ASSEMBLY, No. 53

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman KAVANAUGH

An Act to amend "An act concerning the confinement, transfer and interim release of inmates in the several State correctional institutions, providing preparole rehabilitative work opportunities for inmates and supplementing Title 30 of the Revised Statutes," approved April 23, 1969 (P.L.1969, c.22).

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

    1. Section 1 of P.L.1969, c.22 (C.30:4-91.1) is amended to read as follows:

    1. When a person has been convicted of an offense against the State of New Jersey and has been committed for a term of imprisonment by a court to an institution defined in R.S.30:1-7, and when it appears to the satisfaction of the Commissioner of [Institutions and Agencies] Corrections that the inmate should be transferred to an institution or facility more appropriate for his needs and welfare or that of other inmates or for the security of the institution, the commissioner shall be authorized and empowered to designate the place of confinement to which the inmate shall be transferred to serve his sentence.

    2. Section 2 of P.L.1969, c.22 (C.30:4-91.2) is amended to read as follows:

    2. The commissioner or his duly authorized agent, may designate as a place of confinement any available, suitable, and appropriate institution or facility whether owned by the State or otherwise, and may at any time transfer a person from one place of confinement to another.

    The word "facility" shall include private [nonprofit] community-based residential treatment centers, whether nonprofit or operated for profit, which provide for the care, custody, subsistence, education, training and welfare of inmates.

    Any such private [nonprofit] community-based residential treatment center must be certified annually by the commissioner as a secure and appropriately supervised place of confinement.

    3. This act shall take effect immediately.

STATEMENT

    This bill amends existing law to provide that the Commissioner of Corrections may place inmates in private community-based residential treatment centers which are operated by profit-making entities. Currently, the law only permits the commissioner to enter into arrangements of this type with nonprofit organizations. This policy limits the number of facilities available to accept inmates and prevents the commissioner from placing inmates in worthwhile programs simply because they are operated by profit-making companies

Allows placement of inmates in private community-based residential treatment centers operated by profit-making entities.