S2648

An Act concerning services for defendants on pretrial release and supplementing P.L.2014, c.31.

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

1. a. The governing body of each county in this State may, by duly adopted ordinance or resolution, appoint a county pretrial coordinator who shall be responsible for evaluating the needs of, and navigating the appropriate treatment and services for, each eligible defendant for whom:

(1) a complaint-warrant has been issued in the county for an initial charge involving an indictable offense or a disorderly persons offense; and

(2) pretrial release has been ordered pursuant to sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.).

The ordinance or resolution adopted by the governing body may provide for the appointment of a person who shall be responsible for both the duties provided in this section and the duties required of a county reentry coordinator pursuant to section 11 of P.L. 2021, c.312 (C.30:8-16.19).

b. The county pretrial release coordinator shall evaluate each defendant eligible pursuant to subsection a. of this section. The purpose of the evaluation shall be to:

(1) identify which social services and rehabilitative programs would benefit the defendant including, but not limited to, the Work First New Jersey Substance Abuse Initiative;

(2) determine whether the defendant is eligible to apply for federal, State, and county public assistance program benefits including, but not limited to, State and federal Supplemental Nutrition Assistance Program benefits, Medicaid, and housing assistance program benefits;

(3) determine whether the defendant would benefit from substance use disorder treatment including, but not limited to, medication-assisted treatment; and

(4) identify other appropriate treatment, services, and programs which would benefit the defendant.

c. The pretrial release coordinator shall advise each eligible defendant that the services are offered on a voluntary basis and that the defendant is not required to receive the services offered. The county pretrial release coordinator shall offer assistance to the defendant in accessing any services deemed appropriate for the defendant, based on the evaluation conducted pursuant to subsection b. of this section, by:

(1) assisting the defendant with scheduling and otherwise accessing appropriate treatment, services, and programming during the defendant’s period of pretrial release;

(2) providing information concerning, and assistance in completing, applications for appropriate State and county public assistance program benefits which shall include, but not be limited to, State and federal Supplemental Nutrition Assistance Program benefits, Medicaid, and housing assistance program benefits. The county pretrial release coordinator shall make every effort to ensure that the defendant is actively enrolled in appropriate programming as soon as practicable following the defendant’s pretrial release;

(3) providing information concerning available substance use disorder treatment and services including, but not limited to, medication-assisted treatment. The county pretrial release coordinator shall assist the defendant with scheduling and otherwise accessing appropriate treatment and services during the defendant’s period of pretrial release;

(4) providing information concerning relevant social services and rehabilitative programs including, but not limited to, the Work First New Jersey Substance Abuse Initiative. The county pretrial release coordinator shall assist the defendant with completing applications for and otherwise accessing appropriate services and programming during the defendant’s period of pretrial release;

(5) providing information concerning services provided by the State's One-Stop Career Centers. The county pretrial release coordinator shall schedule appointments for the defendant to meet with representatives from the career center and shall register the defendant for participation in any mandatory programming during the defendant’s period of pretrial release;

(6) providing information concerning insurance eligibility and assistance in completing applications for insurance coverage; the county pretrial release coordinator shall make every effort to ensure that coverage for the defendant as soon as practicable following the entry of the order for pretrial release;

(7) providing information concerning any other treatment, services, and programming deemed appropriate based on the evaluation required pursuant to this section; and

(8) if appropriate, providing assistance to the defendant with obtaining a non-driver identification card.

d. The county pretrial release coordinator shall consult and coordinate with the county board of social services or welfare agency, as appropriate, when providing information or assistance with respect to a benefit or service administered by the board or welfare agency.

e. The county pretrial release coordinator may employ professional and clerical staff as necessary within the limits of available appropriations.

