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A4897
ASSEMBLY, No. 4897
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 7, 2026
Sponsored by:
Assemblyman� GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman� KENYATTA STEWART
District 35 (Bergen and Passaic)
Assemblywoman� ELLEN J. PARK
District 37 (Bergen)
Co-Sponsored by:
Assemblywomen Kane, Peterpaul, Assemblymen G.Rodriguez,
Sampson, Danielsen, Assemblywomen Brennan, Quijano, Rowan, Assemblymen Bhalla,
Kearney and Walker
SYNOPSIS
���� Establishes �New Jersey Holistic Representation
Model� in Office of Public Defender.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning representation by the Office of the Public
Defender and supplementing chapter 158A of Title 2A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� This act shall be known
and may be cited as the �New Jersey Holistic Representation Act.�
���� 2.��� The Legislature finds
and declares that in November 2024, the New Jersey Office of the Public
Defender announced, in conjunction with the national nonprofit entity, Partners
for Justice, the creation of a program aimed at enhancing collaborative,
holistic representation, known as
holistic defense
,
for individuals involved in the criminal justice system.� The initiative
launched as a pilot program in
Atlantic, Monmouth, and
Hudson counties
.� The Public Defender announcement declared, citing remarks
from former Governor Phillip Murphy, �This new partnership between the Office
of the Public Defender and Partners for Justice will help bridge gaps between
legal and personal needs for individuals involved in our criminal defense
system.��
���� Holistic defense
representation pairs public defender staff attorneys with trained non-attorney
social service professionals including social workers and case workers, who are
able to work closely with clients to address underlying issues contributing to
the client�s involvement in the criminal justice system. The collaborative
process frees the attorney advocate to focus exclusively on the legal issues
involved in the case, while engaging the expertise of social service
professional to achieve an overall better outcome for the criminal
justice-involved person.
���� Accordingly, the Legislature
finds that with the promising results of holistic defense initiated in 2024 in
Atlantic, Monmouth, and Hudson counties, it is now time to expand holistic
defense into a Statewide initiative.
���� 3.� As used in this act:
���� �Client participant� means a
client of the Office of the Public Defender who has agreed to participate in
the Holistic representation model under the terms and conditions set forth in a
written agreement between the office and the client.�
���� �Client Services Specialist�
means a client advocate who is integral to the holistic representation team, not
acting in a clinical or supervisory capacity, who shall be responsible, under
the general direction of the attorney team member or a supervising attorney,
for providing or supervising the provision of non-legal services to the client
participant.
���� �Holistic representation team�
or �client team� means a client participant, a staff attorney of the Office of
the Public Defender or an attorney contracted by the Office of the Public
Defender to represent clients of the Office of the Public Defender, a client
services specialist, and other necessary persons.� �Client team� can include
other client advocates working in coordination with Office of Public Defender.
���� �New Jersey Holistic Representation
Model� shall mean the model of representation through the Office of the Public
Defender pursuant to which a client team collaborates to provide representation
services and address underlying issues contributing to the client�s involvement
in the criminal justice system.�
���� 4.� a.� The Public Defender
shall,
in each regional office, implement a
collaborative, team-based holistic representation model.� The model shall
include, but not be limited to, the appointment of a holistic representation
team
assigned to each client participant who is accepted into the program
based upon eligibility criteria established by the Office of the Public
Defender.�
���� b.� A holistic representation team
shall include, but not be limited to, a staff attorney, who shall be the head
of the client team, and
a
client services specialist.� The team may also include a mitigation
specialist, a system navigator, or other necessary persons to assist attorneys
and their clients.�
The entire client team shall be bound by the
attorney-client privilege.� A client team may include
other
client advocates working in coordination with Office of Public Defender
attorneys.�
���� c.� The staff attorney shall
provide legal services to the client participant.� Client services specialist
or other non-attorney members of the client team shall assess and connect the client
participant with services, programs and resources, including, but not limited
to, assistance with
mental health counseling, substance
abuse treatment, housing support, documentation acquisition, transportation
support, education services, veteran�s services, family support services,
employment, job training, and �occupational licensing
.� Non-attorney team
members shall also investigate participants� background and life circumstances
in order to provide accurate supports and, where appropriate, more accurate
information about defendants in the criminal justice process.
���� d.� The client services
specialist assigned to a team, or if more than one is assigned to a regional
office, the designated social work coordinator for the regional office, shall
maintain and utilize comprehensive databases of community-based service
providers, civil legal services, and additional resources to support client
referrals, support, and rehabilitation.� The databases shall be available for
use by the client team as well as Public Defender staff.�
���� e.� Public Defender staff
shall screen and interview clients to identify both legal needs and non-legal
needs that may contribute to criminal justice system involvement. Clients
meeting program criteria shall be referred to the New Jersey Holistic
Representation Model.
���� Upon referral,
interdisciplinary team members shall conduct a comprehensive assessment of the
client�s circumstances, which may include, but is not limited to, housing
instability, unemployment, mental health conditions, substance use disorders,
family instability, transportation barriers, or exposure to acute or chronic
trauma.
���� The client team shall connect
clients with appropriate community-based programs and services and shall
actively assist clients in accessing and participating in those services. The
program shall prioritize coordination with existing local providers and the
utilization of available public and community resources to address unmet needs
and reduce future system involvement.
���� The client team shall be
directed by the public defender staff attorney who represents the client.� Team
members shall be supervised by licensed social workers or experienced social
service professionals.
