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Prisoner Re-Entry - New Jersey

Page history last edited by Renato Nuñez 3 years, 9 months ago

Front Page / Issue Briefs / Justice, Crime and Public Safety / Prisoner Re-Entry / USA / New Jersey

 

Issue Brief

 

Prisoner Re-Entry - New Jersey

 

 

Scope of the Problem  factual statements on the extent of the problem in the past, current, or future


  • New Jersey Prisoners Returning Home 

    • In 2010, the Department of Corrections reported a recidivism rate of 57% (an increase of 17% since 2002).[1] 
    • 95-97% of individuals incarcerated will return home at some point.[2]
      • In 2002, 14,849 individuals were released to community from New Jersey prisons.[3]
      • In 1994, 62% of prisoners released were rearrested within three years. 
        • 43% were re-convicted of another crime.
        • 38% were re-incarcerated. 
      • 40% of inmates released in 2002 were incarcerated for violation of parole.[4]
        • 12% were in the custody of the Department of Corrections in June of 2003.[5]
      • In 2002, 95% of prisoners released from New Jersey prisons returned to communities in the State.
        • 16% returned to Essex County and 15% returned to Camden County.
        • 13% of all releasees returned to Newark and 10% of all releasees returned to Camden.

 

  • New Jersey Prisoners

    • As of 2010, 32% of state inmates had at least one diagnosed chronic or communicable physical or mental-health condition.[6]
      • At least 50% of individuals coming out of prison have substance-abuse issues.
      • Individuals leaving prison have an average 6th-grade reading level and a 5th-grade math level.
        • 67% do not have a high school diploma or GED. 
    • In 2002, 18% of released inmates suffered from at least one chronic condition, e.g. asthma, diabetes, hypertension.[7]
      • 10% were diagnosed with at least one communicable disease or condition, e.g. Hepatitis-B &-C, HIV, AIDS, tuberculosis, syphilis, chlamydia, gonorrhea.
      • 11% were diagnosed with mental illness.
      • Over 50% were diagnosed or assessed to have a drug or alcohol problem.  
    • In 2001, only 23% of prisoners participated in academic or vocational training.
      • The average inmate reads at a sixth-grade level and has about fifth-garde math skills.
    • The number of prisoners released without supervision increased 450% between 1990 and 2001.
      • Parolees account for 64% of the returning prisoner population in New Jersey as of 2002, compared to 81.4% in 1990.
        • 36% of population released without supervision were released under mandatory time limit.
          • 52% of those released by mandatory release had previously been paroled and returned to prison for violation.
        • 47% of individuals on Division of Parole's caseload in 2003 were under regular supervision.
        • Over two-thirds were required to report to parole officer biweekly, weekly, or daily. 
        • The ongoing flow of large concentrations of residents out of and into a few isolated neighborhoods can undermine neighborhood  stability and strain community resources. 

 

Past Policy & Program Milestones  key legislation and milestones including significant policy and funding shifts, major studies, etc.


  • Governor's Safe Streets and Neighborhoods Strategy - goal to reduce violent crime and recidivism in New Jersey. It involves four main areas of attention: Enforcement, Prevention, Prisoner Reentry, and Oversight and Accountability. The Reentry aspect focuses on reducing the recidivism rate to improve public safety and save resources through several initiatives.[8] 

    • Coordinate and create accountability for reentry through the creation of a Reentry Oversight Committee.

    • Launch a reentry Demonstration Project with focused programming for up to 1,300 offenders.

    • Increase support and opportunities for youth returning home from Juvenile Justice Commission institutions. 

    • Address unique needs of reentering ex-offenders through systemwide change.

    • Modify certain barriers to reintegration, with a focus on relieving impediments for persons who establish rehabilitation.

  • In 2009, a package of reentry bills were passed by the legislature and signed into law. The bills were:
    • A4917 - Establishes the "Women and Families Strengthening Act." The purpose of the act is to enhance the chances of successful reentry into society of incarcerated persons.
    • A4201 - Establishes the "Fair Release and Reentry Act 2009." Provides for programs and services for inmates and formerly incarcerated persons; institutes certain administrative procedures; and creates a mental health court.
    • A4202 - Concerns parole eligibility and supervision, prison visitation, and training and education standards for incarcerated persons.
    • Prior to the 2007 Rehabilitated Convicted Offenders' Act, the New Jersey Anti-Discrimination Laws provided absolutely no protections for men and women with records. The Act, however, only covers licensing issues, and the general anti-discrimination laws in New Jersey do not protect individuals from discrimination based on criminal records. [9]

