§1, 2 - C.30:1-7.3 and 30:1-7.4

§§3, 4 - C.30:1B-8.3 and 30:1B-8.4

§§5, 6

C.38A:3-6.4a and

38A:3-6.4b


P.L. 1996, CHAPTER 150, approved December 20, 1996

Assembly No. 969 (Second Reprint)

 

 

 

 

 

 

An Act concerning the operation of certain State facilities and supplementing Title 30 of the Revised Statutes and Title 38A of the New Jersey Statutes.

 

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

 

    1. As used in sections 1 and 2 of P.L. , c. (C. ) (pending before the Legislature as this bill):

    "Commissioner" means the Commissioner of Human Services.

    "Facility" means a State psychiatric hospital or a State developmental center listed in R.S.30:1-7.

 

    2. a. 2[The commissioner shall not implement a decision to: temporarily remove 1, except in the case of an emergency condition,1 all patients or residents residing in a facility; permanently remove all patients or residents residing in a facility and close the facility; reduce the number of patients or residents residing in a facility below two thirds of the capacity of the facility; or privatize any services, functions or units of the facility, unless the commissioner has complied with the procedures set forth in this section] Except in the case of an emergency condition, the commissioner shall not implement a decision to close an existing facility or to privatize any services, functions or units of an existing facility, if the commissioner finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the commissioner has complied with the procedures set forth in this section2.

    b. 2[If the commissioner seeks to close or reduce the number of patients or residents residing in a facility, or privatize any services, functions or units of the facility, he] Pursuant to subsection a. of this section, the commissioner2 shall conduct at least 2[three]one2 public 2[hearings, one each in the northern, central and southern regions of the State, at least one of] hearing2 which shall be held in the 2[county] region2 in which the facility is located, 2or a central location designated by the commissioner if more than one facility is affected by the decision,2 to provide an opportunity for the public to submit testimony on the proposed closing2[, reduction]2 or privatization. 2[ At least 30 days shall be required to elapse between the date of each hearing. A notice of the public hearings shall be published in at least two newspapers generally circulated in the region in which each hearing is to be held. The notice shall be published at least twice on two different days no later than one week, but no sooner than three weeks, before the date of each hearing] The hearing shall be conducted at least 45 days in advance of a facility closure, or at least 30 days prior to the issuance of a Request for Proposal. For a facility closure, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a facility by the commissioner in accordance with subsection c. of this section2. The commissioner shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or to submit written testimony. 2[The commissioner shall compile a report of the testimony received at the hearings for submission to the Governor and the Legislature.]2

    c. 2[The commissioner shall have an independent public or private agency or organization prepare a report on the impact of the proposed closing, reduction or privatization of a facility. This report shall be prepared after the public hearings required in subsection b. of this section have been completed. The report shall include an evaluation of the reasons for the closing, reduction or privatization, its impact on the patients or residents, its effect on the persons employed at the facility, and its impact on the community in which the facility is located and the communities in which the patients or residents will be placed. The report shall also include a section of evaluation and comment on the testimony received during the public hearings] The Notice of Intent to close a facility pursuant to subsection b. of this section shall be mailed, telephoned, telegrammed or hand delivered to at least two newspapers for publication, at least one of which shall be within the geographic boundaries of the county where the facility is located. Failure to comply with the requirements of this subsection shall not invalidate or delay any facility closure2.

    d. 2[In addition, the commissioner shall have an independent public or private agency or organization prepare a report on the impact of patients or residents who were previously discharged from facilities during the two-year period preceding a decision by the commissioner to close, reduce or privatize a facility. This report shall also be prepared after the public hearings required in subsection b. of this section have been completed] The commissioner shall prepare a report setting forth a fiscal impact analysis, 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 Joint Budget Oversight Committee within five days of the issuance of a Notice of Intent to Award or within 30 days following the last scheduled public hearing for a facility closure2.

 

    3. As used in sections 3 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):

    "Commissioner" means the Commissioner of Corrections.

    "Facility" means a State correctional institution or facility listed in section 8 of P.L.1976, c.98 (C.30:1B-8).

 

    4. a. 2[The commissioner shall not implement a decision to: temporarily remove 1, except in the case of an emergency condition,1 all inmates residing in a facility; permanently remove all inmates residing in a facility and close the facility; reduce the number of inmates residing in a facility below two thirds of the capacity of the facility; or privatize any services, functions or units of the facility, unless the commissioner has complied with the procedures set forth in this section] Except in the case of an emergency condition, the commissioner shall not implement a decision to close an existing facility or to privatize any services, functions or units of an existing facility, if the commissioner finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the commissioner has complied with the procedures set forth in this section2.

