Bill Text: NJ ACR55 | 2010-2011 | Regular Session | Amended

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Bill Title: Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

Spectrum: Slight Partisan Bill (Democrat 8-4)

Status: (Introduced - Dead) 2011-06-13 - Reported out of Assembly Comm. with Amendments, 2nd Reading [ACR55 Detail]

Download: New_Jersey-2010-ACR55-Amended.html

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[First Reprint]

ASSEMBLY CONCURRENT RESOLUTION No. 55

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  DAVID P. RIBLE

District 11 (Monmouth)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

 

Co-Sponsored by:

Assemblywomen Oliver, McHose, Assemblymen Chiusano, Schaer and Coughlin

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on June 13, 2011, with amendments.

  

A Concurrent Resolution proposing to amend Article V, Section IV of the Constitution of New Jersey by adding a new paragraph.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article V, Section IV by adding a new paragraph 7 to read as follows:

     7.    The Legislature is authorized to establish by law a Bureau of Probation in the State Parole Board and to authorize by law the transfer of all the functions, powers, duties, and responsibilities concerning probation, and the probation officers and other professional supervisors, case workers, and case-related employees who perform probation functions, from the Judiciary to the Bureau of Probation.  No term or condition of any existing contract shall be altered or abrogated by this transfer and the transfer shall not affect the status of existing exclusive employee bargaining representatives.  The units and contracts and the contract representatives shall, therefore, be continued in the Bureau of Probation.

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Attorney General, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.  In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b. In every municipality the following question:

 

		AMENDS CONSTITUTION TO AUTHORIZE CREATION OF BUREAU OF PROBATION IN STATE PAROLE BOARD AND TRANSFER 1[OF]1 CERTAIN PROBATION FUNCTIONS AND PROBATION OFFICERS 1[THERETO] TO THE BUREAU1.
	YES	Do you approve the proposed amendment to the New Jersey Constitution authorizing the Legislature to enact a law that would establish a Bureau of Probation in the State Parole Board 1[and transfer] ?  This law would transfer from the Judiciary to the Bureau of Probation1 all of the functions, powers, duties and responsibilities concerning probation 1[,  and] .  It also transfers1 the probation officers and other employees who perform probation-related functions 1[, from the Judiciary to the Bureau of Probation?] .1
		INTERPRETIVE STATEMENT
	NO	Adoption of this amendment 1[would authorize] authorizes1 the Legislature to pass a law to create the Bureau of Probation in the State Parole Board 1[and] .  The law will1 transfer the functions, powers, duties and responsibilities concerning probation 1[, and probation officers and other employees who perform probation-related functions,]1 from the Judiciary to the Bureau of Probation.  1The law also will transfer probation officers and other employees who perform probation-related functions from the Judiciary to the Bureau of Probation.1 The terms and conditions of 1[a]1 existing contracts 1[would] will1 not be altered or abrogated by this transfer 1[and the].  The1 transfer 1[shall] also will1 not affect the status of existing exclusive employee bargaining representatives.