ASSEMBLY, No. 563

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman TURNER

An Act concerning the Adult Diagnostic and Treatment Center and amending P.L.1994, c.129.

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

    1. Section 1 of P.L.1994, c.129 (C.2C:47-8) is amended to read as follows:

    1. a. Notwithstanding the provisions of section 7 of P.L.1979, c.441 (C.30:4-123.51), R.S.30:4-140, R.S.30:4-92 or any other law, a term of imprisonment imposed on a person confined to the Adult Diagnostic and Treatment Center pursuant to the provisions of chapter 47 of this Title shall not be reduced by progressive time credits or credits for diligent application to work and other institutional assignments for any year or fractional part of a year if the person failed to fully cooperate with all treatment offered to him during that time period.

    b. The provisions of subsection a. of this section shall apply to all persons:

    (1) confined in the Adult Diagnostic and Treatment Center for a program of specialized treatment under the provisions of chapter 47 of Title 2C of the New Jersey Statutes on the effective date of P.L.    , c. (C. )(now pending before the Legislature as this bill); and

    (2) sentenced and committed to confinement in the Adult Diagnostic and Treatment Center for a program of specialized treatment under the provisions of chapter 47 of Title 2C of the New Jersey Statutes on and after the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill).

(cf: P.L.1994, c.129, s.1)

    2. This act shall take effect immediately.

STATEMENT

    The purpose of this bill is to clarify the applicability of P.L.1994, c.129 (C.2C:47-8) which provides that the inmates of the Adult Diagnostic and Treatment Center (ADTC) are to be eligible for "good behavior" credits only if they participated in the center's treatment programs.

    The Department of Corrections is interpreting the statute to apply only to inmates committed to the ADTC after the law's effective date (October 31, 1994). It was the Legislature's intent that the law apply to all present and future inmates of the ADTC. The provisions of this bill clarify that intent.

Clarifies that statute making "good behavior" credits at ADTC contingent upon participation in treatment program applies to all inmates.