ASSEMBLY, No. 1437
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Assemblymen MORAN and CONNORS
An Act creating the People’s Prison program and supplementing Title 2C of the New Jersey Statutes and Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "People's Prison Act."
2. The Legislature hereby finds and declares that violent crime continues to hold many New Jersey residents in its grip. According to the State Police, the volume of crimes committed in this State has risen by almost 10 percent over the past 10 years, with violent crime comprising an ever-greater proportion of the total. A recent statewide survey revealed that one of every seven New Jersey residents had been a crime victim within the past six months.
Many New Jersey citizens feel that their lives and freedom have been compromised by the fear of violent crime. They are constantly in fear for their own safety or the safety of their families. Violent crime knows no geographical boundries. Rural and suburban communities are now as likely as urban areas to be targeted by violent offenders.
The vast majority of the public is convinced that the justice and prison systems have failed. Justice appears to have become a revolving door, whereby offenders are released back into society, commit more crimes and are imprisoned once again. Our prison system has become a breeding ground for criminals, who are frequently released back into society more hardened and vicious than when they entered prison. Rehabilitative efforts are tested when the inmate is released back into society, and all too often these efforts have failed.
In recognition of these failures, it is altogether fitting and proper, and within the public interest, for the State to establish a unique program to deal severely with those who perpetrate crimes which seriously threaten the social order. The program, to be known as the People's Prison, would be designed to isolate violent offenders and stress punishment as a means of rehabilitation.
3. The Department of Corrections shall establish a People's Prison program at each adult correctional facility where inmates sentenced pursuant to the provisions of section 4 of P.L. , c. (C. )(now pending bfore the Legislature as this bill) have been incarcerated.
4. a. In any disposition where the court has imposed a term of imprisonment on a defendant who has committed a violation of N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:35-3, N.J.S.2C-35-4, N.J.S.2C:35-5, or a violation of N.J.S.2C:12-1b, N.J.S.2C:13-1, N.J.S.2C:14-2a, N.J.S.2C:14-2b or N.J.S.2C:15-1 which resulted in bodily injury to another person, and where the defendant would be no more than 54 years of age and eligible for parole after serving no more than 15 years of the sentence, the court shall require one-fifth of the term imposed to be served in the People's Prison program established pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill). The provisions of this subsection shall not be construed to eliminate, reduce or increase any period of parole ineligibility or any extended term required or imposed pursuant to any other provision of law. Except as provided in subsection b. of this section, the person shall be transferred out of the People's Prison program and shall serve his remaining incarceration, if any, in another correctional facility upon having served one-fifth of the term imposed plus any additional period which may be imposed pursuant to section 7 of P.L. , c. (C. )(now pending before the Legislature as this bill).
b. In any disposition where the court has imposed a term of imprisonment on a defendant who has committed a violation of N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:35-3 N.J.S.2C:35-4, or N.J.S.2C:35-5, or a violation of N.J.S.2C:12-1b, N.J.S.2C:13-1, N.J.S.2C:14-2a, N.J.S.2C:14-2b or N.J.S.2C:15-1 which resulted in bodily injury to another person, where the defendant would be no more than 54 years of age and eligible for parole after serving no more than 15 years of the sentence, and where the defendant has previously been convicted of a crime among these enumerated crimes and as a result of that conviction, was sentenced to and served a term of incarceration in the People's Prison program established pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill), or where the defendant has previously been convicted of a crime under any statute of the United States, this State, or any other state which was similar to any of these enumerated crimes, and as a consequence of that conviction, was sentenced to and actually served a period of incarceration at least as long as the minimal period which the person would have been required to serve if the person had been sentenced pursuant to the provisions of subsection a. of this section, the defendant shall serve the entire term of imprisonment in the People's Prison program.
