SENATE, No. 688

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senator INVERSO

An Act concerning the treatment of persons committed to the Adult Diagnostic and Treatment Center, amending N.J.S.2C:47-1, N.J.S.2C:47-3, N.J.S.2C:47-4, and N.J.S.2C:47-5, and supplementing chapter 47 of Title 2C of the New Jersey Statutes.

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

    1. N.J.S.2C:47-1 is amended to read as follows:

    2C:47-1. Referral to Adult Diagnostic and Treatment Center; Commitment; Examination.

    Whenever a person is convicted of the offense of aggravated sexual assault, sexual assault, or aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, or an attempt to commit any such crime, the judge shall order that such person be referred to the Adult Diagnostic and Treatment Center for such period as shall be necessary to complete a physical and psychological examination, said period of referral not to exceed 10 days. The referral order shall contain a determination of the person's legal settlement in accordance with subdivision D of article 3 of chapter 4 of Title 30 of the Revised Statutes.

    The private entity under contract to provide for the treatment of the persons committed to the Adult Diagnostic and Treatment Center, as provided in N.J.S.2C:47-4, shall be responsible for performing the examinations ordered under the provisions of this section.

(cf: P.L. 1994, c.130, s.5)

    2. N.J.S.2C:47-3 is amended to read as follows:

    2C:47-3. Disposition.

    a. If the report of the examination reveals that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, the court shall determine whether the offender's conduct was so characterized and shall record its findings on the judgment of conviction.

    b. If the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, the court may, upon the recommendation of the private entity under contract to provide treatment for those persons committed to the Adult Diagnostic and Treatment Center, sentence the offender to the Center for a program of specialized treatment for his mental condition or place the offender on probation with the requirement, as a condition of probation, that he receive outpatient psychological or psychiatric treatment as prescribed.

    c. A sentence of incarceration or probation imposed pursuant to subsection b. of this section shall be set in accordance with chapters 43, 44 and 45 of this code.

    d. The court shall impose sentence in accordance with chapters 43, 44 and 45 of this Title and not as provided in subsection b. of this section:

    (1) If it shall appear from the report of such examination made of such person that the offender's conduct was not characterized by a pattern of repetitive, compulsive behavior; or

    (2) If the report of the examination does not recommend that the offender be sentenced to the Adult Diagnostic and Treatment Center for treatment or placed on probation conditioned upon receipt of treatment.

    e. The court may, in its discretion, sentence an offender who is eligible for sentence pursuant to subsection b. of this section in accordance with chapters 43, 44 and 45 of this Title.

(cf: P.L. 1994, c.134, s.2)

    3. N.J.S.2C:47-4 is amended to read as follows:

    2C:47-4. Treatment arrangements.

    a. The Commissioner of the Department of Corrections, upon commitment of such person, shall, by contract with a private entity pursuant to section 5 of P.L. , c. (C. )(now pending before the Legislature as this bill), provide for his treatment in the Adult Diagnostic and Treatment Center. The treatment required under the provisions of this section shall include an aftercare program. The aftercare program shall include, but not be limited to, outpatient treatment programs, including individual and group therapy, counseling and, where appropriate, specialized psychological treatment; family involvement programs; community integration programs; and family and group support networking programs.

    Participation in the aftercare program may, at the court's discretion, be a condition of parole or probation.

    b. 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.

    c. If, in the opinion of the commissioner, upon the written recommendation of the Special Classification Review Board continued confinement is not necessary, he shall move before the sentencing court for modification of the sentence originally imposed.

(cf: N.J.S.2C:47-4)

    4. N.J.S.2C:47-5 is amended to read as follows:

    2C:47-5. Parole.

    a. Any person committed to confinement under the terms of this chapter shall be released under parole supervision when it shall appear to the satisfaction of the State Parole Board, after recommendation by a special classification review board appointed by the commissioner that such person is capable of making an acceptable social adjustment in the community.

     b. The Chief Executive Officer of the Adult Diagnostic and Treatment Center shall report in writing at least semiannually to the special classification review board [concerning] . The report shall include an assessment and evaluation by the private entity under contract to provide treatment at the center of the physical and psychological condition of such person with a recommendation as to his continued confinement or consideration for release on parole.

    c. Any person paroled pursuant to this section shall be subject to the provisions of Title 30 of the Revised Statutes governing parole and the regulations promulgated pursuant thereto.

    d. When a person confined under the terms of this chapter has not been paroled in accordance with subsection a. of this section and is scheduled for release, not less than 90 days prior to the date of the person's scheduled release the Chief Executive Officer shall:

    (1) Notify the Attorney General and the prosecutor of the county from which the person was committed of the scheduled release:

    (2) Provide the Attorney General and the county prosecutor with the officer's opinion as to whether the person may be "in need of involuntary commitment" within the meaning of section 2 of P.L.1987, c.116 (C.30:4-27.2); and

    (3) Without regard to classification as confidential pursuant to regulations of the State Parole Board or the Department of Corrections, provide the Attorney General and county prosecutor with all reports, records and assessments relevant to determining whether the person is "in need of involuntary commitment." All information received shall be deemed confidential and shall be disclosed only as provided in section 4 of P.L.1994, c.134 (C.30:4-82.4).

    e. Upon receipt of the notice, advice and information required by subsection d. of this section, the Attorney General or county prosecutor shall proceed as provided in section 4 of P.L.1994, c.134 (C.30:4-82.4).

(cf: P.L.1994, c.134, s.3)

    5. (New section) a. Treatment and aftercare services for persons committed to the Adult Diagnostic and Treatment Center shall be provided by a private entity under contract with the Department of Corrections. Treatment services provided by the private entity shall include, but not be limited to, individual and group therapy and counseling, specialized psychological treatment, and aftercare. Aftercare services shall include, but not be limited to, outpatient treatment programs, including individual and group therapy, counseling and, where appropriate, specialized psychological treatment; family involvement programs; community integration programs; and family and group support networking programs.

    b. The Commissioner of Corrections, after consultation with the Commission of Human Services, shall promulgate rules and regulations to effectuate the purposes of subsection a. of this section. The rules and regulations shall be promulgated in accordance with the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.) and shall include eligibility and qualification requirements for private contractors wishing to provide services pursuant to subsection a. of this section; the nature and scope of the services to be provided; the application procedures for interested contractors, and such other matters as the commissioner shall deem appropriate and necessary.

    6. This act shall take on the first day of the sixth month following enactment, except that the Commissioner of Corrections may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

    This bill provides for the privatization of the treatment programs at the Adult Diagnostic and Treatment Center (ADTC).

    Under the provisions of the bill, the Department of Corrections is directed to enter into a contract with a private entity to provide all the treatment programs for the sex offenders who have been committed to the ADTC.

    In addition to the treatment programs, the private contractor would be responsible for performing the initial court ordered examinations to determine whether a sex offender exhibits a pattern of repetitive, compulsive behavior and, therefore, should be committed to the ADTC for treatment.

    The bill also mandates the development of an aftercare program as part of the ADTC's treatment program. This aftercare program, which is to include outpatient therapy, counseling and, where appropriate, specialized psychological treatment programs; family involvement programs; community integration programs; and family and group support networks, is to be provided by the private contractor. The court may make participation in this aftercare program a condition of parole or probation.

    Finally, the bill directs the Commissioner of Corrections, after consultation with the Commissioner of Human Services, to promulgate all necessary rules and regulations. Those rules and regulations are to include the eligibility and qualification standards for interested parties and the application procedures interested parties are to follow.

Provides for privatization of treatment at ADTC.