Bill Text: NJ A4808 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities.
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced) 2026-05-04 - Introduced, Referred to Assembly Aging and Human Services Committee [A4808 Detail]
Download: New_Jersey-2026-A4808-Introduced.html
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
Establishes New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Protection of Individuals with Intellectual and Developmental Disabilities Act."
2. As used in this act:
"Abuse" means wrongfully inflicting or allowing to be inflicted physical abuse, sexual abuse, or verbal or psychological abuse or mistreatment by a caregiver upon an individual with an intellectual or developmental disability.
"Caregiver" means a person who receives State funding, directly or indirectly, in whole or in part, to provide services or supports, or both, to an individual with an intellectual or developmental disability; except that "caregiver" shall not include an immediate family member of an individual with an intellectual or developmental disability.
"Department program or facility" refers to a department-funded, -licensed, or -regulated program or facility that provides services to individuals with intellectual and developmental disabilities, including State developmental centers and community-based residential and day programs as defined by section 1 of P.L.2017, c.238 (C.30:6D-9.1).
"Developmental disability" means the same as that term is defined by section 3 of P.L.1977, c.82 (C.30:6D-3).
"Direct care staff member" means the same as that term is defined by section 1 of P.L.2017, c.238 (C.30:6D-9.1).
"Executive Director" means the Executive Director of the Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities.
"Exploitation" means the act or process of a caregiver using an individual with an intellectual or developmental disability or such individual's resources for another person's profit or advantage.
"Intellectual disability" means the same as that term is defined by section 1 of P.L.1981, c.405 (C.3B:1-2).
"Justice Center" means the New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities established pursuant to section 3 of this act.
"Medical Review Board" means the Justice Center Disability Mortality and Abuse Prevention Medical Review Board established pursuant to section 9 of this act.
"Neglect" shall consist of any of the following acts by a caregiver on an individual with an intellectual or developmental disability: willfully failing to provide proper and sufficient food, clothing, maintenance, medical care, or a clean and proper home; or failing to do or permit to be done any act necessary for the well-being of an individual with an intellectual or developmental disability.
"Substantiated" means the available information obtained during the investigation of an allegation of abuse, neglect, or exploitation indicates a finding by a preponderance of the evidence that an individual with an intellectual or developmental disability has been harmed or placed at substantial risk of harm by a caretaker or direct care staff member.
3. a. There is established in the Department of Human Services, the New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities. The Justice Center shall be headed by an Executive Director, appointed by the Governor with the advice and consent of the Senate. The Executive Director shall appoint and remove officers and employees of the Justice Center subject to the provisions of Title 11A of the New Jersey Statutes and other applicable statutes as are necessary to enable the Justice Center to perform its duties pursuant to this act and shall fix their compensation within the limits of available appropriations and as is provided by law.
b. The Executive Director shall establish policies and procedures for the Justice Center for the protection of individuals with intellectual and developmental disabilities who reside in or receive services from a department program or facility including, but not limited to policies and procedures:
(1) relating to assuring, on behalf of the State, that individuals with intellectual and developmental disabilities are afforded care that is of a uniformly high standard;
(2) relating to assuring, on behalf of the State, that individuals with intellectual and developmental disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to residents of the State; and
(3) to harmonize and improve the procedures for and quality of investigations of reportable incidents involving individuals with intellectual and developmental disabilities within the different systems of care in the State.
c. The Executive Director may enter into contracts with any person, firm, corporation, municipality, or governmental agency for the performance of functions authorized by law. The Executive Director may accept, as an agent of the State, any grant, including federal grants, or any gift for the purposes of this act. Any moneys so received may be expended by the Justice Center to effectuate any requirements of this act.
d. The Executive Director shall review the cost effectiveness of department programs and facilities for individuals with intellectual and developmental disabilities with particular attention to efficiency, effectiveness, and management, supervision, and delivery of such programs and facilities . Such review shall include:
(1) determining reasons for rising costs, if any, and possible means of controlling such costs;
(2) analyzing and comparing expenditures in the provision of services for individuals with intellectual and developmental disabilities to determine the factors associated with any variations in costs; and
(3) analyzing and comparing achievements in selected samples to determine the factors associated with variations in patient outcomes and expenditures.
