson shall be independent of any supervision or control by the Department of the Treasury or by any board or officer thereof.
b. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial, or administrative proceeding, or otherwise, reference is made to the Corrections Ombudsperson in the Department of the Public Advocate the same shall mean and refer to the Office of the Corrections Ombudsperson in, but not of, the Department of the Treasury.
c. The office shall be responsible for:
(1) providing information to [inmates] incarcerated persons and their families;
(2) promoting public awareness and understanding of the rights of [inmates] incarcerated persons;
(3) identifying systemic issues and responses upon which the Governor and Legislature may act; and
(4) ensuring compliance with relevant statutes, rules, regulations, and policies concerning corrections facilities, services, and treatment of [inmates] incarcerated persons under the jurisdiction of the department.
d. The Corrections Ombudsperson shall serve as the head of the Office of the Corrections Ombudsperson.
(1) The corrections ombudsperson shall be appointed by the Governor from qualified persons of recognized judgment, independence, objectivity, and integrity, who are qualified by training or experience in corrections law and policy.
(2) A person shall be disqualified from being appointed as ombudsperson if the person or the person's spouse:
(a) is or has been employed by or participates in the management of a business entity or other organization receiving funds from the department within the last five years;
(b) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department within the last five years;
(c) uses or receives any amount of tangible goods, services, or funds from the department; or
(d) is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession related to the operation of the department or the office.
e. The corrections ombudsperson shall hold the office for a term of five years and continue to hold the office until reappointed or the appointment of a successor. The Governor may remove the ombudsperson only for neglect of duty, misconduct, or the inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.
f. The corrections ombudsperson shall report directly to the Governor.
g. The office shall be adequately funded and staffed with the requisite number of employees with expertise and training necessary to carry out the duties of the office.
h. The corrections ombudsperson may employ assistants to perform duties and exercise the same powers as the ombudsperson.
i. A person may not serve as an assistant corrections ombudsperson or employee of the office if the person or the person's spouse:
(a) is or has been employed by or participates in the management of a business entity or other organization receiving funds from the Department within the last five years;
(b) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department within the last five years;
(c) uses or receives any amount of tangible goods, services, or funds from the department; or
(d) is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession related to the operation of the department or the office.
j. The corrections ombudsperson may employ technical experts and other employees or consultants necessary to perform the duties of the office.
(cf: P.L.2019, c.288, s.6)
119. Section 27 of P.L.2005, c.155 (C.52:27EE-27) is amended to read as follows:
27. Corrections Ombudsperson; jurisdiction.
Any person, over the age of 18 years, who is convicted of a crime under the laws of the State of New Jersey and sentenced to a correctional facility for more than 364 days is a "State-sentenced" [inmate] incarcerated person and considered to be among the individuals who may properly seek redress from the Corrections Ombudsperson concerning the conditions of their confinement.
(cf: P.L.2005, c.155, s.27)
120. Section 28 of P.L.2005, c.155 (C.52:27EE-28) is amended to read as follows:
28. Corrections Ombudsperson; duties.
a. The Corrections Ombudsperson shall establish and implement procedures for eliciting, receiving, processing, responding, and resolving complaints from [inmates] incarcerated persons, their families, other interested citizens, public officials, and government agencies concerning conditions in the correctional facilities noted in section 27 of P.L.2005, c.155 (C.52:27EE-27).
