Bill Text: NJ A3683 | 2012-2013 | Regular Session | Introduced
Bill Title: Sets forth procedures for transporting inmates housed in residential community release programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-14 - Introduced, Referred to Assembly Law and Public Safety Committee [A3683 Detail]
Download: New_Jersey-2012-A3683-Introduced.html
Sponsored by:
Assemblyman ALBERT COUTINHO
District 29 (Essex)
SYNOPSIS
Sets forth procedures for transporting inmates housed in residential community release programs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the transportation of inmates and supplementing chapter 4 of Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this act:
"Disciplinary violations" means any of the following acts committed by an inmate after that inmate has been assigned to, and is living at, a residential community release program:
(1) charges by law enforcement authorities for any violation of the law;
(2) charges by a law enforcement officer or evidence of violation of any statute governing the use of a controlled dangerous substance or controlled substance analog;
(3) using or possessing alcohol or a controlled dangerous substance or controlled substance analog;
(4) refusing to engage in the work required by the residential community release program, or to adhere to a program or housing unit assignment;
(5) traveling outside of the jurisdiction of the State of New Jersey;
(6) engaging in sexual acts on the premises of the residential community release program; and
(7) any of the prohibited acts enumerated under Title 10A of the New Jersey Administrative Code which are subject to disciplinary action and sanction by a disciplinary hearing officer or adjustment committee within the Department of Corrections and result in the immediate transfer of an inmate from a residential community release program to a correctional facility within the Department of Corrections; and
"Residential community release program" means an assessment and treatment center, a halfway house, or a substance use disorder treatment program operating under the authority of the Department of Corrections, or any non-profit or for-profit subcontractor thereof that operates a residential community release program under the authority of the Department of Corrections.
b. The Department of Corrections shall be responsible for making the arrangements necessary for the initial transportation of an inmate from a correctional facility to a residential community release program. The initial transportation of an inmate from a correctional facility to the residential community release program shall be provided by a corrections officer or other law enforcement officer.
c. Except as provided under subsection d. of this section, after an inmate has been assigned to, and is living at, a residential community release program, the inmate shall be transported in accordance with internal management procedures established by the residential community release program that are approved by the Department of Corrections.
d. Any inmate who commits a disciplinary violation as defined under subsection a. of this section or who violates the internal rules of the residential community release program and, as a result, is prohibited from leaving the premises of the residential community release program without supervision shall be transported to and from the residential community release program, when necessary, by a corrections officer or other law enforcement officer.
e. The costs of transporting inmates pursuant to this section shall be borne by the residential community release program, including all costs to the department or other law enforcement agency that is expended on the transportation of inmates provided by a corrections officer or other law enforcement officer.
2. This act shall take effect immediately.
STATEMENT
This bill sets forth the procedures for transporting inmates to and from residential community release programs. Under the provisions of the bill, the initial transportation of an inmate from a correctional facility to the residential community release program would be provided by a corrections officer or other law enforcement officer.
After the initial transportation, the bill sets forth separate transportation procedures for inmates who have committed a disciplinary violation while living at the halfway house and, as a result, are prohibited from leaving the premises without supervision. Inmates who have committed a disciplinary violation, and are prohibited from leaving the premises without supervision, are to be transported by a corrections officer or other law enforcement officer. Inmates who have not committed a disciplinary violation may be transported in accordance with internal management procedures established by the residential community release program that are approved by the Department of Corrections.
Finally, the bill provides that the residential community release program is responsible for all costs associated with the transportation of inmates provided under the bill's provisions.