 

Current Policy & Programs  summary of current policies in the form of legislation, programs, and funding


 

  • New Jersey Government Expenditures on Public  Safety and Criminal Justice

    • In 2010, New Jersey will spend over $2 billion of its $28.3 billion budget (nearly 10%) on public safety and criminal justice.[10]
      • The $1 billion budget for the DOC makes it the state's single largest operating agency.
        • DOC spends $31 million on community assessment centers and other assessment of individuals in the criminal justice system.
          • The agency's largest reentry line items are $33.5 million it spends on Residential Community Release Programs.
          • About $20 million is spent on in-prison educational programs. 
      • The State Parole Board spends about $100 million to oversee 58% of newly released offenders under its jurisdiction.
      • The Departments of Labor and Workforce Development (LWD), Human Services (DHS), and Law and Public Safety spend an additional $180 million on about 55 distinct programs designed to help individuals returning to their communities after time in prison.  
    • Between 1980 and 2002, the per capita rate of imprisonment rose 336% compared to a national increase of 228%.[11]
      • In Fiscal Year 2003, the New Jersey Department of Corrections spent $858 million, approximately $28,000 per inmate.
      • In 2002, New Jersey spent over $53 million a year to imprison residents from Newark, and $53 million a year incarcerating residents from Camden.
        • Respectively, $1 million is spent each year incarcerating people from a single block in the West Ward of Newark, and from a single block in Camden.  

 

 

  • New Jersey Opportunity to Compete Act 
  •    Most recent Laws
    • P.L. 2009, c. 328: "Strengthening Women and Families Act" Lifts the ban on food stamps and TANF benefits for individuals with felony drug convictions who have dependent children; Establishes a commission to strengthen bonds between incarcerated parents and their children; Requires classification assignments to place inmates as close to family as possible; Prohibits confining female inmates to male institutions; Establishes the Division on Women as the semiannual depository for all female inmate complaints; Assigns a DOC Deputy Commissioner to be in charge of issues involving mothers with children; Provides inmates with information about child support modifications; Requires inmate's visitation status to be placed on the DOC website.[12]

 

    • P.L. 2009, c. 329: "Reduction of Recidivism Act" Provides individuals leaving prison with written notification of fines, outstanding warrants, voting rights, and expungement options, a government-issued ID card, birth certificate, a list of prison programs participated in, medical records, Social Security card, medication, a one-day bus or rail pass, and a rap sheet; Eliminates post-release Medicaid enrollment gap; Requires the NJDOC to report to the Governor and Legislature on the results of recidivism-reducing measures; Allows for a 90-day grace period for outstanding fines; Establishes a Prisoner Reentry Commission; Assigns the DOC with the dissemination of information on available reentry services to returning inmates; Provides returning inmates with an outside checking account and gives banks the option of issuing a debit card using funds in his/her inmate account; Requires DOC-issued ID Card to count as two points when obtaining a driver's license.[13]

 

    • P.L. 2009, c. 330: "Education and Rehabilitation Act" Requires the New Jersey Department of Corrections to ensure that incarcerated individuals attain the 12th-grade education proficiency level, or GED; Reviews vocational programs in order to meet demanded job skills and standards; Allows formerly incarcerated persons to visit any prison in the State for motivational purposes; Establishes a peer inmate mentoring program in each facility; Establishes the "contract parole" option and annual review for defendants who want to rehabilitate; Provides options for special credits for educational and work force training skills progress to the SPB; Requires the DOC's education department to use volunteers, technology, and private resources; Requires DOC to report an inmate's educational and work force training skills progress to SPB; Permits DOC's education department to use digital and on-line technology; Establishes educational and programmatic benchmarks that must be reached within nine years; Assigns the Re-Entry Commission with reviewing DOC educational programs and policies; Caps parole "hits" at three years before being given another hearing; Mandates all community release beds be filled by eligible prisoners before county jail beds; mandates inmates to participate in education and work force training programs; Ensures all vocational programs issue state recognized certification.[14] 

 

  • Governor Christie's Initiative on Reentry

    • the initiative is a cross-departmental effort to expand the Drug Court Program, improve program management, and coordination and accountability for the best results with the goal of reducing recidivism and helping men and women with records transition back into society mores successfully. The initiative includes:[15]

    • The expansion of the Drug Court Program by identifying eligible drug addicted non-violent offenders, providing them with clinical assessments to determine their suitability for drug court and sentencing those offenders to the drug court program regardless of their desire to enter the program. The Governor’s Re-entry Task Force will be tasked with working with the judiciary to facilitate a suitable expansion of this program beginning with two vicinages to be determined through this effort.

