Bill Text: NJ A4810 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes minimum health and safety standards for, and oversight of, State prisons, county jails, and privately-operated secure facilities in New Jersey.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-05-04 - Introduced, Referred to Assembly Judiciary Committee [A4810 Detail]
Download: New_Jersey-2026-A4810-Introduced.html
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Establishes minimum health and safety standards for, and oversight of, State prisons, county jails, and privately-operated secure facilities in New Jersey.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the operation of State correctional and privately-operated secure facilities and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Board" shall mean the Secure Facility Oversight Board established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. "Certificate of compliance" means a certificate issued by Secure Facility Oversight Board to a privately-operated secure facility, upon application by the private facility. A certificate may only be issued to a privately-operated secure facility that meets the requirements set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). A secure facility shall not be permitted to operate in this State without a valid certificate of compliance.
"Commissioner" means the Commissioner of Health.
"Corrective action plan" shall mean a plan issued by the Secure Facility Oversight Board to a privately-operated secure facility, or a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity, that has been found by the board to be in violation of one or more of the provisions established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and which outlines corrective actions to be taken by the facility.
"Privately-operated secure facility" shall mean a facility:
(1) in which individuals are detained, housed, and supervised on a 24-hour basis;
(2) that is equipped with security safeguards for the detention of those housed in the facility and to prevent unauthorized access to the facility;
(3) in which the daily administration and operations of the secure facility are managed by a private, non-governmental entity; and
(4) which is not contracted to operate in the State by the New Jersey Department of Corrections, the Youth Justice Commission, or another State or local governmental entity.
2. a. Following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a privately-operated secure facility shall not be permitted to operate in this State unless a valid certificate of compliance has been issued by the Secure Facility Oversight Board, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A privately-operated secure facility may apply for a certificate of compliance in accordance with procedures established by the Commissioner of Health pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). The contract pursuant to which the secure facility is to operate shall be appended to the application.
c. In order to be eligible to receive a certificate of compliance, a contract awarded to a privately-operated secure facility shall include, and the facility shall be required to implement, the terms and conditions enumerated in this section.
d. Any person detained in a privately operated secure facility shall:
(1) receive a minimum of three meals per day which:
(a) meet the dietary guidelines established by the New Jersey Department of Corrections;
(b) provide culturally appropriate options; and
(c) provide options for individuals with dietary restrictions;
(2) have unlimited access to clean drinking water which meets the standards set forth in the "Safe Drinking Water Act," 42 U.S.C. s.300f et seq.;
(3) have access to education and workforce skills or vocational training programs;
(4) have daily access to:
(a) showers and toilets;
(b) toiletries;
(c) sanitary products, as deemed appropriate by the commissioner;
(d) natural light for not less than five hours per day;
(e) a bed with appropriate bedding including, but not limited to, blankets and pillows; and
(f) clothing that is appropriate and which is modified, as need, based on the weather, and temperature in the facility.
e. Each privately-operated secure facility shall:
(1) be comprised of sleeping areas that are a minimum of 100 square feet for each person housed in the sleeping area;
(2) common areas that are a minimum of 125 square feet per person that will access and utilize the common area; and
(3) have adequate ventilation and climate control;
f. Each person housed in a privately operated secure facility shall be afforded unencumbered access to:
(1) legal representation, including access to private rooms to meet with a legal representative;
(2) appropriate legal resources;
(3) communication devices which the person may utilize at no cost for up to 120 minutes per week;
(4) visitation consisting of not less than 20 hours per week of in-person visits; and
(5) visitation in a location within the facility that accommodates visits with children and elderly or disabled visitors.
g. Each secure facility shall be accessible for both scheduled and unscheduled inspections to be performed by the Secure Facility Oversight Board in order to ensure compliance with the health and safety requirements established pursuant to this section. Failure to permit access by the board to the secure facility shall be considered a violation, subject to the penalties set forth in subsection h. of this section.
h. A privately-operated secure facility that violates a required condition enumerated in this section shall be subject to a penalty to be imposed by the commissioner, as follows:
(1) for a first violation:
(a) the commissioner shall issue to the facility a written notice of the violation and corrective action plan with which the facility shall comply with within 30 days of issuance, or upon the date established in the corrective action plan, whichever is later; and
(b) if the corrective action plan is not implemented within the required timeframe, the facility's certificate of compliance shall be revoked;
(2) for a second violation:
(a) a civil penalty of not less than $50,000 and not greater than $100,000;
(b) revocation of the certificate of compliance; and
(c) the facility shall be required to cease all operations, regardless of the duration of the contract under which the facility is operating.
