Establishes New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities.

S4046

SENATE, No. 4046

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 23, 2026

Sponsored by:

Senator� JOHN F. MCKEON

District 27 (Essex and Passaic)

Co-Sponsored by:

Senator Diegnan

SYNOPSIS

���� Establishes New Jersey Justice Center for the
Protection of Individuals with Intellectual and Developmental Disabilities.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
establishing
New Jersey Justice Center for the
Protection of Individuals with Intellectual and 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 may be cited as the "Protection of Individuals with Intellectual and
Developmental Disabilities Act."

���� 2.� 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.

���� "Department program or
facility" refers to a department-funded, -licensed, or -regulated program
or facility that provides services to individuals with intellectual and
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).

���� "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).

���� "Executive Director"
means the Executive Director of the Justice Center for the Protection of
Individuals with Intellectual and 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 another person�s
profit or advantage.

���� "Intellectual
disability" means the same as that term is defined by section 1 of
P.L.1981, c.405 (C.3B:1-2).

���� "Justice Center"
means the New Jersey Justice Center for the Protection of Individuals with
Intellectual and 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 9 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.

���� "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.

���� 3.� a.� There is established
in the Department of Human Services, the New Jersey Justice Center for the
Protection of Individuals with Intellectual and Developmental Disabilities. The
Justice Center shall be headed by an Executive Director, appointed by the
Governor with the advice and consent of the Senate.� The Executive 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 Justice Center to perform its duties
pursuant to this act and shall fix their compensation within the limits of
available appropriations and as is provided by law.�

���� b.� The Executive Director
shall establish policies and procedures for the Justice Center for the
protection of individuals with intellectual and developmental disabilities who
reside in or receive services from a department program or facility including,
but not limited to policies and procedures:

���� (1)� relating to assuring, on
behalf of the State, that individuals with intellectual and developmental
disabilities are afforded care that is of a uniformly high standard;

���� (2)� relating to assuring, on
behalf of the State, that individuals with intellectual and developmental
disabilities are afforded the opportunity to exercise all of the rights and
responsibilities accorded to residents of the State; and

���� (3)� to harmonize and improve
the procedures for and quality of investigations of reportable incidents
involving individuals with intellectual and developmental disabilities within
the different systems of care in the State.

���� c.� The Executive Director may
enter into contracts with any person, firm, corporation, municipality, or
governmental agency for the performance of functions authorized by law.� The
Executive 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 may be expended by the Justice Center to effectuate any requirements
of this act.

���� d.� The Executive Director
shall review the cost effectiveness of department programs and facilities for
individuals with intellectual and developmental disabilities with particular
attention to efficiency, effectiveness, and management, supervision, and
delivery of such programs and facilities .� Such review shall include:

���� (1)� determining reasons for
rising costs, if any, and possible means of controlling such costs;

���� (2)� analyzing and comparing
expenditures in the provision of services for individuals with intellectual and
developmental disabilities to determine the factors associated with any
variations in costs; and

���� (3)� analyzing and comparing
achievements in selected samples to determine the factors associated with
variations in patient outcomes and expenditures.

���� 4.� 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 and developmental disabilities in department 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.

���� 5.� The Justice Center shall
be granted access at any and all times to any department 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 Justice
Center�s functions, powers, and duties.� The Justice Center, or its employees
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.

���� 6.� The Justice Center shall
contain two separate units, headed by two distinct deputies, one who is
responsible for the prosecution of criminal matters and one who is responsible
for the resolution of non-criminal matters.� 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
such units in accordance with applicable State and federal laws, unless ordered
by a court in a pending proceeding.

