LEGISLATIVE FISCAL ESTIMATE

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 3979

STATE OF NEW JERSEY

218th LEGISLATURE

 

DATED: MARCH 26, 2019

 

 

SUMMARY

 

Synopsis:

"Dignity for Incarcerated Primary Caretaker Parents Act."

Type of Impact:

Indeterminate cost increases to State and county governments.

Agencies Affected:

Department of Corrections; County Correction Facilities; Office of the Corrections Ombudsman in the Department of the Treasury.

 

 

Office of Legislative Services Estimate

Fiscal Impact

Year 1 

Year 2 

Year 3 

 

State and Local Annual Cost

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) estimates that this legislation may result in an indeterminate expenditure increase as a result of the requirements incurred by the Department of Corrections (DOC), county correctional facilities, and the Office of the Corrections Ombudsman in the Department of the Treasury.

 

·         The legislation requires the Department of Corrections and county correctional facilities Statewide to adopt various policies concerning primary caretakers of children; the OLS is unable to estimate the number of inmates in DOC and county correctional facilities who would meet the criteria of a “primary caretaker parent.”

 

·         The legislation expands certain duties and responsibilities of the Office of the Corrections Ombudsperson in, but not of, the Department of Treasury. The OLS is unable to determine to what extent the legislation would expand the office’s current duties and responsibilities, but the most notable expansion is the requirement to conduct regular inspections of all department facilities and issue public reports of all inspections.

 

·         The legislation establishes a nine person advisory board to advise the Office of the Corrections Ombudsman.


 

BILL DESCRIPTION

 

      This legislation establishes the “Dignity for Incarcerated Primary Caretaker Parents Act” which requires the Department of Corrections and county correctional facilities Statewide to adopt various policies concerning primary caretakers of children.

      Under the legislation, State and county correctional facilities are required to:

·         Place an inmate, who is being assigned to a State facility, who has a child in a correctional facility as close as possible to that child’s place of residence,

·         Establish certain policies that encourage and provide visitation, particularly for inmates who are primary caretaker parents;

·         Prohibit solitary confinement and shackling of pregnant inmates;

·         Provide parenting classes to inmates who are primary caretakers;

·         Provide trauma informed care to inmates who are primary caretakers and train corrections officers on how to interact with victims of trauma;

·         Permit certain former inmates to mentor incarcerated parents and assist them with reentry;

·         Provide, free of charge, feminine hygiene products that meet industry standards, including, but not limited to, multiple sizes of tampons, sanitary pads, and liners, as well as Vaseline, aspirin, ibuprofen and any other items deemed appropriate by the commissioner;

·         Prohibit corrections officers and other employees of the opposite sex from entering restrooms of inmates except when necessary; and

·         Allow pregnant women and inmates who are primary caretaker parents to enroll in residential drug abuse programs.

      The legislation expands certain duties and responsibilities of the Office of the Corrections Ombudsperson, including conducting investigations of inmate complaints and conducting inspections of State correctional facilities. The office is required to submit annual reports to the Governor and the Legislature.

      Finally, the legislation establishes an advisory board comprised of gubernatorial and legislative appointees with appropriate expertise to advise the office. 

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS estimates that this legislation may result in an indeterminate expenditure increase as a result of the requirements incurred by the DOC, county correctional facilities, and the Office of the Corrections Ombudsman in the Department of the Treasury.

      The OLS is unable to estimate the number of DOC and county correctional inmates who would meet the criteria of a “primary caretaker parent.” DOC reported that as of January 2, 2019 there were 19,212 DOC inmates.  The Sentencing Project, a group that supports sentencing reforms and alternatives to incarceration, estimated the county correctional facility population to be 15,235 in 2016.

Expenditures: The legislation requires the placement of an inmate, who has a child, in a State correctional facility as close as possible to that child’s place of residence. The OLS estimates this requirement may result in an unknown, potentially large number of inmates being placed in certain State correctional facilities, versus others, than would otherwise occur.  Further, the requirement may compel the State to redesign facilities to hold females in what are at present all-male facilities so they are closer to their children.

      Expanded visitation programs for all inmates may result in facility costs and staffing costs, including overtime, especially in high-security facilities.

      The OLS is uncertain about the educational offerings at the DOC and county correctional facilities; however notes, if parenting classes, trauma informed care classes, and residential drug abuse programs for primary caretaker parents are not currently offered, the cost impact will be determined by the number of inmates entitled to take the classes. Further, if DOC and county correctional officers are required to complete trauma informed training, the OLS determines this training could be incorporated into standard training curriculum required. Although OLS does not have access to the number of county corrections officers Statewide, according to the 2016 New Jersey Uniform Crime Report, the DOC employed 5,835 full time corrections officers.

      The legislation requires standard feminine hygiene products, including but not limited to, tampons and sanitary pads, to be provided at no charge at the request of female inmates.  Although the number of female inmates at country correctional facilities is unavailable, as of January 2, 2019, there were 609 female inmates at Edna Mahan.  The cost for sanitary supplies may range between $50,000 and $100,000 annually.

      The legislation’s restriction on corrections officers and department employees from entering restrooms of inmates of the opposite sex may correlate to reassignments of certain officers.  Again, OLS does not have county correction employee data, but according to the 2016 New Jersey Uniform Crime Report, the State employed an estimated 5,835 officers, 4,808 were male and 1,027 were female. November 2018 figures provided directly from the DOC indicated that of the 264 correctional officers employed at Edna Mahan, only 110 were females.

      Further, the legislation expands the duties and responsibilities of the Office of the Corrections Ombudsperson in, but not of, the Department of Treasury. The OLS is unable to determine to what extent the legislation would expand the office’s duties and responsibilities from the office’s current duties and responsibilities. The office’s budget is about $770,000, excluding fringe benefits, with a staff of eight members.

      Currently, the office is responsible for establishing and implementing procedures to elicit, receive, process, respond, and resolve complaints from inmates in State correctional facilities, their families, other interested citizens, public officials, and government agencies concerning conditions of confinement.  The legislation specifically charges the office with providing information to inmates and their families; promoting public awareness and understanding of the rights of inmates; identifying systemic issues and possible responses; and ensuring compliance with relevant laws and policies.

      The most notable expansion of the legislation is the requirement to conduct investigations of inmate complaints; conduct regular inspections of all department facilities; issue public reports of all inspections and to be provided access to correctional facilities and inmate records. Although the legislation doesn’t detail the purpose of the required inspections, the OLS determined that staff may need to expand to perform this requirement by a minimum of two members.  One full-time employee (FTE) is estimated to cost between $75,000 and $100,000 annually.

      Lastly, the legislation establishes a nine person advisory board to advise the Office of the Corrections Ombudsman. The legislation is silent on monetary support for the board.

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

Senior Fiscal Analyst

Approved:

Frank W. Haines III

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).