    • The creation of the position of Coordinator for Prisoner Re-entry in the Governor's Office with the goal of conveying and implementing the Governor’s vision for an improved prisoner re-entry scheme.

    • Ongoing program assessment and measurement. The Governor's Re-entry Coordinator and Task Force will work to facilitate a professional benchmarking assessment that will evaluate the effectiveness of all re-entry programs offered.

    • The establishment of a real-time recidivism database. After the program assessment is completed, that data will be used to populate a database, which will allow the Administration to track outcomes for individuals and trends and level of effectiveness in programs in a real-time manner.

    • The creation of a Governor's Re-entry Task Force. See Executive Order No. 83.

 

    • Executive Order No. 83

      • Governor Christie singed Executive Order No. 83 on November 28, 2011 establishing the Governor's Task Force for Recidivism Reduction."[16]
      • The Task Force is led by a Director, selected by the members of the Task Force, and the Chairman on the State Parole Board.
      • The Task Force is made up of representatives from Department of Corrections, State Parole Board, Motor Vehicle Commission, Department of Human Services, Department of Health and Senior Services, Department of Military and Veterans Affairs, Department of Law & Public Safety, Juvenile Justice Commission, and the Department of Community Affairs. 
      • The Task Force will develop recommendations for the Governor regarding how best to ensure the effectiveness and success of New Jersey’s efforts towards recidivism reduction, including an initial benchmarking study of existing program effectiveness and performance, and the development and implementation of a system to measure program effectiveness in an ongoing, real-time way.

 

  • The New Jersey State Parole Board (SPB)

    • The New Jersey State Parole Board works to ensure ex-prisoners return to society as law-abiding citizens. As required by law, appointed Parole Board Members and staff conduct more than 20,000 hearings per year, solicit input from victims and decide parole matters. SPB sworn parole officers supervise more than 15,000 offenders statewide. In addition, SPB is New Jersey's primary law enforcement agency responsible for sex offender supervision. SPB officers are also active partners with multiple Federal, State and local law enforcement agencies and task forces. Finally, SPB's Community Programs Unit partners with government, non-profit and private agencies to connect ex-prisoners with vocational, mental health and related services, targeted to break the cycle and risk of crime.[17] 

 

    • Under New Jersey law, an inmate becomes eligible for parole consideration after serving one-third of his or her prison sentence, with the exception of cases in which the offender was sentenced to a period of parole ineligibility. The first step in this process is the initial hearing. Hearing officers in the Division of Release conduct this preliminary review of the inmate's appropriateness for parole release. The hearing officer reviews professional reports concerning the inmate's criminal history including the current offense, the inmate's social, physical, educational and psychological progress, and an objective social and psychological risk and needs assessment. The hearing officer then summarizes the case for the designated Board Members review. 

 

    • The next step in the process is the panel hearing. The inmate appears before a Board panel (two-member panel of Board members) who will decide whether to grant or deny parole. The Board Panel considers all relevant factors and evidence, including evidence and testimony provided by the inmate. The Board then decides whether or not to grant parole. If parole is not granted, the panel will set a Future Eligibility Term (FET). If parole is granted, the Board Panel may also refer the parolee to the State Parole Board's Division of Community Programs for assignment to a specific rehabilitative program.

      • If the Board Panel decides to grant parole release to an inmate, the Panel will schedule the future date at which the inmate is to be released. If the State Parole Board receives additional information prior to the inmate's release, such as information that the inmate has committed a new institutional infraction, or information not considered during the Board Panel hearing, the State Parole Board may assign a hearing officer to conduct a rescission hearing to determine whether good cause exists to rescind the grant of parole

      • If a parole officer has reason to believe a parolee has failed to comply with the conditions of parole, the officer may arrest the parolee and return him or her to custody pending a hearing. The State Parole Board will assign a hearing officer to conduct a revocation hearing. The revocation hearing will determine whether by clear and convincing evidence the charged violations were found to have been committed, and whether the sustained parole violations were serious or persistent enough to warrant the revocation of parole, or require action such as setting new conditions of parole.

