SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 985

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 9, 1996

      The Senate Law and Public Safety Committee reports favorably Senate Bill No. 985 with committee amendments.

      This bill requires that local governments be compensated at a per diem rate established by law when State inmates are housed in local governmental facilities. The bill further provides that a local governmental unit must receive reasonable compensation whenever the State excercises emergency powers pursuant to P.L.1969, c.22 (C.30:4-91.2), P.L.1994, c.12 or P.L.1996, c.9, that entail the use and operation of a local governmental facility in addition to the placement of State inmates at that local governmental facility.

      The bill establishes a minimum rate that must be paid by the State when it takes over the operation of a facility previously leased by the State from a local governmental unit pursuant to the State's statutory emergency powers concerning the housing of inmates. For any State use of the local governmental facility on and after January 1, 1995, this minimum rate 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.

      The committee amendment is technical in nature. It inserts a reference to the recently enacted P.L.1996, c.9, which permitted the Governor to issue an executive order to designate places of confinement for State-sentenced inmates.