ASSEMBLY, No. 54

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman KAVANAUGH

An Act authorizing the confinement of inmates in certain institutions and facilities and amending P.L.1969, c.22.

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

    1. 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, operated on either a nonprofit or for profit basis, which provide for the care, custody, subsistence, education, training and welfare of inmates.

    The word "institution" shall include residential centers, operated by either private nonprofit entities or by private for profit corporations, which provide for the care, custody, subsistence, education, training and welfare of inmates whose sentences necessitate only minimum security and minimum custodial confinement.

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

(cf: P.L.1976, c.35, s.2)

    2. This act shall take effect immediately.

STATEMENT

    This bill would permit the Commissioner of Corrections to place certain inmates in residential centers which are operated by either private nonprofit entities or by private for profit corporations.

    Under current law, inmates must be placed in either a State-run institution or facility or in a private nonprofit community-based residential treatment center (a half-way house).

    This bill would expand the options available to the commissioner by permitting him to enter into arrangements with both nonprofit entities and private for profit corporations for the housing and treatment of inmates. The provisions of the bill specifically provide that only those inmates whose sentences necessitate only minimum security and minimum custodial confinement may be placed in institutions and facilities which are not State-run and operated.

Permits Commissioner of Corrections to enter into arrangements with private nonprofit and for profit entities for housing of certain inmates.