N.J. Stat. § 30:1B-1 Short title
This act shall be known and may be cited as the "Department of Corrections Act of 1976." L.1976, c. 98, s. 1, eff. Nov. 1, 1976.
N.J. Stat. tit. 30, ch. 1B
N.J. Stat. tit. 30, ch. 1B
in effectN.J. Stat. § 30:1B-2 Department of corrections; establishment; department defined
There is hereby established in the Executive Branch of the State Government a principal department which shall be known as the Department of Corrections. As used in this act, unless the context clearly indicates otherwise, "department" means the Department of Corrections. L.1976, c. 98, s. 2, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-3 Findings, declarations relative to purpose of department
3. The Legislature hereby finds and declares that the purpose of the department shall be to protect the public and to provide for the custody, care, discipline, training and treatment of adult offenders committed to State correctional institutions or on parole; to supervise and assist in the treatment and training of adult offenders in local correctional and detention facilities, so that such persons may be prepared for release and reintegration into the community; and to cooperate with the other law enforcement agencies of this State to encourage a more unified system of criminal justice. The Legislature further finds and declares that: a. There is a need to: (1) Provide maximum-security confinement of those offenders whose demonstrated propensity to acts of violence requires their separation from the community; and (2) Develop alternatives to conventional incarceration for those offenders who can be dealt with more effectively in less restrictive, community-based facilities and programs; b. The environment for incarcerated persons should encourage the possibilities of rehabilitation and reintegration into the community; and c. The incarcerated offender should be protected from victimization within the institution. L.1976,c.98,s.3; amended 1995,c.280,s.27.
N.J. Stat. § 30:1B-4 Commissioner of corrections; appointment; term; compensation
The head and chief executive officer of the department shall be a commissioner, who shall be known as the Commissioner of Corrections. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of his successor. The commissioner shall receive such salary as shall be provided by law. He shall devote his entire time to the performance of his duties. L.1976, c. 98, s. 4, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-5 Deputy and assistants; administrative divisions, personnel.
5. a. The commissioner may appoint one deputy and such assistant commissioners as he shall deem necessary to serve at the pleasure of the commissioner. Each deputy or assistant commissioner shall exercise such powers and perform such duties as the commissioner shall prescribe. The commissioner shall designate one department official to exercise the powers and perform the duties of the commissioner during his disability or absence. Notwithstanding the provisions of this subsection, the commissioner shall designate an assistant commissioner who shall be responsible for establishing and monitoring policies affecting incarcerated mothers with children. The assistant commissioner may be chosen by the commissioner from among the current employees of the department and may continue the duties and responsibilities of his regular employment in addition to the duties and responsibilities of the assistant commissioner position as provided in this subsection. b. The commissioner shall have the authority to establish, organize and maintain in the department such administrative divisions to perform all necessary personnel, planning, budget and finance, facilities and equipment services for the department and to assign such personnel thereto as he shall deem necessary. L.1976, c.98, s.5; amended 2009, c.328, s.4.
N.J. Stat. § 30:1B-6 Powers, duties of commissioner.
6. The commissioner, as administrator and chief executive officer of the department, shall: a. Administer the work of the department; b. Appoint and remove officers and other personnel employed within the department, subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, and other applicable statutes, except as herein otherwise specifically provided; c. Perform, exercise and discharge the functions, powers and duties of the department through such divisions as may be established by this act or otherwise by law; d. Organize the work of the department in such divisions, not inconsistent with the provisions of this act, and in such bureaus and other organizational units as he may determine to be necessary for efficient and effective operation; e. Formulate, adopt, issue and promulgate, in the name of the department such rules and regulations for the efficient conduct of the work and general administration of the department, the institutions or noninstitutional agencies within its jurisdiction, its officers and employees as may be authorized by law; f. Determine all matters relating to the unified and continuous development of the institutions and noninstitutional agencies within his jurisdiction; g. Determine all matters of policy and regulate the administration of the institutions or noninstitutional agencies within his jurisdiction, correct and adjust the same so that each shall function as an integral part of a general system. The rules, regulations, orders and directions promulgated by the commissioner for this purpose shall be accepted and enforced by the executive having charge of any institution or group of institutions or noninstitutional agencies or any phase of the work within the jurisdiction of the department; h. Institute or cause to be instituted such legal proceedings or processes as may be necessary to enforce properly and give effect to any of his powers or duties; for the purpose of any such investigation, he may cause to be examined under oath any and all persons whatsoever and compel by subpena the attendance of witnesses and the production of such books, records, accounts, papers and other documents as are appropriate. If a witness fails without good cause to attend, testify or produce such records or documents as are directed in the subpena, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons or subpena issued from a court of record in this State; i. Make a report in each year to the Governor and to the Legislature of the department's operations for the preceding fiscal year, and render such other reports as the Governor shall from time to time request or as may be required by law; j. Appoint such advisory committees as may be desirable to advise and assist the department or a division in carrying out its functions and duties; k. Maintain suitable headquarters for the department and such other quarters as he shall deem necessary to the proper functioning of the department; l. Develop and from time to time revise and maintain a comprehensive master plan for the State's correctional system which shall indicate, among other things, the department's goals, objectives, resources and needs; m. Promote the development of alternatives to conventional incarceration for those offenders who can be dealt with more effectively in less restrictive, community-based facilities; n. (Deleted by amendment, P.L.1995, c.280); o. Promote a unified criminal justice system, including the integration of State and local correctional programs and probation and parole services; p. Provide for the timely and efficient collection and analysis of data regarding the correctional system to insure the continuing review and evaluation of correctional services, policies and procedures; q. Perform such other functions as may be prescribed in this act or by any other law; and r. Compile and provide to the Department of Labor and Workforce Development and the Department of Human Services identifying information on each inmate incarcerated in each State institution at the time of incarceration. The information shall be transmitted electronically in a timely manner and shall provide identifying characteristics, including name and Social Security number, to be used by the Department of Labor and Workforce Development and the Department of Human Services to verify individuals' eligibility for benefit programs administered by each department. L.1976, c.98, s.6; amended 1995, c.280, s.282; 2013, c.274, s.4.
N.J. Stat. § 30:1B-6.1 Short title.
1. Sections 1 and 2 of this act may be known and shall be cited as the "Fair Release and Reentry Act of 2009." L.2009, c.329, s.1.
N.J. Stat. § 30:1B-6.2 Information provided to inmate prior to release; rules, regulations.
