Bill Text: NJ S2385 | 2012-2013 | Regular Session | Introduced
Bill Title: Clarifies DOC authority to directly contract with private for-profit entities to provide inmate services in halfway houses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-12-17 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2385 Detail]
Download: New_Jersey-2012-S2385-Introduced.html
Sponsored by:
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
SYNOPSIS
Clarifies DOC authority to directly contract with private for-profit entities to provide inmate services in halfway houses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning residential community release programs and amending P.L.1969, c.22 and P.L.1999, c.243.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1969, c. 22 (C.30:4-91.2) is amended to read as follows:
2. The commissioner or his duly authorized agent, may designate as a place of confinement any available, suitable, and appropriate institution or facility whether owned by the State or otherwise, and may at any time transfer a person from one place of confinement to another.
The word "facility" shall include private nonprofit or private for-profit community-based residential treatment centers which [provided] provide for the care, custody, subsistence, education, training, and welfare of inmates.
Any such private nonprofit or private for-profit community-based residential treatment center must be certified annually by the commissioner as a secure and appropriately supervised place of confinement.
(cf: P.L.1976, c.35, s.2)
2. Section 1 of P.L.1999, c.243 (C.30:4-91.9) is amended to read as follows:
1. As used in this act:
"Eligible inmate" means an inmate 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 parole eligibility date, provided, however, that an eligible inmate may include an inmate who is otherwise eligible but who has more than one year but less than 18 months remaining to be served before the inmate'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 may include an inmate who is otherwise eligible but who has more than one year but less than two years remaining to be served before the inmate'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 abuse treatment program.
"Private facility" means a residential center, operated by a private nonprofit or private for-profit entity, contracted by the Department of Corrections to provide for the care, custody, subsistence, treatment, education, training or welfare of inmates sentenced to the custody of the Commissioner of Corrections.
"Sexual offense" means a violation of N.J.S.2C:14-2, N.J.S.2C:14-3 or N.J.S.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.1999, c.243, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill clarifies the authority of the Department of Corrections (DOC) to directly contract with private for-profit entities to provide services to eligible inmates who have been placed in residential community release programs. These programs include assessment and treatment centers, halfway houses, and substance abuse treatment programs. Current law only authorizes the DOC to enter into a contract with a private nonprofit entity to operate the programs.
Under the bill, the DOC would be authorized to directly contract with such for-profit entities to provide residential community release services. According to the sponsor, clarifying the law that the DOC is authorized to directly contract with for-profit entities to operate residential community release programs will save taxpayer dollars. First, it will eliminate the expenses associated with maintaining a holding company and second, it will introduce competition to the market to reduce the rate of the services provided to inmates in these programs.
