ASSEMBLY, No. 755

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen SULIGA and COHEN

An Act concerning nonprofit organization liability and amending P.L.1991, c.56.

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

    1. Section 1 of P.L.1991, c.56 (C.59:7A-1) is amended to read as follows:

    1. a. As used in this act:

    ["community] "Community service" means services, work or similar acts ordered by a court of competent jurisdiction to be performed by an offender as part of a sentence, penalty or other disposition imposed for the violation of a statute or ordinance.

    "Nonprofit organization" means a nonprofit organization approved by the local county probation department to operate as a community service worksite for an offender sentenced to community service.

    b. Notwithstanding any provisions of law to the contrary:

    (1) [A] No county or municipality and no nonprofit organization operating a work site for the performance of community service by an offender shall [not] be liable in any civil action for damages to an offender or any other person arising out of and in the course of the performance of community service; and

    (2) [A] No county or municipality and no nonprofit organization operating a work site for the performance of community service by an offender shall [not] be subject to any law governing the provision of labor, workers' compensation, conditions of employment or insurance with respect to an offender performing community service.

    c. Nothing in this section shall be deemed to grant immunity if the damages suffered by an offender or any other person were caused by a willful, wanton, or grossly negligent act of commission or omission by a county or municipality.

    d. Nothing in this section shall be deemed to grant immunity to a county or municipality for damages resulting from the negligent operation of a motor vehicle.

(cf: P.L.1991, c.56, s.1)

    2. This act shall take effect immediately.

STATEMENT

    N.J.S.A.59:7A-1 presently exempts a county or municipality from civil liability in connection with court-ordered community service performed by offenders. This provision further exempts the county or municipality from laws governing the provision of labor, workers' compensation, conditions of employment or insurance concerning offenders performing community service. This bill would add nonprofit organizations which operate community service work sites to the category of exempt entities.

Exempts certain nonprofit organizations from liability for damages to an offender performing community service.