S2787

An Act concerning inmate education and vocational training, supplementing Title 30 of the Revised Statutes, amending R.S.30:4-92, and repealing Section 3 of P.L.2009, c.330.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. There shall be established in the Department of Corrections a Vocational Training Pilot Program which shall be developed and implemented by the Vocational Training Planning Board established in subsection b. of this section. The pilot program shall provide for vocational training to enhance and supplement the current vocational programming available at a State correctional facility designated by the planning board. When developing the pilot program, the planning board shall endeavor to:

(1) improve upon the facility's most successful vocational programming offerings;

(2) introduce new vocational programming offerings to inmates of the facility; and

(3) provide vocational programming which is consistent with actual post-release employment opportunities and reflects the State’s emerging industry and business workforce needs.

b. There is established the “Vocational Training Planning Board” which shall consist of:

(1) the Commissioner of Corrections, or a designee, ex officio;

(2) the Commissioner of Labor and Workforce Development, or a designee, ex officio;

(3) the Commissioner of Education, or a designee, ex officio;

(4) a representative of the New Jersey Business & Industry Association;

(5) a representative of the New Jersey State Building and Construction Trades Council;

(6) a representative of the New Jersey Council of County Vocational-Technical Schools; and

(7) three public members, one of whom shall be appointed by the President of the Senate, one of whom shall be appointed by the Speaker of the General Assembly, and one of whom shall be appointed by the Governor.

The members of the planning board shall be appointed within 60 days of the effective date of this act and the planning board shall hold its organizational meeting within 60 days of the appointment of all of its members. The public members shall serve for a term of three years from the date of their appointment and until their successors are appointed and qualified; except that of the members first appointed, one shall serve for a term of one year, one shall serve for a term of two years and one shall serve for a term of three years. Vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointments were made. A member of the planning board shall be eligible for reappointment. The members of the planning board shall serve without compensation but may be reimbursed for traveling and other miscellaneous expenses necessary to perform their duties, within the limits of funds made available to the planning board for its purposes. The planning board shall be entitled to call upon the services of any State, county or municipal department, board, commission or agency, as may be available to it for these purposes.

c. The planning board shall be authorized to make changes to inmate classifications and facility use necessary to implement the pilot program at the State correctional facility designated by the board.

d. Only inmates who have more than one year but less than three years remaining to be served before their parole eligibility date shall be eligible to participate in the pilot program.

e. An inmate who is chosen by the planning board to participate in the pilot program shall be entitled to take the supplemental classes in trades, computer literacy courses, and courses for earning a high school equivalency certificate or high school diploma provided pursuant to subsection a. of this section.

f. The planning board shall annually submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C:52:14-19.1), to the President of the Senate and Speaker of the General Assembly a report detailing the progress and results of the pilot program and any recommendations on whether the program should be continued in the designated facility and whether it should be extended to other State correctional facilities.

2. R.S.30:4-92 is amended to read as follows:

30:4-92. The inmates of all correctional and charitable, hospital, relief, and training institutions within the jurisdiction of the [State Board] Commissioner of Corrections shall be employed in [such] productive occupations [as are] consistent with their health, strength, and mental capacity and shall receive [such] compensation [therefor] for this employment as the [State Board] commissioner shall determine.

For the purposes of this section, “productive occupations” shall include all education and workforce skills or vocational training programs made available to inmates in these institutions.

Compensation for inmates of correctional institutions may be in the form of cash or remission of time from sentence or both. [Such remission] Remission from the time of sentence shall not exceed one day for each five days of productive occupation, but remission granted under this section shall in no way affect deductions for good behavior or provided by law.

From moneys paid to inmates of correctional institutions, the superintendent of the institution shall withdraw sufficient moneys, in an amount not to exceed one-third of the inmate's total income, as may be required to pay any assessment, restitution or fine ordered as part of any sentence, and is authorized to withdraw from the remainder of the inmate's total income an amount not to exceed one-third of the total income as may be required to pay costs and fees charged or owing, pursuant to section 2 of P.L.1995, c.254 (C.30:7E-2).

In addition, all inmates classified as minimum security and who are considered sufficiently trustworthy to be employed in honor camps, farms or details shall receive further remission of time from sentence at the rate of three days per month for the first year of [such] employment and five days per month for the second and each subsequent year of [such] employment.

(cf: P.L.1995, c.254, s.10)

3. Section 3 of P.L.2009, c.330 (C.30:4-92a) is repealed.

4. This act shall take effect on the first day of the seventh month after enactment.

STATEMENT

This bill establishes a Vocational Training Pilot Program in the Department of Corrections.

The program established in the bill is to be developed and implemented by a “Vocational Training Planning Board.” The pilot program is to provide for vocational training to enhance and supplement the current vocational programming available at a State correctional facility designated by the planning board. The bill directs the board to: improve upon the facility's most successful vocational programming offerings; introduce new vocational programming offerings to inmates of the facility; and provide vocational programming which is consistent with actual post-release employment opportunities and which reflects the State’s emerging industry and business workforce needs.

The Vocational Training Planning Board is to consist of the Commissioner of Corrections; the Commissioner of Labor and Workforce Development; the Commissioner of Education; a representative of the New Jersey Business & Industry Association; a representative of the New Jersey State Building and Construction Trades Council; a representative of the New Jersey Council of County Vocational-Technical Schools; and three public members. One public member is to be appointed by the President of the Senate, one by the Speaker of the General Assembly, and one by the Governor.

The Vocational Training Planning Board is authorized by the bill to make changes to inmate classifications and facility use necessary to implement the pilot program at the designated State correctional facility. Only inmates who have more than one year but less than three years remaining to be served before their parole eligibility are eligible to participate in the pilot program. An inmate chosen by the planning board to participate in the pilot program is entitled to take these supplemental classes in trades, computer literacy courses, and courses for earning a high school equivalency certificate or high school diploma.

The Vocational Training Planning Board is required to submit a yearly report to the Governor, the President of the Senate, and the Speaker of the General Assembly detailing the progress and results of the Vocational Training Pilot Program and making recommendations on whether the program should be continued in the designated facility and whether it should be extended to other State correctional facilities.

This bill also provides for inmates in State correctional facilities to earn pay or work credits for participating in education and workforce skills training programs similar to the pay and work credits they currently earn for being employed.

Under current law, inmates are compensated for their employment in productive occupations. This compensation can be in the form of cash or remission of time from their sentence, also known as “work credits.” The amount of compensation is determined by the commissioner, but work credits may not exceed one day for each five days of work. One-third of the moneys paid to an inmate is withdrawn for the payment of fines and assessments and another third may be withdrawn to cover the inmate’s medical costs.

This bill specifies that educational and workforce skills or vocational training constitute “productive occupations” and therefore, inmates can earn money or work credits for voluntarily participating in these programs.

The bill also repeals a provision authorizing the commissioner to grant special credits for achievements in education and workforce training. Under the bill, inmates would earn work credits for these achievements.