Wednesday, April 27, 2011

3607. Special probation and expungement procedures for drug possessors

§ 3607. Special probation and expungement procedures for drug possessors

(a) Pre-judgment Probation.— If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)—
(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and
(2) has not previously been the subject of a disposition under this subsection;
the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565.
(b) Record of Disposition.— A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.
(c) Expungement of Record of Disposition.— If the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose.

Tuesday, April 12, 2011

2C:20-10 Unlawful Taking of Means of Conveyance

2C:20-10 Unlawful Taking of Means of Conveyance

a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the owner or other person authorized to give consent. "Means of conveyance" includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams and trailers. It is an affirmative defense to prosecution under subsections a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it.

b. A person commits a crime of the fourth degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent.

c. A person commits a crime of the third degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property.

d. A person commits a crime of the fourth degree if he enters and rides in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner or other person authorized to consent.

2C:20-7 Receiving Stolen Property.

2C:20-7 Receiving Stolen Property.
a. Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. "Receiving" means acquiring possession, control or title, or lending on the security of the property.

b. Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:

(1) Is found in possession or control of two or more items of property stolen on two or more separate occasions; or

(2) Has received stolen property in another transaction within the year preceding the transaction charged; or

(3) Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it ;or

(4) Is found in possession of two or more defaced access devices.

2C:20-7 Receiving Stolen Property.

2C:20-7 Receiving Stolen Property.
a. Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. "Receiving" means acquiring possession, control or title, or lending on the security of the property.

b. Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:

(1) Is found in possession or control of two or more items of property stolen on two or more separate occasions; or

(2) Has received stolen property in another transaction within the year preceding the transaction charged; or

(3) Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it ;or

(4) Is found in possession of two or more defaced access devices.

Sunday, April 10, 2011

2C:20-11b(1) Shoplifting.

2C:20-11b(1) Shoplifting.

b.Shoplifting. Shoplifting shall consist of any one or more of the following acts:

(1)For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

(2)For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

(3)For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4)For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5)For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

(6)For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

c.Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.

(2)Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.

(3)Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.

(4)Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.

The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.

Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

d.Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

e.A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.

Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.

A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.

f.Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.

Friday, April 8, 2011

New Jersey Photo Red-Light Ticket

New Jersey Photo Red-Light Ticket

Traffic control signal monitoring systems (also known as the “RLR System”) is an integrated system used to record evidence authorities need to prosecute red-light runners and other traffic violators. The system is made up of a single camera, or a multiple camera system, which trigger vehicle sensors when a violation occurs to capture the traffic violation in live time.

The New Jersey Department of Transportation (NJDOT) announced the designation of ten new municipalities for the Red-Light Running Automated Enforcement pilot program. Hoboken, Morris Township, South Brunswick, Woodbridge, Gloucester Township, Cherry Hill, Stratford, Deptford, Monroe and Glassboro were designated for participation.

Each of the selected municipalities includes specific locations that have a proven history of violations and crashes related to red-light running. Previous engineering, police enforcement, and education efforts have not been able to successfully lower the rate of such crashes and violations. The program is designed to determine if a traffic control signal monitoring system may be an effective long-term tool to increase safety at these locations. Each municipality will set up its own distribution system for citations that result from camera images.

The Assembly Bill 4314 established a five-year pilot program to determine the effectiveness of the installation and utilization of traffic control signal monitoring systems. Similar programs have been implemented in twenty-four states other then New Jersey. The NJDOT designated Brick Township, Newark, East Brunswick, Piscataway, Roselle Park, Stafford, Edison, Jersey City, Lawrence, Linden, New Brunswick and Wayne for participation in the first-year pilot program. Although violators are not given points for infractions caught by red-light cameras, it is considered a moving violation. Therefore, if you are on DMV of MVC probation your driver license will be suspended if you are issued a moving violation via a red-light camera.

Statute:

39:4-8.15 Review of recorded images by law enforcement official; issuance of summons.


