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A4008
ASSEMBLY, No. 4008
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 5, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Co-Sponsored by:
Assemblywoman Dunn, Assemblymen Azzariti Jr. and
Scharfenberger
SYNOPSIS
���� Establishes �Justice for Vulnerable Residents Act�;
creates Justice Center for the Protection of Individuals with Intellectual or
Developmental Disabilities.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
establishing the Justice Center for the Protection of
Individuals with Intellectual or Developmental Disabilities and supplementing
Title 30 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. �This act shall be known
and cited as the �Justice for Vulnerable Residents Act.�
���� 2.�� The Legislature finds and
declares that:
���� a.� People with intellectual
or developmental disabilities (IDD) are often vulnerable, lacking capacity to
protect and defend themselves and even to articulate events that have
transpired or identify an individual who may have done them harm, and those placed
in State-licensed or -operated residential or day habilitations settings are
particularly dependent on others for their well-being and safety.
���� b.� The very first provisions
of the New Jersey Constitution provide that "all persons...have certain
natural and unalienable rights, among which are those of enjoying and defending
life and liberty...and of pursuing and obtaining safety and happiness,"
and that "government is instituted for the protection, security, and
benefit of the people, and they have the right at all times to alter or reform
the same, whenever the public good may require it."
���� c.� State government thus has
an obligation to all residents to protect their rights and safety, which
applies equally to those with IDD.
���� d.� The State of New Jersey
recognized the above when the Legislature and Governor enacted P.L.2017, c.269,
which created the Office of the Ombudsman for Individuals with Intellectual or
Developmental Disabilities and their Families.
���� e.� The Office of the
Ombudsman, the Department of Human Services and the Department of Children and
Families have worked to maintain and, where necessary, improve the care and
safety of people with IDD in State-licensed or -operated residential and day habilitation
settings.
���� f.� The Office of the
Ombudsman and many advocates have urged a major restructuring of the way in
which allegations of abuse, neglect, and exploitation in State-licensed or
-operated residential and day habilitation settings are processed and
investigated, noting the need to centralize and make more independent the
investigation these authorities now vested in the Department of Human Services
and the Department of Children and Families.
���� g.� The State of New York has
for several years employed a model for oversight of various facilities and
services for people with IDD and other conditions that may render them more
vulnerable than others, which has streamlined and coordinated a system for
complaints and investigations that has been recommended by the Ombudsman and
many advocates for people with IDD for review and potential use as a model for
New Jersey to adapt for use in this State.
���� h.� This act is intended to
implement provisions based on that model to support and protect the health,
safety, and dignity of people with IDD in New Jersey, specifically with respect
to State-licensed or -operated residential and day habilitation settings.
���� 3.� As used in this act:
���� "Abuse" means
wrongfully inflicting or allowing to be inflicted physical abuse, sexual abuse,
or verbal or psychological abuse or mistreatment by a caregiver upon an
individual with an intellectual or developmental disability.
���� "Caregiver" means a
person who receives State funding, directly or indirectly, in whole or in part,
to provide services or supports, or both, to an individual with an intellectual
or developmental disability; except that �caregiver� shall not include an
immediate family member of an individual with an intellectual or developmental
disability.
���� "Developmental
disability" means the same as that term is defined by section 3 of
P.L.1977, c.82 (C.30:6D-3).
���� "Direct care staff
member" means the same as that term is defined by section 1 of P.L.2017,
c.238 (C.30:6D-9.1).
���� "Director" means the
Director of the Justice Center for the Protection of Individuals with
Intellectual or Developmental Disabilities.
���� "Exploitation" means
the act or process of a caregiver using an individual with an intellectual or
developmental disability or such individual�s resources for the caregiver�s or
another person�s profit or advantage.
���� �Individual� means a person,
including a person who is under the age of 18 years old or an adult.
���� "Intellectual
disability" means the same as that term is defined by N.J.S.3B:1-2.
���� "Justice Center"
means the Justice Center for the Protection of Individuals with Intellectual or
Developmental Disabilities established pursuant to section 3 of this act.
���� "Medical Review
Board" means the Justice Center Disability Mortality and Abuse Prevention
Medical Review Board established pursuant to section 11 of this act.
���� "Neglect" shall
consist of any of the following acts by a caregiver on an individual with an
intellectual or developmental disability:� willfully failing to provide proper
and sufficient food, clothing, maintenance, medical care, or a clean and proper
home; or failing to do or permit to be done any act necessary for the
well-being of an individual with an intellectual or developmental disability.
