New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1973 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	ASSEMBLY, No. 1973 STATE OF NEW JERSEY 220th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
2	2
3	3	ASSEMBLY, No. 1973
4	4
5	5
6	6
7	7	STATE OF NEW JERSEY
8	8
9	9	220th LEGISLATURE
10	10
11	11
12	12
13	13	PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
14	14
15	15
16	16
17	17	Sponsored by: Assemblyman RAJ MUKHERJI District 33 (Hudson) Assemblywoman CLEOPATRA G. TUCKER District 28 (Essex) Co-Sponsored by: Assemblywomen Lopez, Murphy, Timberlake and Lampitt SYNOPSIS Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel.
18	18
19	19
20	20
21	21	Sponsored by:
22	22
23	23	Assemblyman RAJ MUKHERJI
24	24
25	25	District 33 (Hudson)
26	26
27	27	Assemblywoman CLEOPATRA G. TUCKER
28	28
29	29	District 28 (Essex)
30	30
31	31
32	32
33	33	Co-Sponsored by:
34	34
35	35	Assemblywomen Lopez, Murphy, Timberlake and Lampitt
36	36
37	37
38	38
39	39
40	40
41	41
42	42
43	43
44	44
45	45	SYNOPSIS
46	46
47	47	Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse.
48	48
49	49
50	50
51	51	CURRENT VERSION OF TEXT
52	52
53	53	Introduced Pending Technical Review by Legislative Counsel.
54	54
55	55
56	56
57	57	An Act prohibiting retaliation against inmates in State correctional facilities who report sexual abuse and supplementing Title 30 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. The Commissioner of Corrections shall establish a secure, reliable, and confidential method for inmates incarcerated in a State correctional facility to report complaints of sexual assault or harassment, physical violence, and mental abuse by correctional police officers and civilian staff members. The commissioner shall ensure that: (1) a fee shall not be charged to report these complaints; (2) there shall be an option for the inmate filing the complaint to remain anonymous; (3) an inmate with limited English speaking skills shall be provided an opportunity to file a complaint in the inmate's native language; and (4) inmates shall be clearly informed that the method of reporting is strictly confidential. b. Inmates in the facility shall be provided with clear and accurate information on how to file a confidential complaint of sexual assault or harassment, physical violence, and verbal abuse pursuant to this section and how to directly file a complaint with the facility's Special Investigations Division. c. The commissioner shall prohibit any punitive measures from being taken against an inmate who files a complaint of sexual assault or harassment, physical violence, and mental abuse. This shall include, but not be limited to: (1) transferring the inmate to any administrative segregation or close custody unit which is used to house inmates for disciplinary infractions; (2) transferring the inmate to temporary close custody which is used to house inmates for non-punitive reasons; (3) changing the inmate's job assignment. d. An inmate who files a complaint of sexual assault or harassment, physical violence, and verbal abuse shall be offered the services of a victim advocate who is not affiliated with the facility with expertise in providing emotional support services related to the sexual assault or harassment, physical violence, and mental abuse. e. The commissioner shall institute policies and procedures to monitor retaliation by any correctional police officer or civilian staff member against an inmate who files a complaint alleging sexual assault or harassment, physical violence, or mental abuse. These policies and procedures shall comply with the standards set forth in the federal Prison Rape Elimination Act (42 U.S.C. s.15601 et seq.). f. For the purposes of this section: "Job" means a work position, or an educational, vocational, or treatment program that the Department of Corrections assigns and designates as a job. "Temporary close custody" means the non-punitive removal of an inmate from the inmate general population or other assigned housing and restricting the inmate to the inmate's cell or a close custody unit for special observation or investigation for a period not to exceed 72 hours, unless information or evidence warrants an extension beyond 72 hours and the extension is approved by the appropriate supervisor. 