4. a. In any municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system, a law enforcement official of such municipality shall review the recorded images produced by the traffic control signal monitoring system. In conducting such review, the law enforcement official shall determine whether there is sufficient evidence to conclude that a traffic control signal violation has occurred and shall issue, within 90 days from the date on which the violation occurred, a summons where it is deemed appropriate. A traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act shall be served by a law enforcement official in accordance with the Rules of Court. Except as otherwise provided in this subsection, the recorded images produced by the traffic control signal monitoring system shall be available for the exclusive use of any law enforcement official for the purposes of discharging the official's duties pursuant to P.L.2007, c.348 (C.39:4-8.12 et seq.).

Any recorded image or information produced in connection with the traffic control signal monitoring system shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records. The recorded images shall not be discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter, nor shall they be offered in evidence in any civil or administrative proceeding not directly related to a traffic control signal violation. Any recorded image or information produced in connection with the traffic control signal monitoring system pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any fine or penalty. If a law enforcement official does not issue a summons for a traffic control signal violation within 90 days, all recorded images and information collected pertaining to that alleged violation shall be purged within three days. Any municipality operating a traffic control signal monitoring system shall certify compliance with this subsection in the report required to be filed with the Commissioner of Transportation pursuant to section 6 of P.L.2007, c.348 (C.39:4-8.17).



b. Except as provided in subsection c. of this section, the owner and operator shall be jointly liable for a traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act, unless the owner can show that the vehicle was used without his consent, express or implied. An owner who pays any fine, penalty, civil judgment, costs or administrative fees in connection with a traffic control signal violation issued pursuant to a traffic control signal monitoring system shall have the right to recover that sum from the operator in a court of competent jurisdiction.



c. The owner of a motor vehicle who is a lessor shall not be liable for a traffic control signal violation summons issued pursuant to this act when the motor vehicle is under the control or in the possession of the lessee, if upon notice of a traffic control signal violation, the owner of the motor vehicle which was leased at the time of the offense notifies the clerk of the court where the case is pending, by an affidavit of the name and address of the lessee. The affidavit shall be in a form prescribed by the Administrative Director of the Courts. After providing the name and address of the lessee, the owner shall not be required to attend a hearing of the offense, unless otherwise notified by the court.



d. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation occurring under the provisions of this act.

Why Photo Radar?

Many communities lack the resources necessary for police officers to patrol intersections necessary to ticket all motorists who run red lights.

Red-light cameras are designed to identify traffic law violations without depending on the presence of police officers. The technology frees up valuable law enforcement resources and allows communities

to focus on other law enforcement needs.

How Red-Light Cameras Work:

Red-light cameras operate through in-ground sensors that continuously monitor each passing vehicle. If a vehicle enters an intersection after the

signal has turned red; the sensors trigger a higher resolution digital camera system. Those vehicles still in an intersection when a yellow light turns red are not considered in violation. The vehicle must enter after the light turns red to be considered a violation. When a violation occurs, the cameras record several still images of the vehicle, its rear license plate and the date; time of day and time elapsed since the beginning of the red signal. A video of the incident is also recorded. Some communities hold the vehicle owner responsible for the violation. In other communities, the driver of the

vehicle is held responsible for the violation. In these communities, an additional image of the driver’s face is recorded.

The law requires that drivers bring their vehicle to a full and complete stop before proceeding right on red.

In addition to drivers who enter an intersection during a red-light, drivers who fail to stop before making a right turn on red may also be issued a citation. The law requires that drivers bring their vehicle to a full and complete stop before proceeding right on red. Before a ticket is ever issued, the violation is reviewed in a four-step process by trained technicians to ensure that a violation occurred. An agent of the city, such as a police officer, then conducts a careful review of the photographs and video evidence of each incident and then provides the final authorization to issue a citation. A notice of violation is then sent by mail.

The registered owner of the vehicle can view additional information online at www.photonotice.com, along with photos and video of the violation. Users are also given the option to pay online after viewing the evidence.

Enforcement cameras have been used more than 20 years in the United States. In that time, they have proven to be extremely accurate and

reliable.

Do I get points on my license?

A. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation occurring under the provisions of this act. The ticket for a violation of New Jersey Title 39:4-81, Failure to Observe Signal is the responsibility of the registered owner of the vehicle.

