SENATE, No. 985

STATE OF NEW JERSEY

INTRODUCED MARCH 18, 1996

By Senator O'CONNOR

An Act concerning reimbursement for State use of certain local facilities and supplementing Title 30 of the Revised Statutes.

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

    1. When State inmates are housed in facilities owned and operated by a local governmental unit, compensation shall be afforded at a per diem rate to be established in accordance with law. Whenever an exercise of emergency powers pursuant to P.L.1969, c.22 (C.30:4-91.2), P.L.1994, c.12 or P.L. , c. (now pending before the Legislature as Senate Bill No. 804 and Assembly Bill No. 1151 of 1996), entails the use and operation by the State of a facility owned by a local governmental unit in addition to the placement of State inmates at a facility operated by that local governmental unit, such governmental unit shall receive reasonable compensation for the use of that property or facility. In any instance where the commissioner exercises or has exercised his emergency powers under P.L. , c. (now pending before the Legislature as Senate Bill No. 804 and Assembly Bill No. 1151 of 1996) or its predecessor, P.L.1994, c.12, by assuming direct control and operation of a facility previously leased by the State from a local governmental unit, the commissioner shall compensate the local governmental unit for the State's use, on and after January 1, 1995, at a rate of not less than 75 percent of the lease or use rate previously agreed to by the State and the local governmental unit prior to the commissioner 's exercise of emergency powers.

    2. This act shall take effect immediately.

STATEMENT

    This bill requires that local governments be compensated at a per diem rate established by law when State prisoners are housed in local governmental facilities. The bill further establishes a minimum rate that must be paid by the State when it takes over operation of a facility owned by a local governmental unit pursuant to the State's statutory emergency powers concerning the housing of prisoners. This minimum is set at 75 percent of the lease or use rate agreed upon by the State and the local governmental unit prior to the State's exercise of its emergency powers.

Sets minimum rate for State use of certain local correction facilities.