SENATE LAW AND PUBLIC SAFETY COMMITTEE
STATEMENT TO
SENATE, No. 3530
with committee amendments
STATE OF NEW JERSEY
DATED: JUNE 19, 2025
The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 3530.
As amended and reported by the committee, this bill establishes the “Incarcerated Women’s Protection Act.” Under the bill, the Commissioner of Corrections is required to provide a gender responsive risk and needs assessment as part of the institutional classification process based upon certain principles. In addition, the commissioner is required to establish a system of community supervision and reentry with comprehensive, collaborative services and ensure direct supervision and oversight by correctional staff in order to identify potential issues and respond proactively before the issues escalate.
The bill also provides that the commissioner is required to institute mandatory in-service training for every correctional police officer who supervises female incarcerated persons regarding gender responsive policies and ensure that every correctional police officer who supervises female incarcerated persons completes this training annually.
Further, the bill establishes in the Department of Corrections the Division of Women’s Services. The department is to 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; 3) the implementation of procedures which encourage female incarcerated persons to congregate in common areas rather than isolated cells; and 4) any other areas deemed appropriate by the commissioner. There is also established a Prison Rape Elimination Act (PREA) Compliance Unit within the division that is responsible for ensuring the department is in compliance with the federal PREA.
Under the bill, the commissioner is required to provide doula services to incarcerated females who are pregnant and provide support services to incarcerated mothers, including but not limited to parenting classes. In addition, the commissioner is required to make parenting classes and family reunification programs available to any incarcerated person in the State who is scheduled to be released from incarceration within six months.
The bill also provides that the commissioner is required, upon request of an incarcerated person, to provide any incarcerated person in this State the opportunity to participate in pre-release case management and discharge planning sessions and provide resources from approved nonprofit incarcerated person reentry services.
The bill also establishes within the Department of Corrections a special victim’s unit which is to be under the Special Investigations Division. The unit is to have the powers necessary or proper to investigate allegations of sexual assault or other sexual misconduct at State correctional facilities. The unit is required to 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. In addition, every investigator is required to 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.
The bill repeals the section of law requiring the commissioner to submit all inmate complaints received by the Department of Corrections concerning female inmates to the Division on Women in the Department of Children and Families.
The bill also requires that the mandatory in-service training for correctional police officers include training regarding relevant terminology set forth in PREA; the methods available to report incidents of sexual abuse or sexual harassment of an incarcerated person; confidentiality requirements related to reports of sexual abuse or sexual harassment of an incarcerated person; and how to access emotional support services for incarcerated persons who are victims of sexual abuse or sexual harassment.
The bill also requires certain information regarding sexual abuse and sexual harassment of incarcerated persons to be provided to every incarcerated person at orientation upon intake and periodically thereafter.
Finally, the bill requires the establishment of a board of trustees for all adult male State correctional facilities and a board of trustees for all adult female State correctional facilities. The bill also repeals the section of law establishing the board of managers for youth correctional facilities.
COMMITTEE AMENDMENTS:
The committee amended the bill to:
1) change the title of the act to the “Incarcerated Women’s Protection Act”;
2) provide that the Commissioner of Corrections is to designate a director or assistant commissioner of the Division of Women’s Services, as determined appropriate by the commissioner; as introduced, the commissioner was to designate a director;
3) require the Department of Corrections to develop policies, programs, and services necessary to service incarcerated women and to address certain issues; as introduced, the Division of Women’s Services was to develop the policies, programs, and services;
4) require the Commissioner of Corrections to designate an assistant commissioner of the Prison Rape Elimination Act (PREA) Compliance Unit; as introduced, the commissioner was to designate a director;
5) provide that a support person providing doula services is to be permitted to attend and provide assistance during labor and childbirth with the approval of the commissioner; as introduced, a person providing doula services was to be permitted to attend and provide assistance during labor and childbirth;
6) remove the requirement for a person to be scheduled to be released from incarceration within six months in order to receive certain services;
7) provide that upon request, the Commissioner of Corrections is required to provide any incarcerated person in this State the opportunity to participate in pre-release case management and discharge planning sessions; as introduced, the commissioner was required to provide the opportunity to participate in counseling sessions;
8) remove the requirement that the special victim’s unit be adequately funded and staffed with the requisite number of investigators with expertise and training necessary to carry out the duties of the unit;
9) require the establishment of a board of trustees for all adult male State correctional facilities and a board of trustees for all adult female State correctional facilities;
10) repeal section 7 of P.L.2009, c.328 (C.30:4-8.8), which requires the commissioner to submit all inmate complaints received by the Department of Corrections concerning female inmates to the Division on Women in the Department of Children and Families;
11) repeal section 3 of P.L.1963, c.65 (C.30:4-146.1), which establishes the board of managers for youth correctional facilities;
12) change the effective date to immediately; and
13) make other clarifying and technical changes.