���� "State-licensed or
-operated residential or day habilitation" refers to a State-funded,
-licensed, -regulated, or -operated program or facility that provides services
to individuals with intellectual or developmental disabilities, including State
developmental centers and community-based residential and day programs as
defined by section 1 of P.L.2017, c.238 (C.30:6D-9.1).
���� "Substantiated"
means the available information obtained during the investigation of an
allegation of abuse, neglect, or exploitation indicates a finding by a
preponderance of the evidence that an individual with an intellectual or
developmental disability has been harmed or placed at substantial risk of harm
by a caretaker or direct care staff member.
���� 4.� a.� There is established
in, but not of, the Department of Law and Public Safety the Justice Center for
the Protection of Individuals with Intellectual or Developmental Disabilities.�
The Justice Center shall be independent of any supervision and control of any
State agency.� The Justice Center shall be headed by a director, appointed by
the Governor with the advice and consent of the Senate.� The director shall appoint
and remove officers and employees of the Justice Center subject to the
provisions of Title 11A of the New Jersey Statutes and other applicable
statutes as are necessary to enable the director to perform his duties pursuant
to this act and shall fix the compensation of the Justice Center�s employees
and officers within the limits of available appropriations and as provided by
law.�
���� b.� The director shall
establish policies and procedures for the Justice Center for the protection of
individuals with intellectual or developmental disabilities who reside in or
receive services from a State-licensed or -operated residential or day habilitation
program including, but not limited to policies and procedures to harmonize and
improve the procedures for and quality of investigations of reportable
incidents involving individuals with intellectual or developmental disabilities
in order to provide for the safety of those individuals within the different
systems of care in the State.
���� c.� The director may enter
into contracts with any person, firm, corporation, municipality, or
governmental agency for the performance of functions authorized by law.� The director
may accept, as an agent of the State, any grant, including federal grants, or
any gift for the purposes of this act.� Any moneys so received shall be
expended by the Justice Center to effectuate any requirements of this act.
���� d.� Notwithstanding any law,
rule, or regulation to the contrary, all appropriations and other monies
available, and to become available, that relate to the investigation of allegations
of the abuse, neglect, or exploitation of individuals with intellectual or
developmental disabilities in State-licensed or -operated residential or day
habilitation programs and facilities are hereby transferred to the Justice
Center and shall be available for the objects and purposes for which these
monies are appropriated, subject to the provisions of this act and any other
terms, restrictions, limitations, or other requirements imposed by law.
���� e.� All officers and employees
of the Department of Human Services and Department of Children and Families
engaged in the investigation of allegations of the abuse, neglect, or
exploitation of individuals with intellectual or developmental disabilities in
State-licensed or -operated residential or day habilitation programs and
facilities shall be transferred to the Justice Center.�
���� 5.� a.� Upon the initiation of
an investigation conducted or overseen by the Justice Center, the Justice
Center shall:
���� (1)� ensure that any
communication concerning the alleged abuse, neglect, or exploitation of an
individual with an intellectual or developmental disability between a
caregiver, case manager of the caregiver, the case manager's supervisor, or
other staff is identified, safeguarded from loss or destruction, and maintained
in a secure location; and
���� (2)� contact the Office of the
Attorney General, which shall determine whether to participate in the
investigation.
���� b.� Each investigation shall
be completed within 90 days, unless the investigation requires an extension of
time pursuant to policies and procedures established by the director.
���� c.� The director shall issue a
written report within 30 days of the completion of each investigation that
includes:
���� (1)� the conclusions of the Justice
Center;
���� (2)� the rationale for the
conclusion;
���� (3)� a detailed summary of any
communication secured pursuant to the investigation; and
���� (4) �an assessment of the role
of any case manager of a caregiver or the case manager's supervisor, if
applicable, in the allegation of abuse, neglect, or exploitation and a
recommendation about whether any civil or criminal action should be brought
against the case manager or supervisor.
���� 6.� The Justice Center shall
house the Central Registry of Offenders Against Individuals with Developmental
Disabilities, established pursuant to section 5 of P.L.2010, c.5 (C.30:6D-77),
and shall perform all of the necessary functions related to the receipt of
reports of allegations of the abuse, neglect, or exploitation of individuals
with intellectual or developmental disabilities in State-licensed or -operated
residential or day habilitation programs and facilities, the investigation of
such allegations, and the review of substantiated findings of abuse, neglect,
or exploitation, including conducting any disciplinary proceedings for State
employees resulting from such substantiated findings.
