ASSEMBLY, No. 1523

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 8, 1996

By Assemblyman GARRETT

An Act concerning siting of correctional facilities and supplementing chapter 1B of Title 30 of the Revised Statutes.

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

    1. a. Before establishing any juvenile, youth or adult correctional facility or increasing the residential capacity of an existing facility, the Department of Corrections shall conduct a public hearing in the municipality where that facility is located. The hearing shall afford residents of the area and other interested persons an opportunity to receive information and present their views regarding the proposed project. The hearing shall take place at least six months prior to the beginning of any construction, renovation or expansion of the facility.

    b. The department shall ensure that the public hearing is publicized throughout the municipality and county where the correctional facility is located. At least six weeks before the hearing, the department shall (1) notify by certified mail, return receipt requested, the governing bodies of the municipality where the facility is located, all contiguous municipalities, and the county; and (2) advertise the meeting in newspapers of general circulation in the municipality and county where the facility is located.

    2. Sixty days following enactment of this act, the department shall provide to the appropriate committees of the Legislature and other interested persons an inventory of its correctional facilities and the inmate population of each facility. One year following enactment of this act, and annually thereafter, the department shall provide to the appropriate committees of the Legislature and other interested persons an inventory of its correctional facilities, the inmate population of each facility, and a detailed report on its compliance with this act.

    3. Notwithstanding the provisions of P.L.1972, c.45 (C.59:2-1 et seq.) or any other law to the contrary, a private citizen shall have standing to sue for compliance with this act.

    4. This act shall take effect immediately.

STATEMENT

    This bill will insure that local residents receive adequate advance notice and have an opportunity to express their views before the establishment or expansion of a correctional facility in their area. It would require the Department of Corrections to sponsor a public hearing on the project in the municipality in which it plans to establish or expand a juvenile, youth or adult correctional facility. The department would be required to hold the hearing at least six months before the start of any construction, renovation or expansion of a facility. The department also would be required to adequately publicize the meeting in the municipality and county of the facility and in contiguous municipalities.

    The bill further requires the department to report within 60 days, and annually thereafter, to the appropriate committees of the Legislature and other interested persons an inventory of its correctional facilities and the inmate population of each facility. Also, private citizens are authorized by the bill to sue for compliance with its provisions.

Requires DOC to hold public hearing when siting correctional facility.