Sponsored by:
Assemblyman HAROLD "HAL" J. WIRTHS
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblymen Simonsen, McClellan and Space
SYNOPSIS
Establishes Inmate Prosecution Unit in DLPS.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the prosecution of certain inmates and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Attorney General shall establish an Inmate Prosecution Unit in the Department of Law and Public Safety which shall consist of one or more assistant or deputy attorneys general, one of whom shall be designated an Inmate Prosecution Coordinator.
b. The Inmate Prosecution Coordinator shall be responsible for overseeing and coordinating the duties of the Inmate Prosecution Unit.
c. The Inmate Prosecution Unit shall be responsible for:
(1) investigating and, if warranted, prosecuting cases referred to it by the Commissioner of Corrections concerning criminal acts committed by inmates in State and county correctional facilities against State and county correctional police officers and Department of Corrections employees; and
(2) assisting county prosecutors in the investigation and prosecution of criminal acts committed by inmates in State and county correctional facilities against State and county correctional police officers and Department of Corrections employees.
d. Upon notification that an inmate is alleged to have committed a criminal act against a State or county correctional police officer or Department of Corrections employee, the Commissioner of Corrections shall immediately notify the Inmate Prosecution Coordinator that a criminal act allegedly was committed.
e. The Inmate Prosecution Coordinator shall annually report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the duties of the Inmate Prosecution Unit. The report shall include, but not be limited to, information concerning the number of criminal acts allegedly committed by inmates in State and county correctional facilities against State and county correctional police officers and Department of Corrections employees, as well as the number of prosecutions and convictions that resulted from the investigations into the alleged criminal acts. The report also shall include any recommendations for legislative changes or improvements deemed appropriate to address risks posed to State and county correctional police officers and Department of Corrections employees.
2. This act shall take effect on the first day of the seventh month next following the date of enactment. However, the Attorney General may take such anticipatory action in advance of that date as may be necessary for the timely implementation of this act.
STATEMENT
This bill establishes an Inmate Prosecution Unit within the Department of Law and Public Safety.
Under the bill, the Inmate Prosecution Unit would consist of one or more assistant or deputy attorneys general, one of whom shall be designated an Inmate Prosecution Coordinator, who is responsible for overseeing and coordinating the duties of the Inmate Prosecution Unit. The duties of the Inmate Prosecution Unit are: to investigate and, if warranted, prosecute cases referred to it by the Commissioner of Corrections concerning criminal acts committed by inmates in State and county correctional facilities against State and county correctional police officers and Department of Corrections employees, and to assist county prosecutors in the investigation and prosecution of these alleged criminal acts. Upon notification that an inmate is alleged to have committed a criminal act against a State or county correctional police officer or Department of Corrections employee, the Commissioner of Corrections is required under the bill to immediately notify the Inmate Prosecution Coordinator that a criminal act allegedly was committed.
The bill also requires the Inmate Prosecution Coordinator to submit an annual report to the Governor and the Legislature on the duties of the Inmate Prosecution Unit. The report is required to include, but not be limited to, information concerning the number of criminal acts allegedly committed by inmates against State and county correctional police officers and Department of Corrections employees as well as the number of prosecutions and convictions that resulted from the investigations into the alleged criminal acts. The report also is required to include any recommendations for legislative changes or improvements deemed appropriate to address risks posed to State and county correctional police officers and Department of Corrections employees.