A5754

An Act concerning Department of Corrections reporting requirements 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. In addition to any other reporting requirements required by law, the Commissioner of Corrections shall issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature that includes the following information for each State correctional facility for the preceding year:

(1) the occupancy rates of each State correctional facility;

(2) the number of pregnant inmates incarcerated at a State correctional facility;

(3) the number of cells which are unoccupied due to the need for repairs;

(4) the average daily census of each State correctional facility;

(5) incidents of use of force by correctional police officers or staff upon or towards an inmate to include a description of the incident that resulted in injury, the State correctional facility where the use of force occurred, and the cause and type of injury, if any, that resulted from the use of force;

(6) incidents in which use of force was used to effectuate the removal of an inmate by a correctional police officer designated by the Department of Corrections as a member of the Special Operations Group, to include the reason for the inmate’s removal and a justification for the use of force;

(7) any acts of violence committed against an inmate by another inmate or inmates, correctional police officer, or employee of a State correctional facility;

(8) the recidivism rate of former inmates to include separate data for inmates who were released after having served a maximum term of imprisonment, released on parole, or released through placement in a residential community release program;

(9) any resources and reentry services provided to inmates upon release from incarceration, including the number of inmates who were enrolled in certain programs pursuant to section 4 of P.L.2020, c.45 (C.30:1B-6.16) upon the inmate’s release from incarceration and the number of former inmates who were provided with the following prior to release:

(a) a valid driver’s license;

(b) a valid non-driver identification card;

(d) a birth certificate;

(10) the number of correctional police officers who took part in any correctional police officer training courses, type of courses taken, and the race, gender, and level of educational attainment of those correctional police officers who participated;

(11) the amount of overtime paid to correctional police officers in each of the preceding 10 years to include an explanation regarding why it was necessary to pay overtime; and

(12) for any inmate who had commutation credits restored or forfeited at each State correctional facility:

(a) the number of inmates who forfeited credits, and the number of credits forfeited by each inmate; and

(b) the number of inmates who had credits restored, and the number of credits restored for each inmate.

b. The commissioner shall categorize data contained in the annual report both cumulatively and by individual facility.

c. These reports shall not include any personally identifiable information regarding any inmate.

d. As used in this section:

"Act of violence" means the commission or attempt to commit any of the applicable offenses set forth in subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11).

“Inmate” means a person sentenced to imprisonment or ordered to pretrial or investigative detention in a State correctional facility.

“State correctional facility” means a correctional facility listed in section 8 of P.L.1976, c.98 (C.30:1B-8).

2. This act shall take effect on the first day of the seventh month after enactment, but the Commissioner of Corrections may take any administrative action in advance of the effective date as may be necessary.

STATEMENT

This bill requires the Commissioner of Corrections to issue an annual report to the Governor and the Legislature that includes the following information concerning each State correctional facility:

(1) the occupancy rates of each State correctional facility;

(2) the number of pregnant inmates incarcerated at a State correctional facility;

(3) the number of cells which are unoccupied due to the need for repairs;

(4) the average daily census of each State correctional facility;

(6) incidents of use of force used to effectuate the removal of an inmate by a correctional police officer who is designated by the Department of Corrections as a member of the Special Operations Group, to include the reason for the inmate’s removal and a justification for the use of force;

(7) any acts of violence committed against an inmate by another inmate or inmates, correctional police officer, or employee of a State correctional facility;

(9) any resources and reentry services provided to inmates upon release from incarceration, including the number of inmates who were enrolled in certain programs, such as the Medicaid program, the Supplemental Nutrition Assistance Program, and the Work First New Jersey program, upon the inmate’s release from incarceration and the number of former inmates who were released from incarceration and provided with:

· a valid driver’s license;

· a valid non-driver identification card;

· a social security card; or

· a birth certificate;

(11) the amount of overtime paid to correctional police officers in each of the preceding 10 years to include an explanation regarding why it was necessary to pay overtime; and

(12) for any inmate who had commutation credits restored or forfeited at each State correctional facility, the number of inmates who forfeited credits or had credits restored and the number of credits forfeited or restored for each inmate.

In addition, under the bill, the commissioner is to categorize data contained in the annual report both cumulatively and by individual facility. The bill prohibits the inclusion of personally identifiable information regarding any inmate in these reports.

The bill defines “act of violence” to mean the commission or attempt to commit offenses such as aggravated assault; threats to do bodily harm; lewd, indecent, or obscene acts; murder; manslaughter; or aggravated sexual assault, sexual assault, aggravated criminal sexual assault; or criminal sexual contact.