b. To implement the provisions of P.L.2019, c.288, the ombudsperson shall:
(1) establish priorities for use of the resources available to the ombudsperson;
(2) maintain a Statewide toll-free telephone number, a collect telephone number, a website, and a mailing address for the receipt of complaints and inquiries;
(3) provide information, as appropriate, to [inmates] incarcerated persons, family members and representatives of [inmates] incarcerated persons, department employees, and others regarding the rights of [inmates] incarcerated persons;
(4) provide technical assistance to support [inmate] an incarcerated person's participation in self-advocacy;
(5) monitor compliance with applicable federal, State, county, and municipal laws, rules, regulations, and policies related to the health, safety, welfare, and rehabilitation of [inmates] incarcerated persons;
(6) monitor and participate in legislative and policy developments affecting correctional facilities;
(7) establish a Statewide uniform reporting system to collect and analyze data related to complaints received by the ombudsperson regarding the department;
(8) establish procedures to receive, investigate, and resolve complaints;
(9) establish procedures to gather stakeholder input into the ombudsperson's activities and priorities, which shall include holding public meetings at least quarterly;
(10) by November 1st of each year, annually submit to the Governor's office and the Legislature, and make publicly available, a report that is both aggregated and disaggregated by each facility and includes, at a minimum, the following information:
(a) the budget and expenditures of the ombudsperson;
(b) the number of complaints received and resolved by the ombudsperson;
(c) a description of significant systemic or individual investigations or outcomes achieved by the ombudsperson in the preceding year;
(d) any outstanding or unresolved concerns or recommendations of the ombudsperson; and
(e) input and comments from stakeholders regarding the ombudsperson's activities during the preceding year.
(11) promote awareness among department employees, [inmates] incarcerated persons, and family members and other members of the public regarding:
(a) how the Office of Corrections Ombudsperson may be contacted;
(b) the purpose of the office; and
(c) the services provided by the office.
(l2) provide assistance to an [inmate] incarcerated person or family member whom the ombudsperson determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the [inmate] incarcerated person;
(13) make appropriate referrals under any of the powers and duties of the office, including to appropriate law enforcement authorities when criminal complaints by [inmates] incarcerated persons are received by the office;
(14) attend any relevant training provided to correctional officers and participate in other appropriate professional training;
(15) notwithstanding any other provision of law to the contrary, review criminal investigations to ensure the investigations were accurate, unbiased, and thorough without investigating alleged criminal behavior; and
(16) adopt and comply with rules, policies, and procedures necessary to implement the provisions of P.L.2019, c.288.
(cf: P.L.2019, c.288, s.7)
121. Section 8 of P.L.2019, c.288 (C.52:27EE-28.1) is amended to read as follows:
8. The corrections ombudsperson shall conduct investigations of [inmate] incarcerated persons' complaints in accordance with the provisions of this section.
a. The ombudsperson may initiate and attempt to resolve an investigation upon the ombudperson's own initiative, or upon receipt of a complaint from an [inmate] incarcerated person, a family member, a representative of an [inmate] incarcerated person, a department employee, or any other person, including but not limited to any of the following that may adversely affect the health, safety, welfare, or rights of [inmates] incarcerated persons:
(1) abuse or neglect;
(2) department decisions or administrative actions;
(3) inactions or omissions;
(4) policies, rules, or procedures; or
(5) alleged violations of law by the department that may adversely affect the health, safety, welfare, or rights of [inmates] incarcerated persons.
b. If the ombudsperson does not investigate a complaint, the ombudsperson shall notify the complainant of the decision not to investigate and the reasons for the decision.
c. The ombudsperson shall not investigate any complaints relating to an [inmate's] incarcerated person's underlying criminal conviction.
d. The ombudsperson shall not investigate a complaint from a department employee that relates to the employee's employment relationship with the department or the administration of the department, unless the complaint is related to the health, safety, welfare, and rehabilitation of [inmates] incarcerated persons.
e. The ombudsperson shall attempt to resolve any complaint at the lowest possible level.
f. The ombudsperson may refer complainants and others to appropriate resources, agencies, or departments.
g. The ombudsperson shall not impose any fee for the submission or investigation of complaints.
h. The ombudsperson shall remain neutral and impartial and shall not act as an advocate for the complainant or for the department.
