Sponsored by:
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
Establishes "Female Incarcerated Person's Rights Protection Act."
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the "Female Incarcerated Person's Rights Protection Act," amending P.L.2019, c.410, and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the Female Incarcerated Person's Rights Protection Act.
2. (New section) a. The Commissioner of Corrections shall establish a gender responsive risk and needs assessment as part of the institutional classification process. The assessment shall be based upon, but not limited to, the following principles:
(1) acknowledging that gender makes a difference;
(2) creating an environment based on safety, respect, and dignity;
(3) developing policies, practices, and programs that are relational and promote healthy connections to children, family, significant others, and the community;
(4) addressing substance use disorders, trauma, and mental health issues through comprehensive, integrated and culturally relevant services and appropriate supervision; and
(5) providing female incarcerated persons with opportunities to improve their socioeconomic conditions including, but not limited to, ensuring that female incarcerated persons are eligible to participate in the same programs and services, established by the commissioner pursuant to R.S.30:4-92, that are available to male incarcerated persons.
b. The commissioner shall establish a system of community supervision and reentry with comprehensive, collaborative services.
c. The commissioner shall prioritize increased direct supervision and oversight by correctional staff in order to identify potential issues and respond proactively before the issues escalate.
d. The commissioner shall institute mandatory in-service training for every correctional police officer that supervises female incarcerated persons regarding gender responsive policies. The commissioner shall ensure that every correctional police officer that supervises female incarcerated persons completes this training annually.
3. (New section) a. There is established in the Department of Corrections the Division of Womens Services. The division shall have all powers necessary or proper to enable it to carry out the divisions duties, functions, and powers under this section. The commissioner shall designate a director of the division and provide appropriate staff to carry out the responsibilities of the division. The division shall develop policies, programs, and services to address:
(1) the specific needs of female incarcerated persons including treatment for physical or sexual abuse or other trauma; parenting issues; and child reunification;
(2) the establishment of a system of structured incentives for female incarcerated persons including, but not limited to, the establishment of:
(a) honors housing;
(b) recreational and group activities;
(c) an advisory group consisting of female incarcerated persons chosen by other female incarcerated persons to act as a liaison between correctional facility administration and the incarcerated persons population;
(3) the implementation of procedures which encourage female incarcerated persons to congregate in common areas rather than in isolated cells; and
(4) any other areas deemed appropriate by the commissioner.
b. Within the Division of Womens Services there is established a Prison Rape Elimination Act (PREA) Compliance Unit. The unit shall be responsible for ensuring the department is in compliance with the federal Prison Rape Elimination Act, 34 U.S.C. s.30301.
The commissioner shall designate a director of the unit and provide appropriate staff to carry out the responsibilities of the unit.
4. (New section) a. The Commissioner of Corrections shall provide doula services to incarcerated females who are pregnant. A person providing doula services shall be permitted to attend and provide assistance during labor and childbirth.
b. The commissioner shall allow an incarcerated female to have a support person present during labor and childbirth.
c. The commissioner shall provide support services to incarcerated mothers including, but not limited to, parenting classes. The incarcerated mother may participate in all prenatal and parenting classes made available by the commissioner.
d. The commissioner shall make parenting classes and family reunification programs available to any incarcerated person in this State who is scheduled to be released from incarceration within six months.
e. As used in this section, doula services means services provided by a trained doula for physical, emotional, or informational support to a pregnant woman before, during, and after the delivery of a child including, but not limited to, support and assistance during labor and childbirth; prenatal and postpartum education; breastfeeding assistance; parenting education; and support in the event that an incarcerated female has been or will become separated from the incarcerated females child.
5. (New section) The Commissioner of Corrections, upon request by an incarcerated person, shall provide any incarcerated person in this State who is scheduled to be released from incarceration within six months:
a. the opportunity to participate in counseling sessions; and
b. resources from approved nonprofit incarcerated person reentry services, including information concerning organizations and programs, whether faith-based or secular, which provide assistance and services to incarcerated persons reentering society after a period of incarceration.
6. a. (New section) There shall be established within the Department of Corrections, under the Special Investigations Division, a special victims unit. The unit shall have all powers necessary or proper to thoroughly investigate allegations of sexual assault or other sexual misconduct in State correctional facilities. The unit shall investigate every allegation of sexual assault or other sexual misconduct in a State correctional facility made by a victim or third party through a verbal, written, telephonic, electronic, or anonymous report in accordance with State and federal law.
b. The unit shall be adequately funded and staffed with the requisite number of investigators with expertise and training necessary to carry out the duties of the unit.
c. Every investigator and supervisor assigned to the special victims unit shall receive ongoing specialized training regarding investigating sexual assault or sexual misconduct allegations, including best practices for conducting gender informed and victim centered investigations.
d. The commissioner shall ensure that there is a confidential interview space in each State correctional facility for reporting sexual assault or sexual misconduct and interviewing victims or witnesses.
e. Every alleged victim shall be treated with dignity and respect and the unit shall ensure confidentiality and safety for the victim.
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