A1378

ASSEMBLY, No. 1378

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen STEELE and PASCRELL

An Act establishing shock incarceration programs, amending P.L.1982, c.77 and supplementing Title 30 of the Revised Statutes.

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

1. (New section) The Legislature finds and declares that there is a need to provide a short term shock incarceration program for non-violent juvenile offenders who have been previously adjudicated delinquent or convicted of a criminal offense. The three to six month program would stress highly structured routines of discipline, military style drill and ceremony, exercise and work therapy, together with substance abuse workshops, education, pre-release counseling and self-improvement counseling.

The goal of the program is to divert non-violent juvenile offenders who have been previously adjudicated delinquent or convicted of a criminal offense from long-term incarceration by providing them with a closely supervised, rigidly structured environment which fosters self-control and self-respect.

Therefore, the Department of Corrections shall establish a shock incarceration correctional facility and program pursuant to the provisions of this act.

2. (New Section) a. The Adjutant General in the Department of Military and Veterans Affairs, in consultation with the Commissioner of the Department of Corrections and the governing bodies of the appropriate municipalities, shall designate as shock incarceration facilities several of the State-owned armories scheduled for closing, provided that the armory sites are suitably located for such purposes. The Adjutant General in the Department of Military and Veterans Affairs, in consultation with the Commissioner of the Department of Corrections, may also attempt to secure a lease from the Federal government for the use of Fort Dix as a shock incarceration facility.

b. The Department of Corrections shall establish, staff and maintain the shock incarceration facilities for juvenile offenders. The Department of Corrections shall also develop the administrative, custodial and supervisory guidelines for the facilities and shall provide a structured daily program to be implemented by the staff. The guidelines shall include, but shall not be limited to, conditions for expulsion from the program and voluntary termination of the program by the juvenile offender, and guidelines for discipline and punishment for disciplinary violations.

c. The shock incarceration program shall consist of three to six months of disciplined and regimented daily routine. The schedule for the juvenile offenders at the shock incarceration facilities shall include, but shall not be limited to, physical training, military style drill and ceremony, group and individual counseling, high school equivalency education, substance counseling and physical work, which shall include community service related activities, daily.

d. A juvenile offender is required to adhere to the standards of discipline developed by the Department of Corrections.

3. (New section) a. The Commissioner of the Department of Corrections shall establish a shock incarceration review committee. The committee shall review the case of each non-violent juvenile offender who has been adjudicated delinquent or convicted of a criminal offense and ordered to participate in a shock incarceration program. The committee shall determine through the review process whether the juvenile offender meets the eligibility requirements for participation in the shock incarceration program.

b. If the committee determines that the juvenile is eligible for the program, the committee shall notify the juvenile and the Commissioner of the Department of Corrections. The Commissioner shall make the final determination for the placement of each juvenile offender.

c. As used in this section and in P.L. ,c. (C. )(now pending before the Legislature as this bill), "non-violent offense" means those offenses which do not involve the use or threat of personal injury to or death of another person.

4. (New section) The Department of Corrections shall have a health professional examine each eligible juvenile offender to determine whether the juvenile is medically and psychologically fit to participate in the shock incarceration program.

5. (New section) The Commissioner of the Department of Corrections and the Adjutant General in the Department of Military and Veterans Affairs shall promulgate rules and regulations pursuant to the "Administration Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

6. Section 24 of P.L.1982, c.77 (C.2A:4A-43) is amended to read as follows:

24. Disposition of delinquency cases. a. In determining the appropriate disposition for a juvenile adjudicated delinquent the court shall weigh the following factors:

(1) The nature and circumstances of the offense;

(2) The degree of injury to persons or damage to property caused by the juvenile's offense;

(3) The juvenile's age, previous record, prior social service received and out-of-home placement history;

(4) Whether the disposition supports family strength, responsibility and unity and the well-being and physical safety of the juvenile;

(5) Whether the disposition provides for reasonable participation by the child's parent, guardian, or custodian, provided, however, that the failure of a parent or parents to cooperate in the disposition shall not be weighed against the juvenile in arriving at an appropriate disposition;

(6) Whether the disposition recognizes and treats the unique physical, psychological and social characteristics and needs of the child;

(7) Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of the child where he has mental retardation or learning disabilities; and

(8) Any other circumstances related to the offense and the juvenile's social history as deemed appropriate by the court.

b. If a juvenile is adjudged delinquent the court may order incarceration pursuant to section 25 of this act or any one or more of the following dispositions:

