ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 3979

STATE OF NEW JERSEY

DATED:  March 18, 2019

      The Assembly Appropriations Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 3979.

      This Assembly committee substitute, entitled the “Dignity for Incarcerated Primary Caretaker Parents Act,” provides certain protections to incarcerated parents in State and county correctional facilities who are primary caretakers of children and clarifies the responsibilities of the Office of the Corrections Ombudsperson. 

      The committee substitute specifically requires the Commissioner of Corrections and the chief executive officer or warden of each county correctional facility in this State to adopt various policies concerning primary caretakers of children.  An inmate in a State correctional facility who has a child is to be placed in a facility as close to that child as possible.  Visitation is to be encouraged and promoted by: establishing minimum standards for hours of visitation, including Saturday and Sunday hours; prohibiting restrictions on the number of children allowed to visit; authorizing a minimum number of adult visitors; and authorizing contact visits.  Solitary confinement and shackling of pregnant inmates is prohibited.  Parenting classes are to be made available to inmates.  Trauma informed care is to be provided to inmates and corrections officers are to be trained on how to interact with victims of trauma.  Former inmates also are to be allowed to mentor incarcerated parents and assist them with reentry.  Feminine hygiene products are to be made available free-of-charge to female inmates in the commissary or medical department.  Corrections officers are prohibited from entering restrooms and shower facilities of inmates of the opposite sex unless the commissioner deems it necessary.  Finally, all pregnant women and primary caretaker parents are to be allowed to enroll in residential drug abuse and mental health programs.  

      The committee substitute also specifically sets forth the duties and responsibilities of the Office of the Corrections Ombudsperson.  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 committee substitute 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 Corrections Ombudsperson is to head the office and directly report to the Governor.

      The duties of the corrections ombudsman under the committee substitute include establishing the priorities of the office, maintaining avenues for receiving complaints, including a toll-free telephone and collect telephone number, a website, and a mailing address; providing information to inmates, family members, department employees, and others regarding inmates’ rights; providing technical assistance to support inmate participation in self-advocacy; monitoring compliance with applicable laws, rules and regulations, and policies related to inmates’ health, safety, welfare, and rehabilitation; monitoring and participating in legislative and policy developments affecting correctional facilities; establishing a Statewide uniform reporting system to collect and analyze data related to complaints; establishing procedures to receive, investigate, and resolve complaints and to gather stakeholder input into the ombudsperson’s activities and priorities; and submit annual reports to the Governor and the Legislature. 

      The committee substitute further requires the corrections ombudsperson to conduct investigations of inmate complaints; conduct inspections of State correctional facilities; and be provided access to correctional facilities and inmate records.  Correspondence and communication with the corrections ombudsperson is confidential and protected as privileged correspondence.  A civil action may not be brought against any employee of the office for the good faith performance of the employee’s responsibilities

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

FISCAL IMPACT:

      The Office of Legislative Services (OLS) estimates that this bill may result in an indeterminate increase in expenditures incurred by the Department of Corrections (DOC), county correctional facilities, and the Office of the Corrections Ombudsperson in, but not of, the Department of the Treasury.

      The bill 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 bill expands certain duties and responsibilities of the Office of the Corrections Ombudsperson.  Most notably, the bill requires the Corrections Ombudsperson to conduct regular inspections of all DOC facilities and issue public reports of those inspections. The OLS is unable to determine the extent to which these additional responsibilities will result in an increase in State costs.