Sponsored by:
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Requires State to lower compensation rate of civilly committed sexually violent predators to same level as State inmates for institutional work.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning compensation paid to civilly committed sexually violent predators and amending P.L.1998, c.71.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1998, c.71 (C.30:4-27.34) is amended to read as follows:
11. a. The Department of Corrections shall be responsible for the operation of any facility designated for the custody, care and treatment of sexually violent predators, and shall provide or arrange for custodial care of persons committed pursuant to [this act] P.L.1998, c.71 (C.30:4-27.24 et seq.). Except as may be provided pursuant to subsection c. of section 9 of [this act] P.L.1998, c.71 (C.30:4-27.32), a person committed pursuant to [this act] P.L.1998, c.71 (C.30:4-27.24 et seq.) shall be kept in a secure facility and shall be housed and managed separately from offenders in the custody of the Department of Corrections and, except for occasional instances of supervised incidental contact, shall be segregated from such offenders.
b. The [Division of Mental Health Services] Division of Mental Health and Addiction Services in the Department of Human Services shall provide or arrange for treatment for a person committed pursuant to [this act] P.L.1998, c.71 (C.30:4-27.24 et seq.). Such treatment shall be appropriately tailored to address the specific needs of sexually violent predators.
c. Appropriate representatives of the Department of Corrections and the Department of Human Services shall participate in an interagency oversight board to facilitate the coordination of the policies and procedures of the facility.
d. Notwithstanding the provisions of section 10 of P.L.1965, c.59 (C.30:4-24.2) or any other law to the contrary, the rights and rules of conduct applicable to a person subject to involuntary commitment as a sexually violent predator pursuant to P.L.1998, c.71 (C.30:4-27.24 et seq.) shall be established by regulation promulgated jointly by the Commissioner of Human Services and the Commissioner of Corrections, in consultation with the Attorney General. The regulations promulgated under this subsection shall take into consideration the rights of patients as set forth in section 10 of P.L.1965, c.59 (C.30:4-24.2), but shall specifically address the differing needs and specific characteristics of, and treatment protocols related to, sexually violent predators. In developing these regulations, the commissioners shall give due regard to security concerns and safety of the residents, treatment staff, custodial personnel and others in and about the facility.
e. A person subject to involuntary commitment as a sexually violent predator pursuant to P.L.1998, c.71 (C.30:4-27.24 et seq.) shall be compensated at the same rate for institutional work as State inmates are compensated for comparable institutional work.
(cf: P.L.2003, c.156, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill requires civilly committed sexually violent predators to be compensated at the same rate for institutional work as State inmates are compensated for comparable work, including, but not limited to, assignments as kitchen clerks, and bathroom and laundry workers.
Currently, civilly committed sexually violent predators are paid at the minimum wage. The bill would require these individuals to be paid the same wage as State inmates for comparable work, which is less than the minimum wage.
The bill implements a recommendation made by the State Auditor in a report that covers the period from July 1, 2012 to June 30, 2014. The State Auditor estimates an approximate annual savings of $1.9 million by eliminating payment of the minimum wage to civilly committed sexually violent predators.