 

    • The Division is responsible for the supervision of more than 15,000 offenders statewide. These include offenders approved for parole release by the appointed Parole Board Members, as well as offenders released to Mandatory Supervision (MSV) under the No Early Release Act, sex offenders sentenced to Community Supervision for Life (CSL) or Parole Supervision for Life (PSL), and certain sex offenders subject to Global Positioning System (GPS) monitoring.

      • One vital tool in this effort is the use of Evidence-Based Practices (EBP) for supervision. Under EBP, the parole officer holds the offender accountable for taking the steps to successfully reenter society. EPB starts with an objective risk assessment tool that records each offender's criminal history, educational or vocational needs, any mental health issues, and other factors that must be considered when planning the individual offender's successful reentry. The offender is required to sign a case plan agreement that outlines specific short-term and long-term goals essential to reentry. The parole officer then uses targeted sanctions and rewards, to encourage the offender's progress toward those goals. Persistent failure to follow the case plan agreement could lead to more intensive supervision, or a referral to specialized programs under the State Parole Board's Division of Community Programs. When warranted, persistent failures would result in the offender's arrest and return to incarceration.

 

    • The Community Programs Division is dedicated to developing, coordinating and managing the provision of quality treatment and services to individuals under parole supervision. This is done through community-based programs, community partnerships, grant initiatives and special projects designed to support the re-entry and effective supervision of offenders, to promote pro-social behavior and to improve the quality of lives in our communities. This Division administers contracts for the operation of Community Resource Centers, the Reentry Substance Abuse Program (RESAP) and Stages to Enhance Parolee Success (STEPS) residential programs, the Mutual Agreement Program (in partnership with the Department of Human Services, Division of Addiction Services), and other specialized programs. Responsibilities include contract administration, grant management, offender referral and placement, program monitoring, quality assurance, development of applicable policies and procedures, and maintenance of essential records and data.
      • The State Parole Board and its District Parole Offices work in partnership with community-based programs to develop and maintain a continuum of treatment, support services and supervision that encourage and aid offenders in completing their supervision in the community. 
      • Community Resource Centers (CRC) are non-residential programs that provide a number of services to male and female offenders. In addition, CRC programs also provide "step down" services for offenders transitioning from residential community programs. CRC's are operational seven (7) days per week to provide offenders with the appropriate level of services to aid with their successful community adjustment. 
      • Mutual Agreement Program (MAP) facilities are private, not-for-profit, licensed residential substance abuse treatment programs located throughout the State.
      • The Primary purpose of the Stages to Enhance Parolee Success (STEPS) Program is to provide a network of comprehensive, community-based residential programs to provide specialized supportive reentry services to address the needs of both male and female parolees.
      • The primary purpose of the Re-entry Substance Abuse Program (RESAP) is to provide a network of comprehensive, community-based residential substance abuse programming for both male and female parolees. 

 

  • Collateral Consequences to Incarceration - Legal Barriers to Prisoner Reentry 

    • Employment[18]

      • The National Employment Law Project released a resource guide in 2013 documenting the cities and counties in the United States that have recognized the devastating effects of the background check industry on employment. While the number of workers with criminal records continues to rise, more employers are using the background check industry as a means to screen employment. This resource guide shows the cities and counties that have taken steps towards reforming the employment process by adopting an initiative, known as "Ban the Box." The "Ban the Box" initiative calls for the "box" that one checks to indicates whether or not he or she has ever been convicted of felony to be removed from employment applications. Two cities in New Jersey have adopted this ordinance: Atlantic City and Newark.[19]

      • The Rehabilitated Convicted Offenders' Act (RCOA) was adopted in 2007 to override the general licensing bar for men and women with records. It provides that any licensing authority cannot discriminate or disqualify an applicant on the basis of conviction of a crime or disorderly person offense, except in the case of public employees convicted of offenses touching on their public offices or crimes relating adversely to the occupation for which the license is sought. If a licensing authority seeks to disqualify an individual based on conviction for a crime relating adversely to the occupation, trade, vocation, profession, or business for which the license is sought, it must explain in writing how a list of factors relate to the license or business sought and allow for evidence of rehabilitation to be presented (N.J.S.A. §2A:168A).

      • Individuals with criminal records face severe disadvantages in a tight labor market which impacts national unemployment rates, community economic stability, and racial inequality. 