2. The Commissioner of Corrections shall provide to each inmate at least 10 days prior to release from a State correctional facility: a. A copy of the inmate's criminal history record and written information on the inmate's right to have his criminal records expunged under chapter 52 of Title 2C of the New Jersey Statutes; b. General written information on the inmate's right to vote under R.S.19:4-1; c. General written information on the availability of programs, including faith-based and secular programs, that would assist in removing barriers to the inmate's employment or participation in vocational or educational rehabilitative programs, including but not limited to, information concerning the "Rehabilitated Convicted Offenders Act," P.L.1968, c.282 (C.2A:168A-1 et seq.) and the certificate of rehabilitation under P.L.2007, c.327 (C.2A:168A-7 et seq.); d. A detailed written record of the inmate's participation in educational, training, employment, and medical or other treatment programs while the inmate was incarcerated; e. A written accounting of the fines, assessments, surcharges, restitution, penalties, child support arrearages, and any other obligations due and payable by the inmate upon release; f. (Deleted by amendment, P.L.2020, c.45) g. A copy of the inmate's birth certificate, as issued by the Department of Health, Office of Vital Statistics, if the inmate was born in New Jersey; h. Assistance in obtaining a Social Security card; i. A one-day New Jersey bus or rail pass; j. A two-week supply of prescription medication and, to the extent consistent with clinical guidelines, a two-week prescription order with two additional refills; k. General written information concerning child support, including child support payments owed by the inmate, information on how to seek child support payments and information on where to seek services regarding child support, child custody, and establishing parentage; and l. (1) A medical discharge summary, which shall include instructions on how to obtain from the commissioner a copy of the inmate's full medical record. Upon request from the inmate, the commissioner shall provide a copy of the inmate's full medical record in a safe and secure manner, at no charge to the inmate. (2) Within 90 days of the effective date of this act, the commissioner, in consultation with the State Board of Medical Examiners, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to ensure that these records are expeditiously and securely provided, in a manner consistent with the provision of medical records by other providers. L.2009, c.329, s.2; amended 2011, c.191, s.1; 2020, c.45, s.1; 2021, c.312, s.1.
N.J. Stat. § 30:1B-6.2a Commissioner's assistance in obtaining inmate's birth certificate.
2. The Commissioner of Corrections shall offer each inmate, upon request, at least 180 days prior to release from a State correctional facility, assistance with obtaining a copy of the inmate's birth certificate, as issued by the Department of Health, Office of Vital Statistics, if the inmate was born in New Jersey. The commissioner shall ensure that all inmates who were born in New Jersey are notified of their ability to obtain the commissioner's assistance in accessing their birth certificates pursuant to this section. L. 2021, c.312, s.2.
N.J. Stat. § 30:1B-6.3 Coordinator for Reentry and Rehabilitation Services.
4. a. The Commissioner of Corrections shall designate a staff member as Coordinator for Reentry and Rehabilitative Services. The coordinator shall be qualified by training and experience to perform the duties of this position. The coordinator may be chosen by the commissioner from among the current employees of the department and the chosen employee may continue the duties and responsibilities of the current position in addition to the duties and responsibilities of the coordinator position as provided in this section. b. The coordinator shall compile and disseminate to inmates information concerning organizations and programs, whether faith-based or secular programs, which provide assistance and services to inmates reentering society after a period of incarceration. In compiling this information, the coordinator shall consult with non-profit entities, including but not limited to the New Jersey Institute for Social Justice, that provide informational services concerning reentry, and the Executive Director of the Office of Faith-based Initiatives in the Department of State, and the Corrections Ombudsperson in, but not of, the Department of the Treasury. c. The coordinator shall ensure that inmates are made aware of and referred to organizations which provide services in the county where the inmate is to reside after being released from incarceration. The coordinator shall assist inmates in gaining access to programs and procuring the appropriate services. d. The coordinator may employ professional and clerical staff as necessary within the limits of available appropriations. L.2009, c.329, s.4; amended 2010, c.34, s.6.
N.J. Stat. § 30:1B-6.4 Notification to inmate of outstanding fines, assessments, warrants, detainers.
5. At the time of release from a State correctional facility, every inmate shall be notified in writing of all outstanding fines, assessments, and restitution charges ordered as part of that inmate's sentence, as well as any outstanding warrants or detainers. To assist in an inmate's transition and reentry into the community, no inmate shall be required to pay any portion of any outstanding fine, assessment, or restitution ordered as part of that inmate's sentence during the first 90 days following his release. During that 90-day period no warrant shall be issued against the inmate for any nonpayment of any such fine, assessment, or restitution. Nothing in this section shall be construed to diminish or in any way impair the inmate's responsibility for paying all such outstanding fines, assessments, and restitutions ordered by the court. L.2009, c.329, s.5.
N.J. Stat. § 30:1B-6.5 Short title.
1. This act shall be known and may be cited as the "Dignity for Incarcerated Primary Caretaker Parents Act." L.2019, c.288, s.1.
N.J. Stat. § 30:1B-6.6 Findings, declarations relative to incarcerated primary caretaker parents.
2. The Legislature finds and declares: a. A growing segment of the prison population typically is excluded from the criminal justice reform conversation and does not get the attention it deserves: primary caretaker parents behind bars. According to the Sentencing Project, in 2004, 52 percent of inmates in state prisons and 63 percent in federal prisons were parents of minor children. Most parents in prison are fathers, but the rate of female incarceration in America is growing at an alarming rate. While the number of fathers in prison increased 76 percent between 1991 and 2007, the number of mothers in prison increased by 122 percent during that period. b. Presumably, the considerable growth in incarcerated parents represents a considerable growth in incarcerated primary caretaker parents. This is significant because these parents face unique challenges. Their incarceration is not their burden to alone share; it also greatly impacts their family. Many incarcerated primary caretaker parents also are faced with difficult and competing choices, like whether to use their limited funds to communicate with their children or in the case of female inmates, to purchase hygiene products in the commissary. c. Therefore, it is necessary to create a strengthened Corrections Ombudsperson in the Office of the Corrections Ombudsperson to enforce the rights of inmates, provide access to the benefits to which they are entitled, and ensure accountability, transparency, monitoring, and continued improvements within all correctional facilities. d. It is time for this State to focus on its incarcerated primary caretaker parents and provide them with the protections they deserve. L.2019, c.288, s.2.
N.J. Stat. § 30:1B-6.7 Definitions relative to incarcerated primary caretaker parents.
3. As used in this act: "Department" means the Department of Corrections. "Isolated confinement" means the confinement of an inmate in a correctional facility, pursuant to disciplinary, administrative, protective, investigative, medical, or other classification, in a cell or similarly confined holding or living space, alone or with other inmates, for approximately 23 hours or more per day, with severely restricted activity, movement, and social interaction, and shall include, but not be limited to, administrative segregation, disciplinary segregation, solitary confinement, and protective segregation. "Office" means the Office of the Corrections Ombudsman. "Primary caretaker parent" means any inmate who has a child under the age of 18, who prior to the inmate's incarceration, spent the majority of days in the care of the inmate parent, and whose access to that child has not been terminated by court order, the inmate's own request, or other circumstance. "Restraint" mean any physical restraint or mechanical device used to control the movement of a inmate's or detainee's body and limbs, including, but not limited to, shackles, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security or tether chain, or a convex shield. L.2019, c.288, s.3.
N.J. Stat. § 30:1B-6.8 Duties of Commissioner.