2. a. The county pretrial release coordinator shall record data regarding: the number of eligible defendants who are offered services pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); the number of defendants who accept the services offered; the types of services provided to each defendant who accepts the services offered; the race, gender, ethnicity, and age of each defendant; a record of any crimes committed by a defendant who received services during the defendant’s period of pretrial release and the types of crimes committed for a period of three years following the defendant’s order of pretrial release.

b. The data shall be analyzed to determine whether the rates and nature of rearrests and convictions during pretrial release differ according to whether a defendant received services in accordance with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The county pretrial release coordinator shall prepare and transmit the findings in an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on or before March 1 of each year.

3. a. The county pretrial release coordinator shall meet annually with community stakeholders who may offer guidance for evaluating the needs of and providing services to defendants who have been released pretrial including, but not limited to:

(1) the Commissioner of Human Services, or a designee;

(2) the Assignment Judge of the vicinage, or the Presiding Judge of the Criminal Division of the vicinage, or a designee;

(3) the superintendent, director, or other chief administrative officer of the County Board of Social Services or welfare agency, as appropriate;

(4) the county human services director, or a designee;

(5) the county mental health administrator, or a designee;

(6) the president of a county community college, or a designee;

(7) reentry services providers in the county;

(8) substance use disorder treatment providers in the county; and

(9) a person who previously has received substance use disorder services in the county.

b. Based on the guidance received during the meetings conducted pursuant to subsection a. of this section, the county pretrial release coordinator shall:

(1) establish best practices for providing services to defendants while on pretrial release;

(2) identify services available in the county that may be needed by defendant’s during pretrial release including, but not limited to, housing, food, medical care, clothing, substance use disorder treatment; mental health services, employment assistance, and education assistance; and

(3) make appropriate recommendations for the provision of services to a defendant during pretrial release, to be included in the report issued pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. There shall be annually appropriated through the annual appropriations act such amounts as shall be deemed necessary to implement the provisions of sections 1 through 3 of of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning the county pretrial release coordinator.

5. This act shall take effect on the first day of the second month next following the date of enactment. The governing body of any county of this State may take such anticipatory action as may be necessary for the timely implementation of this act.

STATEMENT

This bill concerns the provision of services to defendants on pretrial release.

While current law provides a variety of services for individuals upon reentering society following their release from incarceration, there are limited supports and services offered to defendants in this State who are charged with certain crimes and who are ordered to be released pending a final resolution of their matter.

This bill authorizes counties to appoint a county pretrial release coordinator to evaluate the needs of defendants in the county for whom a complaint-warrant has been issued for an initial charge involving an indictable offense or a disorderly persons offense, and pretrial release has been ordered.

The pretrial release coordinator is required to advise each eligible defendant that the services are offered on a voluntary basis and that the defendant is not required to receive the services offered. The pretrial release coordinator is responsible for offering the following assistance to the defendants in accessing services deemed necessary pursuant to the evaluation:

· scheduling and otherwise accessing appropriate treatment, services, and programming during the defendant’s period of pretrial release;

· providing information concerning, and assistance in completing, applications for appropriate State and county public assistance program benefits;

· providing information concerning available substance use disorder treatment and services including, but not limited to, medication-assisted treatment;

· providing information concerning relevant social services and rehabilitative programs;

· providing information concerning services provided by the State's One-Stop Career Centers;

· providing information concerning insurance eligibility;

· providing information concerning any other treatment, services, and programming deemed appropriate based on the evaluation required pursuant to the bill; and

· if appropriate, providing assistance with obtaining a non-driver identification card.

In addition, the county pretrial release coordinator is required to consult and coordinate with the county board of social services or welfare agency, as appropriate, when providing information or assistance with respect to a benefit or service administered by the board or welfare agency.

The coordinator is required to collect and analyze data related to the services provided; develop peer counseling programs; meet with community stakeholders to establish best practices in providing services to defendants on pretrial release; identify available county services; and make recommendations for the provision of services to defendants during pretrial release. The amounts deemed necessary to support the county pretrial release coordinators are to be annually appropriated.

This bill would implement recommendation number 15 of the report of the reconvened Joint Committee on Criminal Justice issued in June 2023.