Bill Text: NJ A5133 | 2016-2017 | Regular Session | Introduced
Bill Title: Increases penalties for providing controlled dangerous substances to inmates.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-07-31 - Introduced, Referred to Assembly Law and Public Safety Committee [A5133 Detail]
Download: New_Jersey-2016-A5133-Introduced.html
Sponsored by:
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Increases penalties for providing controlled dangerous substances to inmates.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the provision of controlled dangerous substances to inmates and amending N.J.S.2C:29-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:29-6 is amended to read as follows:
a. Escape implements. (1) A person commits an offense if [he] the person knowingly and unlawfully introduces within an institution for commitment of persons under N.J.S.2C:4-8 or a detention facility, or knowingly and unlawfully provides an inmate with any weapon, tool, instrument, document or other thing which may be useful for escape. The offense is a crime of the second degree and shall be punished by a minimum term of imprisonment, which shall be fixed at no less than three years if the item is a weapon as defined by [N.J.S.2C:39-1(r)] subsection r. of N.J.S.2C:39-1. Otherwise it is a crime of the third degree.
(2) An inmate of an institution or facility defined by paragraph (1) of subsection a. of this section commits an offense if [he] the inmate knowingly and unlawfully procures, makes, or otherwise provides himself with, or has in his possession, [any such] an implement of escape. The offense is a crime of the second degree and shall be punished by a minimum term of imprisonment, which shall be fixed at no less than three years if the item is a weapon as defined by [N.J.S.2C:39-1(r)] subsection r. of N.J.S.2C:39-1. Otherwise it is a crime of the third degree.
As used in this section:
"Detention facility" shall include, but not be limited to, a State or county correctional facility.
"Unlawfully" means surreptitiously or contrary to law, regulation or order of the detaining authority.
b. Other contraband. [A] Except as otherwise provided in subsection c. of this section, a person commits a petty disorderly persons offense if he provides an inmate with any other thing which the actor knows or should know it is unlawful for the inmate to possess.
c. Controlled dangerous substances. (1) A person who knowingly and unlawfully introduces within an institution for commitment of persons under N.J.S.2C:4-8 or a detention facility, or knowingly and unlawfully provides an inmate with a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2, commits a crime of the third degree.
(2) An inmate of an
institution for commitment of persons under N.J.S.2C:4-8 or a detention
facility who knowingly and unlawfully
procures, makes, obtains, or otherwise possesses a controlled dangerous
substance or controlled substance analog as defined in N.J.S.2C:35-2 commits a
crime of the third degree.
Nothing in this section shall be construed to preclude a prosecution or conviction for any other offense defined by the laws of this State.
(cf: P.L. 1983, c.87, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill increases penalties for introducing controlled dangerous substances to inmates in institutions or detention facilities. Current law, N.J.S.2C:29-6, provides specific penalties for introducing into an institution or detention facility, or providing an inmate with, a weapon or implement that may be useful for escape or other contraband. An inmate who possesses these items also is subject to these penalties.
If a person commits an offense under the statute that involves the introduction, provision, or possession of a weapon or implement that may be useful for escape, it is crime of the third degree. If the crime involves a weapon that is readily capable of lethal use or of inflicting serious bodily injury, the person commits a crime of the second degree and is subject to a mandatory minimum term of imprisonment. A person who provides an inmate with any other thing which the person knows or should know is unlawful for the inmate to possess is guilty of a petty disorderly persons offense. A crime of the second degree is punishable by imprisonment for a term of five to 10 years, a fine of up to $ 150,000, or both. A crime of the third degree is punishable by imprisonment for a term of three to five years, a fine of up to $ 15,000, or both. A petty disorderly persons offense is punishable by imprisonment for a term of up to 30 days, a fine of up to $500, or both.
Currently, a person who provides an inmate with a controlled dangerous substance in violation of the statute is guilty of a petty disorderly persons offense. It is the sponsor's intent to increase the penalties for violations involving controlled dangerous substances.
Under the bill, a person who introduces into an institution or detention facility or provides an inmate with a controlled dangerous substance, or an inmate who possesses a controlled dangerous substance, is guilty of a crime of the third degree. The term "detention facility" shall include, but not be limited to, a State or county correctional facility. The bill specifies that its provisions are not to preclude a prosecution or conviction for any other offense defined by the laws of this State.