    b. 2[If the commissioner seeks to close or reduce the number of inmates residing in a facility, or privatize any services, functions or units of the facility, he] Pursuant to subsection a. of this section, the commissioner2 shall conduct at least 2[three]one2 public 2[hearings, one each in the northern, central and southern regions of the State, at least one of] hearing2 which shall be held in the 2[county]region2 in which the facility is located, 2or a central location designated by the commissioner if more than one facility is affected by the decision,2 to provide an opportunity for the public to submit testimony on the proposed closing2[, reduction]2 or privatization. 2[At least 30 days shall be required to elapse between the date of each hearing. A notice of the public hearings shall be published in at least two newspapers generally circulated in the region in which each hearing is to be held. The notice shall be published at least twice on two different days no later than one week, but no sooner than three weeks, before the date of each hearing] The hearing shall be conducted at least 45 days in advance of a facility closure, or at least 30 days prior to the issuance of a Request for Proposal. For a facility closure, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a facility by the commissioner in accordance with subsection c. of this section2. The commissioner shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or to submit written testimony. 2[The commissioner shall compile a report of the testimony received at the hearings for submission to the Governor and the Legislature.]2

    c. 2[The commissioner shall have an independent public or private agency or organization prepare a report on the impact of the proposed closing, reduction or privatization of a facility. This report shall be prepared after the public hearings required in subsection b. of this section have been completed. The report shall include an evaluation of the reasons for the closing, reduction or privatization, its effect on the persons employed at the facility, and its impact on the community in which the facility is located. The report shall also include a section of evaluation and comment on the testimony received during the public hearings] The Notice of Intent to close a facility pursuant to subsection b. of this section shall be mailed, telephoned, telegrammed or hand delivered to at least two newspapers for publication, at least one of which shall be within the geographic boundaries of the county where the facility is located. Failure to comply with the requirements of this subsection shall not invalidate or delay any facility closure2.

    2d. The commissioner shall prepare a report setting forth a fiscal impact analysis, 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 Joint Budget Oversight Committee within five days of the issuance of a Notice of Intent to Award or within 30 days following the last scheduled public hearing for a facility closure.2

 

    5. As used in sections 5 and 6 of P.L. , c. (C. ) (pending before the Legislature as this bill):

    "Adjutant General" means the Adjutant General of the Department of Military and Veterans' Affairs.

    "Facility" means a veterans' facility as defined in section 1 of P.L.1989, c.162 (C.38A:3-6.3).

 

    6. a. 2[The Adjutant General shall not implement a decision to: temporarily remove 1, except in the case of an emergency condition,1 all patients or residents residing in a facility; permanently remove all patients or residents residing in a facility and close the facility; reduce the number of patients or residents residing in a facility below two thirds of the capacity of the facility; or privatize any services, functions or units of the facility, unless the Adjutant General has complied with the procedures set forth in this section] Except in the case of an emergency condition, the Adjutant General shall not implement a decision to close an existing facility or to privatize any services, functions or units of an existing facility, if the Adjutant General finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the Adjutant General has complied with the procedures set forth in this section2.

    b. 2[If the Adjutant General seeks to close or reduce the number of patients or residents residing in a facility, or privatize any services, functions or units of the facility, he] Pursuant to subsection a. of this section, the Adjutant General2 shall conduct at least 2[three]one2 public 2[hearings, one each in the northern, central and southern regions of the State, at least one of] hearing2 which shall be held in the 2[county] region2 in which the facility is located, 2or a central location designated by the Adjutant General if more than one facility is affected by the decision,2 to provide an opportunity for the public to submit testimony on the proposed closing2[, reduction]2 or privatization. 2[At least 30 days shall be required to elapse between the date of each hearing. A notice of the public hearings shall be published in at least two newspapers generally circulated in the region in which each hearing is to be held. The notice shall be published at least twice on two different days no later than one week, but no sooner than three weeks, before the date of each hearing] The hearing shall be conducted at least 45 days in advance of a facility closure, or at least 30 days prior to the issuance of a Request for Proposal. For a facility closure, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a facility by the Adjutant General in accordance with subsection c. of this section2. The Adjutant General shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or to submit written testimony. 2[The Adjutant General shall compile a report of the testimony received at the hearings for submission to the Governor and the Legislature.]2

    c. 2[The Adjutant General shall have an independent public or private agency or organization prepare a report on the impact of the proposed closing, reduction or privatization of a facility. This report shall be prepared after the public hearings required in subsection b. of this section have been completed. The report shall include an evaluation of the reasons for the closing, reduction or privatization, its effect on the persons employed at the facility, and its impact on the community in which the facility is located. The report shall also include a section of evaluation and comment on the testimony received during the public hearings]              The Notice of Intent to close a facility pursuant to subsection b. of this section shall be mailed, telephoned, telegrammed or hand delivered to at least two newspapers for publication, at least one of which shall be within the geographic boundaries of the county where the facility is located. Failure to comply with the requirements of this subsection shall not invalidate or delay any facility closure2.

    2d. The Adjutant General shall prepare a report setting forth a fiscal impact analysis, 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 Joint Budget Oversight Committee within five days of the issuance of a Notice of Intent to Award or within 30 days following the last scheduled public hearing for a facility closure.2

 

    7. This act shall take effect immediately 2[and be retroactive to January 1, 1995]2.

 

 

 

Requires public hearing and report prior to closing