4. The Commissioner of Corrections shall: a. place an inmate who has a minor child in a State correctional facility as close as possible to that child's place of residence at the request of the inmate and prior to sentencing; b. establish policies that encourage and promote visitation, particularly for inmates who are primary caretaker parents, including, but not limited to: (1) requiring the visitation program be in operation at least six days per week, including Saturday and Sunday, for at least three hours per visit; (2) prohibiting restrictions on the number of minor children allowed to visit an inmate; (3) authorizing up to three adult visitors; and (4) authorizing contact visits; c. prohibit the isolated confinement of a pregnant woman; d. prohibit a staff member of, or medical service provider for, a correctional facility from restraining a woman known to be pregnant or applying restraints during any stage of labor, any pregnancy related medical distress, delivery, or postpartum; e. provide parenting classes to primary caretaker parents; f. provide appropriate trauma informed care to inmates who are primary caretaker parents and train correctional police officers on how to interact with inmates who are victims of trauma; g. allow former inmates who have returned to society, after appropriate internal clearance, to mentor current inmates who are incarcerated primary caretaker parents and assist these inmates with reentry efforts; h. require standard feminine hygiene products, including but not limited to, tampons and sanitary pads, be provided at the request of and free of charge to female inmates, and petroleum jelly, aspirin, ibuprofen, and any other item deemed appropriate by the commissioner, to be made available to inmates from the commissary or medical department; i. restrict correctional police officers and other department employees from entering the restrooms and shower facilities of inmates of the opposite sex when occupied except when deemed necessary by the commissioner; and j. allow all pregnant women and inmates who are primary caretaker parents to enroll in residential drug abuse and mental health programs provided they meet the requirements of those programs. L.2019, c.288, s.4.
N.J. Stat. § 30:1B-6.9 Responsibilities of chief executive officer, warden.
5. The chief executive officer or warden of each county correctional facility shall: a. establish policies that encourage and promote visitation, particularly for inmates who are primary caretaker parents, including, but not limited to: (1) requiring in-person visitation three days per week, including Saturday and Sunday, for at least 30 minutes per visit; (2) prohibiting restrictions on the number of children allowed to visit an inmate consistent with current regulations; (3) authorizing up to two adult visitors; and (4) providing consistent access to contact visits; (5) authorizing contact visits with children; b. prohibit the isolated confinement of a pregnant woman; c. prohibit a staff member of, or medical service provider for, a county correctional facility from restraining a woman known to be pregnant or applying restraints during any stage of labor, any pregnancy related medical distress, delivery, or postpartum; d. provide parenting classes to inmates who are primary caretaker parents; e. provide trauma informed care to inmates who are primary caretaker parents and train correctional police officers on how to interact with inmates who are victims of trauma; f. allow former inmates who are participating members of a non-profit or reentry organization mentorship or visitation program approved by the chief executive officer or warden to mentor current inmates who are incarcerated primary caretaker parents and assist these inmates with reentry efforts; g. require standard feminine hygiene products, including but not limited to tampons and sanitary pads, be provided at the request of and free of charge to female inmates, and petroleum jelly, aspirin, ibuprofen, and any other item deemed appropriate by the chief executive officer or warden, to be provided at the request of and free of charge to inmates; h. restrict correctional police officers and other department employees from entering the restrooms and shower facilities of inmates of the opposite sex when occupied except when deemed necessary by the chief executive officer or warden; and i. allow all pregnant women and inmates who are primary caretaker parents to enroll in residential drug abuse and mental health programs provided they meet the requirements of those programs. L.2019, c.288, s.5.
N.J. Stat. § 30:1B-6.10 Coordination of reentry preparation, other rehabilitative services.
3. a. The Commissioner of Corrections and Chairman of the State Parole Board shall coordinate reentry preparation and other rehabilitative services for inmates in all State correctional facilities pursuant to P.L.2019, c.364 (C.30:4-123.55b et al.). Appropriate staff within the Department of Corrections and State Parole Board shall be responsible for engaging with each inmate to develop and implement an individualized, comprehensive reentry plan for services during the inmate's incarceration. This plan may be refined and updated during incarceration as needed, and shall include recommendations for community-based services prior to the inmate's actual return to the community. Appropriate staff within the Department of Corrections and State Parole Board shall determine what medical, psychiatric, psychological, educational, vocational, substance use disorder, and social rehabilitative services shall be incorporated into a comprehensive reentry plan in order to prepare each inmate for successful integration upon release. The Department of Corrections shall establish guidelines, timelines, and procedures to govern the institutional reentry plan process. b. Appropriate staff within the Department of Corrections and State Parole Board shall compile and disseminate to inmates information concerning organizations and programs, whether faith-based or secular programs, which provide assistance and services to inmates reentering society after a period of incarceration. In compiling this information, the appropriate staff shall consult with non-profit entities that provide informational services concerning reentry, the Executive Director of the Office of Faith-based Initiatives in the Department of State, and the Corrections Ombudsperson in, but not of, the Department of the Treasury. c. The State Parole Board shall ensure that all inmates are made aware of and referred to organizations which provide services in the county where the inmate is to reside after being released from incarceration. The State Parole Board shall assist inmates in gaining access to programs and procuring the appropriate post-release services. d. The Department of Corrections and State Parole Board may employ professional and clerical staff as necessary within the limits of available appropriations. L.2019, c.364, s.3; amended 2023, c.177, s.91.
N.J. Stat. § 30:1B-6.11 Centralized database for disciplinary reports.
6. The Commissioner of Corrections shall establish and maintain a centralized database of information contained on each disciplinary report prepared by a corrections officer in response to an inmate committing any prohibited act required to be reported to the prosecutor pursuant to regulations promulgated by the commissioner that resulted in a conviction during the current period of incarceration. L.2019, c.364, s.6.
N.J. Stat. § 30:1B-6.12 Allocation of cost savings.
12. The Commissioner of Corrections shall allocate a portion of any cost savings realized from the enactment of P.L.2019, c.364 to the Office of Victim Services for the operating costs of the Focus on the Victim Program and other services to facilitate inmates' successful reentry. L.2019, c.364, s.12.
N.J. Stat. § 30:1B-6.13 Additional training for correctional police officers.