3. a. In addition to any other minimum standards required for the administration of correctional facilities in this State, the administrator, superintendent, warden, or other person responsible for the operation of a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity shall ensure that the State, county, or municipal correctional facility, youth detention facility, or other correctional facility is in compliance with the minimum standards established pursuant to this section.
b. Each person incarcerated in a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity shall:
(1) receive a minimum of three meals per day which:
(a) meet the dietary guidelines established by the New Jersey Department of Corrections;
(b) provide culturally appropriate options; and
(c) provide options for individuals with dietary restrictions;
(2) have unlimited access to clean drinking water which meets the standards set forth in the "Safe Drinking Water Act," 42 U.S.C. s.300f et seq.;
(3) have access to education and workforce skills or vocational training programs;
(4) have daily access to:
(a) showers and toilets;
(b) toiletries;
(c) sanitary products, as deemed appropriate by the commissioner;
(d) natural light for not less than five hours per day;
(e) a bed with appropriate bedding including, but not limited to, blankets and pillows; and
(f) clothing that is appropriate and which is modified, as need, based on the weather, and temperature in the facility.
c. Each State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity shall:
(1) be comprised of sleeping areas that are a minimum of 100 square feet for each person housed in the sleeping area;
(2) common areas that are a minimum of 125 square feet per person that will access and utilize the common area; and
(3) have adequate ventilation and climate control;
d. Each person housed in a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity shall be afforded unencumbered access to:
(1) legal representation, including access to private rooms to meet with a legal representative;
(2) appropriate legal resources;
(3) communication devices which the person may utilize at no cost for up to 120 minutes per week;
(4) visitation consisting of not less than 20 hours per week of in-person visits; and
(5) visitation in a location within the facility that accommodates visits with children and elderly or disabled visitors.
b. The administrator, superintendent, warden, or other person responsible for the operation of a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity shall ensure that the facility is accessible for both scheduled and unscheduled inspections to be performed by the Secure Facility Oversight Board in order to ensure compliance with the health and safety requirements established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The administrator, superintendent, warden, or other person responsible for the operation of a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity that is found to be in violation of the minimum standards established pursuant to this section shall implement a corrective action plan issued by the Secure Facility Oversight Board pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). All corrective actions shall be completed within 30 days of the date of receipt of the corrective action plan, or upon the date established in the corrective action plan, whichever is later.
d. Nothing in this section shall be construed to create a private right of action against a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity.
4. a. There shall be established in the Department of Health a Secure Facility Oversight Board, which shall consist of eleven members, as follows: the Commissioner of the New Jersey Department of Corrections, or a designee; the President of the New Jersey County Jail Wardens Association, or a designee; the President of the New Jersey State Association of Chiefs of Police, or a designee; the Corrections Ombudsperson, or a designee; two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and three members appointed by the Governor, all of whom shall have experience in the operation and oversight of correctional facilities, residential community release facilities, residential treatment facilities, or other secure facilities.
For the initial appointments, one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and one member appointed by the Governor shall serve for terms of one year; one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and two members appointed by the Governor shall serve for terms of two years.
Following the expiration of the initial terms, members of the board shall be appointed for terms of four years. Any vacancy occurring in the membership of the board shall be filled in the same manner as the original appointment, but for the unexpired term only.
Appointive members of the board shall continue to serve as voting members until their successors are appointed. The board shall meet at least quarterly and at such other times as its rules may prescribe or, as in its judgment, may be necessary.
The appointive members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
b. It shall be the duty of the board to:
(1) conduct inspections of each State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity to ensure compliance with the minimum standards established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill):
(a) with an initial inspection of each facility to be conducted within two years following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and subsequent inspections to be conducted not less than once during every two year-period thereafter; and
(b) upon the request of the Office of the Corrections Ombudsperson;
(2) if the board determines that a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity is in violation of one or more of the requirements set forth in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall issue a notice to the facility and provide a corrective action plan to the administrator, superintendent, warden, or other person responsible for the operation of the State, county, or municipal correctional facility, youth detention facility, or other correctional facility.
