Bill Text: NJ S3822 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-06-24 - Referred to Senate Budget and Appropriations Committee [S3822 Detail]
Download: New_Jersey-2020-S3822-Introduced.html
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting retaliation against inmates in State correctional facilities who report sexual abuse and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Commissioner of Corrections shall establish a secure, reliable, and confidential method for inmates incarcerated in a State correctional facility to report complaints of sexual assault or harassment, physical violence, and mental abuse by correctional police officers and civilian staff members. The commissioner shall ensure that:
(1) a fee shall not be charged to report these complaints;
(2) there shall be an option for the inmate filing the complaint to remain anonymous;
(3) an inmate with limited English speaking skills shall be provided an opportunity to file a complaint in the inmate's native language; and
(4) inmates shall be clearly informed that the method of reporting is strictly confidential.
b. Inmates in the facility shall be provided with clear and accurate information on how to file a confidential complaint of sexual assault or harassment, physical violence, and verbal abuse pursuant to this section and how to directly file a complaint with the facility's Special Investigations Division.
c. The commissioner shall prohibit any punitive measures from being taken against an inmate who files a complaint of sexual assault or harassment, physical violence, and mental abuse. This shall include, but not be limited to:
(1) transferring the inmate to any administrative segregation or close custody unit which is used to house inmates for disciplinary infractions;
(2) transferring the inmate to temporary close custody which is used to house inmates for non-punitive reasons;
(3) changing the inmate's job assignment.
d. An inmate who files a complaint of sexual assault or harassment, physical violence, and verbal abuse shall be offered the services of a victim advocate who is not affiliated with the facility with expertise in providing emotional support services related to the sexual assault or harassment, physical violence, and mental abuse.
e. The commissioner shall institute policies and procedures to monitor retaliation by any correctional police officer or civilian staff member against an inmate who files a complaint alleging sexual assault or harassment, physical violence, or mental abuse. These policies and procedures shall comply with the standards set forth in the federal Prison Rape Elimination Act (42 U.S.C. s.15601 et seq.).
f. For the purposes of this section:
"Job" means a work position, or an educational, vocational, or treatment program that the Department of Corrections assigns and designates as a job.
"Temporary close custody" means the non-punitive removal of an inmate from the inmate general population or other assigned housing and restricting the inmate to the inmate's cell or a close custody unit for special observation or investigation for a period not to exceed 72 hours, unless information or evidence warrants an extension beyond 72 hours and the extension is approved by the appropriate supervisor.
2. A correctional police officer or civilian staff member of a State correctional facility is guilty of a crime of the fourth degree if the officer or staff member:
a. retaliates against an inmate who files a complaint of sexual assault or harassment, physical violence, or mental abuse pursuant to the provisions of section 1 of P.L. c. (C. ) (pending before the Legislature as this bill); or
b. fails to report to the appropriate supervisor any known or suspected, or any evidence or information pertaining to, sexual assault or harassment, physical violence, or mental abuse of an inmate by another officer or staff member.
c. For the purposes of this section, "retaliation" means any act by a correctional police officer or other corrections employee aimed at an inmate in order to punish the inmate for having reported abuse or in order to keep the inmate from reporting abuse and includes, but is not limited to, verbal harassment, intimidation, loss of personal effects, abusive pat-frisks, and sexual assault.
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill prohibits retaliation against inmates in State correctional facilities who file a complaint of sexual assault or harassment, physical violence, or mental abuse against a corrections officer or other staff member of the facility.
The bill specifically requires the Commissioner of Corrections to establish a secure, reliable, and confidential method for inmates incarcerated in State correctional facilities to report these complaints. A fee cannot be charged to file the complaint and the inmate is to have the option of remaining anonymous. Inmates are to be given the opportunity to file a complaint in their native language. Inmates are to be clearly informed on how to file a confidential complaint, including how to file a complaint with the facility's Special Investigations Division, and that the reporting of the complaint is strictly confidential.
The bill requires the commissioner to prohibit any punitive measures from being taken against an inmate who files a complaint of sexual assault or harassment, physical violence, and mental abuse. This includes prohibiting the inmate's transfer to administrative segregation and temporary close custody. An inmate's job assignment also is not to be changed.
Inmates are to be offered the services of a victim advocate not affiliated with the facility who has expertise in providing emotional support services.
The bill requires the commissioner to institute policies and procedures to monitor retaliation by corrections officers and civilian staff members against an inmate who files a complaint.
Finally, the bill establishes that it is a fourth degree crime for a corrections officer or civilian staff member to retaliate against an inmate who files a complaint. It is also a fourth degree crime for an officer or staff member to fail to report to the appropriate supervisor any known or suspected, or any evidence or information pertaining to, sexual assault or harassment, physical violence, or mental abuse of an inmate by another officer or staff member. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