1. a. In addition to the duties of the commissioner set forth in section 6 of P.L.1976, c.98 (C.30:1B-6), the commissioner shall institute a mandatory, annual in-service training program of at least 40 hours for each correctional police officer in every State correctional facility. The commissioner shall establish and incorporate in the in-service training program curriculum the concept that the core mission of a State correctional police officer is to treat every inmate with dignity, fairness, and respect. b. At least four hours of the mandatory 40 hours of training required by subsection a. of this section shall include training in: (1) sexual assault, sexual abuse, and sexual harassment prevention as required pursuant to the provisions of the federal Prison Rape Elimination Act (PREA), including, but not limited to: (a) relevant terminology set forth in the federal Prison Rape Elimination Act; (b) the methods available to report incidents of sexual abuse or sexual harassment of an incarcerated person; (c) confidentiality requirements related to reports of sexual abuse or sexual harassment of an incarcerated person; and (d) how to access emotional support services for incarcerated persons who are victims of sexual abuse or sexual harassment; (2) non-fraternization and undue familiarity; and (3) conditioning and manipulation awareness. c. Sixteen hours of the training required by subsection a. of this section shall be dedicated to topics chosen by the training department of each State correctional facility from a list of approved courses developed by the commissioner. d. The training required in subsection a. of this section shall be in addition to firearms qualification training and use-of force training. e. Twenty hours of the training required by subsection a. of this section shall include training in: (1) de-escalation, including training in interacting with combative or threatening inmates and inmates experiencing mental health crises; (2) minimization of use of force; (3) cultural diversity and implicit bias; (4) appropriate methods of engaging with inmates of diverse cultures and religions and inmates who are members of the lesbian, gay, bisexual, transgender, and questioning (LGBTQ) community and gender-nonconforming inmates; (5) the rights of inmates; (6) lifestyle stressors, self-awareness, and self-regulation; (7) officer and inmate safety; (8) communication skills; and (9) any other topic deemed necessary by the commissioner to advance the core mission of treating inmates with dignity, fairness, and respect. L.2019, c.410, s.1; amended 2021, c.305, s.2; 2025, c.305, s.7.
N.J. Stat. § 30:1B-6.14 In-service training on non-fraternization, undue familiarity.
2. The in-service training on non-fraternization and undue familiarity required by paragraph (2) of subsection b. of section 1 of this act shall include training on the parameters of authorized contact that a correctional police officer may have with a current and former inmate as follows: a. prohibit an officer from making personal contacts with or engaging in a personal relationship with a current inmate except as explicitly authorized; b. limit ongoing contacts with a current or former inmate, member of the inmate's family, or close associate of the inmate to those persons with whom the officer was acquainted or associated with before the inmate entered the correctional facility, and in these situations, require the officer to provide the officer's supervisor, in writing, of the nature, extent, and history of the relationship; c. prohibit an officer from engaging in any of the following activities related to an inmate, a member of the inmate's family, or a close associate of the inmate for a minimum of 90 days after the release of the inmate: (1) display favoritism or preferential treatment toward one inmate or group of inmates over another; (2) give gifts, favors, or services beyond those required by the facility; (3) accept for the officer or a family member of the officer any tangible or non-tangible personal reward or other consideration; (4) engage in any business relationship; (5) engage in any non-incidental contact outside the facility; (6) engage in a personal relationship; and (7) require any authorized contact to be conducted in a professional manner. L.2019, c.410, s.2.
N.J. Stat. § 30:1B-6.15 Provision of non-driver identification card.
2. a. The Commissioner of Corrections shall provide a non-driver identification card issued by the New Jersey Motor Vehicle Commission to each inmate, free of charge, as soon as practicable, but not less than 10 days prior to the inmate's release from a State correctional facility. The New Jersey Motor Vehicle Commission shall issue the identification card and accept a former inmate's Department of Corrections identification card as two points for the purposes of applying for the identification card. b. An inmate's Department of Corrections identification card shall be accepted by all State, county, and municipal agencies and New Jersey nonprofit organizations for six months following the date of release from incarceration to allow the released inmate to gain access to services for which the inmate is deemed eligible including, but not limited to, establishing the inmate's identity. c. Notwithstanding the provisions of subsection b. of this section, whenever Motor Vehicle Commission agencies are closed during a declared public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), a state of emergency, pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.), or both, the inmate's Department of Corrections identification card shall be accepted by all State, county, and municipal agencies and New Jersey nonprofit organizations in a manner as to allow the released inmate to gain access to services for which the inmate is deemed eligible for the duration of the public health emergency. L.2020, c.45, s.2; amended 2021, c.312, s.3.
N.J. Stat. § 30:1B-6.16 Assistance with applications for enrollment in certain programs.
4. a. The Commissioner of Corrections shall ensure that an inmate is assisted with completing, obtaining any required signatures or authorizations for, and forwarding for processing to the Department of Human Services as soon as practicable but not less than 30 days prior to an inmate's release from incarceration, an online application for enrollment in the Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). b. In addition to the requirements of subsection a. of this section, the Commissioner of Corrections shall also ensure that the inmate is assisted in completing, obtaining any required signatures or authorizations for, and forwarding for processing to the appropriate county welfare agency or board of social services, as soon as practicable but not less than 30 days prior to an inmate's release from incarceration, online applications for enrollment in the following programs: (1) the Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C.s.2011 et seq.); and (2) the Work First New Jersey program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.), which shall include, for inmates who are unable to identify a residence at the time of release, the application for emergency assistance benefits issued to Work First New Jersey recipients pursuant to section 8 of P.L.1997, c.14 (C.44:10-51). c. The Department of Human Services shall be required to accept and process the online applications for Medicaid received from the Department of Corrections pursuant to subsection a. of this section. d. If an inmate is unable to identify a residence at the time of application for benefits pursuant to this section, the Commissioner of Corrections shall, with the inmate's consent, ensure that the address of a reentry organization is used for the purposes of establishing proof of residence to meet any applicable eligibility requirements. The commissioner shall ensure that all inmates who are unable to identify a residence at the time of application for benefits are educated on their ability to select the address of the reentry organization as a residential address pursuant to this subsection. e. All State, county, and municipal agencies, for the purposes of establishing applicable eligibility requirements, shall: (1) accept the address of the reentry organization for an inmate who is unable to identify a residence at the time of application for benefits in accordance with subsection d. of this section; and (2) accept an inmate's Department of Corrections identification card to establish the inmate's identity. f. An inmate who appears to be eligible for Work First New Jersey assistance shall be screened for immediate need assistance. L.2020, c.45, s.4; 2021, c.312, s.4.
N.J. Stat. § 30:1B-6.17 Information provided to county welfare agency, board of social services.
5. a. The Commissioner of Corrections shall provide to the appropriate county welfare agency or board of social services, in advance of an inmate's release, the inmate's name, release date, and contact information, which shall include, but not be limited to, a telephone number or an email address. b. The commissioner shall provide to reentry organization selected as a residential address pursuant to subsection d. of section 4 of this bill, in advance of an inmate's release, the information required in subsection a. of this section unless the inmate requests that the information not be forwarded. L.2020, c.45, s.5; amended 2021, c.312, s.5.
N.J. Stat. § 30:1B-6.18 Inmate's use of the reentry organization's address.
16. An inmate released from a State or county correctional facility shall be authorized to use the address of a reentry organization as a mailing address in an application for benefits under the: a. Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); b. Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C.s.2011 et seq.); and c. Work First New Jersey program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.), provided the inmate consents to the use of the reentry organization's address as their mailing address. L. 2021, c.312, s.16.
N.J. Stat. § 30:1B-6.19 Shift overlap, State correctional facilities, information dissemination.
1. In addition to the duties of the commissioner set forth in section 6 of P.L.1976, c.98 (C.30:1B-6), the commissioner shall institute in each State correctional facility a shift overlap of 10 minutes for the purpose of information dissemination between correctional police officers beginning and ending their shifts. L.2023, c.196.