4. The Justice Center shall house the Central Registry of Offenders Against Individuals with Developmental Disabilities, established pursuant to section 5 of P.L.2010, c.5 (C.30:6D-77), and shall perform all of the necessary functions related to the receipt of reports of allegations of the abuse, neglect, or exploitation of individuals with intellectual and developmental disabilities in department programs and facilities, the investigation of such allegations, and the review of substantiated findings of abuse, neglect, or exploitation, including conducting any disciplinary proceedings for State employees resulting from such substantiated findings.
5. The Justice Center shall be granted access at any and all times to any department program or facility and, consistent with federal law, to all books, records, and data pertaining to any such program or facility as deemed necessary for carrying out the Justice Center's functions, powers, and duties. The Justice Center, or its employees designated by the Executive Director, may require from the directors or employees of such programs and facilities to provide any information deemed necessary for the purpose of carrying out the Justice Center's functions, powers, and duties, including otherwise confidential information.
6. The Justice Center shall
contain two separate units, headed by two distinct deputies, one who is
responsible for the prosecution of criminal matters and one who is responsible
for the resolution of non-criminal matters. If, during an investigation, what
appeared to be a non-criminal matter warrants consideration for criminal
charges, the matter shall be promptly referred to the criminal unit.
Information collected during such investigations may only be shared between
such units in accordance with applicable State and federal laws, unless ordered
by a court in a pending proceeding.
7. a. The Justice Center shall employ a special prosecutor and inspector general for the protection of people with intellectual and developmental disabilities, who shall be appointed by the Governor. When requested by the special prosecutor, State agencies shall be required to make facilities available for office space throughout the State and to assist with respect to the duties of the special prosecutor.
b. The special prosecutor shall have the duty and power to:
(1) investigate and prosecute offenses involving the abuse, neglect, or exploitation of individuals with intellectual and developmental disabilities; and
(2) cooperate with and assist district attorneys and other local law enforcement officials in their efforts against the abuse, neglect, or exploitation of individuals with intellectual and developmental disabilities, provided that nothing herein shall interfere with the ability of district attorneys, at any time, to receive complaints, investigate, and prosecute any suspected abuse or neglect or for any persons, whether a mandated reporter or not, to report a complaint to a district attorney or other appropriate law enforcement official.
c. The special prosecutor may request and shall receive, from any agency, department, division, board, bureau, or commission of the State, or any political subdivision thereof, cooperation and assistance in the performance of the special prosecutor's duties, and may provide technical and other assistance to any district attorney or law enforcement official requesting assistance in the investigation or prosecution of abuse or neglect of individuals with intellectual and development disabilities.
d. The special prosecutor shall be empowered to apply for search warrants and, pursuant to section 2 of P.L.1979, c.488 (C.2A:84A-21.10) and except in exigent circumstances, shall give such notice as soon thereafter as is practicable; provided, however that the failure to give notice of a search warrant application to a district attorney shall not be a ground to suppress the evidence seized in executing the warrant. The special prosecutor may designate an assistant to exercise any of such powers.
e. The special prosecutor, or one of the special prosecutor's assistants, may, after consultation with the district attorney as to the time and place of such attendance or appearance, attend in person any term of the county court or supreme court having appropriate jurisdiction, including an extraordinary special or trial term of the supreme court, or appear before the grand jury thereof, for the purpose of managing and conducting in such court or before such jury a criminal action or proceeding concerned with an offense where any conduct constituting, or requisite to the completion of or in any other manner related to such offense involved, the abuse or neglect of an individual with a disability. In such case, the special prosecutor or the special prosecutor's assistant may exercise all the powers and perform all the duties in respect of such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform.
8. The Justice Center shall be responsible for:
a. establishing procedures for the notification of appropriate persons and entities with respect to reports and findings of reportable incidents;
b. representing the State in all administrative hearings and other administrative proceedings relating to discipline of State employees and adjudication of individuals charged with having committed or found to have committed abuse or neglect;
c. identifying a process for a coordinated approach to avoid the duplication of services and provide for timely responses to allegations of reportable incidents in dually licensed or co-located facilities and provider agencies, which shall include designation of a lead agency primarily responsible for carrying out the responsibilities of a facility or provider agency, including, but not limited to, incident management and reporting of such lead agency, provided that in making any such designation or re-designation of such lead agency, consideration shall be given to the following factors:
(1) the proportion of services provided or recipients served in the dually licensed or co-located facilities and provider agencies pursuant to each license or certification granted by a State oversight agency; and
(2) the designation or re-designation that would best protect the health, safety, and welfare of individuals with intellectual and developmental disabilities served by such facilities and provider agencies, provided that once designated, a lead agency shall only be re-designated as necessary to protect the health, safety, and welfare of individuals with intellectual and developmental disabilities served by such facilities and provider agencies.
