S2331

An Act concerning inmate reentry, amending P.L.2009, c.329, and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2009, c.329 (C.30:1B-6.2) is amended to read as follows:

2. The Commissioner of Corrections shall provide to each inmate at least [ten] 30 days prior to release from a State correctional facility:

a. A copy of the inmate's criminal history record and written information on the inmate's right to have his criminal records expunged under chapter 52 of Title 2C of the New Jersey Statutes;

b. General written information on the inmate's right to vote under R.S.19:4-1;

c. General written information on the availability of programs, including faith-based and secular programs, that would assist in removing barriers to the inmate's employment or participation in vocational or educational rehabilitative programs, including but not limited to information concerning the "Rehabilitated Convicted Offenders Act," P.L.1968, c.282 (C.2A:168A-1 et seq.) and the certificate of rehabilitation under P.L.2007, c.327 (C.2A:168A-7 et seq.);

d. A detailed written record of the inmate's participation in educational, training, employment, and medical or other treatment programs while the inmate was incarcerated;

e. A written accounting of the fines, assessments, surcharges, restitution, penalties, child support arrearages, and any other obligations due and payable by the inmate upon release;

f. [A non-driver identification card, which shall be issued by the New Jersey Motor Vehicle Commission and for which the Motor Vehicle Commission shall accept a former inmate's Department of Corrections identification card to have a two-point value in applying for the non-driver identification card;] Deleted by amendment, P.L. c. (pending before the Legislature as this bill)

g. A copy of the inmate's birth certificate if the inmate was born in New Jersey;

h. Assistance in obtaining a Social Security card;

i. A one-day New Jersey bus or rail pass;

j. A [two-week] three-month supply of prescription medication;

k. General written information concerning child support, including child support payments owed by the inmate, information on how to seek child support payments and information on where to seek services regarding child support, child custody, and establishing parentage; and

l. (1) A medical discharge summary, which shall include instructions on how to obtain from the commissioner a copy of the inmate's full medical record. Upon request from the inmate, the commissioner shall provide a copy of the inmate's full medical record in a safe and secure manner, at no charge to the inmate.

(2) Within 90 days of the effective date of this act, the commissioner, in consultation with the State Board of Medical Examiners, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to ensure that these records are expeditiously and securely provided, in a manner consistent with the provision of medical records by other providers.

(cf: P.L.2011, c.191, s.1)

2. (New section) The Commissioner of Corrections shall provide a non-driver identification card to each inmate, free of charge, as soon as practicable, but not less than 45 days prior to the inmate’s release from a State correctional facility. The New Jersey Motor Vehicle Commission shall issue the identification card and accept a former inmate's Department of Corrections identification card as two points for the purposes of applying for the identification card. Whenever the Governor orders Motor Vehicle Commission agencies to close during a declared public health emergency, pursuant to the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.), a state of emergency, pursuant to P.L.1942, c. 251 (C.App.A.9-33 et seq.), or both, the Commissioner of Corrections shall directly issue these identification cards to inmates.

3. (New section) a. The chief executive officer, warden, or keeper of each county correctional facility shall provide to each inmate at least 30 days prior to release from a county correctional facility:

(1) a copy of the inmate's criminal history record and written information on the inmate's right to have his criminal records expunged under chapter 52 of Title 2C of the New Jersey Statutes;

(2) general written information on the inmate's right to vote under R.S.19:4-1;

(3) general written information on the availability of programs, including faith-based and secular programs, that would assist in removing barriers to the inmate's employment or participation in vocational or educational rehabilitative programs, including but not limited to information concerning the "Rehabilitated Convicted Offenders Act," P.L.1968, c.282 (C.2A:168A-1 et seq.) and the certificate of rehabilitation under P.L.2007, c.327 (C.2A:168A-7 et seq.);

(4) a detailed written record of the inmate's participation in educational, training, employment, and medical or other treatment programs while the inmate was incarcerated;

(5) a written accounting of the fines, assessments, surcharges, restitution, penalties, child support arrearages, and any other obligations due and payable by the inmate upon release;

(6) a copy of the inmate's birth certificate if the inmate was born in New Jersey;

(7) assistance in obtaining a Social Security card;

(8) a one-day New Jersey bus or rail pass;

(9) a three-month supply of prescription medication;

(10) general written information concerning child support, including child support payments owed by the inmate, information on how to seek child support payments and information on where to seek services regarding child support, child custody, and establishing parentage; and

(11) a medical discharge summary, which shall include instructions on how to obtain from the superintendent a copy of the inmate's full medical record; upon request from the inmate, the superintendent shall provide a copy of the inmate's full medical record in a safe and secure manner, at no charge to the inmate; the superintendent shall comply with rules and regulations, adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that ensure that these records are expeditiously and securely provided i

n a manner consistent with the provision of medical records by other providers.

b. If an inmate is at any time scheduled for release from a county correctional facility in less than 30 days, the superintendent shall comply with the provisions of subsection a. of this section at least 48 hours prior to the inmate’s release.