N.J. Stat. § 30:1B-7 Personal contact with institutions and noninstitutional agencies
The commissioner shall arrange for personal contact with each of the institutions and the work of the noninstitutional agencies by visitations and by such other means as he may determine to be necessary and proper, so that he may be as nearly as is practicable continually in touch with and informed concerning the general conditions and progress of the several institutions and noninstitutional agencies and the general results of the management thereof and the condition and welfare of the inmates and other persons committed or admitted. The commissioner shall visit and inspect each institution at least semiannually, at periods which shall not be fixed in advance. L.1976, c. 98, s. 7, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-8 Transfer to Department of Corrections.
8. The following correctional institutions of this State are hereby transferred from the Department of Institutions and Agencies to the Department of Corrections established hereunder: New Jersey State Prison, East Jersey State Prison, Bayside State Prison, Garden State Reception and Youth Correctional Facility, Albert C. Wagner Youth Correctional Facility, Edna Mahan Correctional Facility for Women, William H. Fauver Youth Correctional Facility, Adult Diagnostic and Treatment Center, Avenel. Any State institution and satellite facilities heretofore or hereafter established for any purpose similar to the above institutions and agencies shall be assigned to and maintained and operated by the Department of Corrections. L.1976, c.98, s.8; amended 1987, c.304, s.2; 1995, c.280, s.29; 2019, c.329.
N.J. Stat. § 30:1B-8.1 Name changes
Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to Trenton State Prison, the same shall mean and refer to New Jersey State Prison. Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to Rahway State Prison, the same shall mean and refer to East Jersey State Prison. Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to Leesburg State Prison, the same shall mean and refer to Bayside State Prison. L. 1987, c. 304, s. 3.
N.J. Stat. § 30:1B-8.2 Prohibits use of local governmental unit name
Any State correctional institution or satellite facility hereafter constructed or established shall not include as part of its name or title the name of any local governmental unit. L. 1987, c. 304, s. 4.
N.J. Stat. § 30:1B-8.3 Definitions
3. As used in sections 3 and 4 of P.L.1996, c.150 (C.30:1B-8.3 and 30:1B-8.4): "Commissioner" means the Commissioner of Corrections. "Facility" means a State correctional institution or facility listed in section 8 of P.L.1976, c.98 (C.30:1B-8). L.1996,c.150,s.3.
N.J. Stat. § 30:1B-8.4 Conditions of closing facilities, privatizing services
4. a. Except in the case of an emergency condition, the commissioner shall not implement a decision to close an existing facility or to privatize any services, functions or units of an existing facility, if the commissioner finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the commissioner has complied with the procedures set forth in this section. b. Pursuant to subsection a. of this section, the commissioner shall conduct at least one public hearing which shall be held in the region in which the facility is located, or a central location designated by the commissioner if more than one facility is affected by the decision, to provide an opportunity for the public to submit testimony on the proposed closing or privatization. The hearing shall be conducted at least 45 days in advance of a facility closure, or at least 30 days prior to the issuance of a Request for Proposal. For a facility closure, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a facility by the commissioner in accordance with subsection c. of this section. The commissioner shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or to submit written testimony. c. The Notice of Intent to close a facility pursuant to subsection b. of this section shall be mailed, telephoned, telegrammed or hand delivered to at least two newspapers for publication, at least one of which shall be within the geographic boundaries of the county where the facility is located. Failure to comply with the requirements of this subsection shall not invalidate or delay any facility closure. d. The commissioner shall prepare a report setting forth a fiscal impact analysis, policy rationale and summary of the testimony received at any hearing held pursuant to this section. This report shall be submitted to the chairmen of the Joint Budget Oversight Committee within five days of the issuance of a Notice of Intent to Award or within 30 days following the last scheduled public hearing for a facility closure. L.1996,c.150,s.4.
N.J. Stat. § 30:1B-9 Transfer of functions, powers and duties of division of correction and parole, and department and commissioner of institutions and agencies with respect to matters on correctional institutions
All functions, powers and duties of the existing Division of Correction and Parole, the Department of Institutions and Agencies, and the Commissioner of Institutions and Agencies with respect to all matters affecting State correctional institutions as defined herein, are hereby transferred to the Department of Corrections and Commissioner of Corrections established hereunder. L.1976, c. 98, s. 9, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-10 Transfer of functions and powers to Department of Corrections, rules, regulations
10. All functions, powers and duties of the Commissioner of Institutions and Agencies and the Department of Institutions and Agencies with respect to all county and city jails or places of detention, county or city workhouses, county penitentiaries, privately maintained institutions and noninstitutional agencies for the care, treatment, government and discipline of adult inmates are hereby transferred to the Department of Corrections established pursuant to section 2 of P.L.1976, c.98 (C.30:1B-2). The commissioner may, in accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate such rules and regulations as he shall deem necessary to establish minimum standards for such care, treatment, government and discipline. L.1976,c.98,s.10; amended 1995,c.280,s.30.
N.J. Stat. § 30:1B-10.1 Provision of mental health services to certain incarcerated persons
2. The Commissioner of Corrections shall provide or arrange for appropriate mental health services to State-sentenced incarcerated persons who suffer from mental illness, as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), but are not in need of inpatient treatment at a State psychiatric facility. The commissioner may, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations governing the provision of mental health services to inmates. L.1999,c.16,s.2.
N.J. Stat. § 30:1B-10.2 Inmate access to drug treatment program; rules, regulations.
1. a. Notwithstanding any rules or regulations to the contrary, no person incarcerated in a State correctional facility shall be denied access to participation in a drug treatment program which operates within a State correctional facility if the denial is based solely on that person having any detainer or open charge issued against him which precludes eligibility for full minimum custody status. b. The Commissioner of Corrections shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act. L.2017, c.23, s.1.