        • Individuals convicted of any offense involving dishonesty or  a crime of the third degree are barred from all public employment or office holding (N.J.S.A §2:51-2 and N.J.S.A. §12:1C-16).

        • There are over 22 categories of crime for which conviction results in an absolute bar to employment (N.J.S.A. §6:1-100; N.J.S.A. §33:1-31.2; N.J.A.C. 13:2-14.5; N.J.S.A. §40A:14-146.2a; N.J.S.A. §40A:14-122; N.J.S.A. §40A:9-154.1; N.J.A.C. §5:5-34; N.J.S.A. §17:9A-18.1; N.J.S.A. §17:12B-67; N.J.A.C. §2C:58-3; N.J.S.A. §40:11A-22.2; 25 N.J.R. 2839(6); 25 N.J.R. 4605(A); N.J.S.A. §45:19-16; N.J.S.A. §18A:6-7.1; N.J.S.A. §18A:39-19.1; N.J.S.A. §30:5B-6.14; N.J.S.A. §48:16-22.3A; N.J.A.C. §10:44A-2.4; N.J.S.A. (N.J.S.A §2:51-2 and N.J.S.A. §12:1C-16)49:3-58; N.J.S.A. (N.J.S.A §2:51-2 and N.J.S.A. §12:1C-16)13.1E-133).

          • There is no statutory definition of "crimes of moral turpitude," however the term generally encompasses crimes of fraud and dishonesty, such as tax evasion, larceny, stolen property, wire fraud, and intentionally passing a bad check. It has also been found to include conspiracy to distribute narcotics, repeated indecent exposure, prostitution, and other sexual offenses.

        • Certain convictions disqualify individuals from occupational, trade, vocational, professional, or business licensing (N.J. ADC 12:34C-1.8; N.J.S.A. §5:12-90, 91, 86; N.J.S.A. §30:4-3.5; N.J.S.A. §45:11-24.3; N.J.S.A. §2:2H-83; N.J.S.A. §17.22B-6; N.J.S.A. §5.5-34; N.J.S.A. §45:15-10.1; N.J.S.A. §45:15-12.1).

          • These are subject to RCOA.

 

    • Education[20]

      • New Jersey uses federal forms to deny state aid. The Souder Amendment denies financial aid to students who are convicted of drug offenses while receiving aid. It only applies to drug convictions. In 2006, an amendment made the law applicable only to currently enrolled students with drug convictions (previously it applied to anyone who had ever had a drug conviction). When the Souder Amendment took affect, 189,605 students had to be denied financial aid. 

        • Financial assistance includes: Perkins Loans, Federal Direct Loans, Federal Family Education Loans, Federal Pell Grants, Federal Early Outreach and Student Services Programs, Federal Supplemental Educational Opportunity Grants, Leveraging Educational Assistance Partnership Program, and others. 

      • The New Jersey Higher Education Assistance Authority follows federal guidelines when awarding state and financial aid, therefore, students with drug convictions are being denied state financial aid. The period of ineligibility begin after the date of conviction and only apply to "convictions" on record, excluding expunged and juvenile records. Some state schools, including Rutgers University, will not provide State assistance to students who are probation or parole. 

        • Individuals convicted of violent crimes, drug offenses, or crimes endangering the welfare of children or the incompetent are prohibited from participating in any county work release or vocational training release program (N.J.S.A. 30:8-44.1).

        • Individuals convicted of Federal or State drug-related felony offense cannot claim the HOPE Scholarship Tax Credit (26 U.S.C. 25A(B)(2) 9D5).

 

    • Housing[21]

      • New Jersey's Law Against Discrimination does not include any protections against discrimination based on arrest or conviction. Federal laws can limit access to public housing for those with criminal records.

        • Individuals convicted under the Comprehensive Drug Reform Act of 1987 can be evicted from their homes (N.J.S.A. §2A:18-61.1(q)).

        • Under federal law, public housing agencies and providers of Section 8 and other federally assisted housing to deny housing to applicant who commit a drug-related offense. The housing provider has sole discretion to decide if the tenant is ineligible for federally assisted housing for three years. Public Housing Authorities are permitted to perform criminal background checks and can deny admission to any applicant with a criminal record. (42 U.S.C. §136663(a) and 24 C.F.R. §960.204(a)(3)). 

