ASSEMBLY COMMUNITY SERVICES COMMITTEE

STATEMENT TO

ASSEMBLY, No. 251

with committee amendments

STATE OF NEW JERSEY

DATED: JANUARY 29, 1996

      The Assembly Community Services Committee favorably reports Assembly Bill No. 251 with committee amendments.

      As amended, this bill would suspend cash general public assistance benefits to a person who is convicted of, or pleads guilty to a charge of, a drug offense under the "Comprehensive Drug Reform Act of 1987," P.L.1987, c.106 (C.2C:35-1 et al.), involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia. The period of suspension would commence with the first day of the first full month following the date on which a period of probation is imposed and end on the last day of the month in which the period of probation to which the person is sentenced ends, at which time the person would be reinstated, if otherwise eligible for benefits.

      The bill limits the suspension of benefits to the cash assistance provided by the program of general public assistance, and applies only to persons who are on probation.

      If a person is convicted of, or enters a plea of guilty to a charge of, a drug offense a second time, the bill provides for the forfeiture of any eligibility for benefits under the program of general public assistance, unless the person demonstrates that he is receiving or seeking treatment for the substance abuse problem.

      Additionally, the bill provides for the forfeiture of any eligibility for benefits in the case of a convicted person who is determined not to have a drug addiction by the municipal welfare agency, commencing with the first day of the first full month following the date on which a period of probation is imposed and ending on the last day of the month in which the period of probation to which the person is sentenced ends.

      Lastly, the bill specifies that the New Jersey Supreme Court, in consultation with the Commissioner of Human Services, shall adopt rules and regulations regarding the implementation of section 3 of this bill.

      The amendments require the probation department, instead of the prosecutor, in the county in which the term of probation is given, to ascertain whether the person is a recipient of benefits under the program of general public assistance and to notify in writing the municipal welfare agency of the municipality in which the person receives benefits.

      This bill was prefiled for introduction in the 1996-1997 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.