S1640

An Act providing for the closure of the Adult Diagnostic and Treatment Center at Avenel and providing for its submission to the legal voters of the State for their approval or rejection before it shall become operative.

1. The Legislature finds that the Adult Diagnostic and Treatment Center (ADTC) at Avenel, which opened in 1976 as one of the first correctional facilities in the United States for the treatment of convicted sexual predators and which, at that time, was regarded as a model facility, has nevertheless twenty years later become an overcrowded, inadequate facility that represents the worst of two worlds, neither punishing nor rehabilitating. Most ADTC inmates serve their full sentence because they do not meet the legal standard for parole and then are released with no supervision into an unsuspecting community.

The Legislature further finds that there has been a recent rash of brutal sexual assaults and murders allegedly committed by those with records of sexual offenses in the past; among the victims of these predators were Amanda Wengert, Latasha Goodman, Divina Genao and Megan Kanka and their grieving families and friends.

The Legislature further finds that there is a significant lack of reliable evidence upon which to safely conclude that adult sex offenders can be successfully treated. Recognizing this fact, other states have discontinued treatment and closed special facilities for sex offenders. In fact, the ADTC itself has conducted no recidivism studies, making it impossible to assess whether its program has had any positive impact.

The Legislature further finds that other correctional institutions can house convicted sex offenders, segregating them in order to provide such specialized services as are deemed necessary, all at a substantially reduced cost. The savings produced thereby would be better committed to treatment of juvenile sex offenders who, evidence indicates, more likely would be benefited.

The Legislature hereby declares that the ADTC is a failed social experiment that has produced little more than a false sense of security that has wasted millions of taxpayer dollars, and is a system that is broken beyond repair.

Therefore, it is not only altogether fitting and proper but also necessary to require the Commissioner of Corrections to provide for the closure of this wasteful facility after public approval of such closure, and to commit the cost savings to the treatment of juvenile sex offenders.

2. Immediately upon approval of the public question provided for hereafter, the Commissioner of Corrections shall provide for the termination of the Adult Diagnostic and Treatment Center as a facility for the incarceration and treatment of compulsive, repetitive sex offenders by attrition of its inmates. The commissioner may remove inmates through parole, release at the expiration of maximum sentence or transfer to other correctional facilities as provided under current law. The commissioner shall not assign sex offenders convicted after the effective date of this section to the Adult Diagnostic and Treatment Center. The cost savings realized by the closure of the Adult Diagnostic and Treatment Center shall be allocated to the treatment of juvenile sex offenders.

3. The public question as set forth in section 4 of this act shall be submitted to the people for their approval or rejection at the next general election to be held following the date of the passage of this act. The question shall be submitted in the manner provided by this act and by Title 19 of the Revised Statutes.

4. There shall be printed on each official ballot to be used at such election the following:

If you favor making the act described below operative within the State make a cross (X), plus (+) or check (•) in the square opposite the word 'Yes.' If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word 'No.'

If voting machines are used, a vote of "Yes" or "No" shall be the equivalent to the markings, respectively.

		CLOSURE OF THE ADULT DIAGNOSTIC AND TREATMENT CENTER AT AVENEL
	YES	Shall chapter of the laws of 1996, the "Sex Offender Accountability Referendum," requiring the closure of the Adult Diagnostic and Treatment Center at Avenel through attrition of the inmate population, and allocating the cost savings from that closure to the treatment of juvenile sex offenders, be approved?
		INTERPRETIVE STATEMENT
	NO	This proposed law would require the Commissioner of Corrections to terminate the operations of the Adult Diagnostic and Treatment Center at Avenel, the State's correctional institution for compulsive, repetitive sex offenders, by attrition of the inmate population. The commissioner could remove inmates through parole, expiration of maximum sentence or transfer to other correctional institutions where they would be housed with the general inmate population. The cost savings realized would be used for the treatment of juvenile sex offenders.

The chapter number assigned to this act shall be inserted in the appropriate place in the foregoing question.

In any election district in which voting machines are used, the question shall be placed upon the official ballot to be used upon the voting machines with the foregoing instructions to the voters but with instructions to vote "Yes" or "No" by the use of such machines without marking as aforesaid.

5. This act shall take effect immediately and section 2 shall remain inoperative until approved by the voters of this State as provided in sections 3 and 4.

This bill submits to the voters for their approval a law requiring the Commissioner of Corrections to close the Adult Diagnostic and Treatment Center (ADTC) at Avenel through attrition. The commissioner would be authorized to remove inmates through parole, expiration of maximum sentence or transfer to another correctional institution. All sex offenders thereafter would be housed with the general inmate population. The costs savings realized by the closure of the ADTC would be used for the treatment of juvenile sex offenders. The closure would not become effective unless it is approved by the voters.