Bill Text: NJ A3499 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns community-based correctional services for certain State and county inmates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-12-03 - Introduced, Referred to Assembly Law and Public Safety Committee [A3499 Detail]
Download: New_Jersey-2012-A3499-Introduced.html
Sponsored by:
Assemblyman ALBERT COUTINHO
District 29 (Essex)
SYNOPSIS
Concerns community-based correctional services for certain State and county inmates.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning inmate services and amending various parts of the statutory law.
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 a private nonprofit or for-profit community-based residential treatment centers which [provided] provides for the care, custody, subsistence, education, training and welfare of inmates.
Any such private nonprofit or 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.
"Nationally recognized
accrediting organization" shall mean a legal entity, or that part of a legal
entity, that conducts accrediting
activities through voluntary peer review and makes decisions concerning the
accreditation status of institutions or programs, or both.
"Performance-based contracting" shall mean the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results, with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes.
"Private facility" means a residential center, operated by a private nonprofit or 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 [2C:14-2] N.J.S.2C:14-2, [2C:14-3] N.J.S.2C:14-3 or [2C:24-4] 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. Section 2 of P.L.1999, c.243 (C.30:4-91.10) is amended to read as follows:
2. On and after the effective date of P.L.1999, c.243 (C.30:4-91.9 et seq.), the Commissioner of Corrections may authorize the confinement of eligible inmates in private facilities.
The Department of Corrections and the State Parole Board shall use competitive, performance-based contracting to select which vendors will house eligible inmates in private facilities. A performance-based contract shall be awarded based on factors to be determined by the department and the board.
The department and board shall only contract for services with private facilities that meet the accreditation standards of a nationally recognized accrediting organization. An accrediting organization, which may include, but shall not be limited to, the American Correctional Association (ACA) or the Commission on Accreditation of Rehabilitation Facilities (CARF), shall be designated by the department or board.
(cf: P.L.1999, c.243, s.2)
4. Section 1 of P.L.1981, c.265 (C.30:8-48.1) is amended to read as follows:
1. a. The governing body of any county which has adopted the provisions of the act to which this act is a supplement may, by ordinance or resolution, as appropriate, establish a program for the housing in an institution or facility operated by a nonprofit organization or for-profit providing for the care, custody, subsistence, education, training, and welfare of inmates[, of any person at outside labor or permitted to attend a vocational training course].
b. Upon the adoption of the ordinance or resolution any eligible inmate may be transferred to such nonprofit or for-profit institution or facility by order of the judge at an arraignment hearing, or by the sentencing judge at the time of sentencing, or by the sentencing judge or the assignment judge of the county at any time during the term of the sentence. The court or the assignment judge ordering the transfer of an inmate shall do so on the basis of whether or not the transfer of the inmate to the facility or institution is appropriate to the needs and welfare of the inmate and other inmates, and to the security of the county jail, workhouse or penitentiary. The sentencing judge or the assignment judge shall designate the institution or facility to which the person is to be transferred and may, at any time, require that an inmate residing in the facility or institution be sent to the county jail, workhouse or penitentiary to serve the remainder of the sentence.
c. An inmate assigned to county jail by a sentencing judge, assignment judge, or judge at an arraignment hearing may be transferred to a non-profit or for-profit facility by direction of the county director of public safety or by the warden of the county jail. The transfer shall be made after an inmate is processed, granted medical clearance, and the inmate's custody security status has been assessed by the county. For the purposes of this subsection, "inmate" shall mean a person sentenced to imprisonment, or ordered to pretrial or investigative detention, in a country jail.
(cf: P.L.1981, c.265, s.1)
5. Section 2 of P.L.1981, c.265 (C.30:8-48.2) is amended to read as follows:
2. The governing body of a county which has adopted an ordinance or resolution pursuant to this act shall enter into contracts for the housing of inmates with any organization operating a facility or institution designated by the judge at an arraignment hearing, sentencing judge [or], assignment judge, county director of public safety, or warden of the county jail.
It shall be the responsibility of the county governing body or its designated representative to insure that each facility or institution is a secure and appropriately supervised place of confinement and that all units are inspected annually. The county governing body may promulgate standards to insure that facilities and institutions were inmates are residing are appropriate for the housing of such persons.
The county shall only contract for services with private facilities that meet the accreditation standards of a nationally recognized accrediting organization. An accrediting organization, which may include, but shall not be limited to, the American Correctional Association (ACA) or the Commission on Accreditation of Rehabilitation Facilities (CARF), shall be designated by the county.
The county shall use competitive, performance-based contracting to select which vendors will house eligible inmates in private facilities. A performance-base contract shall be awarded based on factors to be determined by the county.
For the purposes of this section:
"Inmate" shall mean a person sentenced to imprisonment, or ordered to pretrial or investigative detention in a country jail.
"Nationally recognized accrediting organization" shall mean a legal entity, or that part of a legal entity, that conducts accrediting activities through voluntary peer review and makes decisions concerning the accreditation status of institutions or programs, or both.
"Performance-based contracting" shall mean the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results, with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes.
(cf: P.L.1981, c. 265, s.2)
6. This act shall take effect on the first day of the fourth month after enactment.
STATEMENT
Current law authorizes the Commissioner of Corrections to designate as a place of confinement any available, suitable, and appropriate institution or facility, whether owned by the State or otherwise, and to transfer a person from one place of confinement to another. In order to increase the number of entities eligible to house and treat inmates and thereby provide cost savings to the Department of Corrections, this bill amends the definition of "facility" by removing the restriction that only private "non-profit" community-based residential treatment centers are eligible to provide for the care, custody, subsistence, education, training, and welfare of inmates.
The bill also amends the definition of "facility" for the purposes of referring county detainees to community-based facilities by allowing judges to refer county inmates to "for-profit," as well as "non-profit," community-based residential treatment centers.
Furthermore, the bill authorizes judges at arraignment hearings, county directors of public safety, and county jail wardens to refer county inmates to a nonprofit or for-profit facility. Current law only authorizes sentencing and assignment judges to make these referrals. Under the bill, an "inmate" is defined as a person sentenced to imprisonment, or ordered to pretrial or investigative detention in a county jail.
The addition of for-profit entities to the organizations eligible to provide community-based residential treatment services will increase the number of eligible bidders to provide such services. Consequently, this will ensure qualified, cost-effective services to State and county governments, as well as savings to taxpayers. The addition of for-profit entities will also ensure greater transparency by subjecting all State and county correctional treatment providers to appropriate financial and corporate disclosure provisions.
The bill also requires the Department of Corrections and the counties to utilize performance-based contracting in its contracts with vendors of services at private facilities. The bill defines "performance-based contracting" as the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results, with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes.
Finally, the bill requires private facilities contracting with the Department of Corrections or the counties to be accredited by a nationally recognized accrediting organization, such as the American Correctional Association (ACA) or the Commission on Accreditation of Rehabilitation Facilities (CARF).
