[First Reprint]

SENATE, No. 710

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 15, 1996

 

 

By Senators CAFIERO, BASSANO, McGreevey and Lipman

 

 

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. 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.

    b. 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 shall conduct at least three public hearings, one each in the northern, central and southern regions of the State, at least one of which shall be held in the county in which the facility is located, to provide an opportunity for the public to submit testimony on the proposed closing, reduction or privatization. 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 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. The commissioner shall compile a report of the testimony received at the hearings for submission to the Governor and the Legislature.

    c. 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.

    d. 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.

 

    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. 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.

    b. 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 shall conduct at least three public hearings, one each in the northern, central and southern regions of the State, at least one of which shall be held in the county in which the facility is located, to provide an opportunity for the public to submit testimony on the proposed closing, reduction or privatization. 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 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. The commissioner shall compile a report of the testimony received at the hearings for submission to the Governor and the Legislature.

    c. 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.

 

    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. 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.

    b. 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 shall conduct at least three public hearings, one each in the northern, central and southern regions of the State, at least one of which shall be held in the county in which the facility is located, to provide an opportunity for the public to submit testimony on the proposed closing, reduction or privatization. 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 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. The Adjutant General shall compile a report of the testimony received at the hearings for submission to the Governor and the Legislature.

    c. 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.

 

    7. This act shall take effect immediately and be retroactive to 1[January 1, 1996] January 1, 1995.1

 

 

 

Requires public hearings and study prior to closing of State human services, correctional and veterans' facilities.