ASSEMBLY, No. 451
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ROMA and Assemblywoman HECK
An Act requiring the creation of a People's Prison and supplementing Title 30 of the Revised Statutes and Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "People's Prison Act."
2. The Legislature hereby finds and declares that violent crime continues to hold many New Jersey residents in its grip. According to the State Police, the volume of crimes committed in this State has risen by almost 10 percent over the past 10 years, with violent crime comprising an ever-greater proportion of the total. A recent statewide survey revealed that one of every seven New Jersey residents had been a crime victim within the past six months.
Many New Jersey citizens feel that their lives and freedom have been compromised by the fear of violent crime. They are constantly in fear for their own safety or the safety of their family. Violent crime knows no geographical boundries. Rural and suburban communities are now as likely as urban areas to be targeted by violent offenders.
The vast majority of the public is convinced that the justice and prison systems have failed. Justice appears to have become a revolving door, whereby offenders are released back into society, commit more crimes and are imprisoned once again. Our prison system has become a breeding ground for criminals, who are frequently released back into society more hardened and vicious than when they entered prison. Rehabilitative efforts are tested when the inmate is released back into society, and all too often these efforts have failed.
In recognition of these failures, it is altogether fitting and proper, and within the public interest, for the State to establish a unique penal facility designed to deal severely with those who perpetrate crimes which seriously threaten the social order. Known as the People's Prison, it shall be an alternative correctional facility designed to isolate violent offenders and which stresses punishment rather than rehabilitation.
3. The Department of Corrections shall establish a People's Prison at an adult correctional facility which provides maximum security detention.
4. a. A person convicted of a crime under N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:35-3, or N.J.S.2C:35-5, or a crime under N.J.S.2C:12-1b, N.J.S.2C:13-1, N.J.S.2C:14-2, or N.J.S.2C:15-1 which resulted in bodily injury to another person, shall be sentenced to a term of imprisonment. The term of imprisonment shall include a term equal to one-fifth of the term imposed during which the person shall be incarcerated at the People's Prison established by section 3 of P.L. , c. (C. )(pending before the Legislature as this bill). This subsection shall not eliminate or reduce or increase any period of parole ineligibility or any extended term required or warranted by any other provision of law. Except as provided in subsection b., the person shall be transferred out of the People's Prison and shall serve his remaining incarceration, if any, in another correctional facility upon having served one-fifth of the term imposed plus any additional period which may result pursuant to section 7 of P.L. , c. (C. )(pending before the Legislature as this bill).
b. A person who commits a crime under N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:35-3, or N.J.S.2C:35-5, or a crime under N.J.S.2C:12-1b, N.J.S.2C:13-1, N.J.S.2C:14-2, or N.J.S.2C:15-1 which resulted in bodily injury to another person, who has previously been convicted of a crime among these enumerated crimes and who, as a result of that conviction, was sentenced to and served a term of incarceration at the People's Prison established by section 3 of P.L. , c. (C. )(pending before the Legislature as this bill), or who has previously been convicted of a crime under any statute of the United States, this state, or any other state which was similar to any of these enumerated crimes, and who, as a consequence of that conviction, was sentenced to and actually served a period of incarceration at least as long as the minimal period which the person would have been required to serve if the person had been sentenced under the provisions of subsection a. of this section, shall be sentenced to a term of imprisonment. The term of imprisonment shall be served at the People's Prison.
5. The People's Prison shall be an alternative form of correctional life, stressing punishment rather than rehabilitation. This facility shall emphasize a highly structured and regimented daily routine which includes rigorous discipline and physical labor. Inmates shall perform no less than 10 hours per day of physical labor of a type and in a manner prescribed by the Commissioner of Corrections. The physical labor may be performed on or off site with appropriate supervision. Any inmate who refuses to participate in physical labor shall be confined to his cell. There shall be no educational or vocational training in this facility. No television or telephone privileges or furloughs shall be granted to inmates. There shall be limited recreational activities granted to the inmates.
6. The Department of Corrections shall establish disciplinary procedures for the People's Prison. These procedures shall be appropriate for the facility and shall reflect its highly structured and regimented atmosphere.
