Bill Text: NJ S3638 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes "Justice for Vulnerable Residents Act"; creates Justice Center for the Protection of Individuals with Intellectual or Developmental Disabilities.
Sponsorship: Slight Partisan Bill (Republican 6-3)
Status: (Introduced) 2026-02-24 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3638 Detail]
Download: New_Jersey-2026-S3638-Introduced.html
Sponsored by:
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by:
Senator Burgess
SYNOPSIS
Establishes "Justice for Vulnerable Residents Act"; creates Justice Center for the Protection of Individuals with Intellectual or Developmental Disabilities.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Justice Center for the Protection of Individuals with Intellectual or 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 cited as the "Justice for Vulnerable Residents Act."
2. The Legislature finds and declares that:
a. People with intellectual or developmental disabilities (IDD) are often vulnerable, lacking capacity to protect and defend themselves and even to articulate events that have transpired or identify an individual who may have done them harm, and those placed in State-licensed or -operated residential or day habilitations settings are particularly dependent on others for their well-being and safety.
b. The very first provisions of the New Jersey Constitution provide that "all persons...have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty...and of pursuing and obtaining safety and happiness," and that "government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it."
c. State government thus has an obligation to all residents to protect their rights and safety, which applies equally to those with IDD.
d. The State of New Jersey recognized the above when the Legislature and Governor enacted P.L.2017, c.269, which created the Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families.
e. The Office of the Ombudsman, the Department of Human Services and the Department of Children and Families have worked to maintain and, where necessary, improve the care and safety of people with IDD in State-licensed or -operated residential and day habilitation settings.
f. The Office of the Ombudsman and many advocates have urged a major restructuring of the way in which allegations of abuse, neglect, and exploitation in State-licensed or -operated residential and day habilitation settings are processed and investigated, noting the need to centralize and make more independent the investigation these authorities now vested in the Department of Human Services and the Department of Children and Families.
g. The State of New York has for several years employed a model for oversight of various facilities and services for people with IDD and other conditions that may render them more vulnerable than others, which has streamlined and coordinated a system for complaints and investigations that has been recommended by the Ombudsman and many advocates for people with IDD for review and potential use as a model for New Jersey to adapt for use in this State.
h. This act is intended to implement provisions based on that model to support and protect the health, safety, and dignity of people with IDD in New Jersey, specifically with respect to State-licensed or -operated residential and day habilitation settings.
3. 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.
"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).
"Director" means the Director of the Justice Center for the Protection of Individuals with Intellectual or 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 the caregiver's or another person's profit or advantage.
"Individual" means a person, including a person who is under the age of 18 years old or an adult.
"Intellectual disability" means the same as that term is defined by N.J.S.3B:1-2.
"Justice Center" means the Justice Center for the Protection of Individuals with Intellectual or 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 11 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.
"State-licensed or -operated residential or day habilitation" refers to a State-funded, -licensed, -regulated, or -operated program or facility that provides services to individuals with intellectual or 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).
"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.
4. a. There is established in, but not of, the Department of Law and Public Safety the Justice Center for the Protection of Individuals with Intellectual or Developmental Disabilities. The Justice Center shall be independent of any supervision and control of any State agency. The Justice Center shall be headed by a director, appointed by the Governor with the advice and consent of the Senate. The 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 director to perform his duties pursuant to this act and shall fix the compensation of the Justice Center's employees and officers within the limits of available appropriations and as provided by law.
b. The director shall establish policies and procedures for the Justice Center for the protection of individuals with intellectual or developmental disabilities who reside in or receive services from a State-licensed or -operated residential or day habilitation program including, but not limited to policies and procedures to harmonize and improve the procedures for and quality of investigations of reportable incidents involving individuals with intellectual or developmental disabilities in order to provide for the safety of those individuals within the different systems of care in the State.
c. The director may enter into contracts with any person, firm, corporation, municipality, or governmental agency for the performance of functions authorized by law. The 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 shall be expended by the Justice Center to effectuate any requirements of this act.
