New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1973

Introduced
1/11/22  

Caption

Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse.

Impact

The provisions stipulated in A1973 seek to safeguard inmates against retaliation from correctional staff after reporting abuse. The bill explicitly outlines prohibited punitive measures, such as transferring inmates to segregated facilities or altering their job assignments. By legislating these restrictions, the bill aims to foster an environment where inmates feel secure in voicing their grievances regarding abusive behavior, ultimately encouraging them to report misconduct that may otherwise go unreported due to fear of retaliation.

Summary

Assembly Bill A1973 aims to enhance protections for inmates in New Jersey's state correctional facilities who report incidents of sexual abuse or harassment, physical violence, and mental abuse. The bill mandates the establishment of a secure, confidential, and reliable reporting mechanism for such complaints, ensuring that inmates can report incidents without fear of financial penalty or obligatory disclosure of their identity. To facilitate accessibility, the bill requires that language support be provided for inmates with limited English proficiency, ensuring they can file complaints in their native language and receive clear instructions on the reporting process.

Conclusion

By prohibiting retaliation, the bill aims to create a safer correctional environment where victims can seek justice without additional persecution. It also emphasizes the necessity for adequate victim services, such as offering advocacy from individuals detached from the facility. Overall, A1973 represents a significant step toward improving the treatment of inmates and fortifying the mechanisms they may use to report violations of their rights.

Contention

A crucial aspect of the bill is the classification of retaliation against inmates who file complaints as a fourth-degree crime, which holds correctional officers and civilian staff accountable for any punitive actions taken against these inmates. The bill requires comprehensive monitoring of any potential retaliation and obligates staff to report any known or suspected incidents of abuse by their colleagues. This reinforces the importance of accountability within the correctional system and aligns with broader efforts to promote the safety and rights of inmates.

Companion Bills

NJ S1515

Same As Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse.

Previously Filed As

NJ A1903

Prohibits retaliation against inmates in State correctional facilities who report sexual abuse; criminalizes retaliation and failure to report abuse.

NJ H826

No Retaliation Against Mandatory Reporters

NJ A1770

Requires Special Investigations Division to issue monthly report on sexual abuse in State correctional facilities.

NJ S2888

Requires award of Edna Mahan trauma credits to inmates incarcerated during period of investigation into allegations of sexual abuse by correctional police officers and staff.

NJ SB2277

Relating to prohibiting a public school from retaliating against an employee for reporting certain misconduct.

NJ HB2209

health boards; retaliation; prohibition

NJ SF4607

Provision that employer reporting of fraud is not retaliation

NJ S1838

Tampering With, Harassing, or Retaliating Against Court Officials

NJ H1049

Tampering with, Harassing, or Retaliating against Court Officials

NJ S2908

Requires correctional facilities to provide voting rights information packets to inmates.

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