(3) in response to an application pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), issue a certificate of compliance for the operation of a privately-operated secure facility that meets the requirements set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(4) conduct inspections of a privately-operated secure facility to ensure continued compliance with the requirements set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(5) if an application by a secure facility for a certificate of compliance is denied, the board shall provide written notice of the reasons for the denial.
5. The Commissioner of Health, in consultation with the Attorney General, and Commissioner of Corrections, shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.
6. This act shall take effect on the first day of the third month next following the date of enactment. The Commissioner of Health, Commissioner of Corrections, and the Attorney General may take any anticipatory action necessary to implement the provisions of this act.
STATEMENT
This bill establishes minimum health and safety standards for, and oversight of, privately-operated secure facilities and each State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity.
Under the bill, a privately-operated secure facility is not permitted to operate in this State unless a valid certificate of compliance has been issued by the Secure Facility Oversight Board (board), established under the bill. A "privately-operated secure facility" is defined under the bill to mean a facility: in which individuals are detained, housed, and supervised on a 24-hour basis; that is equipped with security safeguards for the detention of those housed in the facility and to prevent unauthorized access; in which the daily administration and operations of the secure facility are managed by a private, non-governmental entity; and which is not contracted to operate in the State by the New Jersey Department of Corrections, Youth Justice Commission, New Jersey Judiciary, or another State or local governmental entity.
In order to be eligible to receive a certificate of compliance, a contract awarded to a privately-operated secure facility is required to include, and the facility is required to implement, the terms and conditions enumerated in the bill. These terms and conditions establish minimum standards for the health and safety of the persons housed in the facility which include, but are not limited to, standards for nutrition, personal care, appropriate housing units and common areas, access to legal representation, and communication and visitation.
Each facility is required to be accessible for both scheduled and unscheduled inspections to be performed by the board in order to ensure compliance with the health and safety requirements established pursuant to the bill. Failure to permit access by the board to the secure facility is considered a violation, subject to the penalties set forth in the bill.
A privately operated secure facility that violates a required condition enumerated in the bill is subject to penalties to be imposed by the Commissioner of Health. For a first violation, the commissioner will issue a written notice of the violation and a corrective action plan, with which the facility is required to comply with within 30 days of issuance or face revocation of the certificate of compliance. For a second violation, a civil penalty of not less than $50,000 and not greater than $100,000 is to be imposed by the commissioner; and the certificate of compliance is to be revoked and the facility is to be required to cease all operations, regardless of the duration of the contract under which the facility is operating.
In addition to any other requirements for the administration of correctional facilities in this State, the bill requires the administrator, superintendent, warden, or other person responsible for the operation of a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity is required to ensure that the correctional facility, youth detention facility, or other correctional facility is in compliance with the minimum standards established under the bill. The bill requires the administrator, superintendent, warden to ensure that the facility is accessible for both scheduled and unscheduled inspections to be performed by the Secure Facility Oversight Board, established under the bill, and to implement any corrective action issued by the board within 30 days, or upon the date provided by the board, whichever is later.
Nothing in the bill is to be construed to create a private right of action against a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity.
The bill establishes in the board in the State Department of Health. The board is to consist of eleven members, as follows: the Commissioner of the New Jersey Department of Corrections, or a designee; the President of the New Jersey County Jail Wardens Association, or a designee; the President of the New Jersey State Association of Chiefs of Police, or a designee; the Corrections Ombudsperson, or a designee; two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and three members appointed by the Governor, all of whom are required to have experience in the operation and oversight of correctional facilities, residential community release facilities, residential treatment facilities, or other secure facilities.
The board is responsible for:
� conducting inspections of each State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity to ensure compliance with the minimum standards established under the bill, with an initial inspection of each facility to be conducted within two years following the effective date of the bill and at least once during every two year-period thereafter; and upon the request of the Office of the Corrections Ombudsperson;
� if the board determines that a State, county, or municipal correctional facility, youth detention facility, or other correctional facility in the State administered by a State or local governmental entity is in violation of one or more of the requirements set forth under the bill), the board is required to issue a notice to the facility and provide a corrective action plan.
� in response to an application, issuing a certificate of compliance to a privately-operated secure facility that meets the requirements set forth in the bill;
� conduct inspections of a privately-operated secure facility to ensure continued compliance with the requirements set forth in the bill; and
� if an application by a secure facility for a certificate of compliance is denied, the board is required to provide written notice of the reasons for the denial.
