SENATE LAW AND PUBLIC SAFETY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 1551

 

STATE OF NEW JERSEY

 

DATED: MARCH 14, 1996

 

      The Senate Law and Public Safety Committee reports favorably Assembly Bill No. 1551.

      This bill declares a continuing state of emergency due to overcrowding in the prisons and other penal and correctional institutions of the New Jersey Department of Corrections. Also, the bill extends the Governor's authority, declared pursuant to P.L.1994, c.12, to issue executive orders to respond to that state of emergency.

      The bill notes that State prisons and other penal and correctional institutions of the New Jersey Department of Corrections continue to house populations of inmates in excess of their capacities and remain seriously overcrowded. These conditions tax available State correctional facilities and endanger the safety, welfare, and resources of the State, according to the bill. Prison overcrowding remains a problem despite efforts to provide greater inmate housing capacities by expansion and construction of new corrections facilities.

      This legislation stems from the New Jersey Supreme Court's decision in County of Gloucester v. State, 132 N.J.141 (1993), wherein the Supreme Court determined that after April 22, 1994, the Governor could no longer issue executive orders pursuant to the Disaster Control Act, P.L.1942, c.251 (C. App. A:9-33 et al.) to address prison overcrowding.