i. At the conclusion of an investigation of a complaint, the ombudsperson shall render a public decision on the merits of each complaint, except that the documents supporting the decision are subject to relevant confidentiality provisions. The ombudsperson shall communicate the decision to the [inmate] incarcerated person, if appropriate, and to the department. The ombudsperson shall state its recommendations and reasoning if, in the ombudsperson's opinion, the department or any employee should:
(1) further consider the matter;
(2) modify or cancel any action;
(3) alter a rule, practice, or ruling;
(4) explain in detail the administrative action in question; or
(5) rectify an omission.
j. At the ombudsperson's request, the department shall, within the time specified, inform the ombudsperson about any action taken on the recommendations or the reasons for not complying with the recommendations.
k. If the ombudsperson concludes, based on the investigation, that there has been, or continues to be, a significant issue regarding an [inmate's] incarcerated person's health, safety, welfare, or rehabilitation, the ombudsperson shall report the finding to the Governor and the Legislature.
l. Before announcing a conclusion or recommendation that expressly, or by implication, criticizes a person or the department, the ombudsperson shall consult with that person or the department. The ombudsperson may request to be notified by the department, within a specified time, of any action taken on any recommendation presented. The ombudsperson shall notify the [inmate] incarcerated person, if appropriate, of the actions taken by the department in response to the ombudsperson's recommendations.
m. The ombudsperson shall make available to [inmates] incarcerated persons confidential means by which to report concerns or otherwise submit complaints to the ombudsperson, which may include electronic means or a locked box, accessible only by the ombudsperson and the employees of the ombudsperson. All measures shall be taken to ensure there is no risk or credible fear of retaliation against [inmates] incarcerated persons for submitting complaints to the ombudsperson.
n. Submission of complaints to the ombudsperson shall not be part of the department administrative grievance or appeal process, and the ombudsperson's decisions shall not constitute agency action. Nothing in this section shall be deemed to constitute part of the administrative exhaustion process. The ombudsperson shall not require inmates to file grievances or other inquiries as part of the department's system to be considered ripe for review by the ombudsperson.
(cf: P.L.2019, c.288, s.8)
122. Section 9 of P.L.2019, c.288 (C.52:27EE-28.2) is amended to read as follows:
9. The corrections ombudsperson shall conduct inspections of State correctional facilities in accordance with the provisions of this section.
a. The ombudsperson shall conduct regular inspections of all department facilities and issue public reports of all inspections.
b. Except for ongoing criminal investigations, Prison Rape Elimination Act (PREA) investigations, or other information, records, or investigations deemed confidential by the Special Investigations Division of the department, and with the exception of Special Investigations Division evidence rooms, the ombudsperson may inspect, examine, or assess all aspects of a facility's operations and conditions including, but not limited to:
(1) staff recruitment, training, supervision, and discipline;
(2) [inmate] incarcerated person deaths or serious injuries;
(3) incidences of physical and sexual assault;
(4) medical and mental health care;
(5) use of force;
(6) [inmate] incarcerated person violence;
(7) conditions of confinement;
(8) [inmate] incarcerated person disciplinary processes;
(9) [inmate] incarcerated person grievance processes;
(10) substance use disorder treatment;
(11) educational, vocational, and other programming;
(12) family visitation and communication practices; and
(13) rehabilitation, reentry, and integration practices.
c. Except as provided in subsection b. of this section, the ombudsperson shall utilize a range of methods to gather and substantiate facts, including observations, interviews with [inmates] incarcerated persons, [inmate] incarcerated person surveys, document and record reviews, reports, statistics, and performance-based outcome measures.
d. Facility and other governmental officials are authorized and shall be required to cooperate fully and promptly with inspections.
e. Except as provided in subsection b. of this section, the ombudsperson shall be vested with the authority to conduct both scheduled and unannounced inspections of any part or all of the facility at any time. The ombudsperson shall adopt procedures to ensure that unannounced inspections are conducted in a reasonable manner.
f. Facility administrators shall be provided an opportunity to review reports and provide feedback about them to the ombudsperson before their dissemination to the public, but the release of the reports is not subject to approval from any entity or person outside the office.
