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A4810
ASSEMBLY, No. 4810
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 4, 2026
Sponsored by:
Assemblywoman� ELLEN J. PARK
District 37 (Bergen)
Assemblywoman� ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
���� Establishes minimum health and safety standards for,
and oversight of, State prisons, county jails, and privately-operated secure
facilities in New Jersey.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the operation of State correctional and�
privately-operated secure facilities 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. As used in
P.L.��� , c.��� (C.��������
) (pending before the Legislature as this bill)
:
���� �Board� shall mean the Secure
Facility Oversight Board established pursuant to section 4 of
P.L.��� , c.��� (C.��������
) (pending before the Legislature as this bill).
���� b.��� �Certificate of
compliance� means a certificate issued by Secure Facility Oversight Board to a
privately-operated secure facility, upon application by the private facility.�
A certificate may only be issued to a privately-operated secure facility that
meets the requirements set forth in section 2 of
P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill).
A secure facility shall not be
permitted to operate in this State without a valid certificate of compliance.
���� �Commissioner� means the
Commissioner of Health.
���� �Corrective action plan� shall
mean a plan issued by the Secure Facility Oversight Board to a
privately-operated secure facility, or a State, county, or municipal
correctional facility, youth detention facility, or other correctional facility
in the State administered by a State or local governmental entity, that has
been found by the board to be in violation of one or more of the provisions
established pursuant to section 2 of
P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill), and which
outlines corrective actions
to be taken by the facility.
���� �Privately-operated secure
facility� shall mean a facility:
���� (1) in which individuals are
detained, housed, and supervised on a 24-hour basis;
���� (2) that is equipped with
security safeguards for the detention of those housed in the facility and to
prevent unauthorized access to the facility;
���� (3)�� in which the daily
administration and operations of the secure facility are managed by a private,
non-governmental entity; and
���� (4) which is not contracted to
operate in the State by the New Jersey Department of Corrections, the Youth
Justice Commission, or another State or local governmental entity.
���� 2.��� a. Following the
effective date of
P.L.���
, c.��� (C.�������� ) (pending before the Legislature as this bill)
,
a privately-operated secure facility shall not be permitted to operate in this
State unless a valid certificate of compliance has been issued by the Secure
Facility Oversight Board, established pursuant to� section 4 of
P.L.��� , c.��� (C. )
(pending before the Legislature as this bill)
.�
���� b.��� A privately-operated
secure facility may apply for a certificate of compliance in accordance with
procedures established by the Commissioner of Health pursuant to section 5 of
P.L.��� , c.��� (C.��������
) (pending before the Legislature as this bill)
.� The contract
pursuant to which the secure facility is to operate shall be appended to the
application.
���� c.���� In order to be eligible
to receive a certificate of compliance, a contract awarded to a
privately-operated secure facility shall include, and the facility shall be
required to implement, the terms and conditions enumerated in this section.
���� d.��� Any person detained in a
privately operated secure facility shall:
���� (1)�� receive a minimum of
three meals per day which:
���� (a) meet the dietary
guidelines established by the New Jersey Department of Corrections;
���� (b) provide culturally
appropriate options; and
���� (c) provide options for
individuals with dietary restrictions;
���� (2)�� have unlimited access to
clean drinking water which meets the standards set forth in the �Safe Drinking
Water Act,� 42 U.S.C. s.300f et seq.;
���� (3) have access to education
and workforce skills or vocational training programs;
���� (4)�� have daily access to:
���� (a) showers and toilets;
���� (b) toiletries;
���� (c) sanitary products, as
deemed appropriate by the commissioner;
���� (d) natural light for not less
than five hours per day;
���� (e) a bed with appropriate
bedding including, but not limited to, blankets and pillows; and
���� (f) clothing that is
appropriate and which is modified, as need, based on the weather, and
temperature in the facility.
���� e.� Each privately-operated
secure facility shall:
���� (1) be comprised of sleeping
areas that are a minimum of 100 square feet for each person housed in the
sleeping area;
���� (2) common areas that are a
minimum of 125 square feet per person that will access and utilize the common
area; and
���� (3) have adequate ventilation
and climate control;
���� f.���� Each person housed in a
privately operated secure facility shall be afforded unencumbered access to:
���� (1)�� legal representation,
including access to private rooms to meet with a legal representative;
���� (2) appropriate legal
resources;
���� (3) communication devices
which the person may utilize at no cost for up to 120 minutes per week;
���� (4) visitation consisting of
not less than 20 hours per week of in-person visits; and
���� (5) visitation in a location
within the facility that accommodates visits with children and elderly or
disabled visitors.
