ASSEMBLY, No. 1522
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 8, 1996
By Assemblyman GARRETT
An Act concerning immunity for certain governmental entities and certain non-profit organizations for community service, amending N.J.S.59:7A-1 and supplementing Title 2A of the New Jersey Statutes.
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 service" means services, work or similar acts ordered by a court of competent jurisdiction to be performed by an offender or juvenile adjudged delinquent or juvenile diverted to a juvenile conference committee pursuant to section 6 of P.L.1982, c.81 (C.2A:4A-75) or juvenile referred by an intake services conference as part of a sentence, penalty or other disposition imposed for the violation of a statute or ordinance or any juvenile adjudication.
b. Notwithstanding any provisions of law to the contrary:
(1) A county or municipality shall not be liable in any civil action for damages to an offender or juvenile adjudged delinquent or juvenile diverted to a juvenile conference committee pursuant to section 6 of P.L.1982, c.81 (C.2A:4A-75) or juvenile referred by an intake services conference or any other person arising out of and in the course of the performance of community service; and
(2) A county or municipality shall not be subject to any law governing the provision of labor, workers' compensation, conditions of employment or insurance with respect to an offender or juvenile adjudged delinquent or juvenile diverted to a juvenile conference committee pursuant to section 6 of P.L.1982, c.81 (C.2A:4A-75) or juvenile referred by an intake services conference performing community service.
c. Nothing in this section shall be deemed to grant immunity if the damages suffered by an offender or juvenile adjudged delinquent or juvenile diverted to a juvenile conference committee pursuant to section 6 of P.L.1982, c.81 (C.2A:4A-75) or juvenile referred by an intake services conference 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. (New section) a. As used in this section "community service" means services, work or similar acts ordered by a court of competent jurisdiction to be performed by an offender or juvenile adjudged delinquent or juvenile diverted to a juvenile conference committee pursuant to section 6 of P.L.1982, c.81 (C.2A:4A-75) or juvenile referred by an intake services conference as part of a sentence, penalty or other disposition imposed for the violation of a statute or ordinance or any juvenile adjudication.
b. Notwithstanding any provisions of law to the contrary, any board, council or governing body of any nonprofit corporation, society or association as provided in P.L.1959, c.90 (C.2A:53A-7 to 2A:53A-11), or nonprofit federation council or affiliated group composed of these organizations or a voluntary association as provided by P.L.1979, c.172 (C.18A:11-3) or a conference under the jurisdiction of such a voluntary association, shall not be liable in any civil action for damages to an offender or juvenile adjudged delinquent or juvenile diverted to a juvenile conference committee pursuant to section 6 of P.L.1982, c.81 (C.2A:4A-75) or juvenile referred by an intake services conference or any other person arising out of and in the course of the performance of community service.
c. Nothing in this section shall be deemed to grant immunity if the damages suffered by an offender or juvenile adjudged delinquent or juvenile diverted or any other person were caused by a willful, wanton, or grossly negligent act of commission or omission.
d. Nothing in this section shall be deemed to grant immunity for damages resulting from the negligent operation of a motor vehicle.
3. This act shall take effect immediately.
STATEMENT
This bill provides immunity to counties and municipalities for community service performed by certain juveniles. N.J.S.59:7A-1 currently extends this immunity to counties and municipalities for offenders who perform community service. This bill amends that section of law to include juveniles adjudged delinquent and diverted by juvenile conference committees. Thus, a county or municipality shall not be liable in any civil action for damages to an offender or juvenile adjudged delinquent or juvenile diverted or any other person arising out of and in the course of the performance of community service.
This bill also provides immunity to certain non-profit organizations for community service performed by adult offenders and certain juveniles. The bill refers to any board, council or governing body of any nonprofit corporation, society or association as provided in P.L.1959, c.90 (C.2A:53A-7 to 2A:53A-11), or nonprofit federation council or affiliated group composed of these organizations or a voluntary association as provided by P.L.1979, c.172 (C.18A:11-3) or to a conference under the jurisdiction of such a voluntary association and the organizations themselves.
There is no immunity under the bill if the damages suffered by an offender or juvenile or any other person were caused by a willful, wanton, or grossly negligent act of commission or omission or if the damages resulted from the negligent operation of a motor vehicle.
Provides immunity to counties and municipalities for community service performed by certain juveniles; provides immunity to certain non-profit organizations for community service performed by adults and certain juveniles.