���� 7.� a.� The Justice Center
shall employ a special prosecutor and inspector general for the protection of
people with intellectual and developmental disabilities, who shall be appointed
by the Governor.� When requested by the special prosecutor, 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 special prosecutor.�

���� b.� The special prosecutor
shall have the duty and power to:�

���� (1)�� investigate and
prosecute offenses involving the abuse, neglect, or exploitation of individuals
with intellectual and developmental disabilities; and

���� (2)�� cooperate with and
assist district attorneys and other local law enforcement officials in their
efforts against the abuse, neglect, or exploitation of individuals with
intellectual and developmental disabilities, provided that nothing herein shall
interfere with the ability of district attorneys, 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
district attorney or other appropriate law enforcement official.�

���� c.� The special prosecutor 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 special prosecutor's duties,
and may provide technical and other assistance to any district attorney or law
enforcement official requesting assistance in the investigation or prosecution
of abuse or neglect of individuals with intellectual and development disabilities.

���� d.� The special prosecutor
shall be empowered to apply for search warrants and, pursuant to section 2 of
P.L.1979, c.488 (C.2A:84A-21.10) and except in exigent circumstances, shall
give such notice as soon thereafter as is practicable; provided, however that
the failure to give notice of a search warrant application to a district
attorney shall not be a ground to suppress the evidence seized in executing the
warrant.� The special prosecutor may designate an assistant to exercise any of
such powers.

���� e.� The special prosecutor, or
one of the special prosecutor's assistants, may, after consultation with the
district attorney as to the time and place of such attendance or appearance,
attend in person any term of the county court or supreme court having
appropriate jurisdiction, including an extraordinary special or trial term of
the supreme court, 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 where 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 a disability.� In such
case, the special prosecutor or the special prosecutor's assistant may exercise
all the powers and perform all the duties in respect of such actions or
proceedings which the district attorney would otherwise be authorized or
required to exercise or perform.

���� 8.� The Justice Center 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;

���� c.���� identifying a process
for a coordinated approach to avoid the duplication of services and provide for
timely responses to allegations of reportable incidents in dually licensed or
co-located facilities and provider agencies, which shall include designation of
a lead agency primarily responsible for carrying out the responsibilities of a
facility or provider agency, including, but not limited to, incident management
and reporting of such lead agency, provided that in making any such designation
or re-designation of such lead agency, consideration shall be given to the
following factors:

���� (1)� the proportion of
services provided or recipients served in the dually licensed or co-located
facilities and provider agencies pursuant to each license or certification
granted by a State oversight agency; and

���� (2)� the designation or
re-designation that would best protect the health, safety, and welfare of
individuals with intellectual and developmental disabilities served by such
facilities and provider agencies, provided that once designated, a lead agency
shall only be re-designated as necessary to protect the health, safety, and
welfare of individuals with intellectual and developmental disabilities served
by such facilities and provider agencies.

���� d.��� where applicable,
establishing uniform procedures for character and competence reviews of
provider agencies initially, and upon renewal of licenses and operating
certificates, requiring a review of performance records regarding incident
management of reportable incidents affecting the safety of individuals with
intellectual and developmental disabilities, including cases of systemic
problems;

���� e.���� adopting and amending,
as appropriate, codes of conduct for all direct care staff members, 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 and
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 and
developmental disabilities, including their protection from abuse and neglect,
and to seek guidance and advice to resolve issues as needed when making
decisions relating to the individuals they serve;

���� (2)�� assist individuals with
intellectual and 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 their competency and skill-level
and knowledge of best practices for working with individuals with intellectual
and developmental disabilities in their respective direct care positions;

���� (4)�� promote and practice
justice, fairness, and equity for the individuals with intellectual and
developmental disabilities they support, uphold and respect their human and
civil rights, and respect their human dignity and uniqueness;

���� (5)�� assist, where
appropriate, the individuals with intellectual and developmental disabilities
they support in developing and maintaining relationships with family members,
friends, and the community-at-large;

���� (6)�� advocate with and on
behalf of individuals with intellectual and 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.� establishing procedures
for review of reportable incidents, 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;

���� g.� establishing or updating
existing training curricula for employers and employees who provide care and
treatment to individuals with intellectual and developmental disabilities, and
who are in supervisory positions with respect to such employees, regarding
their 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 by new and existing
employees.�

Such training, which shall be given
on a periodic basis, shall include live training and supplemental courses
accessible via the Internet.� Before the effective date of this act, the
Justice Center shall provide adequate interactive training, which shall include
live training to the extent practicable;

���� h.��� reviewing and evaluating
the criminal history information for 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 Department programs, facilities, or licensees
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;

���� i.���� visiting, inspecting,
or appraising the management of Department programs or facilities with specific
attention to the safety, security, and quality of care provided to individuals
with intellectual and developmental disablities�� receiving treatment or
services at such programs or facilities;

���� j.� placing department staff
as safety monitors in any department programs or facilities deemed appropriate
by the Executive Director;

���� k.� developing programs aimed
at assisting individuals with intellectual and developmental disabilities in
understanding their legal rights, and promoting and protecting the rights of
such individuals;

���� l.� advising and assisting
individuals with intellectual and 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
and developmental disabilities, including social services and supports,
advocacy, and legal assistance, and promoting awareness of the availability of
such resources;

���� m.� 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 and developmental disabilities to access
records and reports relating to patient care and treatment and all other
relevant documents from department programs and facilities.� Such pamphlet
shall include a discussion of how to appeal a decision denying a requested
record or report;

���� n.� 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 and
developmental disabilities in a manner that is respectful of the rights and
choices of individuals with intellectual and developmental disabilities;

���� o.� monitoring and making
recommendations regarding the quality of care provided to incarcerated
individuals with intellectual and developmental disabilities and individuals
with serious mental illness, including those who are in a residential mental
health treatment unit or segregated confinement in facilities operated by the
Department of Corrections;

���� p.� advising and assisting
educational institutions in the State in the development of courses of study
for persons engaged in public and private programs for individuals with
intellectual and developmental disabilities;

���� q.� conducting or causing to
be conducted such studies of the needs of individuals with intellectual and
developmental disabilities as may be appropriate;

���� r.� consulting with the
Commissioner of Education regarding the promulgation of rules and regulations
that every school bus driver and school bus attendant serving students with
intellectual and developmental disabilities receive training and instruction
relating to the understanding of and attention to the special needs of such
students;

���� s.� (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 Executive Director deems necessary and proper;

���� (2)� making findings
concerning such matters referred to the Justice Center's attention and, where
it deems appropriate, making a report and recommendations, which shall be
provided to the commissioner 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 Justice Center's
discretion, reviewing the policies and practices relating to the prevention of
abuse and neglect in department 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; and

���� t.� doing all other things
necessary to carry outs it functions, powers, and duties pursuant to this act.

���� 9.� a.� There is established
in the New Jersey Justice Center for the Protection of Individuals with
Intellectual and Developmental Disabilities the �Justice Center Disability
Mortality and Abuse Prevention Medical Review Board.�� The Medical Review Board
shall be composed of up to 15 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 shall be appointed for two-year
terms.� Vacancies shall be filled in the same manner as original appointments
for the remainder of any unexpired term.� Members shall continue in office
after the expiration of their terms until their successors have been appointed
and qualified.� Members shall receive no compensation for their services, but
shall be reimbursed for their actual and necessary expenses incurred in the
performance of their duties.� The Governor may remove any member of the board
whenever the Governor deems the public interest requires such removal.� In case
of such removal, the Governor shall 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 department program
or facility appears to have resulted from other than natural causes and warrants
investigation;

���� (2) �investigate the causes of
and circumstances surrounding such unusual death or deaths from other natural
causes of individuals with intellectual and developmental disabilities who
received services from such programs or facilities;

���� (3) �visit and inspect any
facility in which such a death 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
department program or facility, submit its report to the Executive Director
and, where appropriate, make recommendations to prevent the recurrence of such
death to the commissioner and to the director of the department program or
facility where the death occurred; and

���� (6) �advise the Executive
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 department 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 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.