5. The People's Prison program shall provide an alternative form of correctional life, stressing punishment as a means of rehabilitation. This program shall emphasize a highly structured and regimented daily routine which includes rigorous discipline and physical labor. Inmates shall perform no less than 10 hours per day of physical labor of a type and in a manner prescribed by the Commissioner of Corrections. The physical labor may be performed on or off site with appropriate supervision. Any inmate who refuses to participate in physical labor shall be confined to his cell. Inmates in the program shall not be permitted to smoke or have televisions, radios, compact disc or tape players, electronic games or other entertainment devices, computers, candy bars, visitors except legal counsel, or telephone privileges. No furloughs shall be granted to inmates. Recreational activities shall be limited to one half-hour each day; the use of exercise equipment or games shall be permitted only during that half-hour.
6. The Department of Corrections shall establish disciplinary procedures for the People's Prison. These procedures shall be appropriate for the program and shall reflect its highly structured and regimented atmosphere.
7. Notwithstanding the provisions of section 7 of P.L.1979, c.441 (C.30:4-123.51), an inmate who does not comply with the rules and regulations of the People's Prison may be denied parole and be required to serve the full sentence imposed at the time of conviction. An inmate who is disciplined pursuant to section 6 of P.L. , c. (C. ) (now pending before the Legislature as this bill) and who thereafter complies with all rules and regulations may be granted parole. An inmate who fully complies with the rules and regulations of the People's Prison shall have his sentence reduced one-half day for each day of compliance. An inmate shall not be paroled from the People's Prison unless he can read, write and perform arithmetic at the sixth grade level.
8. The Department of Corrections shall submit to the Governor and the Legislature an annual report describing and assessing the implementation, operation, and results of the People's Prison program created by P.L. , c. (C. )(now pending before the Legislature as this bill). The report shall include recommendations for administrative changes to the program and for the enactment of any legislation deemed necessary for the more effective operation of the program.
9. This act shall take effect immediately.
STATEMENT
This bill requires the Department of Corrections to establish the "People's Prison" program at any correctional facility where certain hardcore offenders are incarcerated, whether the facility is minimum, medium or maximum security. The program would be an alternative correctional regimen designed to isolate violent offenders and which emphasizes punishment as a means of rehabilitation. It would stress a highly structured routine of discipline and hard physical labor.
Under the provisions of the bill, a person who is sentenced to a term of imprisonment for a first offense of murder, manslaughter, being a drug kingpin, maintaining or operating a controlled dangerous substance production facility or manufacturing or dispensing a controlled dangerous substance would serve a minimum of one-fifth of the sentence imposed in the People's Prison. For any subsequent offense, the full sentence would be served in the People's Prison. A person who is convicted for a first offense of aggravated assault, kidnapping, aggravated sexual assault, sexual assault or robbery, which resulted in bodily injury to another person, would serve a minimum of one-fifth of the sentence imposed in the People's Prison. For any subsequent offense, the entire sentence would be served in the People's Prison. Only offenders who would be under 55 years of age and eligible for parole within 15 years would be sentenced to this program.
The People's Prison would stress a highly structured and regimented daily routine, which includes rigorous discipline and physical labor. Inmates would perform no less than 10 hours per day of physical labor on or off site. An inmate who refuses to participate in physical labor would be confined to his cell. There are to be no televisions, radios, compact disc or tape players, electronic games or other entertainment devices, computers, candy bars, visitors except for legal counsel, smoking or telephone privileges, or furloughs. Recreational activities would be limited to one half-hour each day; the use of exercise equipment and games would be permitted only during that half-hour period.
Inmates would be expected to adhere to a strict standard of discipline within the program. An inmate who does not comply with the rules and regulations of the People's Prison may be denied parole. An inmate who complies with the rules and regulations would have his sentence reduced one half-day for each day of compliance. However, an inmate in the program would not be paroled unless he could read, write and perform arithmetic at a sixth grade level.
This bill also requires the Department of Corrections to submit to the Governor and the Legislature an annual report describing and assessing the operation and effectiveness of the People's Prison program.
"People's Prison Act;" creates special correctional program for certain violent offenders.