N.J. Stat. § 30:1B-11 Transfer of functions, powers and duties of department of institutions and agencies with respect to county work and vocational training release programs
All functions, powers and duties of the Department of Institutions and Agencies with respect to county work release and vocational training release programs are hereby transferred to the Department of Corrections established hereunder. L.1976, c. 98, s. 11, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-12 Transfer of appropriations and available moneys
All appropriations and other moneys available and to become available to any department, division, bureau, board or other agency, the functions, powers and duties of which have been assigned or transferred herein, are hereby transferred to the Department of Corrections established hereunder, and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by State or Federal law. L.1976, c. 98, s. 12, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-13 Transfer of employees
Such employees of any department, division, bureau, board or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Corrections or to any agency designated continued or constituted hereunder as the Commissioner of Corrections may determine are needed for the proper performance of the functions and duties imposed upon the Department of Corrections, or agency therein, are hereby transferred to the department or agency to which such functions, powers and duties have been herein assigned or transferred. L.1976, c. 98, s. 13, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-14 Preservation of rights of employees
Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system. L.1976, c. 98, s. 14, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-15 Special reemployment and layoff rights
Any employee not appointed or transferred pursuant to this act may exercise any special reemployment rights and may also exercise within all departments of the Executive Branch all other layoff rights which would have been available to said employee in the Department of Institutions and Agencies if the Department of Corrections had not been established. L.1976, c. 98, s. 15, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-16 Transfer of files, books, papers, records, equipment and property
All files, books, papers, records, equipment and other property of any department, division, bureau, board or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Corrections or to any agency designated, continued or constituted hereunder, shall upon the effective date of this act be transferred to the department or agency to which such assignment or transfer has been made hereunder. L.1976, c. 98, s. 16, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-17 Orders, rules and regulations; continuance after transfer
This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, division, bureau, board or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Corrections or to any agency designated, continued or constituted hereunder; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law. L.1976, c. 98, s. 17, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-18 Inapplicability of act to actions or proceedings, civil or criminal, of agency involved in transfer or assignment
This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, division, bureau, board or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Corrections or to any agency designated, continued or constituted hereunder, and pending on the effective date of this act, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect, nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any department, division, bureau, board or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Corrections or to any agency designated, continued or constituted hereunder, and all such matters or proceedings pending before such department, division, bureau, board or other agency on the effective date of this act shall be continued by the department or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect. L.1976, c. 98, s. 18, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-19 Reports, certifications, applications or requests made to agency involved in transfer; filing
Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the department, division, bureau, board or other agency, whose powers and duties are herein assigned or transferred, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the department or agency to which such assignment or transfer has been made hereunder. L.1976, c. 98, s. 19, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-20 References to division of correction and parole or commissioner or department of institutions and agencies to mean department or commissioner of corrections
With respect to the functions, powers and duties hereby transferred to the Department of Corrections, whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the Division of Correction and Parole within the Department of Institutions and Agencies or to the Department of Institutions and Agencies with respect to correctional institutions as defined herein, or to the Commissioner of Institutions and Agencies with respect to correctional institutions as defined herein, the same shall mean and refer to the Department of Corrections and the Commissioner of Corrections, respectively. L.1976, c. 98, s. 20, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-22 Transfer of state parole board
The State Parole Board in the Department of Institutions and Agencies, together with all of its functions, powers and duties, is continued but such board is hereby transferred to the Department of Corrections established hereunder. All personnel, appropriations, books, papers, records and property necessary to the operation of the existing State Parole Board are likewise transferred. All rules, regulations, acts, determinations and decisions in force at the time of such transfer proceedings or other such matters undertaken or commenced by the State Parole Board shall continue in force. L.1976, c. 98, s. 22, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-24 Rules and regulations
The commissioner may, in accordance with the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.), promulgate such rules and regulations as are necessary to effectuate the purposes of this act. L.1976, c. 98, s. 27, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-25 Salary of commissioner
The salary of the commissioner which by the provisions of this act is to be fixed by law, shall be at the annual rate of $43,000.00. L.1976, c. 98, s. 28, eff. Nov. 1, 1976.
N.J. Stat. § 30:1B-39 Definitions.
1. For the purposes of this act: "Employee" means a person employed by the State to work at a State correctional facility or a person employed by a private entity under contract with the State to provide contracted services at a State correctional facility. "State correctional facility" means a correctional facility listed in section 8 of P.L.1976, c.98 (C.30:1B-8). L.2019, c.408, s.1.
N.J. Stat. § 30:1B-40 Report of inmate abuse.
2. a. Any employee of a State correctional facility, who, as a result of information obtained in the course of his employment, has reasonable cause to suspect or believe that an inmate is being or has been abused by any other employee of the State correctional facility shall report the information in a timely manner to the person designated by the Commissioner of Corrections to receive the report pursuant to subsection b. of section 3 of P.L.2019, c.408 (C.30:1B-41). b. Any other person having reasonable cause to suspect or believe that an inmate is being or has been abused by an employee of a State correctional facility may report the information to the person designated by the Commissioner of Corrections to receive the report pursuant to subsection b. of section 3 of P.L.2019, c.408 (C.30:1B-41). c. The report shall contain the name of the inmate; the name of the employee who is suspected of abusing the inmate, if known; the name of the correctional facility and the unit in which the inmate is confined, if known; information regarding the nature of the suspected abuse; and any other information which might be helpful in an investigation of the case and the protection of the inmate. L.2019, c.408, s.2.
N.J. Stat. § 30:1B-41 Establishment of inmate abuse reporting program for State correctional facilities.
3. a. The Commissioner of Corrections shall establish an inmate abuse reporting program for State correctional facilities. The program shall provide, at a minimum, that employees of a State correctional facility are: (1) trained in recognizing probable incidents of or behavior that constitutes inmate abuse and other abuse prevention strategies; (2) informed of the duty to report the suspected inmate abuse pursuant to this act; and (3) provided with the name and telephone number of the person designated by the Commissioner of Corrections who shall be notified of any suspected inmate abuse. b. The Commissioner of Corrections shall designate one or more employees of the Department of Corrections who are not employees of any State correctional facility to serve as a contact person for an employee of a State correctional facility or any other person to notify if the employee or person has reasonable cause to suspect that an inmate is being or has been abused by any other employee of the correctional facility. c. The designated contact person shall transmit all reported incidents or allegations of inmate abuse to the Commissioner of Corrections or a designee. The commissioner shall cause a prompt investigation of any report of inmate abuse. d. The Commissioner of Corrections or a designee shall promptly report all instances of suspected inmate abuse, as determined by an investigation, to the county prosecutor of the county in which the State correctional facility is located. The report to the county prosecutor shall be in accordance with regulations or internal policies adopted by the commissioner in consultation with the County Prosecutors Association of New Jersey and the Attorney General. e. Upon receipt of a report pursuant to subsection d. of this section, the county prosecutor may conduct a review of the suspected inmate abuse and take any appropriate action. f. Nothing in this section shall preclude the Special Investigations Division in the Department of Corrections from conducting an investigation. L.2019, c.408, s.3.
N.J. Stat. § 30:1B-42 Confidentiality, immunity from liability, retaliation.
4. a. The name of any person who reports suspected inmate abuse pursuant to this act shall not be disclosed publicly, unless the person who reported the abuse specifically requests the disclosure, there is a judicial proceeding resulting from the report, or the disclosure is in accordance with the law. b. A person who reports suspected abuse pursuant to this act or who testifies in any administrative or judicial proceeding arising from the report or testimony shall have immunity from any civil or criminal liability and shall not be retaliated against on account of the report or testimony, unless the person has acted in bad faith or with malicious purpose. L.2019, c.408, s.4.
N.J. Stat. § 30:1B-43 Penalty for failure to report.
5. a. After all administrative appeals are exhausted and a final adjudication is made, any person required to report suspected inmate abuse pursuant to this act who fails to make the report shall be liable to a penalty of not more than $5,000. The penalty shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each violation of this act shall constitute a separate offense. b. Notwithstanding the penalty imposed pursuant to subsection a. of this section, any person required to report suspected inmate abuse pursuant to this act who fails to make the report shall be subject to internal departmental disciplinary action by the Department of Corrections. L.2019, c.408, s.5.
