S4010

An Act establishing the “New Jersey Task Force on the Role of the Judicial Branch in Addressing Abuse of Older Adults or Disabled Persons.”

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

1. a. There is established the “New Jersey Task Force on the Role of the Judicial Branch in Addressing Abuse of Older Adults or Disabled Persons.” The task force shall: (1) expand on the findings of the 2018 New Jersey Task Force on Abuse of Persons who are Elderly or Disabled Report concerning updating the framework upon which our response to elder and disability abuse rests by examining current statutes and laws that are intended to protect older adults and persons with disabilities from instances of abuse, neglect, crime and financial exploitation, including but not limited to criminal statutes that identify and punish those who commit crimes involving this population, including but not limited to N.J.S.A.2C:24-8, and statutes governing Powers of Attorney; and, (2) develop recommendations for legislation, policies, and strategies that would provide a more effective and efficient means by which to protect older adults and persons with disabilities from instances of abuse, neglect, crime and financial exploitation including options that would constitute an alternative to criminal prosecution.

b. The task force shall consist of 17 members as follows: the Chief Justice, or a designee of the Chief Justice who may be a retired judge, the Commissioners of Health and Human Services, the State Long-Term Care Ombudsman, and the President of the New Jersey County Prosecutors’ Association, or their designees, who shall serve ex officio; the State Director of the AARP; a representative from Adult Protective Services in the Division of Aging Services in the Department of Human Services; and ten public members. Regarding the public members three shall be appointed by the Senate President, no more than two of whom shall be of the same political party, three shall be appointed by the Speaker of the General Assembly, no more than two of whom shall be of the same political party, and four shall be appointed by the Governor, no more than two of whom shall be of the same political party. Vacancies in the membership of the task force shall be filled in the same manner provided for the original appointments. In selecting the public members, the Senate President, the Speaker of the General Assembly, and the Governor should seek to include persons who have experience, training, or academic background in law impacting older adults or persons with disabilities. The public members appointed by the Governor shall include at least one attorney who is a member of the New Jersey State Bar Association and one certified forensic accountant. The public members appointed by the Senate President and the Speaker of the General Assembly shall include at least one medical doctor with specialized knowledge in geriatrics and one member of law enforcement.

c. The task force shall organize as soon as practicable, but not more than 120 days after the date of enactment of this act. The task force may meet and hold hearings at such places and times as it shall designate.

d. The members of the task force shall serve without compensation, but may be reimbursed for travel and other necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the task force for its purposes.

e. The Department of Human Services shall provide professional and clerical staff to the task force as may be necessary for the task force’s purposes. The task force shall also 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 its purposes.

f. In executing its duties under this act, the task force shall consult with associations, organizations, and individuals who are knowledgeable about issues concerning abuse, neglect, crime or financial exploitation of older adults and persons with disabilities, and hold at least one public hearing.

g. The task force may solicit and receive grants and other funds that are made available for the task force’s purposes by any governmental, public, private, not-for-profit, or for-profit agency, including funds that are made available under any federal or State law, regulation, or program.

h. Within 12 months after the task force’s organizational meeting, which is held in accordance with the timeframe specified by subsection c. of this section, the task force shall submit a written report to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The report shall contain the task force’s findings, as well as its recommendations for legislative and other action that may be necessary to address and prevent the abuse, neglect, and financial exploitation of older adults and persons with disabilities. The task force shall dissolve 30 days after it submits the report required by this subsection.

2. This act shall take effect immediately and shall expire on the 30^th day after the task force submits its written report pursuant to subsection h. of section 1 of this act.

STATEMENT

This bill establishes a temporary task force, to be known as the “New Jersey Task Force on the Role of the Judicial Branch in Addressing Abuse of Older Adults or Disabled Persons.”

The bill requires the task force to (1) expand on the findings of the 2018 New Jersey Task Force on Abuse of Persons who are Elderly or Disabled Report by focusing on the framework upon which our response to elder and disability abuse rests by examining current statutes and laws that are intended to protect older adults and persons with disabilities from instances of abuse, neglect, crime and financial exploitation, including but not limited to criminal statutes that identify and punish those who commit crimes involving this population, including but not limited to N.J.S.A.2C:24-8; and statutes governing Powers of Attorney; and, (2) develop recommendations for legislation, policies, and strategies that would provide a more effective and efficient means by which to protect older adults and persons with disabilities from instances of abuse, neglect, and financial exploitation including options that would constitute an alternative to criminal prosecution.

The bill provides that the task force is to consist of 15 members as follows: the Chief Justice, or a designee of the Chief Justice who may be a retired judge with experience in the Criminal Division of the Superior Court, the Commissioners of Health and Human Services, the State Long-Term Care Ombudsman, and the President of the New Jersey County Prosecutors’ Association, or their designees, who shall serve ex officio; the State Director of the AARP; a representative from Adult Protective Services in the Division of Aging Services in the Department of Human Services; and ten public members. Regarding the public members three shall be appointed by the Senate President, no more than two of whom shall be of the same political party, three shall be appointed by the Speaker of the General Assembly, no more than two of whom shall be of the same political party, and four shall be appointed by the Governor, no more than two of whom shall be of the same political party. Vacancies in the task force membership are to be filled in the same manner provided for the original appointments. In selecting the public members, the Senate President, the Speaker of the General Assembly, and the Governor should seek to include persons who have experience, training, or academic background in criminal law impacting older adults or persons with disabilities. The public members appointed by the Governor shall include at least one attorney who is a member of the New Jersey State Bar Association and one certified forensic accountant. The public members appointed by the Senate President and the Speaker of the General Assembly shall include at least one medical doctor with specialized knowledge in geriatrics and one member of law enforcement.

The task force members would serve without compensation, but could be reimbursed for travel and other necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the task force for its purposes. The bill also authorizes the task force to solicit and receive grants and other funds available for the task force’s purposes.

The bill requires the Department of Human Services to provide professional and clerical staff to aid the task force in the performance of its duties. In addition, the bill provides that the task force may call upon the services of any State, county, or municipal department, board, commission, or agency, as may be available to it for its purposes. The bill requires that the task force, in executing its duties, consult with associations, organizations, and individuals who are knowledgeable about the abuse, neglect, crime or financial exploitation of older adults and persons with disabilities and hold at least one public hearing.

The bill requires the task force to organize as soon as practicable, but not later than 120 days after the date of the bill’s enactment. The bill authorizes the task force to meet and hold hearings at the places and times of its choosing.

Within 12 months after the organizational meeting, the task force is required to submit a written report to the Governor and the Legislature containing its findings and recommendations for legislative and other action that may be necessary to address and prevent the abuse, neglect, and financial exploitation of older adults and persons with disabilities. The task force is to dissolve 30 days after submission of its written report.