STATEMENT TO

 

[First Reprint]

SENATE, No. 2521

 

with Senate Floor Amendments

(Proposed by Senator CRYAN)

 

ADOPTED: JULY 26, 2018


 

      Senate Bill No. 2521 (1R) requires the reporting of inmate abuse by employees of State correctional facilities and establishes a reporting and investigation program.

      Under the bill, the name of any person who reports suspected abuse is not to be disclosed, unless the person who reported the abuse requests disclosure or a judicial proceeding results from the report. 

      These Senate amendments clarify that the name of the person who reports the suspected abuse is not to be disclosed publicly.  The amendments also provide that the person’s name who reported the abuse may be disclosed in accordance with the law, in addition to when the person who reported the abuse specifically requests the disclosure or there is a judicial proceeding resulting from the report.

      In addition, the bill provides that a person who reports suspected abuse or who testifies in any administrative or judicial proceeding arising from the report or testimony is to have immunity from any civil or criminal liability on account of the report.  These Senate amendments provide that the person who reports the suspected abuse is also not to be retaliated against.

      Further, the bill provides that any person required to report suspected inmate abuse who fails to make the report is liable to a penalty of up to $5,000.  These Senate amendments clarify that the person would be liable to this penalty after all administrative appeals are exhausted and a final adjudication is made.

      Under the bill, this penalty is to be collected and enforced pursuant to Title 11A of the New Jersey Statutes.  These Senate amendments provide that the penalty is to instead be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999.”

      These Senate amendments also provide that notwithstanding the penalty imposed under the bill, any person required to report suspected inmate abuse who fails to do so is to be subject to internal departmental disciplinary action by the Department of Corrections.

      Additionally, these Senate amendments require that inmate housing liaisons in the correctional facility be provided with a copy of this law.  The liaison also is to be provided with a summary of the requirements under this law for dissemination to the inmates in the housing unit.

      Finally, these Senate amendments make other clarifying changes.