���� g.��� Each secure facility
shall be accessible for both scheduled and unscheduled inspections to be
performed by the Secure Facility Oversight Board in order to ensure compliance
with the health and safety requirements established pursuant to this section.
Failure to permit access by the board to the secure facility shall be
considered a violation, subject to the penalties set forth in subsection h. of
this section.
���� h.��� A privately-operated
secure facility that violates a required condition enumerated in this section
shall be subject to a penalty to be imposed by the commissioner, as follows:
���� (1) for a first violation:
���� (a) the commissioner shall
issue to the facility a written notice of the violation and corrective action
plan with which the facility shall comply with within 30 days of issuance, or
upon the date established in the corrective action plan, whichever is later;
and
���� (b) if the corrective action
plan is not implemented within the required timeframe, the facility�s
certificate of compliance shall be revoked;
���� (2) for a second violation:
���� (a) a civil penalty of not
less than $50,000 and not greater than $100,000;
���� (b) revocation of the
certificate of compliance; and
���� (c) the facility shall be
required to cease all operations, regardless of the duration of the contract
under which the facility is operating.
���� 3.��� a.�������� In addition
to any other minimum standards required for the administration of correctional
facilities in this State, the administrator, superintendent, warden, or other
person responsible for the operation of a State, county, or municipal
correctional facility, youth detention facility, or other correctional facility
in the State administered by a State or local governmental entity shall ensure
that the State, county, or municipal correctional facility, youth detention
facility, or other correctional facility is in compliance with the minimum
standards established pursuant to this section.
���� b.��� Each person incarcerated
in a State, county, or municipal correctional facility, youth detention
facility, or other correctional facility in the State administered by a State
or local governmental entity shall:
���� (1)�� receive a minimum of
three meals per day which:
���� (a) meet the dietary
guidelines established by the New Jersey Department of Corrections;
���� (b) provide culturally
appropriate options; and
���� (c) provide options for
individuals with dietary restrictions;
���� (2)�� have unlimited access to
clean drinking water which meets the standards set forth in the �Safe Drinking
Water Act,� 42 U.S.C. s.300f et seq.;
���� (3) have access to education
and workforce skills or vocational training programs;
���� (4)�� have daily access to:
���� (a) showers and toilets;
���� (b) toiletries;
���� (c) sanitary products, as
deemed appropriate by the commissioner;
���� (d) natural light for not less
than five hours per day;
���� (e) a bed with appropriate
bedding including, but not limited to, blankets and pillows; and
���� (f) clothing that is
appropriate and which is modified, as need, based on the weather, and
temperature in the facility.
���� c.� Each State, county, or
municipal correctional facility, youth detention facility, or other
correctional facility in the State administered by a State or local
governmental entity shall:
���� (1) be comprised of sleeping
areas that are a minimum of 100 square feet for each person housed in the
sleeping area;
���� (2) common areas that are a
minimum of 125 square feet per person that will access and utilize the common
area; and
���� (3) have adequate ventilation
and climate control;
���� d.��� Each person housed in a
State, county, or municipal correctional facility, youth detention facility, or
other correctional facility in the State administered by a State or local
governmental entity shall be afforded unencumbered access to:
���� (1)�� legal representation,
including access to private rooms to meet with a legal representative;
���� (2) appropriate legal
resources;
���� (3) communication devices
which the person may utilize at no cost for up to 120 minutes per week;
���� (4) visitation consisting of
not less than 20 hours per week of in-person visits; and
���� (5) visitation in a location
within the facility that accommodates visits with children and elderly or
disabled visitors.
���� b. The administrator,
superintendent, warden, or other person responsible for the operation of a
State, county, or municipal correctional facility, youth detention facility, or
other correctional facility in the State administered by a State or local
governmental entity shall ensure that the facility is accessible for both
scheduled and unscheduled inspections to be performed by the Secure Facility
Oversight Board in order to ensure compliance with the health and safety
requirements established pursuant to section 2 of
P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill)
.