Q. How much will a red light running ticket cost?

A. The fine for an uncontested ticket is $85.00. The fine is higher if contested.

Tuesday, April 5, 2011

REQUEST FOR INFORMATION FOR THE OPERATION OF FACILITY(IES) FOR THE TREATMENT OF SEXUALLY VIOLENT PREDATORS The Department of Corrections and the Depar

STATE OF NEW JERSEY REQUEST FOR INFORMATION

FOR THE

OPERATION OF FACILITY(IES) FOR THE TREATMENT OF SEXUALLY VIOLENT PREDATORS

The Department of Corrections and the Department of Human Services are seeking information from vendors regarding the relocation of the State’s Sexually Violent Predator secure residential facilities.

STATE OF NEW JERSEY

REQUEST FOR INFORMATION BY THE DEPARTMENT TREASURY, DIVISION OF PURCHASE AND PROPERTY, ON BEHALF OF THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF MENTAL HEALTH SERVICES AND THE DEPARTMENT OF CORRECTIONS FOR THE OPERATION OF FACILITY(IES) FOR THE TREATMENT OF SEXUALLY VIOLENT PREDATORS

PURPOSE

This Request for Information (RFI) seeks to gather information to assist the State in developing its requirements and identifying qualified vendors to meet those requirements for the relocation of the State’s Sexually Violent Predator (SVP) secure residential facilities from their present operations under State auspices in Kearny, New Jersey and Avenel, New Jersey to an in-state site(s) and program services.

The State is open to alternative ideas that meet the requirements of the New Jersey Sexually Violent Predator Act. Respondents are encouraged to provide information about alternatives that may help the State better define its requirements and obtain a site selection/program management solution that meets its needs.

BACKGROUND

1. History of the Law

In 1996, Governor Whitman established a Task Force for the Review of Treatment of the Criminally Insane by Executive Order 58 (1996). In October 1997 the Task Force issued a report and recommended that the State of New Jersey adopt a Sexually Violent Predator Act based on the model that the U.S. Supreme Court had ruled constitutional in Kansas vs. Hendricks, 521 U.S. 345 (1997).

The New Jersey Sexually Violent Predator Act was adopted on August 12, 1998, as P.L. 1998 c. 71, and is codified in the New Jersey Statues at N.J.S.A. 30:4-27.24 to -27.38. The SVPA became effective on August 12, 1999. In enacting the SVPA the New Jersey Legislature found:

a. Certain individuals who commit sex offenses suffer from mental abnormalities or personality disorders which make them likely to engage in repeat acts of predatory sexual violence if not treated for their mental conditions.

b. Under the existing involuntary commitment procedure, persons are subject to commitment if they are mentally ill and dangerous to self, others or property. "Mental illness" is a current, substantial disturbance of thought, mood, perception

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or orientation which significantly impairs judgment, capacity to control behavior or capacity to recognize reality, which causes the person to be dangerous to self, others or property. The nature of the mental condition from which a sexually violent predator may suffer may not always lend itself to characterization under the existing statutory standard, although civil commitment may nonetheless be warranted due to the danger the person may pose to others as a result of the mental condition.

c. Therefore, it is necessary to modify the involuntary civil commitment process in recognition of the need for commitment of those sexually violent predators who pose a danger to others should they be returned to society.

d. Moreover, because of the nature of the mental conditions from which sexually violent predators suffer and the danger they present, it is necessary to house involuntarily committed sexually violent predators in an environment separate from persons committed under P.L. 1987, c. 116 (C. 30:4-27.1 et seq.) or otherwise confined.

[N.J.S.A. 30:4-24.25]

2. Civil Commitment Under the SVPA

The SVPA established a civil procedure for the involuntary commitment of sexually violent predators. Residents enter the STU on a temporary commitment order signed by a Superior Court judge, pursuant to a petition signed by the State’s Attorney General’s office. By statute, residents so committed are entitled to a court hearing within twenty days of admission.

If the court commits the individual he or she must have a review hearing every year, or more often. Once committed under the SVPA, an individual begins the sexually violent predator treatment program.

3. Treatment under the SVPA

The New Jersey Department of Human Services, Division of Mental Health Services has designed a comprehensive treatment program for individuals committed under the SVPA. The goals are protecting society and enabling residents to attain sufficiently healthy values and pro- social skills, enabling those who are so motivated to be gradually reintegrated into society contingent upon proper supervision and support services. Treatment is designed to enhance judgment, impulse control, social skills, empathy, and many other functions. All residents are entitled to effective treatment that is humane and respectful. All residents, their families, staff, and visitors are entitled to a safe and therapeutic environment.