���� 7.� The director shall be
granted access at any and all times to any State-licensed or -operated
residential or day habilitation program or facility and, consistent with
federal law, to all books, records, and data pertaining to any such program or
facility as deemed necessary for carrying out the director�s functions, powers,
and duties.� The Justice Center, or its employees as designated by the executive
director, may require from the directors or employees of such programs and
facilities to provide any information deemed necessary for the purpose of
carrying out the Justice Center�s functions, powers, and duties, including
otherwise confidential information.
���� 8.� The Justice Center shall
contain two separate units, headed by two distinct deputy directors, one
responsible for the prosecution of criminal matters pursuant to section 8 of
this act and one responsible for the resolution of non-criminal matters
pursuant to section 9 of this act.� If, during an investigation, what appeared
to be a non-criminal matter warrants consideration for criminal charges, the
matter shall be promptly referred to the criminal unit.� Information collected
during such investigations may only be shared between the units in accordance
with applicable State and federal laws, unless ordered by a court in a pending
proceeding.
���� 9.��� a.� The Justice Center
shall employ a deputy director of criminal investigations, who shall be
appointed by the Governor.� When requested by the deputy director, State
agencies shall be required to make facilities available for office space
throughout the State and to assist with respect to the duties of the deputy
director.�
���� b.� The deputy director shall
have the duty and power to:�
���� (1)�� investigate and
prosecute offenses involving the abuse, neglect, or exploitation of individuals
with intellectual or developmental disabilities; and
���� (2)�� cooperate with and
assist county prosecutors and other local law enforcement officials in their
efforts against the abuse, neglect, or exploitation of individuals with
intellectual or developmental disabilities, provided that nothing herein shall
interfere with the ability of county prosecutors, at any time, to receive
complaints, investigate, and prosecute any suspected abuse or neglect, or for
any persons, whether a mandated reporter or not, to report a complaint to a
county prosecutor or other appropriate law enforcement official.�
���� c.� The deputy director may
request and shall receive, from any agency, department, division, board,
bureau, or commission of the State, or any political subdivision thereof,
cooperation and assistance in the performance of the deputy director's duties, and
may provide technical and other assistance to any county prosecutor or law
enforcement official requesting assistance in the investigation or prosecution
of abuse or neglect of individuals with intellectual or development
disabilities.
���� d.� The deputy director shall
be empowered to apply for search warrants and, except in exigent circumstances,
shall give such notice as soon thereafter as is practicable;� however, the
failure to give notice of a search warrant application to a county prosecutor
shall not be a ground to suppress the evidence seized.� The deputy director,
with approval from the director, may designate assistants, as necessary, to
exercise any enumerated power of the deputy director.
���� e.� The deputy director, or
one of the deputy director's assistants, may, after consultation with the
county prosecutor as to the time and place of such attendance or appearance,
attend or appear in person at any term of the Superior Court having appropriate
jurisdiction or appear before the grand jury thereof, for the purpose of
managing and conducting in such court or before such jury a criminal action or
proceeding concerned with an offense of any conduct constituting, or requisite
to the completion of or in any other manner related to such offense involved,
the abuse or neglect of an individual with an intellectual or developmental
disability.� In such case, the deputy director or the deputy director's
assistant may exercise all the powers and perform all the duties which a county
prosecutor would otherwise be authorized or required to exercise or perform.
���� 10.� a.� The Justice Center
shall employ a deputy director of civil investigations, who shall be appointed
by the Governor.� When requested by the deputy director, State agencies shall
be required to make facilities available for office space throughout the State
and to assist with respect to the duties of the deputy director.�
���� b.� The deputy director shall
have the duty and power to:
���� (1)� investigate non-criminal
offenses involving the abuse, neglect, or exploitation of individuals with
intellectual or developmental disabilities;
���� (2)� refer matters for further
civil, criminal, and administrative action to the appropriate authorities when
applicable; and
���� (3)� issue a report on the
findings of an investigation and, when applicable, issue recommendations for
corrective or remedial action to the appropriate licensing entity.�
���� c.� The deputy director may
request and shall receive, from any agency, department, division, board,
bureau, or commission of the State, or any political subdivision thereof,
cooperation and assistance in the performance of the deputy director's duties.
���� d.� The deputy director, with
approval from the director, may designate assistants, as necessary, to exercise
any enumerated power of the deputy director.