���� c. The administrator,
superintendent, warden, or other person responsible for the operation of a
State, county, or municipal correctional facility, youth detention facility, or
other correctional facility in the State administered by a State or local
governmental entity that is found to be in violation of the minimum standards
established pursuant to this section shall implement a corrective action plan
issued by the Secure Facility Oversight Board pursuant to section 4 of
P.L.��� , c.��� (C.��������
) (pending before the Legislature as this bill)
. All corrective
actions shall be completed within 30 days of the date of receipt of the
corrective action plan, or upon the date established in the corrective action
plan, whichever is later.
���� d.��� Nothing in this section shall
be construed to create a private right of action against a State, county, or
municipal correctional facility, youth detention facility, or other
correctional facility in the State administered by a State or local
governmental entity.
���� 4.��� a. There shall be
established in the Department of Health a Secure Facility Oversight Board,
which shall consist of eleven members, as follows: the Commissioner of the New
Jersey Department of Corrections, or a designee; the President of the New
Jersey County Jail Wardens Association, or a designee; the President of the New
Jersey State Association of Chiefs of Police, or a designee; the Corrections
Ombudsperson, or a designee; two members appointed by the President of the
Senate, two members appointed by the Speaker of the General Assembly, and three
members appointed by the Governor, all of whom shall have experience in the
operation and oversight of correctional facilities, residential community
release facilities, residential treatment facilities, or other secure
facilities.�
���� For the initial appointments,
one member appointed by the President of the Senate, one member appointed by
the Speaker of the General Assembly, and one member appointed by the Governor
shall serve for terms of one year; one member appointed by the President of the
Senate, one member appointed by the Speaker of the General Assembly, and two members
appointed by the Governor shall serve for terms of two years.�
���� Following the expiration of
the initial terms, members of the board shall be appointed for terms of four
years. Any vacancy occurring in the membership of the board shall be filled in
the same manner as the original appointment, but for the unexpired term only.�
���� Appointive members of the
board shall continue to serve as voting members until their successors are
appointed.� The board shall meet at least quarterly and at such other times as
its rules may prescribe or, as in its judgment, may be necessary.�
���� The appointive members of the
board shall serve without compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties.
���� b.��� It shall be the duty of
the board to:
���� (1) conduct inspections of
each State, county, or municipal correctional facility, youth detention
facility, or other correctional facility in the State administered by a State
or local governmental entity to ensure compliance with the minimum standards
established pursuant to section 3 of
P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill)
:
���� (a) with an initial inspection
of each facility to be conducted within two years following the effective date
of
P.L.��� , c.���
(C.�������� ) (pending before the Legislature as this bill)
, and
subsequent inspections to be conducted not less than once during every two
year-period thereafter; and
���� (b) upon the request of the
Office of the Corrections Ombudsperson;
���� (2) if the board determines
that a State, county, or municipal correctional facility, youth detention
facility, or other correctional facility in the State administered by a State
or local governmental entity is in violation of one or more of the requirements
set forth in section 3 of
P.L.��� , c.��� (C.�������� ) (pending before the Legislature as this
bill)
, the board shall issue a notice to the facility and provide
a corrective action plan to the administrator, superintendent, warden, or other
person responsible for the operation of the State, county, or municipal
correctional facility, youth detention facility, or other correctional
facility.
���� (3) in response to an
application pursuant to subsection b. of section 2 of
P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill)
, issue a certificate of compliance for
the operation of a privately-operated secure facility that meets the
requirements set forth in section 2 of
P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill)
;
���� (4) conduct inspections of a
privately-operated secure facility to ensure continued compliance with the
requirements set forth in section 2 of
P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill)
; and
���� (5) if an application by a
secure facility for a certificate of compliance is denied, the board shall
provide written notice of the reasons for the denial.
���� 5.���
The Commissioner of Health, in consultation with the Attorney General, and
Commissioner of Corrections, shall promulgate regulations pursuant to
the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et
seq.),
necessary to effectuate the provisions of this act.
���� 6.��� This act shall take
effect on the first day of the third month next following the date of
enactment.� The Commissioner of Health, Commissioner of Corrections, and the
Attorney General may take any anticipatory action necessary to implement the
provisions of this act.
STATEMENT
���� This bill establishes minimum
health and safety standards for, and oversight of, privately-operated secure
facilities and each State, county, or municipal correctional facility, youth
detention facility, or other correctional facility in the State administered by
a State or local governmental entity.