 

    • Public Assistance[22]

      • The federal welfare reform law of 1996, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) allowed states to enact a lifetime ban on cash assistance and food stamps for those convicted of drug-related offenses. States could choose to adopt the ban, reject it, or modify it.  New Jersey put modified bans in place for its Work First New Jersey program. Those with drug convictions can get some benefits under some conditions. PRWORA also denied Supplemental Security Income (SSI) payments for those whom the state deems fugitive felons and probation and parole violators.

        • Individuals convicted after August 22, 1996 of a felony or a crime that includes distribution of a controlled substance under the Federal Controlled Substances Act applies to both people receiving WFNJ-TANF or WWFNJ-GA will be prohibited from receiving all WFNJ benefits and food stamps (N.J.S.A. §44:10-48(b)(7)).

        • Individuals fleeing to avoid prosecution, custody, or confinement after a conviction for a felony or high misdemeanor, or those violation a condition of parole under federal or state law will lose all WFNJ benefits (N.J.S.A. §44:10-48(b)(8) and N.J.S.A. §44:10-48(b)(9)).

 

    • License Suspension[23]

      • Licenses can be suspended for a wide variety of reasons. Regardless of reason for suspension, all license restorations require the payment of a $100 fee.

        • Individuals convicted for a controlled substance related crime will have their licenses to operate a motor vehicle suspended for six months to two years (N.J.S.A. §2C:35-16).

        • Individuals who fail to pay court-ordered financial penalty, including mandatory drug enforcement and demand reduction penalties without good cause will have their licenses suspended until payment is made. Individuals who fail to appear in municipal court for a traffic summons, a local ordinance violation, or any other municipal court proceedings can have their license suspended at the discretion of the court (N.J.S.A. §2C:46-2 and N.J.S.A. §2C:12-31).

        • Individuals (juveniles only) adjudicated of delinquency related too an act of graffiti or raising a false public alarm about a fire will have their licenses suspended for between one to three years and six months, respectively (N.J.S.A. §2A:4A-43.3; N.J.S.A. §2C:33-3; N.J.S.A. §2C:33-3.1). 

        • Individuals will have their licenses suspended for six months to two years if convicted of using a motor vehicle or boat to elude a law enforcement officer, using a motor vehicle to engage in or promote prostitution, a crime, disorderly persons offense, or petty disorderly persons offense if a motor vehicle is involved (N.J.S.A. §2C:29-1; N.J.S.A. §2C:34-1; N.J.S.A. §2C:43-2).

        • Individuals convicted of auto theft will have their licenses suspended for one to ten years depending on whether the person is a first time or repeat offender (N.J.S.A. §2C:20-2.1).

        • Individuals convicted of driving while intoxicated (DWI) will face a mandatory license suspension of six months to a year, if a first-time offender. Second offenders face a two to three year suspension, and a third and subsequent offenses earn a mandatory ten year suspension (N.J.S.A. §39:4-50).

        • Individuals found driving while suspended or without a license will face suspension depending on reasons for underlying suspension, or will have the delay before a license can be obtained extended by several months to several years (N.J.S.A. §39:3-40).

        • Individuals can have their licenses suspended for general traffic violations and points on their licenses based on the number of offenses in a given time frame (N.J.S.A. §39.5-30a,b and N.J.S.A. §39:5-30.8).

        • Individuals who fail to pay child support for six months, or to provide health coverage for a child for six months if ordered by the court, or failure to submit to paternity test will have their licenses suspended if the Court is satisfied that all other methods of enforcement have been exhausted and that no other equitable reason for non-compliance exists (N.J.S.A. §2A:17-56.43).

        • Individuals who have been convicted for failure to carry liability insurance will either have judicial suspensions last from one to two years or administrative suspension when coverage is allowed to lapse and MVC is notified.

        • Individuals who have not paid insurance surcharges, parking tickets, or fines imposed by a municipal or superior court, including everything from moving violations to the Drug Enforcement and Demand Reduction fines imposed with drug conviction (N.J.S.A. §29A-35(b)(2); N.J.S.A. §39.4-129.1 et seq.; N.J.S.A. §39.4-203.2; N.J.S.A. §2C:46-2).

 

    • Child Support[24]

      • There are many sanctions that stem from child support arrears which can hinder successful reentry, which serve to increase the likelihood that parents will join and re-join the underground economy or become re-incarcerated. 

        • Individuals who fail to pay child support for six months, provide health coverage for a child for six months if ordered by the court, or failure to submit to a paternity text will have their driver, professional, or recreational license suspended (N.J.S.A. §2A:17-56.23a).