(1) Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint; provided that if the court adjourns formal entry of disposition of delinquency for a violation of an offense defined in chapter 35 or 36 of Title 2C, of the New Jersey Statutes the court shall assess the mandatory penalty set forth in N.J.S.2C:35-15 but may waive imposition of the penalty set forth in N.J.S.2C:35-16 for juveniles adjudicated delinquent;

(2) Release the juvenile to the supervision of his or her parent or guardian;

(3) Place the juvenile on probation to the chief probation officer of the county or to any other suitable person who agrees to accept the duty of probation supervision for a period not to exceed three years upon such written conditions as the court deems will aid rehabilitation of the juvenile;

(4) Transfer custody of the juvenile to any relative or other person determined by the court to be qualified to care for the juvenile;

(5) Place the juvenile under the care of the Department of Human Services under the responsibility of the Division of Youth and Family Services pursuant to P.L.1951, c.138, s.2(c) (C.30:4C-2(c)) for the purpose of providing services in or out of the home. Within 14 days, unless for good cause shown, but not later than 30 days, the Department of Human Services shall submit to the court a service plan, which shall be presumed valid, detailing the specifics of any disposition order. The plan shall be developed within the limits of fiscal and other resources available to the department. If the court determines that the service plan is inappropriate, given existing resources, the department may request a hearing on that determination;

(6) Place the juvenile under the care and custody of the Commissioner of the Department of Human Services for the purpose of receiving the services of the Division of Mental Retardation of that department, provided that the juvenile has been determined to be eligible for those services under P.L.1965, c.59, s.16 (C.30:4-25.4);

(7) Commit the juvenile, pursuant to the laws governing civil commitment, to the Department of Human Services under the responsibility of the Division of Mental Health and Hospitals for the purpose of placement in a suitable public or private hospital or other residential facility for the treatment of persons who are mentally ill, on the ground that the juvenile, if not committed, would be a probable danger to himself or others or property by reason of mental illness;

(8) Fine the juvenile an amount not to exceed the maximum provided by law for such a crime or offense if committed by an adult and which is consistent with the juvenile's income or ability to pay and financial responsibility to his family, provided that the fine is specially adapted to the rehabilitation of the juvenile or to the deterrence of the type of crime or offense. If the fine is not paid due to financial limitations, the fine may be satisfied by requiring the juvenile to submit to any other appropriate disposition provided for in this section;

(9) Order the juvenile to make restitution to a person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense for which the juvenile has been adjudicated delinquent. The court may determine the reasonable amount, terms and conditions of restitution. If the juvenile participated in the offense with other persons, the participants shall be jointly and severally responsible for the payment of restitution. The court shall not require a juvenile to make full or partial restitution if the juvenile reasonably satisfies the court that he does not have the means to make restitution and could not reasonably acquire the means to pay restitution;

(10) Order that the juvenile perform community services under the supervision of a probation department or other agency or individual deemed appropriate by the court. Such services shall be compulsory and reasonable in terms of nature and duration. Such services may be performed without compensation, provided that any money earned by the juvenile from the performance of community services may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;

(11) Order that the juvenile participate in work programs which are designed to provide job skills and specific employment training to enhance the employability of job participants. Such programs may be without compensation, provided that any money earned by the juvenile from participation in a work program may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;

(12) Order that the juvenile participate in programs emphasizing self-reliance, such as intensive outdoor programs teaching survival skills, including but not limited to camping, hiking and other appropriate activities;

(13) Order that the juvenile participate in a program of academic or vocational education or counseling, such as a youth service bureau, requiring attendance at sessions designed to afford access to opportunities for normal growth and development. This may require attendance after school, evenings and weekends;

(14) Place the juvenile in a suitable residential or nonresidential program for the treatment of alcohol or narcotic abuse, provided that the juvenile has been determined to be in need of such services; or

(15) Order the parent or guardian of the juvenile to participate in appropriate programs or services when the court has found either that such person's omission or conduct was a significant contributing factor towards the commission of the delinquent act, or, under its authority to enforce litigant's rights, that such person's omission or conduct has been a significant contributing factor towards the ineffective implementation of a court order previously entered in relation to the juvenile;

(16) (a) Place the juvenile in a nonresidential program operated by a public or private agency, providing intensive services to juveniles for specified hours, which may include education, counseling to the juvenile and the juvenile's family if appropriate, vocational training, employment counseling, work or other services; or