g. Reports shall apply legal requirements, best correctional practices, and other criteria to objectively and accurately review and assess a facility's policies, procedures, programs, and practices; identify systemic problems and the reasons for them; and proffer possible solutions to those problems.
h. Subject to reasonable privacy and security requirements, or as may be necessary to protect the safety or privacy of persons or the safe, secure, and orderly operation of State correctional facilities, as determined by the department or the Special Investigations Division, the ombudsperson's reports shall be public, accessible through the Internet, and distributed to the media, Legislature, Attorney General, and Governor.
i. Facility administrators shall publicly respond to monitoring reports; develop and implement in a timely fashion action plans to rectify problems identified in those reports; and semi-annually inform the public of their progress in implementing these action plans.
j. The ombudsperson shall continue to assess and report on previously identified problems and the progress made in resolving them until the problems are resolved.
(cf: P.L.2023, c.177, s.149)
123. Section 10 of P.L.2019, c.288 (C.52:27EE-28.3) is amended to read as follows:
10. The corrections ombudsperson shall be provided access to correctional facilities and [inmate] incarcerated person records in accordance with the provisions of this section.
a. Subject to the provisions of subsection b. of this section, and except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson shall have reasonable access to correctional facilities at all times necessary to ensure that a full investigation of an incident of abuse or neglect has been conducted.
b. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), access to investigate a complaint shall be afforded when:
(1) an incident is reported or a complaint is made to the office;
(2) the ombudsperson reasonably determines there is cause to believe that an incident has or may have occurred;
(3) the ombudsperson determines that there is or may be imminent danger of serious abuse or neglect of an [inmate] incarcerated person;
(4) the ombudsperson has referred the incident or complaint to the department for investigation; and
(5) the department has declined to investigate the incident or complaint.
c. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson shall have reasonable access to all department facilities, including all areas which are used by [inmates] incarcerated persons, all areas which are accessible [inmates] to incarcerated persons, and to programs for [inmates] incarcerated persons for the purpose of:
(1) providing information about person's rights and the services available from the office, including the name, address, and telephone number of the office; and
(2) monitoring compliance with respect to the rights and safety of [inmates] incarcerated persons.
d. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson shall be vested with the authority to regularly meet, interview, and privately and confidentially communicate with any person, including staff and [inmates] incarcerated persons, both formally and informally, by telephone, mail, and in person.
e. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson has the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department that the ombudsperson considers necessary in an investigation of a complaint or the inspection of a facility. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the department may, upon the request of the ombudsperson, assist the ombudsperson in obtaining releases for those documents which are specifically restricted or privileged for use by the ombudsperson, provided however, the department shall not be liable in the case of a refusal to execute a release.
f. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), following notification from the ombudsperson with a written demand for access to agency records, the delegated department staff shall provide the ombudsperson with access to the requested documentation not later than 20 business days after the ombudsperson's request.
g. Upon notice and request by the ombudsperson, a State, county, or municipal government agency or entity that has records relevant to a complaint or an investigation conducted by the ombudsperson shall provide the ombudsperson with access to the records.
h. The ombudsperson shall work with the department to minimize disruption to the department's operations due to ombudsperson activities and shall comply with the department's security clearance processes, provided those processes do not impede the ombudsperson from carrying out the responsibilities set forth in this section.
i. The ombudsperson shall be authorized to hold public hearings, to subpoena witnesses and documents, and to require that witnesses testify under oath.
j. The ombudsperson shall enact procedures to enable facility administrators, line staff, [inmates] incarcerated persons, and others to transmit information confidentially to the monitoring entity about the facility's operations and conditions. Adequate safeguards shall be established to protect persons who transmit information to the monitoring entity from retaliation and threats of retaliation.
k. Facility and other
governmental officials shall be authorized and required to cooperate fully and
promptly with the ombudsperson. To the greatest extent possible and consistent
with the ombudsperson's duties and responsibilities under P.L.2019, c.288
(C.30:1B-6.5 et al.), the ombudsperson shall collaboratively and constructively
work with administrators, legislators, and other
appropriate persons to improve the facility's operations and conditions.