7. Notwithstanding the provisions of Section 7 of P.L.1979, c.441 (C.30:4-123.51), an inmate who does not comply with the rules and regulations of the People's Prison may be denied parole and be required to serve the full sentence imposed at the time of conviction. An inmate who is disciplined pursuant to section 6 of this act and who thereafter complies with all rules and regulations may be granted parole.
8. Inmates who are not physically capable of fulfilling the physical labor requirements of the People's Prison shall be assigned alternative duties in the facility.
9. Notwithstanding the provisions of Title 11A of the New Jersey Statutes, the Commissioner of Corrections shall appoint appropriate personnel to staff the People's Prison. Personnel so appointed shall be qualified by experience and training.
10. The Department of Corrections shall submit to the Governor and the Legislature an annual report describing and assessing the implementation, operation, and results of the People's Prison program created by this act. The report shall include recommendations for administrative changes to the program and for the enactment of any legislation deemed necessary for the more effective operation of the program.
11. The Department of Corrections shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. The rules and regulations shall include, but shall not be limited to, those regarding the establishment, staffing, and operation of the People's Prison facility, the disciplinary procedures for People's Prison inmates, and a procedure to monitor the effectiveness of the People's Prison program.
12. This act shall take effect on the first day of the seventh month after enactment, except that section 11 shall take effect immediately.
STATEMENT
This bill requires the Department of Corrections to establish a special facility to be known as the "People's Prison" at an adult correctional facility which provides maximum security detention.
The People's Prison will be an alternative correctional facility designed to isolate violent offenders and which emphasizes punishment rather than rehabilitation. It will stress a highly structured routine of discipline and hard physical labor.
Any person who is convicted for a first offense of murder (2C:11-3) or manslaughter (2C:11-4), of being a drug kingpin (2C:35-3), or of manufacturing or dispensing a controlled dangerous substance (2C:35-5) would serve a minimum of one-fifth of the sentence imposed in the People's Prison. For any subsequent offense, the full sentence would be served in the People's Prison. Any person who is convicted for a first offense of aggravated assault (2C:12-1b.), kidnapping (2C:13-1), aggravated sexual assault (2C:14-2), sexual assault (2C:14-2) or robbery (2C:15-1), which resulted in bodily injury to another person, would serve a minimum of one-fifth of the sentence imposed in the People's Prison. For any subsequent offense, the entire sentence would be served in the People's Prison.
The People's Prison would be an alternative form of correctional life stressing a highly structured and regimented daily routine which includes rigorous discipline and physical labor. Inmates will perform no less than 10 hours per day of physical labor on or off site. An inmate who refuses to participate in physical labor will be confined to his cell. There will be no educational or vocational training in this facility. There are to be no television or telephone privileges or furloughs.
Inmates will be expected to adhere to a strict standard of discipline within the People's Prison.
This bill also requires the Department of Corrections to submit to the Governor and the Legislature an annual report describing and assessing the operation and effectiveness of the People's Prison program.
The bill applies to all sexual assaults. The bill clarifies that a conviction under Title 2A of the New Jersey Statutes and a conviction in another jurisdiction, state or federal, would be considered a first conviction under the bill. The bill provides that for purposes of sentencing a defendant to the People's Prison for a second conviction, the second conviction could be for any one of the crimes enumerated in the bill; it would not have to be the same crime as the first conviction.
The bill also provides that a defendant would have to have served part of his sentence for an offense in the People's Prison before he could be sent to the People's Prison for a second offense. However, if a conviction was imposed in another jurisdiction and the person served a period of incarceration at least as long as the person would have been required to serve if he had been sentenced as a first offender under this bill, the defendant could be considered a second offender and sentenced to the People's Prison.
The bill provides discretion in denying parole to Peoples's Prison inmates who do not comply with the institution's rules and regulations. An inmate who is disciplined pursuant to section 6 of the bill and who thereafter complies with all rules and regulations may be granted parole.
The bill also provides that there shall be limited recreational activities granted to the inmates. The denial of exercise may be construed as cruel and unusual under U.S. Supreme Court decisions which have held that exercise may be an "identifiable human need."
"People's Prison Act;" creates special correctional facility for certain violent offenders.