The clinical program is based on a group-oriented, cognitive behavioral/relapse prevention model. The staff is organized by treatment teams consisting of program coordinators (team leaders), psychiatrists, psychologists, social workers, and substance abuse counselors.

4. Care and Custody of the Current Population

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Under the SVPA, the Department of Corrections is responsible for housing civilly committed sex offenders who have completed their term of incarceration but who have been classified as sexually violent predators and are considered to be a danger to the public. The Division of Mental Health Services in the Department of Human Services is responsible for treatment tailored to address the specific needs of these individuals.

There are currently two secure residential facilities providing housing for civilly committed sex offenders administratively attached to the Adult Diagnostic and Treatment Center, the Special Treatment Unit (STU) is located in Kearny and was leased from Hudson County in 1999 as a temporary location for a facility. In 2001 a temporary space was added at the Special Treatment Unit-Annex in Avenel (Middlesex County).

As of February 25, 2008, the present population is 373. For the last two years, the population has been growing at a rate of approximately 1.5 residents per month.

Scope of Services

The three major functions that are required to run the program are Care and Custody, Treatment and Coordination with Other Entities. The description of services provided is intended as an overview/summary of the services that are required to run a program, to enable a vendor to assess its own capabilities to respond to this RFI, and not as an exhaustive description of actual program requirements.

1. Provision of Care and Custody A. Housing

The vendor would be responsible to provide a secure residential facility and the staff to house the individuals committed under the SVPA. The vendor will provide a secure residential facility to house those committed under the NJ SVPA and to accommodate all treatment program space, including the single occupancy rooms for the Modified Activities Program. The vendor and all programming provided must conform to all DOC security requirements. Currently, security includes but is not limited to perimeter security, security of all internal doors, gates and resident rooms. Residents are accounted for during formal counts. Room and Unit searches are conducted regularly.

B. Medical Care including Mental Health Care

The vendor will provide for all medical and mental health care, including all evaluations, medication and monitoring for individuals committed under the SVPA.

C. Security and Current Facilities

The current facilities are medium security. Presently, security includes perimeter security, security of all internal doors, gates and residents rooms. Residents are accounted for during formal counts. Room and Unit searches are conducted regularly. There is no smoking in the facilities. Visitation areas are available for the residents and visitation policies and procedures

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must be adhered to. It may be necessary to place residents is Modified Activities Program or Temporary Close Custody for the protection of residents as well as others.

The current facilities provide vocational rehabilitation opportunities to residents, for example programs such as computer skills training and culinary arts training are available. Personal Computers are currently prohibited. No connection to any outside internet providers is allowed.

D. Transportation

The providers must arrange and provide all secure transportation to and from the facility for purposes of treatment including but not limited to professional service appointments, furloughs, discharge interviews and outside court related appearances.

E. Financial Business

The provider must account for and report all residents’ financial transactions including but not limited to purchases made from the facility commissary or mail order and posting of revenue, be it wages earned from the facility established-employment or sent from outside.

2. Provision of Resident Treatment A. The Treatment Program

The vendor would be responsible for providing resident treatment that is consistent with the Division of Mental Health Services’ written plan for the provision of resident treatment. Provision of treatment (and the written plan) must comply with the requirements of the New Jersey Sexually Violent Predator Act and its regulations, as well as applicable New Jersey and federal case law.1

The Division of Mental Health’s current written plan for the provision of resident care, which the Division believes satisfies all requirements under the SVPA, its regulations and state and federal case law, is attached as Attachment A. DMHS’ plan is revised as necessary to accommodate new approaches to treatment. The written plan is reviewed annually for legal sufficiency.

In addition, a Resident’s Guide, setting forth the rules, regulations, expectations, and responsibilities of residents in the program that are consistent with the written plan, must be provided to residents within 10 days of admission The Resident’s Guide is attached hereto as Attachment B.

