SENATE JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 489 and 685

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 5, 1997

      The Senate Judiciary Committee reports favorably and with committee amendments Assembly Bill Nos. 489 and 685 (1R).

      ACS for A-489/685 (1R) incorporates recommendations contained in the Supreme Court's "Committee to Review the Conrad Jeffrey Matter" with regard to the inclusion of information concerning the defendant's psychiatric history and psychological make-up in preparole and presentence reports.

      With regard to presentence reports, ACS for A-489/685 (1R) requires the inclusion of information concerning any prior civil commitments, any acquittals by reason of insanity and any instances when charges were suspended on the grounds that the defendant lacked fitness to proceed. ACS for A-489/685 (1R) would also require a presentence report to include a complete psychological evaluation of the defendant if the defendant is being sentenced for a crime of the first or second degree involving violence and either (1) the defendant was previously acquitted by reason of insanity or had charges suspended for lack of fitness to proceed; (2) the defendant was previously convicted of murder; aggravated sexual assault; sexual assault; kidnaping; endangering the welfare of a child if the offense constituted a crime of the second degree or stalking if the offense constituted a crime of the third degree or (3) the defendant was previously diagnosed as psychotic.

      With regard to preparole reports, ACS for A-489/685 (1R) requires the inclusion of information about prior civil commitments; acquittals by reason of insanity and suspension of charges for lack of fitness to proceed. ACS for A-489/685 (1R) would require preparole reports to include a complete psychological evaluation of the inmate.

      In addition ACS for A-489/685 (1R) would provide that an inmate or defendant required to undergo a psychological evaluation be liable for the costs of the evaluation. If the inmate or defendant is enrolled in a health insurance plan, reimbursement would be sought from the insurance company. If the inmate or defendant is uninsured or if the insurance plan does not fully cover the costs of the evaluation, a lien may be filed for any unpaid costs.

      As passed by the Assembly, the bill would have required defendants and inmates to undergo psychiatric evaluations. Under the amendments adopted by the committee, defendants and inmates would undergo psychological evaluations. The amendments also corrected several drafting errors.