ASSEMBLY, No. 998

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen MORAN and CONNORS

An Act concerning certain correctional facilities and supplementing Title 30 of the Revised Statutes.

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

    1. No State correctional institution or satellite facility shall be constructed, established or expanded without the approval of the governing body of both the municipality and the county wherein that institution or facility is located. The governing body of a municipality shall grant approval by ordinance. The governing body of a county shall grant approval by ordinance or resolution, as appropriate.

    Whenever the Department of Corrections proposes the construction, establishment or expansion of a State correctional institution or satellite facility, it shall submit to the governing body of the affected municipality and county:

    a. A detailed description of the proposed construction, establishment or expansion;

    b. The maximum number of inmates the department plans to house in the proposed project;

    c. A profile of the type of inmate to be housed in the proposed project;

    d. A detailed overview of the department's security plans for the proposed project, including but not limited to, the intended ratio of correctional officers to inmates; the specific measures, electronic and non-electronic, that will be taken to deter inmate escapes; the particular steps to be followed by the department in reacting to any inmate escape; and such other actions, programs or policies the department may initiate in order to assure the safety, well being and tranquility of the residents of the municipality and county; and

    e. Such other information as the department deems necessary so that the governing body may make an informed decision concerning the construction, establishment or expansion.

    2. The Commissioner of Corrections shall annually prepare and, commencing January 15th next following enactment, transmit to the governing body of each municipality and county wherein there is located a State correctional institution or satellite facility a report detailing any escapes, attempted escapes, breaches in internal security, or other such incidents which disrupted, or threatened to disrupt, the tranquility of that correctional institution or satellite facility. The report also shall detail the manner in which the department reacted to each of those incidents; the effectiveness of those responses; and any proposals or programs the department is adopting, or considering for adoption, to prevent such incidents in the future and to preserve and protect the safety and well being of the residents of the municpality and county where that institution or facility is located.

    3. This act shall take effect immediately.

STATEMENT

    This bill would require the Department of Corrections (DOC) to secure local approval before undertaking any construction or expansion project involving a State prison or any satellite facility.

    Under the provisions of the bill, no State correctional institution or satellite facility may be constructed, established, or expanded without the approval of the governing body of both the municipality and the county in which it is located. In presenting its proposal for construction or expansion, the DOC is to provide the governing bodies with information describing in detail the proposed facility; the projected number of inmates and a profile of the type of inmates to be housed in the facility; and the security measures the department proposes for the facility.

    The bill also requires the DOC to prepare and transmit an annual report on each State correctional facility to its host municipality and county. The annual report is to detail escapes, attempted escapes, breaches in internal security, and such other incidents that disrupted or threatened to disrupt the tranquility of the facility. The report also is to present a description of the department's reactions to those incidents, the effectiveness of those responses, and any proposals to prevent such incidents in the future.

Requires local approval as condition for prison siting or expansion.