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, which would include probation officers and other related personnel. Importantly, the resolution stipulates that existing contracts and employee bargaining representatives would remain unchanged, ensuring continuity in employment terms and conditions.
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, asserting that the Judiciary is responsible for defining the roles of probation officers. The proposed amendment aims to clarify and legitimize the structure of probation services within the state, allowing for a more organized approach to probation management while maintaining the integrity of existing contractual agreements. If approved, the amendment will be presented to voters in the next general election.