���� 5.� All client participants
shall be advised that participation in holistic representation is not intended
to replace the defense of pending criminal charges and participation in the
program is voluntary on the part of the client participant.� Except where
specifically authorized for release for the purpose of securing or aiding in
the process of securing service or accommodations for a client participant,
communications between the client participant and non-attorney advocates shall
remain confidential.
���� 6.� a.� The Office of the
Public Defender shall
develop or approve a training
course and curriculum for public defender staff on trauma-based approaches and
collaborative defense
practices and shall make the curriculum available to
all Office of Public Defender regional offices.� The training course and
curriculum shall be reviewed at least every two years by the Office of the
Public Defender and modified as needed.�
���� b.��� The Public Defender
shall be responsible for ensuring that all public defender staff complete
in-service training triennially on trauma-based approaches.
���� 7.� Confidentiality
requirements.� The Office of the Public Defender shall establish guidelines for
non-attorney advocates in the New Jersey Holistic Representation Model
concerning the use of information obtained through a client�s participation in
the program or in obtaining non-legal assistance in areas that include, but are
not limited to, mental health counseling, substance abuse treatment, housing
support, documentation acquisition, veterans services, family support services,
employment, job training, and occupational licensing.
���� 8.�
Within
one year after the effective date of this act, and annually thereafter, the
Public
Defender shall report to the Legislature pursuant to section 2 of P.L.1991,
c.164 (C.52:14-19.1), the Governor, and the Supreme Court on the actions taken
pursuant to this act and provide the most recent available data on the
participation and data outcomes of participation in the New Jersey Holistic Representation
Model.� Such report may be combined with that of� any other body, agency or
study group engaged in reviewing the administration� of criminal justice.� The
report shall include all pertinent data on the� operations of the office, the
costs, projected needs, and to the extent experience may indicate,
recommendations for statutory changes to the holistic defense program,
including changes in the criminal law or changes in court rules, as may be
appropriate to the improvement of the system of criminal justice, the control
of crime, the rehabilitation of offenders, and other related objectives.
���� 9. This act shall take effect
on the first day of the fourth month next following enactment but the Office of
the Public Defender may take such anticipatory action as may be necessary to
effectuate the provisions of this act.
STATEMENT
���� This bill establishes, on a
Statewide basis, a collaborative representation model in the Office of the
Public Defender known as New Jersey Holistic Representation Model.� This model
of public defender services, as is currently in operation in the Hudson,
Atlantic, and Monmouth regional offices, was created in collaboration with the
national nonprofit Partners for Justice.� The holistic model of representation has
demonstrated success in improving outcomes for public defender clients compared
to public defender clients not participating in a holistic approach to
defense.�
���� Under a holistic
representation model, which, under the bill, shall be both voluntary and
eligibility-based, a team-based approach is used to provide services for each
client participant. �The model consists of legal representation by a staff
attorney, and support services provided by professionals who are able to work
closely with clients to address underlying issues contributing to the client�s
involvement in the criminal justice system.� Under the bill, eligibility
criteria shall be established by the office of the Public Defender.
���� Accordingly, a critical member
of the client team of the holistic representation model is the �client services
specialist,� who shall be a client advocate, who is not acting in a clinical or
supervisory capacity, and who is responsible, under the general direction of
the attorney team member or a supervising attorney, for providing non-legal
representational services to the client participant either as an individual or
while directing other client support staff.� Key to representation under a
holistic representation model is the confidential nature of the attorney-client
relationship pursuant to which the non-attorney members of the client team are
able to adequately perform their functions without a mandatory reporting
requirement should otherwise reportable information be disclosed.
���� Under the bill, the non-attorney
members of the client team, under the general supervision of the attorney
member or supervising attorney, shall be responsible for conducting assessments
and connecting client participant services, programs and resources, including,
but not limited to, assistance with mental health counseling, substance abuse
treatment, housing support, documentation acquisition, transportation support,
education services, veteran�s services, family support services, employment,
job training, and occupational licensing.�
���� Under the bill, the client
services specialist member of the team shall maintain and utilize comprehensive
databases of community-based service providers, civil legal services, and
additional resources to support client referrals, support, and rehabilitation.�
���� Under the bill, all client
participants are to be advised that participation in the holistic
representation model is not intended to replace the defense of pending criminal
charges and participation in the program is voluntary on the part of the client
participant.� Under the bill, except where specifically authorized for release
for the purpose of securing or aiding in the process of securing service or
accommodations for a client participant, communications between the client
participant and non-attorney advocates shall remain confidential.
���� Under the bill, the Public
Defender is to develop or approve a training course and curriculum for public
defender staff on trauma-based approaches and collaborative defense practices
and shall make the curriculum available to all Office of Public Defender
regional offices.� This training course and curriculum shall be reviewed at
least every two years and modified as needed.�
���� The Public Defender shall be
responsible for ensuring that all public defender staff complete in-service
training triennially on trauma-based approaches.� The Office of the Public
Defender is directed to establish guidelines for non-attorney advocates in the
New Jersey Holistic Representation Model concerning the use of information
obtained through a client�s participation in the program or in obtaining
non-legal assistance.
���� Within one year after the
effective date of the bill, and annually thereafter, the Public Defender shall
report to the Legislature, the Governor, and the Supreme Court on the actions
taken pursuant to the bill and provide the most recent available data on the
participation and data outcomes of participation in the New Jersey Holistic Representation
Model.� The bill would permit the report to be combined with that of� any other
body, agency, or study group engaged in reviewing the administration� of
criminal justice.� The report shall include all pertinent data on the�
operations of the office, the costs, projected needs, and to the extent�
experience may indicate, recommendations for statutory changes to the holistic
defense program, including changes in the criminal law or changes in court
rules.