���� 11.� The director shall be
responsible for:
���� a.���� establishing procedures
for the notification of appropriate persons and entities with respect to
reports and findings of reportable incidents;
���� b.��� representing the State
in all administrative hearings and other administrative proceedings relating to
discipline of State employees and adjudication of individuals charged with
having committed or found to have committed abuse or neglect as a result of an
investigation conducted or overseen by the Justice Center;
���� c.���� identifying a process
for a coordinated approach to provide for timely responses to allegations of
reportable incidents;
���� d.��� where applicable,
establishing uniform procedures for initial character and competence reviews of
provider agencies, and requiring a review of performance records regarding
incident management of reportable incidents affecting the safety of individuals
with intellectual or developmental disabilities, including cases of systemic
problems upon renewal of licenses and operating certificates;
���� e.���� adopting and amending,
as appropriate, codes of conduct for all direct care staff members, which codes
of conduct shall be signed or otherwise acknowledged by the direct care staff
members, in writing or electronically, and providing a copy of such codes of
conduct to all direct care staff members.� Such codes shall govern the conduct
of direct care staff members with respect to the safety, dignity, and welfare
of individuals with intellectual or developmental disabilities, and shall
include, at a minimum, provisions regarding the responsibility of direct care
staff members to:
���� (1)�� support the emotional,
physical, and personal well-being of individuals with intellectual or
developmental disabilities, including providing protection from abuse and
neglect, and seeking guidance and advice to resolve issues as needed when
making decisions relating to the individuals they serve;
���� (2)�� assist individuals with
intellectual or developmental disabilities with self-determination, including
supporting such individuals with directing the course of their own lives,
honoring, where appropriate, their right to assume risk in a safe manner, and recognizing
their potential for lifelong learning and growth;
���� (3)�� participate in
available, appropriate training to maintain competency, skill-level, and
knowledge of best practices for working with individuals with intellectual or
developmental disabilities;
���� (4)�� promote and practice
justice and fairness for the individuals with intellectual or developmental
disabilities by supporting, upholding and respecting the human and civil
rights, and the� human dignity and uniqueness of individuals with intellectual
or developmental disabilities;
���� (5)�� assist, where
appropriate, individuals with intellectual or developmental disabilities in
developing and maintaining relationships with family members, friends, and the
community at large;
���� (6)�� advocate with, and on
behalf of, individuals with intellectual or developmental disabilities to help
advance their interests, needs, justice, inclusion, and meaningful
participation in their communities; and
���� (7)�� report reportable
incidents as required by section 4 of P.L.1993, c.249 (C.52:27D-409);
���� f.� adopting and amending, as
appropriate, a code of conduct for all employees of the Justice Center and
members of the Medical Review Board, which code of conduct shall be signed or
otherwise acknowledged by the employee or member in writing or electronically;
���� g.� develop minimum
requirements for each job title in the Justice Center and require relevant
experience for investigative and criminal prosecution job titles;
���� h.� establishing procedures
for the review of reportable incidents in order to identify preventive and
corrective actions, and to develop and implement such actions and plans of
improvement, subject to the requirements of any federal oversight entity;
���� i.� establishing, or updating
existing, training curricula for employers, and employees, who provide care and
treatment to individuals with intellectual or developmental disabilities, and
for those employees who are in supervisory positions, training curricula
regarding such employee�s obligations to report, investigate, and prevent
reportable incidents.� Training and curricula shall address topics, including,
but not limited to:
���� (1)�� how to identify and
report reportable incidents;
���� (2)�� the prevention of abuse
and neglect;
���� (3)�� the duty to report
reportable incidents;
���� (4)�� how to adhere to
applicable codes of conduct;
���� (5)�� the disciplinary process
and employees� rights pursuant to this act; and
���� (6)�� how supervisory staff
and management can promote compliance with this act.�
Such training, which shall be given
on a periodic basis, shall include live training and supplemental courses
accessible via the Internet;
���� j.���� reviewing and
evaluating the criminal history information of any person applying to be an
employee, volunteer, or consultant for whom a criminal background check is
required by law as a condition of employment at any State-licensed or -operated
residential or day habilitation program, facility, or licensee as defined in
section 1 of P.L.2017, c.238 (C.30:6D-9.1).� Such review and evaluation shall
include, but not be limited to, a requirement that the applicant sign a sworn