(cf: P.L.2019, c.288, s.10)
124. Section 12 of P.L.2019, c.288 (C.52:27EE-28.5) is amended to read as follows:
12. A civil action shall not be brought against any employee of the Office of the Ombudsperson for the good faith performance of responsibilities under P.L.2019, c.288.
a. A discriminatory, disciplinary, or retaliatory action shall not be taken against a department employee, subcontractor, or volunteer, an [inmate] incarcerated person, or a family member or representative of an [inmate] incarcerated person for any communication made, or information given or disclosed, to aid the office in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith.
b. This section is not intended to infringe on the rights of an employer to supervise, discipline, or terminate an employee for other reasons.
(cf: P.L.2019, c.288, s.12)
125. Section 13 of P.L.2019, c.288 (C.52:27EE-28.6) is amended to read as follows:
13. An advisory board shall be established to advise the Office of the Corrections Ombudsperson. The Governor shall appoint three positions, the President of the Senate shall appoint three positions, and the Speaker of the General Assembly shall appoint three positions. The advisory board shall designate positions for representatives of the following areas of expertise: investigations, health care, sexual assault victims' advocacy, social work, occupational safety and health, and research and data analysis. At least one position on the advisory board shall be filled by a family member of an [inmate] incarcerated person or by a formerly incarcerated person.
(cf: P.L.2019, c.288, s.13)
126. N.J.S.52:31-12 is amended to read as follows:
Nothing contained in sections 52:31-9 to 52:31-11 of this title shall be construed to affect any provision of any law of this state relating to the purchase, sale, use or disposition of the products of the labor of the [inmates of] persons treated in, residing in, or confined to any charitable, reformatory or penal institution of this state.
(cf: N.J.S.52:31-12)
127. Section 3 of P.L.1987, c.202 (C.52:32-2.3) is amended to read as follows:
a. The Legislature further finds that the "Correctional Facilities Construction Bond Act of 1987" provides for projects for the construction of correctional facilities that are required because of a critical public need or legal constraint, with respect to which there are similar needs to employ construction management personnel, engineers, architects and contractors of special skills and expertise; and that these projects will provide for buildings for the immediate housing or care of their residents or [inmates] incarcerated persons.
b. Notwithstanding the provisions of R.S. 52:32-2 and section 11 of P.L. 1981, c. 120 (C. 52:18A-78.11) to the contrary, in the case of the erection or construction of a public building or project of the New Jersey Building Authority, if the board, body or person authorized by law to award contracts for the work on the public building, or the authority for the work on the project, finds that such building or project:
(1) requires a unique application of specialized planning, management and operational strategies, skills and techniques; and
(2) requires that construction management personnel, engineers, architects and contractors whose skills and expertise will ensure the completion of the building or project in the most efficient and timely manner be employed for its planning, design and construction; then the board, body or person authorized by law to award the contracts, or the authority, may, by advertising and receiving bids in the form of a single contract, multiple branch contracts, or both, award the contract to the lowest responsible bidder or bidders, as determined by the board, body, person, or authority. There shall be set forth in the bid the name or names of, and evidence of performance security from, all subcontractors to whom the bidder will subcontract the furnishing of plumbing and gas fitting, and all kindred work, and of the steam and hot water heating and ventilating apparatus, steam power plants and kindred work, and electrical work, structural steel and ornamental iron work, each of which subcontractors shall be qualified in accordance with Title 52 of the Revised Statutes.
(cf: P.L.1987, c.202, s.3)
128. This act shall take effect immediately.
STATEMENT
This bill removes all references to the term "inmate" from the statutes, and replaces those references with the term "incarcerated person." This bill embodies the recommendation of the New Jersey Law Revision Commission, set forth in its Final Report: Regarding the Use of the Term "Inmate"; issued on June 6, 2022.