d. Notwithstanding any law, rule, or regulation to the contrary, all appropriations and other monies available, and to become available, that relate to the investigation of allegations of the abuse, neglect, or exploitation of individuals with intellectual or developmental disabilities in State-licensed or -operated residential or day habilitation programs and facilities are hereby transferred to the Justice Center and shall be available for the objects and purposes for which these monies are appropriated, subject to the provisions of this act and any other terms, restrictions, limitations, or other requirements imposed by law.
e. All officers and employees of the Department of Human Services and Department of Children and Families engaged in the investigation of allegations of the abuse, neglect, or exploitation of individuals with intellectual or developmental disabilities in State-licensed or -operated residential or day habilitation programs and facilities shall be transferred to the Justice Center.
5. a. Upon the initiation of an investigation conducted or overseen by the Justice Center, the Justice Center shall:
(1) ensure that any communication concerning the alleged abuse, neglect, or exploitation of an individual with an intellectual or developmental disability between a caregiver, case manager of the caregiver, the case manager's supervisor, or other staff is identified, safeguarded from loss or destruction, and maintained in a secure location; and
(2) contact the Office of the Attorney General, which shall determine whether to participate in the investigation.
b. Each investigation shall be completed within 90 days, unless the investigation requires an extension of time pursuant to policies and procedures established by the director.
c. The director shall issue a written report within 30 days of the completion of each investigation that includes:
(1) the conclusions of the Justice Center;
(2) the rationale for the conclusion;
(3) a detailed summary of any communication secured pursuant to the investigation; and
(4) an assessment of the role of any case manager of a caregiver or the case manager's supervisor, if applicable, in the allegation of abuse, neglect, or exploitation and a recommendation about whether any civil or criminal action should be brought against the case manager or supervisor.
6. 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 or developmental disabilities in State-licensed or -operated residential or day habilitation 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.
7. The director shall be granted access at any and all times to any State-licensed or -operated residential or day habilitation 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 director's functions, powers, and duties. The Justice Center, or its employees as 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.
8. The Justice Center shall contain two separate units, headed by two distinct deputy directors, one responsible for the prosecution of criminal matters pursuant to section 8 of this act and one responsible for the resolution of non-criminal matters pursuant to section 9 of this act. 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 the units in accordance with applicable State and federal laws, unless ordered by a court in a pending proceeding.
9. a. The Justice Center shall employ a deputy director of criminal investigations, who shall be appointed by the Governor. When requested by the deputy director, 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 deputy director.
b. The deputy director shall have the duty and power to:
(1) investigate and prosecute offenses involving the abuse, neglect, or exploitation of individuals with intellectual or developmental disabilities; and
(2) cooperate with and assist county prosecutors and other local law enforcement officials in their efforts against the abuse, neglect, or exploitation of individuals with intellectual or developmental disabilities, provided that nothing herein shall interfere with the ability of county prosecutors, 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 county prosecutor or other appropriate law enforcement official.
c. The deputy director 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 deputy director's duties, and may provide technical and other assistance to any county prosecutor or law enforcement official requesting assistance in the investigation or prosecution of abuse or neglect of individuals with intellectual or development disabilities.
d. The deputy director shall be empowered to apply for search warrants and, except in exigent circumstances, shall give such notice as soon thereafter as is practicable; however, the failure to give notice of a search warrant application to a county prosecutor shall not be a ground to suppress the evidence seized. The deputy director, with approval from the director, may designate assistants, as necessary, to exercise any enumerated power of the deputy director.
e. The deputy director, or one of the deputy director's assistants, may, after consultation with the county prosecutor as to the time and place of such attendance or appearance, attend or appear in person at any term of the Superior 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 of 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 an intellectual or developmental disability. In such case, the deputy director or the deputy director's assistant may exercise all the powers and perform all the duties which a county prosecutor would otherwise be authorized or required to exercise or perform.