4. (New section) a. The chief executive officer, warden, or keeper of each county correctional facility shall provide to each county inmate, free of charge, a non-driver identification card as soon as practicable, but at least 30 days prior to the inmate’s release from that facility. The New Jersey Motor Vehicle Commission shall issue the identification card and accept a former inmate's county corrections identification card as two points for the purposes of applying for the identification card. Whenever the Governor orders Motor Vehicle Commission agencies to close during a public health emergency pursuant to the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.), a state of emergency pursuant to P.L.1942, c. 251 (C.App.A.9-33 et seq.), or both, the superintendent of the facility shall directly issue these identification cards to inmates.

b. If an inmate is at any time scheduled for release from a county correctional facility in less than 30 days, the superintendent shall issue the non-driver identification card required pursuant to subsection a. of this section at least 48 hours prior to the inmate’s release.

5 (New section) The Commissioner of Corrections shall complete and forward for processing to the appropriate county welfare agency or board of social services as soon as practicable but not less than 45 days prior to an inmate’s release from incarceration applications for enrollment in applicable social service programs, including but not limited to:

a. the Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C.s.2011 et seq.).;

b. the Work First New Jersey program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.), which shall include the application for emergency assistance benefits issued to Work First New Jersey recipients pursuant to section 8 of P.L.1997, c.14 (C.44:10-51); and

c. the Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

6. (New section) a. The chief executive officer, warden, or keeper of each county correctional facility shall complete and forward for processing to the appropriate county welfare agency or board of social services as soon as practicable but not less than 30 days prior to an inmate’s release from incarceration applications for enrollment in applicable social service programs, including but not limited to:

(1) the Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C.s.2011 et seq.).;

(2) the Work First New Jersey program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.); and

(3) the Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

7. (New section) The Commissioner of Corrections shall provide to the appropriate county welfare agency or board of social services, in advance of an inmate’s release, the inmate’s name, release date, and contact information, which shall include, but not be limited to, a telephone number or an email address.

8. (New section) The chief executive officer, warden, or keeper of each county correctional facility shall provide to the appropriate county welfare agency or board of social services, in advance of an inmate’s release, the inmate’s name, release date, and contact information, which shall include, but not be limited to, a telephone number or an email address.

9. This act shall take effect immediately.

STATEMENT

This bill addresses significant obstacles faced by State and county inmates in obtaining life-sustaining benefits when these inmates are released from incarceration, particularly during the COVID-19 pandemic. These benefits include food stamps; cash assistance and temporary emergency housing under the State’s general assistance program; and Medicaid services, including treatment for hepatitis and other viruses, behavioral health services, such as medication- assisted treatment (MAT) and other addiction treatment, and mental health care.

One of the biggest obstacles to obtaining these benefits is lack of photo identification. The State’s Fair Release and Reentry Act of 2009 currently requires the Department of Corrections (DOC) to ensure inmates are provided with certain credentials, documents, and information to assist their reentry efforts at least 10 days prior to release from incarceration. The credentials to be provided include non-driver identification cards that are issued by the New Jersey State Motor Vehicle Commission (MVC). The requirements of the act currently do not apply to inmates released from county correctional facilities.

Under the bill, the timeframe within which the DOC would be required to provide the credentials, documents, and information is extended from 10 to 30 days before the release of a State inmate. The superintendent of each county correctional facility also would be required to issue to county inmates 30 days before release the same documents the DOC is to issue to State inmates.

Further, the non-driver identification card is to be issued to State inmates, free of charge, as soon as is practicable, but at least 45 days before the inmate is released. County inmates similarly are to be issued these identification cards, free of charge, as soon as practicable, but at least 30 days prior to their release. County inmates at any time scheduled to be released in less than 30 days are to be issued the credentials, documents, and information, as well as the identification cards, at least 48 hours before release.

The bill also requires the DOC and county correctional facilities to directly issue non-driver identification cards to inmates released from incarceration if the Governor orders Motor Vehicle Commission (MVC) agencies to close during a declared public health emergency, state of emergency, or both.

The current requirement that State inmates be released with a two-week supply of prescription medications is increased to a three-month supply. The bill further requires county inmates to be released with a three-month supply of prescription medications.

To ensure that there is no delay in acquiring necessary food, shelter, and medical services when State and county inmates are released into society, the bill requires the DOC, 45 days before release, and county correctional facilities, 30 days before release, to complete on behalf of inmates applications for enrollment in social service programs. The social service programs specifically include food stamps, general assistance (including temporary emergency housing assistance), and Medicaid. If a county inmate at any time is scheduled to be released in less than 30 days, the county correctional facility is to complete the applications at least 48 hours before release. The applications are to be forwarded to the appropriate county welfare agency or board of social services.

Finally, the bill requires the DOC and county correctional facilities to provide advance notice of the release of an inmate to the appropriate county welfare agency or board of social services and contact information for that inmate including, at a minimum, a telephone number or email address. This enables social service organizations to contact released inmates to offer reentry assistance.