Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Establishes the Female Inmates Rights Protection Act.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Female Inmates Rights Protection Act, amending P.L.1977, c.102, 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 Inmates Rights Protection Act.
2. (New section) a. The Commissioner of Corrections shall ensure that any prohibited acts that subject an inmate to disciplinary actions or sanctions are gender appropriate and shall establish separate prohibited acts for male and female inmates.
b. The commissioner shall implement gender appropriate disciplinary actions and sanctions for any prohibited acts committed by an inmate.
c. The commissioner shall establish the prohibited acts and implement the disciplinary actions and sanctions for prohibited acts pursuant to subsections a. and b. of this section based upon 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;
(5) providing women with opportunities to improve their socioeconomic conditions; and
(6) establishing a system of community supervision and reentry with comprehensive, collaborative services.
d. The commissioner shall annually submit a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), providing a summary of all disciplinary actions and sanctions imposed on inmates, which shall contain each inmate s gender.
e. The commissioner shall institute mandatory in-service training for every correctional police officer assigned to the Edna Mahan Correctional Facility for Women regarding gender responsive policies. The commissioner shall ensure that every newly appointed correctional police officer completes the training upon assignment to the facility and every correctional police officer currently assigned to the facility completes the training within two years of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. (New section) a. The Commissioner of Corrections shall establish a nursery program allowing newborn children to remain with their incarcerated mothers if the female inmate gave birth to the child while incarcerated in a State correctional facility.
b. A female inmate shall not be eligible for the nursery program if:
(1) the inmate has been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for any crime enumerated under section 2 of P.L.1997, c.117 (C.2C:43-7.2);
(2) a search conducted by the Division of Child Protection and Permanency in the Department of Children and Families of its child abuse registry, at the request of the commissioner, reveals that an incident of child abuse or neglect has been substantiated by the division against the inmate;
(3) the inmate has outstanding warrants;
(4) the inmate has committed any prohibited act required to be reported to the prosecutor pursuant to regulations promulgated by the Commissioner of Corrections during the current period of incarceration, or has committed any serious disciplinary infraction, designated in regulations promulgated by the commissioner as a prohibited act that is considered to be the most serious and results in the most severe sanctions, within the previous two years;
(5) the inmate has been previously convicted of, adjudicated delinquent for, or is currently serving a sentence imposed for a crime committed against a person under the age of 16; or
(6) there is evidence of the use of a controlled dangerous substance as defined in N.J.S.2C:35-2 during the inmate s pregnancy.
c. An inmate that is eligible to participate in the program shall be transferred to a residential community release program while participating in the program.
d. Unless there is a court order regarding child custody providing otherwise, a child in the program shall remain with the child s mother in the residential community release program until the child is two years of age or the inmate is released, whichever occurs sooner.
e. The commissioner shall provide support services for female inmates participating in the program including, but not limited to, parenting classes. The inmate shall participate in all available prenatal and parenting classes.
f. Prior to being admitted into the program, an inmate shall submit to a mental health evaluation by a psychologist or psychiatrist licensed in New Jersey, who, based upon the evaluation, shall make a recommendation to the commissioner regarding the inmate s participation in the program.
g. The commissioner shall provide accommodations for parenting time with the child s other parent as agreed upon by the inmate and the child s other parent or in accordance with a court order.
h. The commissioner shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations governing the nursery program established in this section.
4. (New section) a. The Commissioner of Corrections shall provide doula services to inmates 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 inmate to have a support person present during labor and childbirth.
c. 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; b