STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Assemblyman HAROLD J. WIRTHS
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Requires women incarcerated in county correctional facilities to cover full cost of abortion.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning abortions and certain incarcerated women, amending and supplementing P.L.1995, c.254 (C.30:7E-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1995, c.254 (C.30:7E-2) is amended to read as follows:
2. a. An inmate shall be liable for the cost of, and be charged a nominal fee for, any medical care, surgery, dental care, hospitalization or treatment provided to the inmate during the inmate's term of incarceration or detention by the State or a county. If the inmate is incarcerated or detained in a State correctional facility or State contracted half-way house, the amount due and payable and the nominal fees charged under the provisions of this act shall be determined by the State Treasurer in accordance with guidelines promulgated by the commissioner. If the inmate is incarcerated or detained in a county jail, the amount due and payable and the nominal fees charged under the provisions of this act shall be determined by the county treasurer in accordance with guidelines promulgated by the county adjustor; provided, however, if the county in which the inmate is detained has enacted an ordinance or resolution pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) then the inmate shall pay all lawful costs associated with any abortion that is not deemed by the treating physician or gynecologist to be necessary to save the life of the woman whose life is endangered by a physical disorder, illness, or injury during the inmate's term of incarceration or detention by the county. As used in this section, "abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the life of an unborn child or with the knowledge that the act is reasonably likely to cause the death of an unborn child.
b. An inmate may be charged either the full cost of or a nominal fee for any prescription or nonprescription drug or medicine provided to the inmate during the inmate's term of incarceration or detention by the State or a county. If the inmate is incarcerated or detained in a State correctional facility or State contracted half-way house, the cost or nominal fees charged under the provisions of this act shall be determined by the State Treasurer in accordance with guidelines promulgated by the commissioner. If the inmate is incarcerated or detained in a county jail, the amount due and payable and the nominal fees charged under the provisions of this act shall be determined by the county treasurer in accordance with guidelines promulgated by the county adjustor.
(cf: P.L.1995, c.254, s.2)
2. (New section) Notwithstanding the provisions of any other law to the contrary, the governing body of each county may by ordinance or resolution, as appropriate, require an inmate of the county correctional facility to pay all of the lawful costs associated with any abortion that is not deemed by the treating physician or gynecologist to be necessary to save the life of the woman whose life is endangered by a physical disorder, illness, or injury during the inmate's term of incarceration or detention by the county. As used in this section, "abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the life of an unborn child or with the knowledge that the act is reasonably likely to cause the death of an unborn child.
3. This act shall take effect immediately.
STATEMENT
This bill would permit a county to enact an ordinance or resolution requiring an inmate to cover all lawful costs associated with any abortion not deemed necessary to save the life of the woman. Inmates are currently only assessed a nominal fee for medical care and procedures, including abortions.
As used in the bill, abortion is the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the life of an unborn child or with the knowledge that the act is reasonably likely to cause the death of an unborn child.