        • Individuals with arrears of 12 weeks or more will have their salary garnished at the federal maximum of 65% (income withholding) (N.J.S.A. §2A:17-56.21). 

        • When an individual is in arrears for unpaid support of at least $150 for public assistance cases and $500 on non-public assistance cases, his or her federal income tax check can be intercepted to offset arrears (N.J.S.A. §2A:17-56.16, 56.53).

          • When an individual is in arrears equal to or more than one month, his or her state income tax check can be intercepted to offset arrears (N.J.S.A. §2A:17-56.15, 56.53).

        • When an individual is in arrears for three months or more their assets can be seized - child support orders are judgments by operation of law the day it becomes due and is not paid, and can be used as a lien against bank accounts and stocks and bonds (N.J.S.A. §2A56.57).

        • If an individual does not appear for court dates to establish paternity or support, does not appear for an enforcement hearing for not paying support, or disregards the terms of the court order (N.J.S.A. §2A:56.8 N.J. Directives Dir. 10-95).

 

    • Parental Rights[25]

      • 55% of state and 63% of federal prisoners reported having a child under the age of 18. Almost half of these parents reported living with their children prior to admission to prison.

      • In 1997 Congress passed the Adoption and Safety Families Act (ASFA), which shifted the emphasis of federal policy away from family preservation, towards safety and permanency. This, in turn, pushed states to move much more rapidly to terminate parental rights. Under ASFA, the Division of Youth and Family Services (DYFS) must make "reasonable" efforts to prevent placement or reunify families prior to petitioning to terminate parental rights.

        • DYFS is obligated to terminate parental rights if:

          • Individual is convicted for abuse, abandonment, neglect of, or cruelty to the child (N.J.S.A. §30:4C-15(a)).

          • The court finds that termination of parental rights is in the "best interest of the child" (N.J.S.A. §30:4C-15(c)).

          • A child is in foster care for more than a year and the parent(s) fail to fix the problems that led to the removal, although physically and financially able to do so and despite the agency's reasonable efforts to assist (N.J.S.A. §30:4C-15(d)).

          • The parent has abandoned the child (N.J.S.A. §30:4C-15(e)). 

          • The parent has been convicted of serious crimes against the child or another child of the parent (N.J.S.A. §30:4C-15(f)).

          • When any of the above are triggered, the initiation of proceedings to terminate parental rights must occur no later than when a child has been in placement for 15 out of the most recent 22 months ((N.J.S.A. §30:4C-15(f)).

 

    • Voting and Jury Service[26]

      • Voting and jury service are responsibilities and privileges of citizenship, and both are curtailed as a result of criminal conviction in New Jersey. An official pardon restores the right to vote and the right to serve on a jury in New Jersey.

        • An individual loses the right to vote if he or she is serving a sentence, on probation, or on parole (N.J.S.A. §19:4-1).

        • An individual is permanently disqualified from serving on a jury if convicted for an indictable offense (a crime in the first, second, third, or fourth degree) (N.J.S.A. §2B:20-1).  

 

 

  • Criminal Background Checks[27]

    •  New Jersey Administrative Code (N.J.A.C.) 13:59-1 et seq. authorizes the dissemination of New Jersey criminal history record information (CHRI) by the New Jersey State Police (NJSP), Identification & Information Technology Section (I&ITS), State Bureau of Identification (SBI) for noncriminal justice purposes. The following entities are authorized to obtain from the SBI all records of convictions in the New Jersey state courts and, regardless of their age, all records of pending arrests and charges for violations of New Jersey laws, unless such records have been expunged.
    • Governmental entities of this state, the federal government, or any other state for any official governmental purpose, including, but not limited to, employment, licensing and the procurement of services;
    • A person or non-governmental entity of any state, that seeks to directly engage the services of the subject of the record, for the purpose of determining a the subject's qualifications for employment, volunteer work or other performance of service;
    • Attorneys-at-law licensed by any state for use in any contested matters docketed in any state or federal court or administrative agencies of this state;
    • Private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8 et seq. for the purposes of obtaining information in the furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9.
    • A person for the purpose of a personal record request.

