SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 301

with committee amendments

STATE OF NEW JERSEY

DATED:  June 13, 2024

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 301.

As amended, the bill would establish a one-year pilot program, titled the “Pretrial Partnership for Community Support and Services Pilot Program,” to be operated in Camden, Cumberland, Monmouth, and Union counties.  The program would offer services and treatment to defendants on pretrial release, with the intent of bettering their health and social well-being in order to improve court appearance rates and enhance short-term and long-term public safety.

     A defendant arrested for a crime or offense in one of the aforementioned counties would be eligible to participate in the program if the court granted, pursuant to the procedure set forth in P.L.2014, c.31 (C.2A:162-15 et al.), pretrial release conditioned on monitoring by the Judiciary’s Pretrial Services Program.  A defendant who would qualify for release on the defendant’s own personal recognizance or on execution of an unsecured appearance bond could also voluntarily agree, upon petition to the court, to participate and be subject to the conditions of the program.

     As a condition of release established by the court, an eligible defendant would receive a biopsychosocial or other appropriate assessment and participate in an orientation which offers medical, psychological, or psychiatric treatment, as well as responsive services.  As amended, these services would be provided by, and coordinated through, an approved pretrial community support provider selected by the Administrative Director of the Courts.  The approved community support provider would be either a non-profit or for-profit organization that has provided, for a period of at least two years prior to the implementation of the pilot program, comprehensive reentry services within the State for incarcerated persons released from prisons or county jails which are similar to services to be available to participating defendants during their pretrial release.

     The assessment on an eligible defendant conducted by the approved community support provider would be required to include, but not be limited to:  (1) a screening for substance use disorders; (2) a medical, mental health, and behavioral health assessment including an evaluation of the defendant’s medical needs; and (3) an evaluation of the defendant’s employment readiness, capacity for independence, and ability to manage the defendant’s personal affairs.  The assessment would be used by the support provider to develop and implement an individualized pretrial plan for community-based services and needs for the defendant, which would be submitted to the court and the Pretrial Services Program.

     Successful participation by a defendant in complying with the conditions of the support provider’s individualized pretrial plan would be given due consideration by prosecutors in making charging decisions and sentencing recommendations, and by the court in ordering an appropriate sentence, as successful participation would be considered a mitigating sentencing factor.

     The bill also creates a five-member Pretrial Partnership for Community Support and Services Commission.  All five members would be appointed by the Governor, with one made based upon the recommendation of the Senate President, and one made based upon the recommendation of the Speaker of the General Assembly.  Among the other three appointments, two of these would be required to be public members with experience in the provision of assistance and services to defendants prior to, during, or after a period of incarceration.  The commission would be required to organize no later than 30 days following the appointment of its members.

     At the program’s conclusion,  the commission would make a report to the Governor and Legislature, which would include program data prepared by the pretrial community support provider, and make recommendations on whether the program should continue, or be expanded or modified.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

      The committee amendments to the bill:

       -  establish the pilot program in Camden, Cumberland, Monmouth, and Union counties, rather than only Monmouth and Union counties;

      - provide that the Administrative Director of the Courts will approve a pretrial community support provider, rather than the five-member commission created by the bill; and

      -  provide that eligible defendants receive a biopsychosocial or other appropriate assessment and define “other appropriate assessment” as “an evidence-based assessment designed to assess an eligible defendant’s need for services or treatment,” to help in developing and implementing an individualized pretrial plan for each eligible defendant.