1 At any given time, there is a significant number of state and federal court cases pending that have the potential to result in changes to the way in which resident care must be provided. A complete list is attached as Attachment D. In the event that a state or federal court decision requires a change to the way in which resident care is provided, the vendor would need to modify the provision of resident treatment consistent to comply with the court decision and update its written plan for the provision of resident treatment accordingly.

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B. Discharge Planning and Conditional Discharge

Upon a Department of Human Services recommendation or a court order for conditional discharge, discharge plans are developed by the resident’s treatment team. Discharge planning includes, specification of the process for identifying housing, services, treatment and supports that a resident will need upon discharge and the potential providers of such services, as well as a period of gradual de-escalation of restraints, required by the Court. During discharge planning, visits to potential housing or service providers, and furloughs from the secure facility must be coordinated, along with the participation of the New Jersey State Parole Board, because of its role in pre-discharge community trips/furloughs and post-discharge supervision.

Most residents who are discharged are conditionally discharged with specific and detailed conditions to ensure treatment participation and minimizing the risk to public safety. The Parole Board and DMHS work together to provide on-going supervision until the conditions are removed by the court. The provider would work with the Parole Board to provide necessary supervision.

C. Current Treatment Staffing

The current treatment staffing schedule reflecting composition, quantity and hours is attached hereto as Attachment C.

3. Coordination with all Entities Involved with the SVPA

Operation of the facility and provision of the treatment under the SVPA requires formal and informal coordination with several state agencies. The vendor will be required to facilitate this coordination.

A. Interagency Oversight Board

The SVPA requires an Interagency Oversight Board between the DHS and DOC. Policies and procedures of the facilities are coordinated through this Board. Presently DHS and DOC meet twice monthly, with key administrative staff to review issues, and develop solutions for problems and issues as they arise. If the operations and sites are transferred to a private vendor, this oversight would continue with provider attendance at and participation in the meetings as necessary.

B. Attorney General (AG)

The AG is responsible to prove to the court that individuals should be committed or have their commitment continued. SVPA commitment and continued commitment of individuals under the SVPA has specific required proofs. In order to prove the case for commitment and recommitment, the AG must have:

(1) trained evaluators and clinicians who are qualified and available to provide detailed written expert witness reports and testimony to the courts at every hearing;

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(2) individuals to testify to factual or policy matters when necessary;

(3) timely notice of significant developments in an resident’s treatment or behavior that may, in the AG’s discretion, need to be reported to the court; and

(4) copies of all treatment records for specified time periods;

(5) all cooperation of the agency(s) housing and treating the individuals that is necessary to ensure compliance with court orders.

C. New Jersey Superior Court

Presently, the New Jersey Superior Court, Law Division holds SVPA commitment and review of commitment hearings in a designated space in the Kearny facility and DOC transports and escorts residents to all court appearances. The provider would need to provide a suitable courtroom for legal proceedings and chambers for the judges, all appropriate transportation and escorting for hearings as required by the Court, and security for the courtroom and chambers.

D. New Jersey Parole Board

The New Jersey Parole Board has devoted considerable resources to a Sex Offender Management Unit, which cooperates in the discharge planning and monitoring of residents who have been discharged from the program. The provider will need to continue to coordinate with the Parole Board for discharge planning and post-discharge monitoring.

STATEMENT OF CAPABILITIES

Vendors that believe they are able to fulfill the State’s requirements and/or can offer viable alternatives to the current program are encouraged to submit a Statement of Capabilities which should include the following elements:

1. General Information

A. Name of company, contact person, title address, phone, fax, cell number and email address;

B. Copy of company organization chart, with contact information for the individual responsible for running programs similar to New Jersey’s SVP program;

C. Financial statements for the responding company for the past 3 years; and

D. Whether the company would provide all services or would be a prime contractor to one or more subcontractors, and the information provided for the first 3 bullets for each subcontractor, as well as an organization chart for how the project would be organized.

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2. Programmatic Capabilities

A. Descriptions of similar programs that the vendor is currently running including the location and number of residents in the program, how long the program has been run under the vendor’s aegis;

B. Sample resumes of staff running such programs for the vendor as well as the number of staff that could be made available; and

C. General description of how the vendor would approach running the SVP program in New Jersey.

3. Site Characteristics

A. Identification of a potential site in New Jersey for the secure residential facility(ies)and a description of how the site meets the requirements for the program, including the scalability of the site;

B. Whether the site is currently owned or leased by the vendor; and

C. If not currently owned or leased, an outline of the steps that would be required to obtain ownership/control and a timeline for how long it would take to obtain it.