d. where applicable, establishing uniform procedures for character and competence reviews of provider agencies initially, and upon renewal of licenses and operating certificates, requiring a review of performance records regarding incident management of reportable incidents affecting the safety of individuals with intellectual and developmental disabilities, including cases of systemic problems;
e. adopting and amending, as appropriate, codes of conduct for all direct care staff members, and providing a copy of such codes of conduct to all direct care staff members. Such codes shall govern the conduct of direct care staff members with respect to the safety, dignity, and welfare of individuals with intellectual and developmental disabilities, and shall include, at a minimum, provisions regarding the responsibility of direct care staff members to:
(1) support the emotional, physical, and personal well-being of individuals with intellectual and developmental disabilities, including their protection from abuse and neglect, and to seek guidance and advice to resolve issues as needed when making decisions relating to the individuals they serve;
(2) assist individuals with intellectual and developmental disabilities with self-determination, including supporting such individuals with directing the course of their own lives, honoring, where appropriate, their right to assume risk in a safe manner, and recognizing their potential for lifelong learning and growth;
(3) participate in available, appropriate training to maintain their competency and skill-level and knowledge of best practices for working with individuals with intellectual and developmental disabilities in their respective direct care positions;
(4) promote and practice justice, fairness, and equity for the individuals with intellectual and developmental disabilities they support, uphold and respect their human and civil rights, and respect their human dignity and uniqueness;
(5) assist, where appropriate, the individuals with intellectual and developmental disabilities they support in developing and maintaining relationships with family members, friends, and the community-at-large;
(6) advocate with and on behalf of individuals with intellectual and developmental disabilities to help advance their interests, needs, justice, inclusion, and meaningful participation in their communities; and
(7) report reportable incidents as required by section 4 of P.L.1993, c.249 (C.52:27D-409);
f. establishing procedures for review of reportable incidents, to identify preventive and corrective actions and to develop and implement such actions and plans of improvement subject to the requirements of any federal oversight entity;
g. establishing or updating existing training curricula for employers and employees who provide care and treatment to individuals with intellectual and developmental disabilities, and who are in supervisory positions with respect to such employees, regarding their obligations to report, investigate, and prevent reportable incidents. Training and curricula shall address topics, including, but not limited to:
(1) how to identify and report reportable incidents;
(2) the prevention of abuse and neglect;
(3) the duty to report reportable incidents;
(4) how to adhere to applicable codes of conduct;
(5) the disciplinary process and employees' rights pursuant to this act; and
(6) how supervisory staff and management can promote compliance with this act by new and existing employees.
Such training, which shall be given on a periodic basis, shall include live training and supplemental courses accessible via the Internet. Before the effective date of this act, the Justice Center shall provide adequate interactive training, which shall include live training to the extent practicable;
h. reviewing and evaluating the criminal history information for any person applying to be an employee, volunteer, or consultant for whom a criminal background check is required by law as a condition of employment at any Department programs, facilities, or licensees as defined in section 1 of P.L.2017, c.238 (C.30:6D-9.1). Such review and evaluation shall include, but not be limited to, a requirement that the applicant sign a sworn statement whether, to the best of the applicant's knowledge, the applicant has ever been convicted of a crime in this State or any other jurisdiction;
i. visiting, inspecting, or appraising the management of Department programs or facilities with specific attention to the safety, security, and quality of care provided to individuals with intellectual and developmental disablities receiving treatment or services at such programs or facilities;
j. placing department staff as safety monitors in any department programs or facilities deemed appropriate by the Executive Director;
k. developing programs aimed at assisting individuals with intellectual and developmental disabilities in understanding their legal rights, and promoting and protecting the rights of such individuals;
l. advising and assisting individuals with intellectual and developmental disabilities, family members, advocates, service providers, and community-based organizations in the formation of strategies to identify and meet the needs of individuals with intellectual and developmental disabilities, including social services and supports, advocacy, and legal assistance, and promoting awareness of the availability of such resources;
m. preparing and disseminating educational materials, and serving as an information clearinghouse, on the rights of parents and legal representatives and advocates of individuals with intellectual and developmental disabilities to access records and reports relating to patient care and treatment and all other relevant documents from department programs and facilities. Such pamphlet shall include a discussion of how to appeal a decision denying a requested record or report;