(b) Place the juvenile under the custody of the Department of Corrections for placement with any private group home or private residential facility with which the department has entered into a purchase of service contract;

(17) Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any juvenile who used a motor vehicle in the course of committing an act for which he was adjudicated delinquent. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the delinquent act and the potential effect of the loss of driving privileges on the juvenile's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial commitment; [or]

(18) Order that the juvenile satisfy any other conditions reasonably related to the rehabilitation of the juvenile; or

(19) Place the juvenile in the custody of the Department of Corrections for placement in a shock incarceration program established pursuant to P.L. c. (C. )(now pending before the Legislature as this bill), provided the juvenile has been previously adjudicated delinquent or convicted of a non-violent criminal offense.

As used in this paragraph, "non-violent offense" means those offenses which do involve the use or threat of personal injury to or death of another person.

c. (1) If the county in which the juvenile has been adjudicated delinquent has a juvenile detention facility meeting the physical and program standards established pursuant to this subsection by the Department of Corrections, the court may, in addition to any of the dispositions not involving placement out of the home enumerated in this section, incarcerate the juvenile in the youth detention facility in that county for a term not to exceed 60 consecutive days. Counties which do not operate their own juvenile detention facilities may contract for the use of approved commitment programs with counties with which they have established agreements for the use of pre-disposition juvenile detention facilities. The Department of Corrections shall promulgate such rules and regulations from time to time as deemed necessary to establish minimum physical facility and program standards for the use of juvenile detention facilities pursuant to this subsection.

(2) No juvenile may be incarcerated in any county detention facility unless the county has entered into an agreement with the Department of Corrections concerning the use of the facility for sentenced juveniles. Upon agreement with the county, the Department of Corrections shall certify detention facilities which may receive juveniles sentenced pursuant to this subsection and shall specify the capacity of the facility that may be made available to receive such juveniles; provided, however, that in no event shall the number of juveniles incarcerated pursuant to this subsection exceed 50% of the maximum capacity of the facility.

(3) The court may fix a term of incarceration under this subsection where:

(a) The act for which the juvenile was adjudicated delinquent, if committed by an adult, would have constituted a crime or repetitive disorderly persons offense;

(b) Incarceration of the juvenile is consistent with the rehabilitative goals of this act and the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors as set forth in section 25 of this act; and

(4) If as a result of incarceration of adjudicated juveniles pursuant to this subsection, a county is required to transport a predisposition juvenile to a juvenile detention facility in another county, the costs of such transportation shall be borne by the Department of Corrections.

d. Whenever the court imposes a disposition upon an adjudicated delinquent which requires the juvenile to perform a community service, restitution, or to participate in any other program provided for in this section other than subsection c., the duration of the juvenile's mandatory participation in such alternative programs shall extend for a period consistent with the program goal for the juvenile and shall in no event exceed one year beyond the maximum duration permissible for the delinquent if he has been committed to a correctional institution.

(cf: P.L.1988, c.72, s.1.)

7. This act shall take effect immediately.

STATEMENT

The bill would amend the "New Jersey Code of Juvenile Justice," N.J.S.A.2A:4A-20 et seq., to allow the court to place juvenile offenders who have been previously adjudicated delinquent or convicted of a non-violent criminal offense in the custody of the Department of Corrections for placement in a shock incarceration program as an alternative to incarceration.

The bill would require the Adjutant General in the Department of Military and Veterans Affairs, in consultation with the Commissioner of the Department of Corrections, and the governing bodies of the appropriate municipalities to designate as shock incarceration facilities several of the State owned armories scheduled for closing. The facilities are intended for non-violent juvenile offenders who have been previously adjudicated delinquent or convicted of a criminal offense and ordered by the court to participate in a shock incarceration program. The bill would also provide that the Department of Military and Veterans Affairs, in consultation with the Commissioner of the Department of Corrections, may also attempt also to secure a lease from the Federal government for the use of Fort Dix as a shock incarceration facility.

The Department of Corrections would be required to establish, staff and maintain the shock incarceration facilities. The Department of Corrections would also be required to develop administrative, custodial and supervisory guidelines for the facilities. The program would consist of a three to six month structured program stressing military style drill and ceremony, exercise and work therapy, together with substance abuse workshops, education, pre-release counseling and self-improvement counseling.

The goal of the program would be to divert certain juvenile offenders from long-term incarceration by providing them with a closely supervised, rigidly structured environment which fosters self-control and self-respect.

Establishes shock incarceration programs.