New Jersey-2020-S3935-Introduced

An Act concerning Edna Mahan trauma credits 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. For the purposes of this section:

"Edna Mahan trauma credits" refer to credits awarded pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) to an inmate in the Edna Mahan Correctional Facility for Women for time served by the inmate during the period of investigation into allegations of sexual abuse of inmates by correctional police officers and staff at the facility conducted by the: Civil Rights Division of the United States Department of Justice, United States Attorney's Office District of New Jersey, Hunterdon County Prosecutor's office, office of the Attorney General of the State of New Jersey, and Governor of the State of New Jersey.

"Period of investigation" means the period during which the Civil Rights Division of the United States Department of Justice, the United States Attorney's Office District of New Jersey, Hunterdon County Prosecutor's office, Attorney General of the State of New Jersey, and the Governor of the State of New Jersey conducted an investigation into allegations of the sexual abuse of inmates by correctional police officers and staff at the Edna Mahan Correctional Facility for Women. The period of investigation shall begin on April 26, 2018, the date the investigation by the Civil Rights Division of the United States Department of Justice and the United States Attorney's Office District of New Jersey was initiated, and shall terminate on the effective date of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. In addition to any credits awarded pursuant to R.S.30:4-92; section 3 of P.L.2009, c.330 (C.30:4-92a); R.S.30:4-140, and section 1 of P.L.2020, c.111 (C. 30:4-123.100), Edna Mahan trauma credits shall be awarded pursuant to this section to an inmate incarcerated in the Edna Mahan Correctional Facility for Women during the period of investigation into allegations of the sexual abuse of inmates at the facility.

c. The Edna Mahan trauma credits awarded pursuant to this section shall provide further remission from both the maximum and minimum term of the inmate's sentence, including the statutory mandatory minimum term, at the rate of 183 days for each year, or portion thereof, served by an inmate confined in the Edna Mahan Correctional Facility for Women during the period of investigation. An inmate shall not be awarded Edna Mahan trauma credits pursuant to this section in excess of 365 days of remission.

d. Nothing in this section shall be deemed to limit an inmate's eligibility for parole consideration under the law governing parole.

2. This act shall take effect immediately.

STATEMENT

This bill requires Edna Mahan trauma credits to be awarded to any inmate in the Edna Mahan Correctional Facility for Women (Edna Mahan) who was incarcerated during the period of investigation into allegations of sexual abuse by correctional police officers and staff at the facility.

In April of 2018, the Civil Rights Division of the United States Department of Justice (DOJ) and the United States Attorney's Office District of New Jersey (U.S. Attorney) initiated an investigation into allegations of sexual abuse at Edna Mahan. In its report published in April 2020, the DOJ and U.S. Attorney concluded that there is reasonable cause to believe conditions at Edna Mahan violate the Eighth Amendment of the United States Constitution due to facility staff sexually abusing inmates. The report further concluded that the sexual abuse is pursuant to a pattern or practice of resistance to the full enjoyment of these Eighth Amendment rights.

In addition to any credits awarded under current law, this bill requires the award of Edna Mahan trauma credits (credits) to any inmate incarcerated in Edna Mahan during the period of investigation into allegations of the sexual abuse of inmates at the facility. The credits awarded under the bill are to provide further remission from both the maximum and minimum term of the inmate's sentence, including the statutory mandatory minimum term. The credits are to be awarded at the rate of 183 days for each year, or portion thereof, served by an inmate confined in Edna Mahan during the period of investigation. An inmate is not to be awarded credits under the bill in excess of 365 days of remission.

Under the bill, "Edna Mahan trauma credits" refers to credits awarded to an inmate for time served by the inmate during the period of investigation into allegations of the sexual abuse of inmates by correctional police officers and staff at Edna Mahan conducted by the: Civil Rights Division of the United States Department of Justice, United States Attorney's Office District of New Jersey, Hunterdon County Prosecutor's office, office of the Attorney General of the State of New Jersey, and Governor of the State of New Jersey. "Period of investigation" is defined to mean the period during which the Civil Rights Division of the United States Department of Justice, the United States Attorney's Office District of New Jersey, Hunterdon County Prosecutor's office, Attorney General of the State of New Jersey, and the Governor of the State of New Jersey conducted an investigation into allegations of the sexual abuse of inmates by correctional police officers and staff at Edna Mahan. The period of investigation begins on April 26, 2018, the date the investigation was initiated by the DOJ and U.S. Attorney, and terminates on the effective date of the bill.

Between 2010 and 2016, eight staff members were terminated for sexual misconduct at Edna Mahan. From October 2016 to November 2019, five Edna Mahan corrections officers and one civilian employee were convicted or pled guilty to charges related to sexual abuse of more than 10 women under their watch. According to the sentencing judge for one of the convicted officers, the "pervasive culture" at Edna Mahan allowed the corrections officer to abuse his "position of authority to indulge in [his] own sexual stimulation." Dozens of additional corrections officers have been indicted for charges related to sexual abuse of prisoners. Most recently, additional allegations of the mistreatment of inmates in Edna Mahan surfaced in 2021, involving approximately 30 staff members who were suspended and investigated for severely beating at least three inmates. One of the inmates suffered a broken eye socket and another transgender inmate was handcuffed and beaten so severely that she could not walk and was confined to a wheelchair.

In April 2021, a settlement was announced between the New Jersey Department of Corrections and private plaintiffs' counsel representing current and former Edna Mahan inmates. The settlement reportedly encompasses 22 claims, including two class action complaints providing up to $20,835,600 in damages and attorneys' fees for women who were either directly impacted by sexual misconduct or who were incarcerated in the facility between 2014 and the date of court approval of the settlement.