Sponsored by:
Assemblyman JULIO MARENCO
District 33 (Hudson)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblywoman CARMEN THERESA MORALES
District 34 (Essex)
SYNOPSIS
Changes term inmate to incarcerated person.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the term inmate and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.2013, c.274 (2A:12-5.3) is amended to read as follows:
7. The Administrative Office of the Courts shall compile and provide to the Department of Labor and Workforce Development and the Department of Human Services identifying information on each [inmate] incarcerated person in each county and local institution in each county which provides [inmate incarceration] information concerning incarcerated persons to the Administrative Office of the Courts, and any county which does not provide that information to the Administrative Office of the Courts shall provide the information to the Department of Labor and Workforce Development and the Department of Human Services. The information shall be transmitted electronically in a timely manner and shall provide identifying characteristics, including name and Social Security number, to be used by the Department of Labor and Workforce Development and the Department of Human Services to verify individuals eligibility for benefit programs administered by each department.
(cf: P.L.2013, c.274, s.7)
2. N.J.S.2A:67-12 is amended to read as follows:
Upon the issuance of a writ by any court of competent jurisdiction of the United States or of another state, requiring the production before it of any [prisoner or inmate of] incarcerated person in a penal or correctional institution in the state of New Jersey, as a witness in a criminal case or for prosecution as a defendant charged with crime, the keeper or person in charge of such institution, with the consent and approval of the attorney general, upon such conditions as the attorney general shall prescribe, shall produce or cause to be produced the [inmate or prisoner] incarcerated person according to the requirements of said writ. The attorney general shall require the return of the [prisoner or inmate] incarcerated person to the institution from which taken, immediately upon the conclusion of such prosecution or testimony, and shall require the authorities of the demanding jurisdiction to pay or indemnify the keeper or person in charge of such institution for all expenses incurred. He shall decline to honor such writs when in his opinion the same would not be in the furtherance of justice.
(cf: N.J.S.2A:67-12)
3. Section 5 of P.L.1979, c.488 (C.2A:84A-21.13) is amended to read as follows:
5. Nothing contained in this act shall be construed to limit the right of the Department of Corrections to search the offices of [inmate] incarcerated persons newspapers or the public information offices of any [inmate] incarcerated persons organization located within a correctional facility.
(cf: P. L.1979, c.488, s.5)
4. Section 5 of P.L1967, c.43 (C.2A:158A-5) is amended to read as follows:
5. It shall be the duty of the Public Defender to provide for the legal representation of any indigent defendant who is formally charged with the commission of an indictable offense without expense to the defendant.
All necessary services and facilities of representation (including investigation and other preparation) shall be provided in every case. The factors of need and real value to a defense may be weighed against the financial constraints of the Public Defender's office in determining what are the necessary services and facilities of representation.
Representation as herein provided for shall include any direct appeal from conviction and such post-conviction proceedings as would warrant the assignment of counsel pursuant to the court rules.
Representation for indigent defendants (a) may be provided in any federal court in any matter arising out of or relating to an action pending or recently pending in a court of criminal jurisdiction of this State and (b) may be provided in any federal court in this State where indigent defendants are charged with the commission of a federal criminal offense and where the representation is under a plan adopted pursuant to the Criminal Justice Act of 1964 (18 U.S.C. s. 3006A).
The Public Defender also shall provide for the legal representation of any eligible [inmate] incarcerated person who is serving a custodial prison sentence and requests assistance in petitioning the Superior Court for compassionate release in accordance with section 1 of P.L.2020, c.106 (C.30:4-123.51e).
(cf: P.L.2023, c.69,