Bill Text: NJ S1817 | 2010-2011 | Regular Session | Introduced

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Bill Title: Clarifies that statute making "good behavior" credits at the Adult Diagnostic and Treatment Center contingent upon participation in treatment program applies to all inmates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-22 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1817 Detail]

Download: New_Jersey-2010-S1817-Introduced.html

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SENATE, No. 1817

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 22, 2010

 

 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Mercer)

 

 

 

 

SYNOPSIS

     Clarifies that statute making "good behavior" credits at the Adult Diagnostic and Treatment Center contingent upon participation in treatment program applies to all inmates.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning the Adult Diagnostic and Treatment Center and amending P.L.1994, c.129.

 

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

 

     1.  Section 1 of P.L.1994, c.129 (C.2C:47-8) is amended to read as follows:

     1.  a.  Notwithstanding the provisions of section 7 of P.L.1979, c.441 (C.30:4-123.51), R.S.30:4-140, R.S.30:4-92 or any other law, a term of imprisonment imposed on a person confined to the Adult Diagnostic and Treatment Center pursuant to the provisions of chapter 47 of this Title shall not be reduced by progressive time credits or credits for diligent application to work and other institutional assignments for any year or fractional part of a year if the person failed to fully cooperate with all treatment offered to him during that time period.  This section shall not prohibit the reduction of a person's term of imprisonment by such credits if the person is entitled to the credits pursuant to the provisions of subsection g. of N.J.S.2C:47-3.

     b.  The provisions of subsection a. of this section shall apply to all persons:

     (1)  confined in the Adult Diagnostic and Treatment Center for a program of specialized treatment under the provisions of chapter 47 of Title 2C of the New Jersey Statutes on the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill); and

     (2)  sentenced and committed to confinement in the Adult Diagnostic and Treatment Center for a program of specialized treatment under the provisions of chapter 47 of Title 2C of the New Jersey Statutes on and after the effective date of P.L.    , c.    (C.       ) (pending before the Legislature as this bill).

(cf:  P.L.1998, c.72, s.5)

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     The purpose of this bill is to clarify the applicability of P.L.1994, c.129 (C.2C:47-8) which provides that the inmates of the Adult Diagnostic and Treatment Center (ADTC) are to be eligible for "good behavior" credits only if they participated in the center's treatment programs.

     The Department of Corrections is interpreting the statute to apply
only to inmates committed to the ADTC after the law's effective date (October 31, 1994).  It was the Legislature's intent that the law apply to all present and future inmates of the ADTC.  The provisions of this bill clarify that intent.