SENATE, No. 804

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senators BUBBA and O'CONNOR

An Act to extend emergency powers with regard to prison overcrowding.

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

    1. The Legislature finds and declares that State prisons and other penal and correctional institutions of the New Jersey Department of Corrections continue to house populations of inmates in excess of their capacities and remain seriously overcrowded. These conditions continue to endanger the safety, welfare, and resources of the State and cannot be handled effectively through regular State and municipal corrections operations. The Legislature therefore declares that the state of emergency in the State prisons and other penal and correctional institutions of the New Jersey Department of Corrections, which was declared pursuant to P.L.1994, c.12, continues. The purpose of this act is to extend the Governor's authority to issue executive orders to alleviate the state of emergency existing in the penal and correctional institutions of the New Jersey Department of Corrections.

    2. There is hereby declared a continuing state of emergency in connection with the overcrowding in State prisons and other penal and correctional institutions of the New Jersey Department of Corrections.

    3. In order to address the effects of the continuing state of emergency declared herein, the Governor is authorized to issue such executive orders pursuant to this act as the Governor deems necessary and appropriate to respond to the overcrowding problem in the State prisons and other penal and correctional institutions of the New Jersey Department of Corrections to ensure the safety, welfare and resources of the residents of the State for such period or periods designated by the Governor, but not to extend beyond the date the Legislature determines the state of emergency no longer exists.

    4. This act shall take effect immediately, and shall remain in effect for a period of time not to exceed two years from the date of enactment, at which time the Legislature may continue the state of emergency for prison crowding by subsequent legislative action.

STATEMENT

    This bill declares a continuing state of emergency in the State prisons and other penal and correctional institutions of the New Jersey Department of Corrections in order to address the overcrowding dilemma. Also, the bill extends the Governor's authority pursuant to P.L.1994, c.12, to issue executive orders to combat the state of emergency existing in the penal and correctional institutions of the New Jersey Department of Corrections.

    State prisons and other penal and correctional institutions of the New Jersey Department of Corrections continue to house populations of inmates in excess of their capacities and remain seriously overcrowded. These conditions tax available State correctional facilities and endanger the safety, welfare, and resources of the State. Prison overcrowding remains a problem despite best efforts to provide greater inmate housing capacities by expansion and construction of new corrections facilities.

    This legislation stems from the New Jersey Supreme Court's decision in County of Gloucester v. State, 132 N.J. 141 (1993), wherein the Supreme Court determined that after April 22, 1994, the Governor could no longer issue executive orders pursuant to the Disaster Control Act, P.L.1942, c.251 (C. App. A:9-33 et al.) to address prison overcrowding.

Extends Governor's emergency powers to address prison overcrowding.