N.J. Stat. § 30:1B-44 Rules, regulations.
6. The Commissioner of Corrections shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act. L.2019, c.408, s.6.
N.J. Stat. § 30:1B-45 Liaison chosen, information provided.
7. An inmate chosen by inmates in a housing unit as the liaison between the correctional facility administration and the inmate population shall be provided with a copy of P.L.2019, c.408 (C.30:1B-39 et seq.). The liaison also shall be provided with a summary of the requirements under P.L.2019, c.408 (C.30:1B-39 et seq.) for dissemination to the inmates in the housing unit. L.2019, c.408, s.7.
N.J. Stat. § 30:1B-45.1 Special victim’s unit, Department of Corrections.
6. a. There shall be established within the Department of Corrections, under the Special Investigations Division, a special victim’s unit. The unit shall have all powers necessary or proper to thoroughly investigate allegations of sexual assault or other sexual misconduct in State correctional facilities. The unit shall investigate allegations of sexual assault or other sexual misconduct in a State correctional facility made by a victim or third party through a verbal, written, telephonic, electronic, or anonymous report in accordance with State and federal law. b. Every investigator and supervisor assigned to the special victim’s unit shall receive ongoing specialized training regarding investigating sexual assault or sexual misconduct allegations, including best practices for conducting trauma and gender informed and victim-centered investigations. c. The commissioner shall ensure that there is a confidential interview space in each State correctional facility for reporting sexual assault or sexual misconduct and interviewing victims or witnesses. d Every alleged victim shall be treated with dignity and respect and the unit shall ensure confidentiality and safety for the victim. L.2025, c.305, s.6.
N.J. Stat. § 30:1B-45.2 Information regarding sexual abuse, harassment of incarcerated persons to be provided at orientation, corrections.
8. The Commissioner of Corrections shall require information regarding sexual abuse and sexual harassment of incarcerated persons to be provided to every incarcerated person at orientation upon intake and periodically thereafter. The information shall include, but not be limited to: a. duties and responsibilities of the Department of Corrections under State and federal law regarding zero tolerance for sexual abuse and sexual harassment of incarcerated persons; b. definitions of sexual abuse, sexual harassment, gender, gender identity, trauma-informed searches, and privacy; c. official duties of correctional police officers related to allegations of sexual abuse or sexual harassment by an incarcerated person and mandatory reporting requirements; d. the rights of incarcerated persons related to sexual abuse or sexual harassment; e. methods for reporting sexual abuse, sexual harassment, and retaliation as a result of the report; f. how to access emotional support and trauma-informed services; g. identifying and addressing retaliatory actions and the commissioner’s responsibility to protect against retaliation; and h. confidentiality requirements regarding the report of sexual abuse or sexual harassment. L.2025, c.305, s.8.
N.J. Stat. § 30:1B-46 Policy to limit cross gender searches and surveillance in State correctional facilities.
1. The Commissioner of Corrections shall establish a policy to limit cross gender searches and surveillance in State correctional facilities. The policy shall: a. require a strip or body cavity search of an inmate to be conducted by an officer of the same gender who is specially trained to conduct these searches; b. authorize an exception to the requirements in subsection a. of this section only in cases of an emergency or other extraordinary or unforeseen circumstances; c. require a non-security employee to conduct the search if a facility does not have sufficient correctional police officers of the same gender as the inmate population; d. require the strip or body cavity search to conform with hygienic procedures and professional practices; e. prohibit correctional police officers from viewing inmates of the opposite gender who are nude or performing bodily functions except in an emergency or other extraordinary or unforeseen circumstances; f. require a facility to install privacy panels in shower and toilet areas when possible; g. require a verbal announcement to be made when correctional police officers or other employees of the opposite gender are in an area of the facility; h. when necessary to determine a transgender inmate's genital status, require the examination of the inmate to be conducted in a private setting by a medical practitioner; i. prohibit a correctional police officer or non-security employee from conducting a strip search on an inmate solely for the purpose of determining the inmate's biological sex or gender; j. prohibit lesbian, gay, bisexual, transgender, and questioning (LGBTQ) inmates from being subject to a more invasive strip or body cavity search than non-LGBTQ inmates; in the event an additional search is necessary, require the correctional police officer or non-security employee to obtain supervisor approval; k. require that a transgender inmate be permitted to indicate a preference for the gender of the correctional police officer or non-security employee who will perform the strip or body cavity search on the inmate and require that the request is to be honored unless exigent circumstances require an immediate strip or body cavity search by available personnel, as determined by a supervisor; l. require a transgender inmate who chooses to have a cross gender search conducted pursuant to subsection k. of this section to sign a cross gender search preference form; and m. include any other restrictions deemed appropriate by the commissioner. L.2019, c.409, s.1.
N.J. Stat. § 30:1B-47 Definitions relative to domestic violence.
1. As used in P.L.2021, c.233 (C.30:1B-47 et seq.): "Abuser" means the named perpetrator of the domestic violence in the documentation provided pursuant to paragraph (3) of subsection a. of this section. "Certified Domestic Violence Specialist" means a person who has fulfilled the requirements of certification as a Domestic Violence Specialist established by the New Jersey Association of Domestic Violence Professionals. "Designated domestic violence agency" means a countywide organization with a primary purpose to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined in the Division of Child Protection and Permanency in the Department of Children and Families and is under contract with the Department of Children and Families for the express purpose of providing those services. L.2021, c.233, s.1.
N.J. Stat. § 30:1B-48 Supervised community reintegration program established.
2. a. There is hereby established in the Department of Corrections a supervised community reintegration program. The department shall consult with a Statewide domestic violence advocacy organization in the establishment and administration of the program. The purpose of the program is to foster the successful community reintegration of certain domestic violence victims who meet the following criteria: (1) the inmate was convicted of crimes committed against the inmate's abuser as defined in section 2 of P.L.2021, c.233 (C.30:1B-48); (2) the inmate is serving a sentence of imprisonment and meets the eligibility criteria pursuant to rules and regulations established by the department for residential community programs; (3) the inmate is found to present a low risk of re-offense; and (4) the other requirements of this section are met. b. An eligible inmate approved for participation in the program established pursuant to this section shall undergo a period of rehabilitative services, be required to agree to participate in the program, and gradually transition to supervision in the community, which may include assignment to a residential community release program and participation in a work release program. c. The department may authorize the participation of an eligible inmate in the residential community release program in accordance with the requirements of section 3 of P.L.2021, c.233 (C.30:1B-49). An eligible inmate participating in the residential community release program shall remain in the custody of the Commissioner of Corrections and be subject to the department's rules and regulations. L.2021, c.233, s.2.
N.J. Stat. § 30:1B-49 Application by eligible inmate to participate in program.