statement whether, to the best of the applicant�s knowledge, the applicant has
ever been convicted of a crime in this State or any other jurisdiction;
���� k.��� visiting, inspecting, or
appraising the management of State-licensed or -operated residential or day
habilitation programs or facilities with specific attention to the safety,
security, and quality of care provided to individuals with intellectual or developmental
disabilities receiving treatment or services at such programs or facilities;
���� l.� placing staff as safety
monitors in any State-licensed or -operated residential or day habilitation
program or facility deemed appropriate by the director;
���� m.� developing programs aimed
at assisting individuals with intellectual or developmental disabilities in
understanding their legal rights, and promoting and protecting the rights of
such individuals;
���� n.� advising and assisting
individuals with intellectual or developmental disabilities, family members,
advocates, service providers, and community-based organizations in the
formation of strategies to identify and meet the needs of individuals with intellectual
or developmental disabilities, including social services and supports,
advocacy, and legal assistance, and promoting awareness of the availability of
such resources;
���� o.� preparing and
disseminating educational materials, and serving as an information
clearinghouse, on the rights of parents and legal representatives and advocates
of individuals with intellectual or developmental disabilities to access
records and reports relating to patient care and treatment, and all other
relevant documents from State-licensed or -operated residential or day
habilitation programs and facilities.� Such materials shall include a
discussion of how to appeal a decision denying a requested record or report;
���� p.� collaborating with the
advisory and policy development board under the Office of Disability Services,
established pursuant to section 3 of P.L.1999, c.91 (C.30:6E-3), to advise and
assist the Governor and public and private entities in the development and
implementation of State policies which meet the needs of individuals with
intellectual or developmental disabilities in a manner that is respectful of
the rights and choices of individuals with intellectual or developmental
disabilities;
���� q.� conducting or causing to
be conducted such studies on the needs of individuals with intellectual or
developmental disabilities, as may be appropriate;
���� r.� (1)� making a preliminary
determination whether matters referred to the Justice Center's attention
warrant investigation, and if so, conducting an investigation of such scope and
duration as the director deems necessary and proper;
���� (2)� making findings
concerning such matters referred to the Justice Center and, where appropriate,
making a report and recommendations, which shall be provided to the Commissioner
of Human Services or the Commissioner of Children and Families, as appropriate,
and to the director of the facility involved.� Such commissioner and director
shall each make a written response, within 90 days of receipt of such report,
of the action taken regarding each of the recommendations in the report; and
���� (3)� in the director�s
discretion, reviewing the policies and practices relating to the prevention of
abuse and neglect in State-licensed or -operated residential or day
habilitation programs or facilities, or provider agencies, including staffing
patterns of various service models and the supervision required to help ensure
the safety of service recipients;
���� s.� consulting, from time to
time, with the Ombudsman for Individuals with Intellectual or Developmental
Disabilities and their Families and complying with, within three business days,
any of the Ombudsman�s requests for information, except for when it is
necessary to keep such information confidential due to an ongoing criminal
investigation;
���� t.� doing all other things
necessary to carry out it functions, powers, and duties pursuant to this act.
���� 12.� a.� There is established
in the Justice Center for the Protection of Individuals with Intellectual or
Developmental Disabilities the �Justice Center Disability Mortality and Abuse
Prevention Medical Review Board.�� The medical review board shall be composed
of� 11 members, including specialists in forensic pathology, psychiatry,
internal medicine, and addiction medicine, to be appointed by the Governor.
���� b.� The Governor shall
designate one of the members to serve as chair of the board.� Members shall be
appointed for a one-year term, except one-third of the members initially
appointed shall be appointed for a� term of two years.� Vacancies shall be filled
in the same manner as the original appointment and shall be for the remainder
of the unexpired term.� A member shall continue to serve after the expiration
of his term until a successor has been appointed and qualified.� A member shall
receive no compensation but shall be reimbursed for any actual and necessary
expenses incurred in the performance of the member�s duties.� The Governor may
remove any member of the board if the Governor deems the public interest
requires such removal.� In case of such removal, the Governor shall give notice
to the Legislature and file with the Department of State a statement indicating
the cause for such removal.