���� Under the bill, a
privately-operated secure facility is not permitted to operate in this State
unless a valid certificate of compliance has been issued by the Secure Facility
Oversight Board (board), established under the bill.� A �privately-operated secure
facility� is defined under the bill to mean a facility: in which individuals
are detained, housed, and supervised on a 24-hour basis; that is equipped with
security safeguards for the detention of those housed in the facility and to
prevent unauthorized access; in which the daily administration and operations
of the secure facility are managed by a private, non-governmental entity; and
which is not contracted to operate in the State by the New Jersey Department of
Corrections, Youth Justice Commission, New Jersey Judiciary, or another State
or local governmental entity.
���� In order to be eligible to
receive a certificate of compliance, a contract awarded to a privately-operated
secure facility is required to include, and the facility is required to
implement, the terms and conditions enumerated in the bill.� These terms and
conditions establish minimum standards for the health and safety of the persons
housed in the facility which include, but are not limited to, standards for
nutrition, personal care, appropriate housing units and common areas, access to
legal representation, and communication and visitation.�
���� Each facility is required to
be accessible for both scheduled and unscheduled inspections to be performed by
the board in order to ensure compliance with the health and safety requirements
established pursuant to the bill. Failure to permit access by the board to the
secure facility is considered a violation, subject to the penalties set forth
in the bill.
���� A privately operated secure
facility that violates a required condition enumerated in the bill is subject
to penalties to be imposed by the Commissioner of Health. For a first
violation, the commissioner will issue a written notice of the violation and a
corrective action plan, with which the facility is required to comply with
within 30 days of issuance or face revocation of the certificate of
compliance.� For a second violation, a civil penalty of not less than $50,000
and not greater than $100,000 is to be imposed by the commissioner; and the
certificate of compliance is to be revoked and the facility is to be required
to cease all operations, regardless of the duration of the contract under which
the facility is operating.
���� In addition to any other
requirements for the administration of correctional facilities in this State,
the bill requires the administrator, superintendent, warden, or other person
responsible for the operation of a State, county, or municipal correctional
facility, youth detention facility, or other correctional facility in the State
administered by a State or local governmental entity is required to ensure that
the correctional facility, youth detention facility, or other correctional
facility is in compliance with the minimum standards established under the
bill. The bill requires the administrator, superintendent, warden to ensure
that the facility is accessible for both scheduled and unscheduled inspections
to be performed by the Secure Facility Oversight Board, established under the
bill, and to implement any corrective action issued by the board within 30
days, or upon the date provided by the board, whichever is later.�
���� Nothing in the bill is to be
construed to create a private right of action against a State, county, or
municipal correctional facility, youth detention facility, or other
correctional facility in the State administered by a State or local
governmental entity.
���� The bill establishes in the
board in the State Department of Health. The board is to consist of eleven
members, as follows: the Commissioner of the New Jersey Department of
Corrections, or a designee; the President of the New Jersey County Jail Wardens
Association, or a designee; the President of the New Jersey State Association
of Chiefs of Police, or a designee; the Corrections Ombudsperson, or a
designee; two members appointed by the President of the Senate, two members
appointed by the Speaker of the General Assembly, and three members appointed
by the Governor, all of whom are required to have experience in the operation
and oversight of correctional facilities, residential community release
facilities, residential treatment facilities, or other secure facilities.�
���� The board is responsible for:
�
conducting inspections of each State, county, or municipal
correctional facility, youth detention facility, or other correctional facility
in the State administered by a State or local governmental entity to ensure
compliance with the minimum standards established under the bill, with an
initial inspection of each facility to be conducted within two years following
the effective date of the bill and
at least
once during every two
year-period thereafter; and upon the request of the Office of the Corrections
Ombudsperson;
�
if the board determines that a State, county, or municipal
correctional facility, youth detention facility, or other correctional facility
in the State administered by a State or local governmental entity is in
violation of one or more of the requirements set forth under
the bill)
, the
board is required to issue a notice to the facility and provide a corrective
action plan.
�
�in response to an application, issuing a certificate of
compliance to a privately-operated secure facility that meets the requirements
set forth in the bill;
�
conduct inspections of a privately-operated secure facility to
ensure continued compliance with the requirements set forth in the bill; and
�
if an application by a secure facility for a certificate of
compliance is denied, the board is required to provide written notice of the
reasons for the denial.