Sponsored by:
Assemblyman JULIO MARENCO
District 33 (Hudson)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Empowers State Parole Board to refer certain inmates for involuntary commitment evaluation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning procedures for involuntary civil commitment of mentally ill and dangerous sexual offenders and amending P.L.1994, c.134.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1994, c.134 (C.30:4-82.4) is amended to read as follows:
4. a. In order to ensure that adult and juvenile inmates who are dangerous to themselves or others because of mental illness and who are "in need of involuntary commitment" within the meaning of section 2 of P.L.1987, c.116 (C.30:4-27.2) or who are "sexually violent predators" within the meaning of section 3 of P.L.1998, c.71 (C.30:4-27.26), are not released without appropriate supervision and treatment, [the board,] the Commissioner of the Department of Corrections, the Attorney General, the State Parole Board, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) and county prosecutors shall follow the procedures set forth in this section.
b. When an adult or juvenile inmate is scheduled for release due to expiration of the inmate's maximum term, or upon otherwise becoming eligible for parole, pursuant to sections 7 through 9 of P.L.1979, c.441 (C.30:4-123.51, C.30:4-123.52, and C.30:4-123.53) or section 4 of P.L.2019, c.364 (C.30:4-123.55d), the State Parole Board, commissioner, or the Juvenile Justice Commission shall notify the Attorney General and the prosecutor of the county from which the person was committed if:
(1) The adult inmate's term includes a sentence imposed for conviction of aggravated sexual assault, sexual assault or aggravated criminal sexual contact and the court imposing sentence found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior;
(2) The [parole board]State Parole Board or the superintendent of the facility in which the inmate has been confined has advised the commissioner or the Juvenile Justice Commission that the conduct of the inmate during the period of confinement, the inmate's mental condition or the inmate's past history indicates that the inmate may be "in need of involuntary commitment" within the meaning of section 2 of P.L.1987, c.116 (C.30:4-27.2); or
(3) The inmate's term includes a sentence imposed for conviction of a "sexually violent offense" as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26).
c. Notice required by subsection b. shall be given no less than 90 days before the date on which the inmate's maximum term is scheduled to expire[,] or the date on which the inmate would otherwise become eligible for parole.
d. When such notice is given, [the board,] the Juvenile Justice Commission, the State Parole Board, or the commissioner shall provide the Attorney General and county prosecutor with all information relevant to a determination of whether the inmate may be "in need of involuntary commitment" or may be a "sexually violent predator", including, without regard to classification as confidential pursuant to regulations [of the board,] of the Department of Corrections, of the State Parole Board, or the Juvenile Justice Commission, any preparole report, psychological and medical records, any statement of the reasons for denial of parole and, if applicable, a statement of the reasons for the determination that the inmate may be "in need of involuntary commitment" or may be a "sexually violent predator".
e. If the Attorney General or county prosecutor determines, on the basis of the information provided pursuant to this section or N.J.S.2C:47-5, that the inmate may be "in need of involuntary commitment" or may be a "sexually violent predator", the Commissioner of Corrections, the State Parole Board, or the Juvenile Justice Commission, upon request of the Attorney General or county prosecutor shall:
(1) Permit persons qualified to execute clinical certificates necessary for civil commitment to examine the inmate in the institution in which he is confined; or
(2) Pursuant to section 2 of P.L.1986, c.71 (C.30:4-82.2), arrange for persons qualified to execute clinical certificates necessary for civil commitment to examine the inmate.
f. In the interests of the public safety and the well-being of the inmate, the Attorney General or county prosecutor may exercise discretion to obtain an assessment of the inmate's condition by one or more of the means set forth in subsection e. of this section.
g. The Attorney General or county prosecutor shall provide a psychiatrist or physician assessing or examining an inmate pursuant to this section with all information relevant to the inmate's need of involuntary commitment, including information concerning the inmate's condition, history, recent behavior and any recent act or threat. Any person who assesses or examines an inmate pursuant to this section shall provide the Attorney General and county prosecutor with a written report detailing the person's findings and conclusions.
h. (1) All information, documents and records concerning the inmate's mental condition or classified as confidential pursuant to regulations [of the board,] of the Department of Corrections, of the State Parole Board, or the Juvenile Justice Commission that are received or provided pursuant to this section or N.J.S.2C:47-5 shall be deemed confidential.
(2) Unless authorized or required by court order or except as required in the course of judicial proceedings relating to the inmate's commitment or release, disclosure of such information, documents and records shall be limited to professionals evaluating the inmate's condition pursuant to this section, the Attorney General, county prosecutor and members of their respective staffs as necessary to the performance of duties imposed pursuant to this section.
i. Any person acting in good faith who has provided information relevant to an inmate's need of involuntary commitment or as to whether the inmate is a sexually violent predator or has taken good faith steps to assess an inmate's need of involuntary commitment or whether the inmate is a sexually violent predator is immune from civil and criminal liability.
(cf: P.L.1998, c.71, s.17)
2. This act shall take effect immediately.
STATEMENT