ASSEMBLY, No. 1458

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 5, 1996

 

 

By Assemblymen ASSELTA, GIBSON, Blee, Holzapfel, Wolfe, Stuhltrager, Augustine, Bagger and Kelly

 

 

An Act concerning the establishing of specialized county rehabilitative programs for certain juvenile offenders, and supplementing chapter 8 of Title 30 of the Revised Statutes and P.L.1970, c.13 (C.5:9-1 et seq.).

 

    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 “Juvenile Offender Rehabilitation Act.”

 

    2. The Legislature finds that specialized rehabilitation programs which utilize proven military techniques of regimentation and structured discipline have been shown to develop positive attitudes and behavior traits in juvenile offenders; such programs foster self-control, self-respect, and dramatically improve a juvenile offender’s potential for rehabilitation and re-integration into the community; and, by complementing that regimen and structure with education, vocational training, counseling, and aftercare services, such a program can significantly reduce recidivism among juvenile offenders.

    The Legislature, therefore, declares that the counties of this State should be authorized to establish and maintain specialized rehabilitation programs for juvenile offenders; these specialized programs should be designed as short-term incarcerations during which the juvenile offender is exposed to a highly structured routine of discipline, intensive regimentation, exercise and work therapy, together with substance abuse treatment, self-improvement counseling, and educational and vocational training; and following the term of incarceration, the program should provide a period of intensive aftercare supervision or mentoring for the juvenile offender.

 

    3. As used in this act:

     “Commission” means the Juvenile Justice Commission established pursuant to P.L. , c. (C. )(now pending before the Legislature as Senate, No. 2211(2R) of 1995).

    “Juvenile offender” means a person at least 14 years old and under the age of 18 who has been adjudicated delinquent for an act which, if committed by an adult, would constitute a crime of the third or fourth degree, excluding an adjudication for any act which would constitute a crime under chapter 14 of Title 2C of the New Jersey Statutes.

 

    4. a. The governing body of any county, by resolution or ordinance, as appropriate, may establish and maintain a juvenile offender rehabilitation program.

    b. The governing bodies of two or more counties, in accordance with the provisions of the “Interlocal Services Act,” P.L.1973, c.208 (C.40:8A-1 et seq.), may establish and maintain a joint juvenile offender rehabilitation program.

 

    5. A juvenile offender rehabilitation program established and maintained pursuant to this act shall consist of the following components:

    a. A comprehensive, four to six week residential program consisting of:

    (1) Highly structured routines of discipline;

    (2) Physical exercise;

    (3) Work;

    (4) Substance abuse counseling;

    (5) Educational and vocational counseling:

    (6) Psychological counseling; and

    (7) Self-improvement and personal growth counseling stressing moral values and cognitive reasoning.

    b. A six to nine month aftercare or mentoring program. The program, which may include a residential period, shall consist of counseling services and assistance, including, but not limited to: educational and vocational counseling and assistance; psychological counseling; substance abuse counseling and assistance; personal development and self-improvement counseling; and counseling and assistance relating to the juvenile’s re-integration into his family and the community.

 

    6. In imposing a term of incarceration on a juvenile offender, if information obtained during court proceedings or information contained in the presentence investigation and report prepared for the court prior to sentencing leads the court to conclude that the offender may be eligible for participation in the juvenile offender program the county has established and maintains pursuant to the provisions of this act, the court shall note that conclusion and the reasons for it in writing and shall include it as part of the juvenile’s record to be forwarded to the Juvenile Justice Commission.


    7. a. Any juvenile offender who is serving a term of incarceration at a facility operated by the commission may:

    (1) request admission to the juvenile offender program maintained by the county wherein the juvenile offender is incarcerated; or

    (2) be offered admission to the juvenile offender program by the commission, if, following its assessment of the juvenile offender’s record, the commission determines that the offender is an appropriate candidate for the program.

    b. If an offender fails to comply with the requirements of the juvenile offender program, the offender shall be returned to the custody of the commission to serve the remainder of the sentence originally imposed and shall be eligible for parole pursuant to the provisions of P.L.1979, c. 441 (C.30:4-123.45 et seq.). The offender shall not subsequently be eligible for re-admission at any time to any program established and maintained pursuant to the provisions of this act.

 

    8. Notwithstanding any other provisions of law to the contrary concerning primary parole eligibility dates and parole release dates of juvenile inmates, a person who successfully completes a juvenile offender rehabilitation program established and maintained pursuant to this act shall not be required to serve parole.

 

    9. Nothing in this act shall be construed to exempt any person who is admitted to a juvenile offender program established and maintained pursuant to the provisions of this act from the payment of any fine, penalty, restitution or other financial obligation imposed by law or the court as a result of any adjudication.

 

    10. For the purposes of P.L.1970, c.13 (C.5:9-1 et seq.), a juvenile offender rehabilitation program established and maintained pursuant to the provisions of P.L. , c. (C. )(now pending before the Legislature as this bill) shall be considered an education program eligible for State aid from the net proceeds of any State lottery; provided, however, no such program, regardless of whether that program is established and maintained by one county or by two or more counties, shall receive in any fiscal year an amount of State aid under the provisions of this section more than either the actual cost of the program or $1,000,000, whichever is less.

 

    11. The commission, in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgated rules and regulations to effectuate the purposes of this act. Those rules and regulations shall include, but not be limited to, minimum standards and guidelines for the several component parts of the residential and aftercare elements of a program set forth in section 4 of this act; procedures concerning the voluntary admission of incarcerated juvenile offenders into a program; and procedures providing for the commission’s monitoring and evaluating of the effectiveness of each program.

 

    12. This act shall take effect on the first day of the sixth month following enactment, except that section 9 shall take effect immediately.

 

 

 

STATEMENT

 

    This act, the “Juvenile Offender Rehabilitation Act,” permits counties to establish “boot camps” for juvenile offenders.

    Under the provisions of the bill, the governing body of any county, or the governing bodies of two or more counties, may establish and maintain a “boot camp” for juvenile offenders. These “boot camps,” which use regimentation and structured discipline, coupled with substantial counseling and aftercare or mentoring services, have been shown to develop positive attitudes and behavior traits in juvenile offenders and dramatically improve a juvenile offender’s potential for rehabilitation and re-integration into the community.

    While the counties would have significant latitude in the operation of these camps, the bill does specify that the camps should consist of a four to six week residential phase during which the offender is subjected to highly structured routines of discipline, physical exercise, work, and various types of counseling, including psychological, vocational, educational, personal development, and, if appropriate, substance abuse counseling. This residential phase is to be followed by a six to nine month aftercare or mentoring program where the juvenile will receive additional counseling and assistance.

    Juvenile offenders may be recommended for the program by their sentencing judge or, if incarcerated in another facility, apply for admission. An offender who successfully completes the program is absolved of any parole obligations. A juvenile who fails to comply with the requirements of the program is to be returned to the custody of the Juvenile Justice Commission and assigned to another facility to fulfill his term of incarceration. An offender who fails to complete the program or is removed from the program is forever barred from re-admission.

    The Juvenile Justice Commission is to promulgate minimum standards and guidelines for these rehabilitation programs and assume responsibility for monitoring their effectiveness.

    Finally, the bill provides that these programs are deemed to be education programs and, therefore, eligible for State aid from the proceeds of the State lottery. The bill further provides, however, that the maximum amount of such State aid any program may receive in any fiscal year (regardless of whether it is operated by a single county or by two or more counties as a joint venture) is not to exceed either the actual cost of the program or $1,000,000, whichever is less.

 

 

                           

 

Permits counties to establish boot camps for juvenile offenders.