The proposed resolution seeks to amend the New Jersey Constitution to allow the Legislature to create a Bureau of Probation within the State Parole Board. This amendment would transfer all probation-related functions, powers, duties, and responsibilities from the Judiciary to this new Bureau, including the roles of probation officers and other related personnel. Importantly, the amendment stipulates that existing contracts and employee bargaining representatives will remain unchanged, ensuring continuity in employment and contractual obligations.
This initiative follows a 2006 New Jersey Supreme Court ruling that deemed a previous law unconstitutional due to violations of the separation of powers doctrine, which asserted that the Judiciary is responsible for defining the duties of probation officers. By establishing a Bureau of Probation, the resolution aims to clarify the roles and responsibilities of probation officers while maintaining their status as impartial agents rather than law enforcement officers. The proposed amendment will be presented to voters in the next general election after its final agreement.