SENATE, No. 1238
STATE OF NEW JERSEY
INTRODUCED JUNE 3, 1996
By Senators BENNETT and McGREEVEY
An Act concerning work assignments among certain inmates in State correctional institutions, amending P.L.1976, c.98 and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A continuous goal of the department shall be for all inmates in adult correctional institutions, consistent with their health, strength and mental capacity, to work at least 40 hours a week. Time spent at work release or in academic or vocational training or other rehabilitation programs shall be credited toward the weekly work objective. Work under this act shall be subject to the compensation and payment requirements of R.S.30:4-92 and the employment limitations of R.S.30:4-99. Until this goal, designed to reduce inmate idleness, can be realized, the department shall maximize the utilization of inmates within existing resources.
2. Section 6 of P.L.1976, c.98 (C.30:1B-6) is amended to read as follows:
6. The commissioner, as administrator and chief executive officer of the department, shall:
a. Administer the work of the department;
b. Appoint and remove officers and other personnel employed within the department, subject to the provisions of Title 11 of the Revised Statutes, Civil Service, and other applicable statutes, except as herein otherwise specifically provided;
c. Perform, exercise and discharge the functions, powers and duties of the department through such divisions as may be established by this act or otherwise by law;
d. Organize the work of the department in such divisions, not inconsistent with the provisions of this act, and in such bureaus and other organizational units as he may determine to be necessary for efficient and effective operation;
e. Formulate, adopt, issue and promulgate, in the name of the department such rules and regulations for the efficient conduct of the work and general administration of the department, the institutions or noninstitutional agencies within its jurisdiction, its officers and employees as may be authorized by law;
f. Determine all matters relating to the unified and continuous development of the institutions and noninstitutional agencies within his jurisdiction;
g. Determine all matters of policy and regulate the administration of the institutions or noninstitutional agencies within his jurisdiction, correct and adjust the same so that each shall function as an integral part of a general system. The rules, regulations, orders and directions promulgated by the commissioner for this purpose shall be accepted and enforced by the executive having charge of any institution or group of institutions or noninstitutional agencies or any phase of the work within the jurisdiction of the department;
h. Institute or cause to be instituted such legal proceedings or processes as may be necessary to enforce properly and give effect to any of his powers or duties; for the purpose of any such investigation, he may cause to be examined under oath any and all persons whatsoever and compel by subpena the attendance of witnesses and the production of such books, records, accounts, papers and other documents as are appropriate. If a witness fails without good cause to attend, testify or produce such records or documents as are directed in the subpena, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons or subpena issued from a court of record in this State;
i. Make a report in each year to the Governor and to the Legislature of the department's operations for the preceding fiscal year, and render such other reports as the Governor shall from time to time request or as may be required by law;
j. Appoint such advisory committees as may be desirable to advise and assist the department or a division in carrying out its functions and duties;
k. Maintain suitable headquarters for the department and such other quarters as he shall deem necessary to the proper functioning of the department;
l. Develop and from time to time revise and maintain a comprehensive master plan for the State's correctional system which shall indicate, among other things, the department's goals, objectives, resources and needs;
m. Promote the development of alternatives to conventional incarceration for those offenders who can be dealt with more effectively in less restrictive, community-based facilities;
n. (Deleted by amendment, P.L.1995, c.280);
o. Promote a unified criminal justice system, including the integration of State and local correctional programs and probation and parole services;
p. Provide for the timely and efficient collection and analysis of data regarding the correctional system to insure the continuing review and evaluation of correctional services, policies and procedures; [and]
q. Perform such other functions as may be prescribed in this act or by any other law;
r. Establish and implement the requirement that inmates in adult correctional institutions perform at least 40 hours of faithful labor each week pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as this bill).
(cf: P.L.1995, c.280, s.28)
3. This act shall take effect immediately .
STATEMENT
This bill would require the establishment of a new goal for the Department of Corrections that would ultimately mean a 40 hour workweek for most adult inmates. The objective would be for inmates who are of sufficient health, strength, and mental capacity to work at least five and up to six days a week, as prescribed by Department of Corrections rules and regulations. Since the primary purpose of the bill is to reduce inmate idleness, time spent in other worthwhile pursuits, within or outside of the prison walls, would count toward the weekly work requirements.
Until the 40 hour minimum workweek goal is reached, the bill requires the department to maximize the utilization of inmates within existing resources.
Establishes DOC goal of requiring 40 hour work week for certain State inmates.