ASSEMBLY, No. 1823

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblyman O'TOOLE

An Act concerning the costs of incarceration in county correctional facilities, and supplementing chapter 8 of Title 30 of the Revised Statutes.

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

    1. Each person sentenced to imprisonment, or ordered to pretrial or investigative detention, in a county correctional facility shall be liable for the amount the county expends for that inmate's custody, care and maintenance during incarceration.

    The amount due and payable from each inmate pursuant to this section shall be determined by the county treasurer. In making his determination, the treasurer shall calculate the per capita cost of providing for an inmate's custody, care and maintenance in the county correctional facility and shall establish a graduated schedule setting forth the percentage of that per capita cost due and payable by an inmate based upon that inmate's ability to pay. In no case shall the amount the county treasurer determines to be due and payable by an inmate pursuant to this section exceed the actual, certifiable cost incurred by the county in providing for the custody, care and maintenance of that inmate.

    2. Regardless of whether the county correctional facility is operated and administered under the provisions of R.S.30:8-17 or R.S.30:8-19, the county wherein the inmate was incarcerated shall have a lien against the property and income of that inmate for the total amount determined by the county treasurer, pursuant to section 1 of this act, to be due and payable by the inmate for the costs incurred by the county in providing for the custody, care and maintenance of that inmate. The lien when properly filed as set forth herein shall have priority over all unrecorded encumbrances.

    3. The lien shall be in the form prescribed by law and shall contain the name of the inmate, date of the inmate's incarceration, the per capita cost rate for the inmate's incarceration, and the total amount due the county on the date of the filing of the lien, together a with notice of the rate of accumulation of that amount due thereafter, if applicable. The lien shall be signed by the county treasurer, or the treasurer's duly authorized agent. Nothing herein shall preclude the county from recovering any amounts it has expended for custody, care and maintenance of an inmate, but not covered by a lien.

    4. The lien shall be filed with the clerk of the county or the register of deeds and mortgages, as the case may be, and shall immediately attach to and become binding upon all real property in the ownership of the inmate in the county wherein the lien is filed and shall have the force and effect of a money judgment of the Superior Court.

    If it is believed that the inmate is the owner of real property within the State, but the exact location of that property is not known, then the lien may be filed with the clerk of the Superior Court and shall become binding upon all real property of the inmate wherever situate within the State.

    5. If it is found that any inmate is possessed of any goods, rights, credits, chattels, moneys or effects which are held by any person, firm or corporation for the present or subsequent use of that inmate, then the lien, or a notice thereof, may be forwarded by registered mail to that person, firm or corporation and shall become binding upon any property rights so held. The person, firm or corporation shall thereafter be precluded from disposing of the property rights until the lien is satisfied or until the holder of the lien consents thereto.

    Any person, firm or corporation disposing of any such property or moneys after receipt of notice of a lien authorized under this act shall be liable to the county for the value of the property or moneys so disposed; provided, however, that when the corporation served notice pursuant to this section is a banking institution, the lien shall be effective only in the amount set forth in that notice.

    6. The clerk of the county, register of deeds and mortgages, or clerk of the Superior Court, as the case may be, shall provide suitable books in which shall be entered the liens filed pursuant to this act. All such entries shall be properly indexed in the name of the inmate.

    All liens, and any related documentation which may be required, shall be received and recorded by the clerk of the county, register of deeds and mortgages, or clerk of the Superior Court, as the case may be, without fee.

    7. To discharge any lien filed under the provisions of this act, the county treasurer, or the treasurer's duly authorized agent, shall file with the clerk of the county, the register or deeds and mortgages, or clerk of the Superior Court, as the case may be, a duly acknowledged certificate setting forth the fact that the county desires to discharge the lien of record.

    The governing body of the county, by ordinance or resolution, as appropriate, may authorize the county treasurer to compromise for settlement any lien filed under the provisions of this act for the total amount due the county for the custody, care and maintenance provided during an inmate's incarceration. Any such ordinance or resolution shall provide that a memorandum of the compromise and settlement signed by the county treasurer shall be sufficient authorization for a complete discharge of the lien.

    8. Any person desiring to secure immediate discharge of any lien filed under the provisions of this act may deposit with the court either an amount of cash sufficient to cover the amount of the lien or may post a bond in a proper amount and with sureties approved by the court. Upon proper notice being given to the county treasurer, a satisfaction of the lien shall be filed with the clerk of the county or the register of deeds and mortgages, as the case may be.

     9. a. Nothing in R.S.30:8-17 concerning a sheriff's responsibility to provide for the care and custody of the prisoners in a jail under the sheriff's control shall be construed to prohibit, restrict or otherwise hinder the county from making an inmate liable for the actual amounts the county expended in providing for the custody, care and maintenance of that inmate during the inmate's incarceration, as provided in section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill) or, to ensure the payment of those amounts, the county from placing a lien against the property and income of that inmate, in accordance with the provisions of sections 2 through 8 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    b. Nothing in R.S.30:8-18 concerning the county governing body's responsibility to provided for the custody and care of the inmates in a jail under its control shall be construed to prohibit, restrict or otherwise hinder the county from making an inmate liable for the actual amounts the county expended in providing for the custody, care and maintenance of that inmate during the inmate's incarceration, as provided in section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill) or, to ensure the payment of those amounts, the county from placing a lien against the property and income of that inmate, in accordance with the provisions of sections 2 through 8 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    10. This act shall take effect on the first day of the fourth month following enactment.

STATEMENT

    This bill would authorize counties to charge persons sentenced to imprisonment, or ordered to pretrial or investigative detention, in the county correctional facility for the costs of their incarceration.

    Under the provisions of the bill, the county treasurer is to determine the amount each inmate is to be charged. To make that determination, the treasurer is to calculate, on a per capita basis, the cost of providing for the custody, care and maintenance of inmates in the county correctional facility and to establish a graduated schedule setting forth the percentage of that per capita cost each inmate is to be charged based upon his ability to pay. The bill specifies, however, that the amount so determined by the treasurer may not exceed the actual certifiable cost the county incurs in providing for the inmate's custody, care and maintenance in its correctional facility.

    To ensure that these amounts are collected, the bill authorizes the counties to place liens against the property and income of the inmates who are assessed custody, care and maintenance charges. The bill sets forth the procedures for filing and discharging these liens, including a provision that grants county governing bodies the authority to agree to compromises for the settlement of any inmate lien. The bill also provides that these inmate liens have priority over all other unrecorded encumbrances.

Authorizes counties to charge inmates incarceration costs on a sliding scale and to place a lien to ensure payment.