10. a. The Justice Center shall employ a deputy director of civil investigations, who shall be appointed by the Governor. When requested by the deputy director, 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 deputy director.
b. The deputy director shall have the duty and power to:
(1) investigate non-criminal offenses involving the abuse, neglect, or exploitation of individuals with intellectual or developmental disabilities;
(2) refer matters for further civil, criminal, and administrative action to the appropriate authorities when applicable; and
(3) issue a report on the findings of an investigation and, when applicable, issue recommendations for corrective or remedial action to the appropriate licensing entity.
c. The deputy director 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 deputy director's duties.
d. The deputy director, with approval from the director, may designate assistants, as necessary, to exercise any enumerated power of the deputy director.
11. The director 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 as a result of an investigation conducted or overseen by the Justice Center;
c. identifying a process for a coordinated approach to provide for timely responses to allegations of reportable incidents;
d. where applicable, establishing uniform procedures for initial character and competence reviews of provider agencies, and requiring a review of performance records regarding incident management of reportable incidents affecting the safety of individuals with intellectual or developmental disabilities, including cases of systemic problems upon renewal of licenses and operating certificates;
e. adopting and amending, as appropriate, codes of conduct for all direct care staff members, which codes of conduct shall be signed or otherwise acknowledged by the direct care staff members, in writing or electronically, 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 or 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 or developmental disabilities, including providing protection from abuse and neglect, and seeking guidance and advice to resolve issues as needed when making decisions relating to the individuals they serve;
(2) assist individuals with intellectual or 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 competency, skill-level, and knowledge of best practices for working with individuals with intellectual or developmental disabilities;
(4) promote and practice justice and fairness for the individuals with intellectual or developmental disabilities by supporting, upholding and respecting the human and civil rights, and the human dignity and uniqueness of individuals with intellectual or developmental disabilities;
(5) assist, where appropriate, individuals with intellectual or developmental disabilities in developing and maintaining relationships with family members, friends, and the community at large;
(6) advocate with, and on behalf of, individuals with intellectual or 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. adopting and amending, as appropriate, a code of conduct for all employees of the Justice Center and members of the Medical Review Board, which code of conduct shall be signed or otherwise acknowledged by the employee or member in writing or electronically;
g. develop minimum requirements for each job title in the Justice Center and require relevant experience for investigative and criminal prosecution job titles;
h. establishing procedures for the review of reportable incidents in order 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;
i. establishing, or updating existing, training curricula for employers, and employees, who provide care and treatment to individuals with intellectual or developmental disabilities, and for those employees who are in supervisory positions, training curricula regarding such employee's 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.
Such training, which shall be given on a periodic basis, shall include live training and supplemental courses accessible via the Internet;
j. reviewing and evaluating the criminal history information of 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 State-licensed or -operated residential or day habilitation program, facility, or licensee 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;
k. visiting, inspecting, or appraising the management of State-licensed or -operated residential or day habilitation programs or facilities with specific attention to the safety, security, and quality of care provided to individuals with intellectual or developmental disabilities receiving treatment or services at such programs or facilities;
l. placing staff as safety monitors in any State-licensed or -operated residential or day habilitation program or facility deemed appropriate by the director;
m. developing programs aimed at assisting individuals with intellectual or developmental disabilities in understanding their legal rights, and promoting and protecting the rights of such individuals;
n. advising and assisting individuals with intellectual or 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 or developmental disabilities, including social services and supports, advocacy, and legal assistance, and promoting awareness of the availability of such resources;
o. 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 or developmental disabilities to access records and reports relating to patient care and treatment, and all other relevant documents from State-licensed or -operated residential or day habilitation programs and facilities. Such materials shall include a discussion of how to appeal a decision denying a requested record or report;
p. 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 or developmental disabilities in a manner that is respectful of the rights and choices of individuals with intellectual or developmental disabilities;
q. conducting or causing to be conducted such studies on the needs of individuals with intellectual or developmental disabilities, as may be appropriate;
r. (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 director deems necessary and proper;
(2) making findings concerning such matters referred to the Justice Center and, where appropriate, making a report and recommendations, which shall be provided to the Commissioner of Human Services or the Commissioner of Children and Families, as appropriate, 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 director's discretion, reviewing the policies and practices relating to the prevention of abuse and neglect in State-licensed or -operated residential or day habilitation 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;
s. consulting, from time to time, with the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families and complying with, within three business days, any of the Ombudsman's requests for information, except for when it is necessary to keep such information confidential due to an ongoing criminal investigation;
t. doing all other things necessary to carry out it functions, powers, and duties pursuant to this act.