���� c.� The purpose of the medical
review board shall be to:
���� (1) make a preliminary
determination as to whether the death of an individual with an intellectual or
developmental disability, who was receiving services from a State-licensed or
-operated residential or day habilitation program or facility, appears to have
resulted from other than natural causes and warrants investigation;
���� (2) investigate the causes of,
and circumstances surrounding, an unusual death� from other than natural causes
of an individual with intellectual or developmental disabilities who received
services from a State-licensed or -operated residential or day habilitation
program or facility;
���� (3) visit and inspect any
facility in which such an unusual death from other than natural causes has
occurred;
���� (4) arrange for the body of
the deceased to undergo examinations deemed necessary to determine the cause of
death, including an autopsy, irrespective of whether such examination or
autopsy was previously performed;
���� (5) upon review of the cause
of, and circumstances surrounding, the death of an individual with an
intellectual or developmental disability who was receiving services from a
State-licensed or -operated residential or day habilitation program or
facility, submit a report to the director and, where appropriate, make
recommendations to prevent the recurrence of such death to the Commissioner of
Human Services or the Commissioner of Children and Families, as appropriate, �and
to the director of the State-licensed or -operated residential or day
habilitation program or facility where the death occurred; and
���� (6) advise the director on
medical issues relevant to the functions, powers, and duties of the Justice
Center, including allegations or reports of abuse or neglect of an individual
with an intellectual or developmental disability who was, or is, receiving
services from a State-licensed or -operated residential or day habilitation
program or facility.
���� d.� All records of the
proceedings and deliberations of the medical review board shall be confidential
and shall not be subject to disclosure.� The Department of Human Services and
Department of Children and Families shall be authorized to provide confidential
client information and records to the medical review board pursuant to the
protocols and procedures established in accordance with all appropriate and
industry-standard controls necessary to protect the privacy and security of the
data and information.
���� 13.� The director shall
prepare and submit 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,� concerning the Justice
Center�s work during the preceding year.� Such report shall be posted on the
Justice Center�s Internet website, and shall include data regarding:
���� a.���� the number of reports
received by the Central Registry of Offenders Against Individuals with
Developmental Disabilities established pursuant to section 5 of P.L.2010, c.5
(C.30:6D-77);
���� b.��� the results of
investigations, disaggregated by type of State-licensed or -operated
residential or day habilitation program and facility;
���� c.���� the types of corrective
actions taken;
���� d.��� the results of the
Justice Center�s review of patterns and trends in the reporting of, and
response to, reportable incidents, and the Justice Center�s recommendations for
appropriate preventive and corrective actions; and
���� e.���� the actions taken by
the Justice Center to provide training pursuant to this act.
���� 14.� This act shall take
effect 60 days after the date of enactment.
STATEMENT
���� This bill establishes the Justice
Center for the Protection of Individuals with Intellectual or Developmental
Disabilities (Justice Center). The Justice Center is established in, but not
of, the Department of Law and Public Safety.� This legislation creates a set of
uniform safeguards and oversight mechanisms, to be implemented by the Justice
Center, whose primary focus will be on the protection of individuals with
intellectual or developmental disabilities.
� There is a recognized need to
strengthen and standardize the safety net for individuals with intellectual or developmental
disabilities receiving services from programs or facilities that are funded,
licensed, or regulated by the State.� The Office of the Ombudsman for
Individuals with Intellectual or Developmental Disabilities and Their Families
and many other advocates have urged a major restructuring of the way in which
allegations of abuse, neglect, and exploitation in State-licensed or �operated
residential and day habilitation settings are processed and investigated,
noting the need to centralize and make more independent the investigation
authorities now vested in the Department of Human Services and the Department
of Children and Families. �They have recommended New York's Justice Center for
the Protection of People With Special Needs for review and potential use as a
model for New Jersey to adapt for use in this State. This bill implements
provisions based on that model to support and protect the health, safety, and
dignity of people with intellectual or developmental disabilities in New
Jersey.
���� Under the bill, the Justice
Center is to be headed by a director, who will establish policies and
procedures for the Justice Center.
���� The Justice Center will house the
Central Registry of Offenders Against Individuals with Developmental
Disabilities and perform all of the necessary functions related to the registry.
���� The Justice Center will employ
a deputy director of criminal investigations and a deputy director of civil
investigations.� The deputy directors will have the duty and power to
investigate criminal and non-criminal offenses involving the abuse, neglect, or
exploitation of individuals with intellectual or developmental disabilities.
���� Upon the initiation of an
investigation, the Justice Center will:� ensure that certain communications
concerning alleged abuse, neglect, or exploitation are identified, safeguarded,
and maintained in a secure location; and contact the Office of the Attorney
General, which will determine whether to participate in the investigation.�
Each investigation will be completed within 90 days, unless the investigation
requires an extension of time.� The director will issue a written report within
30 days of the completion of each investigation.�
���� The bill establishes in the
Justice Center the Justice Center Disability Mortality and Abuse Prevention
Medical Review Board to review the deaths of certain individuals with an
intellectual or developmental disability.
���� The bill requires the director
to prepare and submit an annual report concerning the Justice Center�s work
during the preceding year.