ASSEMBLY, No. 2789

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 13, 1997

 

 

By Assemblymen ASSELTA and GIBSON

 

 

An Act concerning certain changes to correctional facilities and supplementing Title 30 of the Revised Statutes.

 

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

 

    1. a. The Commissioner of Corrections shall not change the security classification of a State correctional facility or discontinue operation of a security perimeter tower at that facility unless the commissioner has complied with the procedures set forth in this section.

    b. The Department of Corrections shall conduct at least one public hearing in the municipality where the facility is located, or in a central location if more than one facility and municipality are affected by the decision, to provide an opportunity for public testimony on the proposed change in security classification or discontinuance of a security perimeter tower. The hearing shall be conducted at least 90 days in advance of the proposed action. The commissioner shall publish a Notice of Intent to hold the public hearing at least 15 days prior to the public hearing. Publication of the Notice of Intent shall be in accordance with subsection c. of this section.

    c. A Notice of Intent to change the security classification of a State correctional facility or discontinue operation of a security perimeter tower at that facility pursuant to subsection b. of this section shall be mailed, telephoned, sent by telegram or hand delivered to at least three local newspapers for publication. Failure to comply with the requirements of this subsection shall invalidate or delay any change in security classification or discontinuance of operation of a security perimeter tower at that facility.

    d. The commissioner shall prepare a report setting forth an economic impact analysis in accordance with section 2 of P.L. , c. (C. )(now pending before the Legislature as this bill), policy rationale and summary of the testimony received at any hearing held pursuant to this section.

    This report shall be submitted to the chairmen of the Legislature's Joint Budget Oversight Committee or its successor within 30 days following the public hearing held pursuant to this section.

    2. The commissioner shall cause to be prepared an economic impact analysis prior to a public hearing held pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as this bill) to include the short and long term economic impact of the change in security classification of a State correctional facility or discontinuance of a security perimeter tower at that facility.

    The economic impact analysis shall also include a jobs impact statement which may include:

    a. An assessment of the number of jobs to be generated or lost by the change in security classification or discontinuance of a security perimeter tower; a determination as to how many of these jobs are short-term and temporary in nature, how many are of a long-term and more permanent nature, and the skills which, if developed in the workforce, might further the purpose of the change and increase the permanency of these jobs;

    b. A cost benefit analysis of the change, which shall compare and examine the cost of the initiative and its impact on the State, county and municipality in which the facility is located, the number of jobs to be generated or lost, the cost of maintaining those jobs and the impact of those jobs generated or lost on the economic climate of the State, county and municipality in which the facility is located.

 

    3. a. The commissioner shall not change the security classification of a State correctional facility or discontinue operation of a security perimeter tower at that facility without the approval of the governing body of the municipality where that correctional facility is located. The governing body of a municipality shall grant approval by ordinance.

    Whenever the commissioner proposes to change the security classification of a State correctional facility or discontinue a security perimeter tower at that facility, it shall submit to the governing body of the affected municipality:  

    (1) A detailed description of the proposed change in security classification or discontinuance of a security perimeter tower;

    (2) The maximum number of inmates the department plans to subsequently house in the correctional facility;

    (3) A profile of the type of inmate to be housed in the correctional facility;

    (4) A detailed overview of the department's security plans for the correctional facility, including but not limited to, the intended ratio of correctional officers to inmates; the specific measures, electronic and non-electronic, that will be taken to deter inmate escapes; the particular steps to be followed by the department in reacting to any inmate escape; and such other actions, programs or policies the department may initiate in order to assure the safety, well being and tranquility of the residents of the municipality; and

    (5) Such other information as the department deems necessary so that the governing bodies may make an informed decision concerning the change in security classification or discontinuance of a security perimeter tower .

    b. The commissioner shall annually prepare and, each January 15, transmit to the governing body of the municipality where there is located a State correctional facility that had a security classification change or discontinuance of a security perimeter tower, a report detailing any escapes, attempted escapes, breaches in internal security, or other such incidents which disrupted, or threatened to disrupt, the tranquility of that correctional facility. The report also shall detail the manner in which the department reacted to each of those incidents; the effectiveness of those responses; and any proposals or programs the department is adopting, or considering for adoption, to prevent such incidents in the future and to preserve and protect the safety and well being of the residents of the municipality where that facility is located. This report shall be in addition to any other report the commissioner is required to submit.

 

    4. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would require (1) a public hearing be held by the Department of Corrections (DOC) prior to its changing the security classification of a State correctional facility or discontinuing the operation of a security perimeter tower at that facility; (2) an economic impact analysis to be prepared prior to the public hearing; and (3) local governmental approval of such changes.

    The bill would require the public hearing to be held at least 90 days in advance of the proposed action, and would require a Notice of Intent to hold a public hearing to be issued at least 15 days in advance of the public hearing. The DOC would be required to publish the Notice of Intent in at least three local newspapers, and would be required to give all persons the opportunity to provide testimony. Failure to comply with these requirements would prevent DOC from changing the security classification or discontinuing security perimeter tower at a State correctional facility.

    The bill would require an economic impact statement be prepared prior to the public hearing, which would include the short and long term economic impact of the change in classification or discontinuance of a security perimeter tower of a State correctional facility, as well as a job impact analysis and a cost benefit analysis.

     This bill would also require the commissioner to secure local governmental approval before undertaking any change in security classification of a State correctional facility or discontinuance of a security perimeter tower at that facility. Under the provisions of the bill, the commissioner would need the approval of the governing body of the municipality where the facility is located. In presenting its proposal for the change in security classification or discontinuance of a security perimeter tower, the commissioner is to provide the governing body with information describing the proposal in detail; the projected number of inmates and a profile of the type of inmates to be housed in the facility; and the security measures the department proposes for the facility. The bill also requires the commissioner to prepare and transmit to its host municipality an annual report on each State correctional facility that had a classification change or discontinuance of a security perimeter tower. The annual report is to detail escapes, attempted escapes, breaches in internal security, and such other incidents that disrupted or threatened to disrupt the tranquility of the facility. The report also is to present a description of the department's reactions to those incidents, the effectiveness of those responses, and any proposals to prevent such incidents in the future.

 

 

                             

 

Requires public hearing, economic impact analysis and local approval to change security classification or discontinue security tower at State correctional facility.