n. collaborating with the advisory and policy development board under the Office of Disability Services established pursuant to section 3 of P.L.1999, c.91 (C.30:6E-3), to advise and assist the Governor and public and private entities in the development and implementation of State policies which meet the needs of individuals with intellectual and developmental disabilities in a manner that is respectful of the rights and choices of individuals with intellectual and developmental disabilities;
o. monitoring and making recommendations regarding the quality of care provided to incarcerated individuals with intellectual and developmental disabilities and individuals with serious mental illness, including those who are in a residential mental health treatment unit or segregated confinement in facilities operated by the Department of Corrections;
p. advising and assisting educational institutions in the State in the development of courses of study for persons engaged in public and private programs for individuals with intellectual and developmental disabilities;
q. conducting or causing to be conducted such studies of the needs of individuals with intellectual and developmental disabilities as may be appropriate;
r. consulting with the Commissioner of Education regarding the promulgation of rules and regulations that every school bus driver and school bus attendant serving students with intellectual and developmental disabilities receive training and instruction relating to the understanding of and attention to the special needs of such students;
s. (1) making a preliminary determination whether matters referred to the Justice Center's attention, warrant investigation, and if so, conducting an investigation of such scope and duration as the Executive Director deems necessary and proper;
(2) making findings concerning such matters referred to the Justice Center's attention and, where it deems appropriate, making a report and recommendations, which shall be provided to the commissioner and to the director of the facility involved. Such commissioner and director shall each make a written response, within 90 days of receipt of such report, of the action taken regarding each of the recommendations in the report; and
(3) in the Justice Center's discretion, reviewing the policies and practices relating to the prevention of abuse and neglect in department programs or facilities or provider agencies, including staffing patterns of various service models and the supervision required to help ensure the safety of service recipients; and
t. doing all other things necessary to carry outs it functions, powers, and duties pursuant to this act.
9. a. There is established in the New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities the "Justice Center Disability Mortality and Abuse Prevention Medical Review Board." The Medical Review Board shall be composed of up to 15 members, including specialists in forensic pathology, psychiatry, internal medicine, and addiction medicine, to be appointed by the Governor.
b. The Governor shall designate one of the members to serve as chair of the board. Members shall be appointed for a one-year term, except one-third shall be appointed for two-year terms. Vacancies shall be filled in the same manner as original appointments for the remainder of any unexpired term. Members shall continue in office after the expiration of their terms until their successors have been appointed and qualified. Members shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The Governor may remove any member of the board whenever the Governor deems the public interest requires such removal. In case of such removal, the Governor shall file with the Department of State a statement indicating the cause for such removal.
c. The purpose of the Medical Review Board shall be to:
(1) make a preliminary determination as to whether the death of an individual with an intellectual or developmental disability, who was receiving services from a department program or facility appears to have resulted from other than natural causes and warrants investigation;
(2) investigate the causes of and circumstances surrounding such unusual death or deaths from other natural causes of individuals with intellectual and developmental disabilities who received services from such programs or facilities;
(3) visit and inspect any facility in which such a death has occurred;
(4) arrange for the body of the deceased to undergo examinations deemed necessary to determine the cause of death, including an autopsy, irrespective of whether such examination or autopsy was previously performed;
(5) upon review of the cause of and circumstances surrounding the death of an individual with an intellectual or developmental disability who was receiving services from a department program or facility, submit its report to the Executive Director and, where appropriate, make recommendations to prevent the recurrence of such death to the commissioner and to the director of the department program or facility where the death occurred; and
(6) advise the Executive Director on medical issues relevant to the functions, powers, and duties of the Justice Center, including allegations or reports of abuse or neglect of an individual with an intellectual or developmental disability, who was or is receiving services from a department program or facility.
d. All records of the proceedings and deliberations of the Medical Review Board shall be confidential and shall not be subject to disclosure. The Department of Human Services shall be authorized to provide confidential client information and records to the Medical Review Board pursuant to the protocols and procedures established in accordance with all appropriate and industry-standard controls necessary to protect the privacy and security of the data and information.
