Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse.

A1903

ASSEMBLY, No. 1903

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex and Union)

Co-Sponsored by:

Assemblywomen Lopez and Murphy

SYNOPSIS

���� Prohibits retaliation against inmates in State
correctional facilities who report sexual abuse; criminalizes retaliation and
failure to report abuse.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
prohibiting retaliation against inmates in State
correctional facilities who report sexual abuse and supplementing Title 30 of
the Revised Statutes.

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

���� 1.� a.� The Commissioner of
Corrections shall establish a secure, reliable, and confidential method for
inmates incarcerated in a State correctional facility to report complaints of
sexual assault or harassment, physical violence, and mental abuse by correctional
police officers and civilian staff members.� The commissioner shall ensure
that:

���� (1)�� a fee shall not be
charged to report these complaints;

���� (2)�� there shall be an option
for the inmate filing the complaint to remain anonymous;

���� (3)�� an inmate with limited
English speaking skills shall be provided an opportunity to file a complaint in
the inmate�s native language; and

���� (4)�� inmates shall be clearly
informed that the method of reporting is strictly confidential.�

���� b.��� Inmates in the facility
shall be provided with clear and accurate information on how to file a
confidential complaint of sexual assault or harassment, physical violence, and
verbal abuse pursuant to this section and how to directly file a complaint with
the facility�s Special Investigations Division.�

���� c.���� The commissioner shall
prohibit any punitive measures from being taken against an inmate who files a
complaint of sexual assault or harassment, physical violence, and mental
abuse.� This shall include, but not be limited to:

���� (1)� transferring the inmate
to any administrative segregation or close custody unit which is used to house
inmates for disciplinary infractions;��

���� (2)� transferring the inmate
to temporary close custody which is used to house inmates for non-punitive
reasons;

���� (3)� changing the inmate�s job
assignment.�

���� d.��� An inmate who files a
complaint of sexual assault or harassment, physical violence, and verbal abuse
shall be offered the services of a victim advocate who is not affiliated with
the facility with expertise in providing emotional support services related to
the sexual assault or harassment, physical violence, and mental abuse.

���� e.���� The commissioner shall
institute policies and procedures to monitor retaliation by any correctional
police officer or civilian staff member against an inmate who files a complaint
alleging sexual assault or harassment, physical violence, or mental abuse.�
These policies and procedures shall comply with the standards set forth in the federal
Prison Rape Elimination Act
(42 U.S.C. s.15601 et seq.).

���� f.���� For the purposes of
this section:

���� �Job� means a work position,
or an educational, vocational, or treatment program that the Department of
Corrections assigns and designates as a job.

���� �Temporary close custody�
means the non-punitive removal of an inmate from the inmate general population
or other assigned housing and restricting the inmate to the inmate's cell or a
close custody unit for special observation or investigation for a period not to
exceed 72 hours, unless information or evidence warrants an extension beyond 72
hours and the extension is approved by the appropriate supervisor.�

���� 2.��� A correctional police
officer or civilian staff member of a State correctional facility is guilty of
a crime of the fourth degree if the officer or staff member:

���� a.���� retaliates against an
inmate who files a complaint of sexual assault or harassment, physical
violence, or mental abuse pursuant to the provisions of section 1 of P.L.����
c.���� (C.���� ) (pending before the Legislature as this bill); or

���� b.��� fails to report to the
appropriate supervisor any known or suspected, or any evidence or information
pertaining to, sexual assault or harassment, physical violence, or mental abuse
of an inmate by another officer or staff member.�

���� c.���� For the purposes of
this section, �retaliation� means any act by a correctional police officer or
other corrections employee aimed at an inmate in order to punish the inmate for
having reported abuse or in order to keep the inmate from reporting abuse and
includes, but is not limited to, verbal harassment, intimidation, loss of
personal effects, abusive pat-frisks, and sexual assault.

���� 3.��� This act shall take
effect on the first day of the fourth month next following enactment.�

STATEMENT

���� This bill
prohibits retaliation against inmates
in State correctional facilities who file a complaint of sexual assault or
harassment, physical violence, or mental abuse against a corrections officer or
other staff member of the facility.�

���� The bill specifically requires
the Commissioner of Corrections to establish a secure, reliable, and
confidential method for inmates incarcerated in State correctional facilities
to report these complaints.� A fee cannot be charged to file the complaint and
the inmate is to have the option of remaining anonymous.� Inmates are to be
given the opportunity to file a complaint in their native language.� Inmates
are to be clearly informed on how to file a confidential complaint, including
how to file a complaint with the facility�s Special Investigations Division,
and that the reporting of the complaint is strictly confidential.���

���� The bill requires the
commissioner to prohibit any punitive measures from being taken against an
inmate who files a complaint of sexual assault or harassment, physical
violence, and mental abuse. This includes prohibiting the inmate�s transfer to
administrative segregation and temporary close custody.� An inmate�s job
assignment also is not to be changed.�

���� Inmates are to be offered the
services of a victim advocate not affiliated with the facility who has
expertise in providing emotional support services.�

���� The bill requires the
commissioner to institute policies and procedures to monitor retaliation by
corrections officers and civilian staff members against an inmate who files a
complaint.�

����� Finally, the bill establishes
that it is a fourth degree crime for a corrections officer or civilian staff
member to retaliate against an inmate who files a complaint.� It is also a
fourth degree crime for an officer or staff member to fail to report to the
appropriate supervisor any known or suspected, or any evidence or information
pertaining to, sexual assault or harassment, physical violence, or mental abuse
of an inmate by another officer or staff member.�
A
crime of the fourth degree is punishable by a term of imprisonment of up to 18
months, a fine of up to $10,000, or both.