P.L. 1997, CHAPTER 420, approved January 19, 1998
Assembly Committee Substitute for
Assembly, No. 1526
An Act concerning the Adult Diagnostic and Treatment Center and amending N.J.S.2C:47-4.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:47-4 is amended to read as follows:
2C:47-4. Treatment arrangements
a. [The] Except as provided in subsection b. of this section, the Commissioner of the Department of Corrections, upon commitment of such person, shall provide for his treatment in the Adult Diagnostic and Treatment Center.
b. (1) The commissioner may, in his discretion, order the transfer of a person sentenced under this chapter out of the Adult Diagnostic and Treatment Center. [In the event of such a transfer the conditions of confinement and release of such person transferred shall no longer be governed by this chapter.]
(2) The commissioner shall order the transfer of a person sentenced under this chapter out of the Adult Diagnostic and Treatment Center under the following circumstances:
(a) The person is serving a life sentence without possibility of parole; or
(b) The person is not participating in or cooperating with the treatment provided in the Adult Diagnostic and Treatment Center.
(3) A person who is transferred pursuant to either paragraph (1) or subparagraph (a) of paragraph (2) of this subsection shall be subject to conditions of confinement, parole and release applicable to persons sentenced to State prison. A person who is transferred pursuant to subparagraph (b) of paragraph (2) of this subsection shall continue to be eligible for parole in accordance with the provisions of N.J.S.2C;47-5, except that the commissioner shall return the person to the Adult Diagnostic and Treatment Center as soon as practicable if the commissioner determines that the person is likely to participate and fully cooperate in the treatment provided therein.
c. If [, in the opinion of the commissioner, upon the written recommendation of] the Special Classification Review Board submits a written recommendation to the commissioner that continued confinement of the person is not necessary, [he shall] the commissioner may move before the sentencing court for modification of the sentence originally imposed.
2. This act shall take effect immediately.
Authorizes Commissioner of Corrections to transfer certain ADTC inmates; specifies parole restrictions for inmates transferred for refusing treatment.