3. a. An eligible inmate may apply to the Department of Corrections seeking participation in the residential community release program in a manner and form prescribed by the department. The application contain the following: (1) the crime for which the inmate is serving a sentence of imprisonment was committed against the alleged abuser and no one else; (2) the inmate has not been convicted of a crime of violence against a person other than the alleged abuser; and (3) documentation that the inmate is a victim of domestic violence, including, but not limited to: (a) a restraining order or other documentation of equitable relief issued to the inmate by a court of competent jurisdiction against the abuser; (b) a police record documenting the domestic violence between the inmate and the abuser; (c) documentation that the abuser has been convicted of one or more of the offenses enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19); (d) medical documentation of the domestic violence; (e) certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency that the inmate is a victim of domestic violence; or (f) other documentation or certification of the domestic violence provided by a social worker or other professional who has assisted the inmate in dealing with domestic violence or any sufficient documentary evidence that the inmate has been a victim of domestic violence by the abuser. b. Prior to considering an eligible inmate's application to participate in the residential community release program, the Department of Corrections shall cause to be completed application review materials, including a psychological evaluation of the applicant, an objective risk assessment, and a summary of the applicant's conduct regarding the offense, history, and evidence of abuse, and classification of institutional record since conviction. L.2021, c.233, s.3.
N.J. Stat. § 30:1B-50 Approval, admission to the program.
4. If the Department of Corrections finds that the requirements set out in sections 2 and 3 of P.L.2021, c.233 (C.30:1B-48 and C.30:1B-49) are met, the department may approve that inmate to be admitted to the residential community release program, and shall determine any special conditions of participation that shall apply. L.2021, c.233, s.4.
N.J. Stat. § 30:1B-51 Notice to county prosecutor or Attorney General.
5. a. Pursuant to rules and regulations established by the Department of Corrections, at least 10 working days prior to final determination of an application for participation in the program, the department shall notify the appropriate county prosecutor or the Attorney General, if appropriate. The notice shall be given in the manner prescribed by the department and shall contain all information and documentation relating to the application as the department shall deem appropriate and necessary, as well as information on the program and the consideration process. b. Upon receipt of the notice, the county prosecutor or Attorney General, as the case may be, may submit comments to the department. c. The information contained in any notice given by the department pursuant to this section and the contents of any comments submitted by a recipient in response thereto shall be confidential and shall not be disclosed to any person who is not authorized to receive or review that information or those comments. d. The department shall provide written notice of its decision to the county prosecutor or Attorney General, as the case may be. Nothing in this subsection shall be construed to limit the authority of the department to address a violation of a condition for participation in the program, including through dismissal from the program for a violation of conditions or a failure to meet the requirements of the program. L.2021, c.233, s.5.
N.J. Stat. § 30:1B-52 Rules, regulations.
6. The Department of Corrections, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may promulgate rules and regulations to effectuate the purposes of this act. L.2021, c.233, s.6.
N.J. Stat. § 30:1B-53 Short title.
1. This act shall be known and may be cited as the “Incarcerated Women’s Protection Act.” L.2025, c.305, s.1.
N.J. Stat. § 30:1B-54 Gender responsive risk, needs assessment, institutional classification process, corrections.
2. a. The Commissioner of Corrections shall provide a gender responsive risk and needs assessment as part of the institutional classification process. The assessment shall be based upon, but not limited to, the following principles: (1) acknowledging gender equity; (2) creating an environment based on safety, respect, and dignity; (3) developing policies, practices, and programs that are relational and promote healthy connections to children, family, significant others, and the community; (4) addressing substance use disorders, trauma, and mental health issues through comprehensive, integrated, and culturally relevant services and appropriate supervision; and (5) providing female incarcerated persons with opportunities to improve their socioeconomic conditions, including, but not limited to, ensuring that female incarcerated persons are eligible to participate in programs and services, established by the commissioner pursuant to R.S.30:4-92, that are available to male incarcerated persons. b. The commissioner shall establish a system of community supervision and reentry with comprehensive, collaborative services. c. The commissioner shall ensure direct supervision and oversight by correctional staff in order to identify potential issues and respond proactively before the issues escalate. d. The commissioner shall institute mandatory in-service training for every correctional police officer that supervises female incarcerated persons regarding gender responsive policies. The commissioner shall ensure that every correctional police officer that supervises female incarcerated persons completes this training annually. L.2025, c.305, s.2.
N.J. Stat. § 30:1B-55 Division of Women’s Services, Prison Rape Elimination Act Compliance Unit, Department of Corrections.
3. a. There is established in the Department of Corrections the Division of Women’s Services. The commissioner shall designate a director or assistant commissioner of the division, as determined appropriate by the commissioner, and provide appropriate staff to carry out the responsibilities of the division. The department shall develop policies, programs, and services necessary to service incarcerated women and to address: (1) the specific needs of female incarcerated persons, including treatment for physical or sexual abuse or other trauma, parenting issues, and child reunification; (2) the establishment of a system of structured incentives for female incarcerated persons, including, but not limited to, the establishment of: (a) specialized housing; (b) recreational and group activities; (c) housing representatives or a listening group consisting of female incarcerated persons chosen by other female incarcerated persons to act as a liaison between correctional facility administration and the incarcerated persons population; (3) the implementation of procedures which encourage female incarcerated persons to congregate in common areas rather than in isolated cells; and (4) any other areas deemed appropriate by the commissioner. b. Within the Division of Women’s Services there is established a Prison Rape Elimination Act (PREA) Compliance Unit. The unit shall be responsible for ensuring the department is in compliance with the federal Prison Rape Elimination Act, 34 U.S.C. s.30301. The commissioner shall designate an assistant commissioner of the unit and provide appropriate staff to carry out the responsibilities of the unit. L.2025, c.305, s.3.
N.J. Stat. § 30:1B-56 Doula services, incarcerated persons.
4. a. The Commissioner of Corrections shall provide doula services to incarcerated females who are pregnant. A support person providing doula services shall be permitted to attend and provide assistance during labor and childbirth with the approval of the commissioner. b. The commissioner shall allow an incarcerated female to have a support person present during labor and childbirth. c. The commissioner shall provide support services to incarcerated mothers, including, but not limited to, parenting classes. The incarcerated mother may participate in all prenatal and parenting classes made available by the commissioner. d. The commissioner shall make parenting classes and family reunification programs available to any incarcerated person in this State who is scheduled to be released from incarceration within six months. e. As used in this section, “doula services” means services provided by a trained doula for physical, emotional, or informational support to a pregnant woman before, during, and after the delivery of a child, including, but not limited to, support and assistance during labor and childbirth, prenatal and postpartum education, breastfeeding assistance, parenting education, and support in the event that an incarcerated female has been or will become separated from the incarcerated female’s child. L.2025, c.305, s.4.
N.J. Stat. § 30:1B-57 Pre-release case management, discharge planning sessions, resources from reentry services.
5. The Commissioner of Corrections, upon request by an incarcerated person, shall provide any incarcerated person in this State: a. the opportunity to participate in pre-release case management and discharge planning sessions; and b. resources from approved nonprofit incarcerated person reentry services, including information concerning organizations and programs, whether faith-based or secular, which provide assistance and services to incarcerated persons reentering society after a period of incarceration. L.2025, c.305, s.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026