12. a. There is established in the Justice Center for the Protection of Individuals with Intellectual or Developmental Disabilities the "Justice Center Disability Mortality and Abuse Prevention Medical Review Board." The medical review board shall be composed of 11 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 of the members initially appointed shall be appointed for a term of two years. Vacancies shall be filled in the same manner as the original appointment and shall be for the remainder of the unexpired term. A member shall continue to serve after the expiration of his term until a successor has been appointed and qualified. A member shall receive no compensation but shall be reimbursed for any actual and necessary expenses incurred in the performance of the member's duties. The Governor may remove any member of the board if the Governor deems the public interest requires such removal. In case of such removal, the Governor shall give notice to the Legislature and 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 State-licensed or -operated residential or day habilitation program or facility, appears to have resulted from other than natural causes and warrants investigation;
(2) investigate the causes of, and circumstances surrounding, an unusual death from other than natural causes of an individual with intellectual or developmental disabilities who received services from a State-licensed or -operated residential or day habilitation program or facility;
(3) visit and inspect any facility in which such an unusual death from other than natural causes 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 State-licensed or -operated residential or day habilitation program or facility, submit a report to the director and, where appropriate, make recommendations to prevent the recurrence of such death to the Commissioner of Human Services or the Commissioner of Children and Families, as appropriate, and to the director of the State-licensed or -operated residential or day habilitation program or facility where the death occurred; and
(6) advise the 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 State-licensed or -operated residential or day habilitation 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 and Department of Children and Families 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.
13. The director shall prepare and submit an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, 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 type of State-licensed or -operated residential or day habilitation program and facility;
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 actions taken by the Justice Center to provide training pursuant to this act.
14. This act shall take effect 60 days after the date of enactment.
STATEMENT
This bill establishes the Justice Center for the Protection of Individuals with Intellectual or Developmental Disabilities (Justice Center). The Justice Center is established in, but not of, the Department of Law and Public Safety. 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 or developmental disabilities.
There is a recognized need to strengthen and standardize the safety net for individuals with intellectual or developmental disabilities receiving services from programs or facilities that are funded, licensed, or regulated by the State. The Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families and many other advocates have urged a major restructuring of the way in which allegations of abuse, neglect, and exploitation in State-licensed or -operated residential and day habilitation settings are processed and investigated, noting the need to centralize and make more independent the investigation authorities now vested in the Department of Human Services and the Department of Children and Families. They have recommended New York's Justice Center for the Protection of People With Special Needs for review and potential use as a model for New Jersey to adapt for use in this State. This bill implements provisions based on that model to support and protect the health, safety, and dignity of people with intellectual or developmental disabilities in New Jersey.
Under the bill, the Justice Center is to be headed by a director, who will establish policies and procedures for the Justice Center.
The Justice Center will house the Central Registry of Offenders Against Individuals with Developmental Disabilities and perform all of the necessary functions related to the registry.
The Justice Center will employ a deputy director of criminal investigations and a deputy director of civil investigations. The deputy directors will have the duty and power to investigate criminal and non-criminal offenses involving the abuse, neglect, or exploitation of individuals with intellectual or developmental disabilities.
Upon the initiation of an investigation, the Justice Center will: ensure that certain communications concerning alleged abuse, neglect, or exploitation are identified, safeguarded, and maintained in a secure location; and contact the Office of the Attorney General, which will determine whether to participate in the investigation. Each investigation will be completed within 90 days, unless the investigation requires an extension of time. The director will issue a written report within 30 days of the completion of each investigation.
The bill establishes in the Justice Center the Justice Center Disability Mortality and Abuse Prevention Medical Review Board to review the deaths of certain individuals with an intellectual or developmental disability.
The bill requires the director to prepare and submit an annual report concerning the Justice Center's work during the preceding year.