 

 

 

Key Organizations contacts for public and private organizations


 

 

Bibliography   web sites, reports, articles, and other reference material


 

 

 

Contributor(s):

 

 

Footnotes

  1. Greenwald, Richard et al. 2011. "Prisoner Reentry Services in New Jersey: A Plan to Reduce Recidivism." Prepared for the Office of the Governor, State of New Jersey, by the Manhattan Institute for Policy Research.http://www.manhattan-institute.org/pdf/Prisoner_Reentry_Services_in_New_Jersey.pdf.
  2. "Coming Home for Good: Meeting the Challenge of Prisoner Reentry in New Jersey." December 2003. New Jersey Reentry Roundtable, New Jersey Institute for Social Justice, New Jersey Public Policy Research Institute, http://www.njisj.org/document/cominghome_report2003.pdf
  3. "A Portrait of Prisoner Reentry in New Jersey." November 2003. Justice Policy Center, Urban Institute, http://www.urban.org/publications/410899.html
  4. "Coming Home for Good: Meeting the Challenge of Prisoner Reentry in New Jersey." December 2003. New Jersey Reentry Roundtable, New Jersey Institute for Social Justice, New Jersey Public Policy Research Institute, http://www.njisj.org/document/cominghome_report2003.pdf
  5. "A Portrait of Prisoner Reentry in New Jersey." November 2003. Justice Policy Center, Urban Institute, http://www.urban.org/publications/410899.html
  6. Greenwald, Richard et al. 2011. "Prisoner Reentry Services in New Jersey: A Plan to Reduce Recidivism." Prepared for the Office of the Governor, State of New Jersey, by the Manhattan Institute for Policy Research.http://www.manhattan-institute.org/pdf/Prisoner_Reentry_Services_in_New_Jersey.pdf.
  7. "A Portrait of Prisoner Reentry in New Jersey." November 2003. Justice Policy Center, Urban Institute, http://www.urban.org/publications/410899.html
  8. "Reentry: A Strategy for Safe Streets and Neighborhoods," Office of the Governor, http://www.nj.gov/oag/crimeplan/safe-reentry-plan.pdf.
  9. "Legal Barriers to Prisoner Reentry in New Jersey: Employment." June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/Employment.7-06.pdf.
  10. Greenwald, Richard et al. 2011. "Prisoner Reentry Services in New Jersey: A Plan to Reduce Recidivism." Prepared for the Office of the Governor, State of New Jersey, by the Manhattan Institute for Policy Research.http://www.manhattan-institute.org/pdf/Prisoner_Reentry_Services_in_New_Jersey.pdf.
  11. "A Portrait of Prisoner Reentry in New Jersey." November 2003. Justice Policy Center, Urban Institute, http://www.urban.org/publications/410899.html
  12. http://www.njleg.state.nj.us/2008/Bills/PL09/328_.PDF
  13. http://www.njleg.state.nj.us/2008/Bills/PL09/329_.PDF
  14. http://www.njleg.state.nj.us/2008/Bills/PL09/330_.PDF
  15. http://www.nj.gov/governor/news/news/552011/approved/20111128c.html
  16. "Executive Order No. 83" http://www.scribd.com/doc/74184200/EO-83-Governor-Chris-Christie-Takes-Action-to-Help-Offenders-Successfully-Re-Enter-Society-and-Lead-Productive-Lives
  17. http://www.state.nj.us/parole/about_us.html
  18. "Legal Barriers to Prisoner Reentry in New Jersey: Employment." June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/Employment.7-06.pdf.
  19. http://www.nelp.org/site/issues/category/criminal_records_and_employment/
  20. "Legal Barriers to Prisoner Reentry in New Jersey: Education." June 2006. New Jersey Institue for Social Justice, http://www.njisj.org/document/Education.7-06.pdf.
  21. "Legal Barriers to Prisoner Reentry in New Jersey: Housing." June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/Housing.7-06.pdf.
  22. "Legal Barriers to Prisoner Reentry in New Jersey: Public Assistance." June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/PublicAssistance.7-06.pdf.
  23. "Legal Barriers to Prisoner Reentry in New Jersey: License Suspension." June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/LicenseSuspension.7-06.pdf.
  24. "Legal Barriers to Prisoner Reentry in New Jersey: Child Support," June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/ChildSupport.7-06.pdf
  25. "Legal Barriers to Prisoner Reentry in New Jersey: Parental Rights." June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/ParentalRights.7-06.pdf.
  26. "Legal Barriers to Prisoner Reentry in New Jersey: Voting & Jury Service." June 2006. New Jersey Institute for Social Justice, http://www.njisj.org/document/Voting.JuryService.7-06.pdf.
  27. http://www.njsp.org/about/serv_chrc.html.

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