New Jersey-2020-S1307-Introduced

An Act concerning community supervision and supplementing Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. A person who is subject to community supervision pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4) or who is released from the Adult Diagnostic and Treatment Center shall be required to participate in an aftercare program as established by the Commissioner of Corrections.

A person who is required to participate in an aftercare program may choose a treatment provider other than a private entity which has contracted with the State if the offender pays for all aftercare treatment with the offender's own funds. The treatment provider shall be approved by the Department of Corrections and shall certify to the department that the offender is participating in the treatment program.

b. A person who is granted release from community supervision after petitioning the Superior Court pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4) will no longer be required to participate in an aftercare program. A person may, however, participate in an aftercare program voluntarily at the person's own expense.

c. A person who is required to participate in an aftercare program and fails to satisfactorily participate in the program as required, as certified by a participating treatment provider, shall be guilty of a crime of the fourth degree.

2. a. A person who is required to participate in an aftercare program pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall pay to the commissioner a portion of the cost of the person's aftercare treatment based upon his financial ability to pay. The commissioner shall determine the offender's financial ability to pay based upon proof submitted by the offender. The offender shall submit to the commissioner his financial records each year. The portion to be paid by an offender shall be reviewed annually.

b. The commissioner may grant permission for the payment to be made within a specified period of time or in specified installments. All fees provided for in this section shall be in addition to any other penalty or fee authorized by law.

c. All moneys collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in a nonlapsing revolving fund to be known as the "Community Supervision Aftercare Fund." Monies in the fund shall be appropriated on an annual basis for the purposes of funding the

aftercare treatment program established pursuant to P.L. , c. (C.) (pending before the Legislature as this bill).

3. This act shall take effect immediately.

STATEMENT

This bill would mandate the development of an aftercare treatment program as part of community supervision imposed pursuant to P.L.1994, c.130 (C.2C:43-6.4). Under the provisions of the bill, a person subject to community supervision would be required to participate in aftercare treatment. A person required to participate in aftercare treatment would no longer be required to do so if that person is released from community supervision. The bill allows the person to participate voluntarily, however, at the person's own expense. If a person fails to satisfactorily participate during community supervision, the person would be guilty of a fourth degree crime.

The bill directs the Commissioner of Corrections to determine if an offender is capable of paying for the aftercare treatment, or any portion thereof. The offender would be required to pay the commissioner for that portion he or she is financially able to pay, as determined by the commissioner, and the State would fund the balance. The offender's financial situation would be monitored annually to determine financial ability, and the portion he or she pays adjusted accordingly.