2. A correctional police officer or civilian staff member of a State correctional facility is guilty of a crime of the fourth degree if the officer or staff member: a. retaliates against an inmate who files a complaint of sexual assault or harassment, physical violence, or mental abuse pursuant to the provisions of section 1 of P.L. c. (C. ) (pending before the Legislature as this bill); or b. fails to report to the appropriate supervisor any known or suspected, or any evidence or information pertaining to, sexual assault or harassment, physical violence, or mental abuse of an inmate by another officer or staff member. c. For the purposes of this section, "retaliation" means any act by a correctional police officer or other corrections employee aimed at an inmate in order to punish the inmate for having reported abuse or in order to keep the inmate from reporting abuse and includes, but is not limited to, verbal harassment, intimidation, loss of personal effects, abusive pat-frisks, and sexual assault. 3. This act shall take effect on the first day of the fourth month next following enactment. STATEMENT This bill prohibits retaliation against inmates in State correctional facilities who file a complaint of sexual assault or harassment, physical violence, or mental abuse against a corrections officer or other staff member of the facility. The bill specifically requires the Commissioner of Corrections to establish a secure, reliable, and confidential method for inmates incarcerated in State correctional facilities to report these complaints. A fee cannot be charged to file the complaint and the inmate is to have the option of remaining anonymous. Inmates are to be given the opportunity to file a complaint in their native language. Inmates are to be clearly informed on how to file a confidential complaint, including how to file a complaint with the facility's Special Investigations Division, and that the reporting of the complaint is strictly confidential. The bill requires the commissioner to prohibit any punitive measures from being taken against an inmate who files a complaint of sexual assault or harassment, physical violence, and mental abuse. This includes prohibiting the inmate's transfer to administrative segregation and temporary close custody. An inmate's job assignment also is not to be changed. Inmates are to be offered the services of a victim advocate not affiliated with the facility who has expertise in providing emotional support services. The bill requires the commissioner to institute policies and procedures to monitor retaliation by corrections officers and civilian staff members against an inmate who files a complaint. Finally, the bill establishes that it is a fourth degree crime for a corrections officer or civilian staff member to retaliate against an inmate who files a complaint. It is also a fourth degree crime for an officer or staff member to fail to report to the appropriate supervisor any known or suspected, or any evidence or information pertaining to, sexual assault or harassment, physical violence, or mental abuse of an inmate by another officer or staff member. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
58	58
59	59	An Act prohibiting retaliation against inmates in State correctional facilities who report sexual abuse and supplementing Title 30 of the Revised Statutes.
60	60
61	61
62	62
63	63	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
64	64
65	65
66	66
67	67	1. a. The Commissioner of Corrections shall establish a secure, reliable, and confidential method for inmates incarcerated in a State correctional facility to report complaints of sexual assault or harassment, physical violence, and mental abuse by correctional police officers and civilian staff members. The commissioner shall ensure that:
68	68
69	69	(1) a fee shall not be charged to report these complaints;
70	70
71	71	(2) there shall be an option for the inmate filing the complaint to remain anonymous;
72	72
73	73	(3) an inmate with limited English speaking skills shall be provided an opportunity to file a complaint in the inmate's native language; and
74	74
75	75	(4) inmates shall be clearly informed that the method of reporting is strictly confidential.
76	76
77	77	b. Inmates in the facility shall be provided with clear and accurate information on how to file a confidential complaint of sexual assault or harassment, physical violence, and verbal abuse pursuant to this section and how to directly file a complaint with the facility's Special Investigations Division.
78	78
79	79	c. The commissioner shall prohibit any punitive measures from being taken against an inmate who files a complaint of sexual assault or harassment, physical violence, and mental abuse. This shall include, but not be limited to:
80	80
81	81	(1) transferring the inmate to any administrative segregation or close custody unit which is used to house inmates for disciplinary infractions;
82	82
83	83	(2) transferring the inmate to temporary close custody which is used to house inmates for non-punitive reasons;
84	84
85	85	(3) changing the inmate's job assignment.