10. The Commissioner of Human Services, in collaboration with the Executive Director, shall jointly prepare and submit an annual report to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), concerning the Justice Center's work during the preceding year. Such report shall be posted on the Justice Center's Internet website, and shall include data regarding:
a. the number of reports received by the Central Registry of Offenders Against Individuals with Developmental Disabilities established pursuant to section 5 of P.L.2010, c.5 (C.30:6D-77);
b. the results of investigations disaggregated by types of department programs and facilities;
c. the types of corrective actions taken;
d. the results of the Justice Center's review of patterns and trends in the reporting of and response to reportable incidents, and the Justice Center's recommendations for appropriate preventive and corrective actions; and
e. the Justice Center's actions taken to provide training pursuant to this act.
11. This act shall take effect 90 days after the date of enactment, except that the Commissioner of Human Services may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill establishes in the Department of Human Services the New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities (Justice Center). This legislation creates a set of uniform safeguards and oversight mechanisms, to be implemented by the Justice Center, whose primary focus will be on the protection of individuals with intellectual and developmental disabilities. There is a recognized need to strengthen and standardize the safety net for individuals with intellectual and developmental disabilities receiving services from programs or facilities that are funded, licensed, or regulated by the Department of Human Services.
Under the bill, the Justice Center is to be headed by an Executive Director, who will establish policies and procedures for the Justice Center for the protection of individuals with disabilities.
The Justice Center will house the Central Registry of Offenders Against Individuals with Developmental Disabilities, established pursuant to P.L.2010, c.5, and will perform all of the necessary functions related to the receipt of reports of allegations of the abuse, neglect, or exploitation of individuals with intellectual and developmental disabilities in Department programs and facilities, the investigation of such allegations, and the review of substantiated findings of abuse, neglect, or exploitation.
The Justice Center will be granted access to any Department program or facility and to all books, records, and data pertaining to any such program or facility as deemed necessary for carrying out the Justice Center's functions, powers, and duties.
The Justice Center will contain two separate units, headed by two distinct deputies, one who is responsible for the prosecution of criminal matters and one who is responsible for the resolution of non-criminal matters.
The Justice Center will employ a special prosecutor and inspector general for the protection of people with disabilities, who shall be appointed by the Governor. The special prosecutor will have the duty and power to: (1) investigate and prosecute offenses involving the abuse, neglect, or exploitation of individuals with intellectual and developmental disabilities; and (2) cooperate with and assist district attorneys and other local law enforcement officials in their efforts against such the abuse, neglect, or exploitation of individuals with intellectual and developmental disabilities. The special prosecutor will be empowered to apply for search warrants. Under certain circumstances, the special prosecutor may attend in person any term of the county court or supreme court having appropriate jurisdiction or appear before the grand jury thereof, for the purpose of managing and conducting in such court or before such jury a criminal action or proceeding concerned with an offense where any conduct constituting, or requisite to the completion of or in any other manner related to such offense involved, the abuse or neglect of an individual with a disability.
The bill establishes in the Justice the "Justice Center Disability Mortality and Abuse Prevention Medical Review Board," composed of up to 15 members, including specialists in forensic pathology, psychiatry, internal medicine, and addiction medicine, to be appointed by the Governor. The purpose of the Medical Review Board will be to: (1) make a preliminary determination as to whether the death of an individual who was receiving services from a department program or facility appears to have resulted from other than natural causes and warrants investigation; (2) investigate the causes of and circumstances surrounding such unusual death or deaths from other natural causes of individuals who received services from such programs or facilities; (3) visit and inspect any facility in which such a death has occurred; (4) arrange for the body of the deceased to undergo examinations deemed necessary to determine the cause of death, including an autopsy, irrespective of whether such examination or autopsy was previously performed; (5) upon review of the cause of and circumstances surrounding the death of an individual who was receiving services from a department program or facility, submit its report to the Executive Director and, where appropriate, make recommendations to prevent the recurrence of such death; and (6) advise the Executive Director on medical issues relevant to the functions, powers, and duties of the Justice Center.
The bill requires the Commissioner of Human Services, in collaboration with the Executive Director, to jointly prepare and submit an annual report to the Governor and to the Legislature concerning the Justice Center's work during the preceding year. Such report will be posted on the Justice Center's Internet website, and will include data regarding: the number of reports received by the Central Registry of Offenders Against Individuals with Developmental Disabilities; the results of investigations disaggregated by types of Department programs and facilities; the types of corrective actions taken; the results of the Justice Center's review of patterns and trends in the reporting of and response to reportable incidents, and the Justice Center's recommendations for appropriate preventive and corrective actions; and the Justice Center's actions taken to provide training pursuant to this bill.
