Bill Text: NJ A5749 | 2020-2021 | Regular Session | Amended
Bill Title: Concerns sexual abuse investigations in State correctional facilities.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2021-12-20 - Senate Amendment (25-0) (Greenstein) [A5749 Detail]
Download: New_Jersey-2020-A5749-Amended.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman MILA M. JASEY
District 27 (Essex and Morris)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Co-Sponsored by:
Assemblywomen McKnight, Vainieri Huttle, Assemblyman Johnson, Assemblywomen Tucker and Downey
SYNOPSIS
Concerns sexual abuse investigations in State correctional facilities.
CURRENT VERSION OF TEXT
As amended by the Senate on December 20, 2021.
An Act concerning sexual abuse investigations in State correctional 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. In addition to the training required in subsection f. of section 4 of P.L.2019, c.288 (C.30:1B-6.8) and sections 1 and 2 of P.L.2019, c.410 (C.30:1B-6.13 et seq.), every correctional police officer assigned to the Special Investigations Division in a State correctional facility shall receive specialized in-service training in sexual abuse investigations. This specialized training shall include, but not be limited to:
(1) techniques for interviewing sexual abuse victims;
(2) proper use of warnings against self-incrimination pursuant to federal and State case law;
(3) collection of sexual abuse evidence in confinement settings; and
(4) criteria and evidence required to substantiate a case for administrative action or prosecution referral.
b. The Department of Corrections Special Investigations Division in the Edna Mahan Correctional Facility for Women shall maintain and regularly update documentation that correctional police officers assigned to the division have satisfactorily completed the specialized training in sexual abuse investigations pursuant to subsection a. of this section.
2. a. Correctional police officers assigned to the Special Investigations Division in a State correctional facility shall:
(1) when assigned and continuously thereafter, disclose any personal relationship with another staff member of the facility; and
(2) recuse themselves from participating in an investigation involving any staff member of the facility with whom they have a personal relationship.
b. After all administrative appeals are exhausted and a final adjudication is made, any correctional police officer assigned to the Special Investigations Division who does not comply with the reporting or recusal requirements of subsection a. of this section shall be liable to a penalty of not less than $2,500 or more than $5,000. The penalty shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each violation of subsection a. of this section shall constitute a separate offense.
c. Notwithstanding the penalty imposed pursuant to subsection b. of this section, any correctional police officer who does not comply with the reporting or recusal requirements of subsection a. of this section shall be subject to internal departmental disciplinary action by the Department of Corrections.
3. Any employee of a State correctional facility who is 1[responsible for coordinating compliance with the provisions of the federal Prison Rape Elimination Act (PREA) including, but not limited to,]1 the correctional facility's institutional 1federal Prison Rape Elimination Act (1PREA1)1 compliance manager1[,]1 shall be prohibited from serving as a sexual abuse investigator in the Special Investigations Division.
4. This act shall take effect on the first day of the seventh month next following enactment, but the Commissioner of Corrections may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