30:4-27.38. Written notice of release

30:4-27.38. Written notice of release
15. In addition to any other information required to be released under this act, prior to the release of a person committed under this act, the Department of Corrections shall give written notice of the person's release to the Attorney General or the prosecutor of the county in which the person was prosecuted for the sexually violent offense which rendered the person subject to commitment under this act, depending on which office prosecuted the person for the sexually violent offense. Upon receipt of such notice, the county prosecutor or Attorney General, as the case may be, shall notify the Office of Victim and Witness Advocacy of the county in which the person was prosecuted and that office shall use any reasonable means available to it to give notice of the person's release to the victim of the sexually violent offense or the victim's nearest relative if the sexually violent offense resulted in death, which notice shall be in accordance with the provisions of section 6 of P.L.1985, c.404 (C.52:4B-44). The notice required under this section shall be given only if a request for such notification has been made by the victim or the victim's nearest relative, as the case may be, to the county prosecutor or Attorney General, as the case may be, at the time the person was sentenced or committed. Failure to notify shall not be a reason for postponement of release. Nothing in this subsection shall create a cause of action against the State, county or any employee of the State or county acting within the scope of the employee's employment as a result of the failure to notify under this act.

30:4-27.37. Discharge plan

30:4-27.37. Discharge plan
14. A person discharged by the court shall have a discharge plan prepared by the treatment team at the facility designated for the custody, care and treatment of sexually violent predators, pursuant to this section. The treatment team shall give the person an opportunity to participate in the formulation of the discharge plan.

30:4-27.36. Recommendation for discharge

30:4-27.36. Recommendation for discharge
13. a. At any time during the involuntary commitment of a person under this act, if the person's treatment team determines that the person's mental condition has so changed that the person is not likely to engage in acts of sexual violence if released, the treatment team shall recommend that the Department of Human Services authorize the person to petition the court for discharge from involuntary commitment status. The Department of Human Services shall notify the Attorney General immediately upon providing such authorization. If a discharge plan has not been developed pursuant to section 14 of this act, it shall be developed forthwith.

b.The person shall serve the authorized petition for discharge upon the committing court and the Attorney General. The Attorney General may obtain an independent clinical evaluation of the person, which shall be performed within 15 days of receipt by the Attorney General of the authorized petition for discharge. If, within 15 days of receipt of such authorized petition or upon completion of an independent clinical evaluation, if any, the Attorney General files a request for a hearing on the issue of continuing need for commitment and serves notice of that request, in accordance with the provisions of section 7 of this act, the court shall schedule a hearing on the issue. The hearing shall be conducted in the manner provided in section 9 of this act.

c.If the person committed pursuant to this act had at the time of such commitment been confined pursuant to an order entered under N.J.S.2C:4-8 concerning acquittal of a criminal charge by reason of insanity or under N.J.S.2C:4-6 concerning lack of mental competence to stand trial, the Attorney General shall provide written notice to the prosecutor of the person's authorized petition for discharge from involuntary commitment status. If, within five days of receipt of such notice, the prosecutor files a request for a hearing on the issue of continuing need for commitment and serves notice of that request, in accordance with the provisions of section 7 of this act, the court shall schedule a hearing on the issue. The hearing shall be conducted in the manner provided in section 9 of this act.

d.Nothing in this act shall prohibit a person from filing a petition for discharge from involuntary commitment status without authorization from the Department of Human Services. Upon receipt of such a petition, the court shall review the petition to determine:

(1) whether the petition contains facts upon which the court could find that the condition of the person has so changed from the time of the filing of the person's prior petition that a hearing is warranted, or

(2) whether the petition is supported by a professional expert evaluation or report stating that the person's mental condition has so changed that the person is not likely to engage in acts of sexual violence if released, which evidence had not been provided to the court in its prior annual review.

If the petition fails to satisfy either of these requirements, the court shall deny the petition without a hearing.