���� 10.� The Commissioner of Human
Services, in collaboration with the Executive Director, shall jointly prepare
and submit an annual report to the Governor and to the Legislature, pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1), 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 types of department programs and facilities;

���� 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 Justice Center�s
actions taken to provide training pursuant to this act.

���� 11.� This act shall take
effect 90 days after the date of enactment, except that the Commissioner of
Human Services may take any anticipatory administrative action in advance as
shall be necessary for the implementation of this act.

STATEMENT

���� This bill establishes in the
Department of Human Services the New Jersey Justice Center for the Protection
of Individuals with Intellectual and Developmental Disabilities (Justice
Center).� 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 and developmental
disabilities.� There is a recognized need to strengthen and standardize the
safety net for individuals with intellectual and developmental disabilities
receiving services from programs or facilities that are funded, licensed, or
regulated by the Department of Human Services.

���� Under the bill, the Justice
Center is to be headed by an Executive Director, who will establish policies
and procedures for the Justice Center for the protection of individuals with
disabilities.

���� The Justice Center will house the
Central Registry of Offenders Against Individuals with Developmental
Disabilities, established pursuant to P.L.2010, c.5, and will perform all of
the necessary functions related to the receipt of reports of allegations of the
abuse, neglect, or exploitation of individuals with intellectual and
developmental disabilities in Department programs and facilities, the
investigation of such allegations, and the review of substantiated findings of abuse,
neglect, or exploitation.

���� The Justice Center will be
granted access to any Department program or facility and to all books, records,
and data pertaining to any such program or facility as deemed necessary for
carrying out the Justice Center�s functions, powers, and duties.

���� The Justice Center will
contain two separate units, headed by two distinct deputies, one who is
responsible for the prosecution of criminal matters and one who is responsible
for the resolution of non-criminal matters.

���� The Justice Center will employ
a special prosecutor and inspector general for the protection of people with
disabilities, who shall be appointed by the Governor.� The special prosecutor
will have the duty and power to:� (1) investigate and prosecute offenses
involving the abuse, neglect, or exploitation of individuals with intellectual
and developmental disabilities; and (2) cooperate with and assist district
attorneys and other local law enforcement officials in their efforts against
such the abuse, neglect, or exploitation of individuals with intellectual and
developmental disabilities.� The special prosecutor will be empowered to apply for
search warrants.� Under certain circumstances, the special prosecutor may
attend in person any term of the county court or supreme 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 where 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 a disability.

���� The bill establishes in the
Justice the �Justice Center Disability Mortality and Abuse Prevention Medical
Review Board,� composed of up to 15 members, including specialists in forensic
pathology, psychiatry, internal medicine, and addiction medicine, to be
appointed by the Governor.� The purpose of the Medical Review Board will be
to:� (1) make a preliminary determination as to whether the death of an
individual who was receiving services from a department program or facility
appears to have resulted from other than natural causes and warrants
investigation; (2) investigate the causes of and circumstances surrounding such
unusual death or deaths from other natural causes of individuals who received
services from such programs or facilities; (3) visit and inspect any facility
in which such a death 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 who was receiving services from a
department program or facility, submit its report to the Executive Director
and, where appropriate, make recommendations to prevent the recurrence of such
death; and (6) advise the Executive Director on medical issues relevant to the
functions, powers, and duties of the Justice Center.

���� The bill requires the
Commissioner of Human Services, in collaboration with the Executive Director,
to jointly prepare and submit an annual report to the Governor and to the
Legislature concerning the Justice Center�s work during the preceding year.�
Such report will be posted on the Justice Center�s Internet website, and will
include data regarding:� the number of reports received by the Central Registry
of Offenders Against Individuals with Developmental Disabilities; the results
of investigations disaggregated by types of Department programs and facilities;
the types of corrective actions taken; 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 the Justice Center�s actions taken to provide
training pursuant to this bill.