Bill Text: NJ S3660 | 2024-2025 | Regular Session | Introduced
Bill Title: Limits use of restrictions on telephone calls as discipline measure during incarceration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-09-26 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3660 Detail]
Download: New_Jersey-2024-S3660-Introduced.html
Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Limits use of restrictions on telephone calls as discipline measure during incarceration.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning phone calls for incarcerated persons and amending P.L.2016, c.37.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2016, c.37 (C.30:4-8.14) is amended to read as follows:
4. a. The [department] Commissioner of Corrections shall establish rules and regulations or departmental procedures to ensure that any [inmate] telephone call system established by [this act] P.L.2016, c.37 (C.30:4-8.11 et seq.) provides reasonable security measures to preserve the safety and security of each State and county correctional facility, staff member, and person outside a facility who may receive [inmate] telephone calls from incarcerated persons.
b. The Commissioner of Corrections shall establish rules and regulations or departmental procedures concerning disciplinary sanctions that limit the use of telephone privileges of an incarcerated person. The regulations or procedures shall provide that:
(1) In instances where a disciplinary sanction suspending telephone privileges is imposed on an incarcerated person, the Administrator of the correctional facility shall allow the incarcerated person at least one opportunity every two weeks to place a telephone call. The Administrator shall also either notify the emergency contact of the incarcerated person, or allow the incarcerated person to notify the emergency contact, that telephone access has been suspended;
(2) No suspension of telephone privileges shall exceed 90 consecutive days and shall not exceed a total of 180 days in a given year of incarceration;
(3) No additional suspension of telephone privileges shall be imposed on an incarcerated person who has been placed in a Restorative Housing Unit that restricts the incarcerated person's telephone access; and
(4) In order to assist the incarcerated person in planning for such release:
(a) no telephone sanctions shall be imposed within 60 days of the date that the incarcerated person is scheduled to be released; and
(b) if sanctions were imposed prior to 60 days before the release date, the sanctions shall be terminated for the 60 day period prior to release.
(cf: P.L.2016, c.37, s.4)
2. The Commissioner of Corrections, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations as necessary to implement this act.
3. This act shall take effect immediately.
STATEMENT
This bill is in response to the recommendations made by the New Jersey Office of the Corrections Ombudsperson in its April 2024 report titled, "Visits and Phone Calls," and provides for limiting the use of suspension of telephone privileges as a disciplinary measure for incarcerated persons.
The bill establishes rules and regulations concerning disciplinary sanctions that limit the use of telephone privileges of an incarcerated person.
Pursuant to the bill, in instances where a disciplinary sanction suspending telephone privileges is imposed on an incarcerated person, the Administrator of the correctional facility will allow the incarcerated person at least one opportunity every two weeks to place a telephone call. The Administrator will also either notify the emergency contact of the incarcerated person, or allow the incarcerated person to notify the emergency contact, that telephone access has been suspended.
Further, no suspension of telephone privileges will exceed 90 consecutive days and will not exceed 180 days in a given year of incarceration. The Commissioner must also ensure that suspension of telephone privileges will not be imposed on an incarcerated person who has been placed in a Restorative Housing Unit. Finally, no telephone sanctions will be imposed within 60 days of the date that the incarcerated person is scheduled to be released. If sanctions were imposed prior to 60 days before release date, the sanctions will be terminated for the 60 day period before release.
The Commissioner may adopt rules and regulations as necessary to implement this act.