86	86
87	87	d. An inmate who files a complaint of sexual assault or harassment, physical violence, and verbal abuse shall be offered the services of a victim advocate who is not affiliated with the facility with expertise in providing emotional support services related to the sexual assault or harassment, physical violence, and mental abuse.
88	88
89	89	e. The commissioner shall institute policies and procedures to monitor retaliation by any correctional police officer or civilian staff member against an inmate who files a complaint alleging sexual assault or harassment, physical violence, or mental abuse. These policies and procedures shall comply with the standards set forth in the federal Prison Rape Elimination Act (42 U.S.C. s.15601 et seq.).
90	90
91	91	f. For the purposes of this section:
92	92
93	93	"Job" means a work position, or an educational, vocational, or treatment program that the Department of Corrections assigns and designates as a job.
94	94
95	95	"Temporary close custody" means the non-punitive removal of an inmate from the inmate general population or other assigned housing and restricting the inmate to the inmate's cell or a close custody unit for special observation or investigation for a period not to exceed 72 hours, unless information or evidence warrants an extension beyond 72 hours and the extension is approved by the appropriate supervisor.
96	96
97	97
98	98
99	99	2. A correctional police officer or civilian staff member of a State correctional facility is guilty of a crime of the fourth degree if the officer or staff member:
100	100
101	101	a. retaliates against an inmate who files a complaint of sexual assault or harassment, physical violence, or mental abuse pursuant to the provisions of section 1 of P.L. c. (C. ) (pending before the Legislature as this bill); or
102	102
103	103	b. fails to report to the appropriate supervisor any known or suspected, or any evidence or information pertaining to, sexual assault or harassment, physical violence, or mental abuse of an inmate by another officer or staff member.
104	104
105	105	c. For the purposes of this section, "retaliation" means any act by a correctional police officer or other corrections employee aimed at an inmate in order to punish the inmate for having reported abuse or in order to keep the inmate from reporting abuse and includes, but is not limited to, verbal harassment, intimidation, loss of personal effects, abusive pat-frisks, and sexual assault.
106	106
107	107
108	108
109	109	3. This act shall take effect on the first day of the fourth month next following enactment.
110	110
111	111
112	112
113	113
114	114
115	115	STATEMENT
116	116
117	117
118	118
119	119	This bill prohibits retaliation against inmates in State correctional facilities who file a complaint of sexual assault or harassment, physical violence, or mental abuse against a corrections officer or other staff member of the facility.
120	120
121	121	The bill specifically requires the Commissioner of Corrections to establish a secure, reliable, and confidential method for inmates incarcerated in State correctional facilities to report these complaints. A fee cannot be charged to file the complaint and the inmate is to have the option of remaining anonymous. Inmates are to be given the opportunity to file a complaint in their native language. Inmates are to be clearly informed on how to file a confidential complaint, including how to file a complaint with the facility's Special Investigations Division, and that the reporting of the complaint is strictly confidential.
122	122
123	123	The bill requires the commissioner to prohibit any punitive measures from being taken against an inmate who files a complaint of sexual assault or harassment, physical violence, and mental abuse. This includes prohibiting the inmate's transfer to administrative segregation and temporary close custody. An inmate's job assignment also is not to be changed.
124	124
125	125	Inmates are to be offered the services of a victim advocate not affiliated with the facility who has expertise in providing emotional support services.
126	126
127	127	The bill requires the commissioner to institute policies and procedures to monitor retaliation by corrections officers and civilian staff members against an inmate who files a complaint.
128	128
129	129	Finally, the bill establishes that it is a fourth degree crime for a corrections officer or civilian staff member to retaliate against an inmate who files a complaint. It is also a fourth degree crime for an officer or staff member to fail to report to the appropriate supervisor any known or suspected, or any evidence or information pertaining to, sexual assault or harassment, physical violence, or mental abuse of an inmate by another officer or staff member. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.