Sponsored by:
Senator JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
SYNOPSIS
Upgrades penalties for unlawful possession of certain items by incarcerated persons and unlawful provision of certain items to incarcerated persons.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the penalty for certain items unlawfully possessed by incarcerated persons and amending N.J.S.2C:29-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:29-6 is amended to read as follows:
2C:29-6. a. Escape implements. (1) A person commits an offense if he knowingly and unlawfully introduces within an institution for commitment of persons under N.J.S.2C:4-8 or a detention facility, or knowingly and unlawfully provides an inmate with any weapon, tool, instrument, document or other thing which may be useful for escape. The offense is a crime of the second degree and shall be punished by a minimum term of imprisonment, which shall be fixed at no less than three years if the item is a weapon as defined by [N.J.S.2C:39-1(r)] subsection r. of N.J.S.2C:39-1. Otherwise, it is a crime of the third degree.
(2) An inmate of an institution or facility defined by paragraph (1) of subsection a. of this section commits an offense if he knowingly and unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any such implement of escape. The offense is a crime of the second degree and shall be punished by a minimum term of imprisonment, which shall be fixed at no less than [three] five years [if the item is a weapon as defined by N.J.S. 2C:39-1(r). Otherwise it is a crime of the third degree].
“Unlawfully” means surreptitiously or contrary to law, regulation or order of the detaining authority.
b. Other contraband. A person commits a [petty disorderly persons offense]crime of the third degree if he provides an inmate with any other thing which the actor knows or should know it is unlawful for the inmate to possess.
(cf: P.L.1983, c.87, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill concerns the penalty for incarcerated persons who possess contraband considered to be implements of escape while incarcerated and other contraband. Specifically, the bill makes possession of any implement of escape by an incarcerated person a second degree crime.
This bill makes it a crime of the second degree for an incarcerated person to possess any implement of escape, regardless of whether it is a weapon or non-weapon. The bill also increases the mandatory minimum term of incarceration for a violation from three years to five years in order to make the penalty consistent with the term of incarceration that generally is imposed for a crime of the second degree.
Under current law, the penalty for an incarcerated person who possesses an implement of escape that is a weapon is a crime of the second degree, subject to a mandatory term of incarceration of not less than three years. An incarcerated person who possesses a non-weapon implement of escape commits a crime of the third degree. A crime of the second degree is generally punishable by a fine of up to $150,000, a term of imprisonment of five to 10 years, or both.
This bill also makes it a crime of the third degree for a person to provide an inmate with any other contraband, besides implements of escape, which the actor knows or should know it is unlawful for the inmate to possess.
Under current law relative to contraband other than implements of escape, a person commits a petty disorderly persons offense if he provides an inmate with any other thing which the actor knows or should know it is unlawful for the inmate to possess. A crime of the third degree is generally punishable by a fine of up to $15,000, a term of imprisonment of three to five years, or both. A petty disorderly persons offense is punishable by a fine of up to $500, a term of imprisonment of up to 30 days, or both.