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KARABINCHAK, HOLLEY ‘SAFE STOP’ BILL TO EDUCATE DRIVERS ON RIGHTS AND RESPONSIBILITIES WHEN STOPPED BY POLICE CLEAR ASSEMBLY PANEL

Many new drivers are unaware of their rights and proper protocol when being pulled over by a police officer. To help educate residents to that extent, a bill encouraged by national dialogue on incidents occurring during routine law enforcement stops advanced in the Assembly Thursday.

“Teaching drivers their rights as wells as how to safely interact with police during a stop must be a part of the driver curriculum. Surprisingly, the New Jersey Driver’s Manual currently does not include any language referencing what to do if stopped for a traffic violation,” said Karabinchak (D-Middlesex). “We are a diverse state comprised of many cultural backgrounds. Many new drivers may have their own perceptions of the police and do not know what a police stop entails. This bill aims to correct that discrepancy with a visual aid and tutorial of a standard police stop. An equally prepared driver and officer will make for more ‘safe stops’.”

The legislation — sponsored by Assembly Democrats Robert Karabinchak and Jamel Holley—would require a potential driver to watch a video, created by the Motor Vehicle Commission (MVC) and the Attorney General, before they take a written examination for a validated permit.  The video will explain the rights and responsibilities of a driver stopped by a law enforcement officer.

“Over the years, police-involved shootings of unarmed people of color has made national news time and time again. These particular incidents have fueled conversations on how we can better prepare our communities for interactions with police,” said Holley (D-Union). “The one way we can, in conjunction with the policies many police departments have already put into place, is to help drivers understand their rights and what to expect as the driver of the vehicle if they are ever pulled over. At the end of the day, we want to make sure the members of our community and our police officers get home safely.”

The bill also requires the MVC to expand the written examination to include a question, developed in conjunction with the Attorney General, testing the applicant’s knowledge of the rights and responsibilities of a driver stopped by a law enforcement officer.

The measure approved by the Assembly Appropriations Committee and will now be considered to be posted for a floor vote.

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NOW LAW: SUMTER, TUCKER, HOLLEY & TIMBERLAKE BILL TO REPEAL VOTING PROHIBITION FOR INDIVIDUALS WITH CONVICTIONS

Asserting the right to vote as both fundamental and critical to democracy, a bill restoring voting rights to individuals on parole or probation was signed into law by the Governor on Wednesday. The legislation is sponsored by Assembly Democrats Shavonda Sumter, Cleopatra Tucker, Jamel Holley and Britnee Timberlake.

The law removes the prohibition on voting by persons on parole and/or probation convicted for an indictable offense under any federal or state laws, which in New Jersey are offenses for crimes of the first through fourth degree.

“New Jersey will now lead the nation as a model of racial justice and inclusive democracy,” said Sumter (D-Bergen, Passaic). “The privilege to participate in the election process is a constitutional right afforded every American regardless of background, race or status. Every person of voting age should have the ability to cast their ballot without interference and without judgement of their personal history.”

States across the country have sought to ease voting restrictions on people with criminal convictions in recent decades. Under this law, New Jersey will provide for automatic restoration of voting rights upon release, where it previously provided for automatic restoration only after the completion of a sentence including periods of parole and probation.

“Voting is an opportunity for all residents to have their say in who leads their communities and state,” said Tucker (D-Essex).  “No one population should be disproportionately denied their right to vote. These are outdated laws that have no place in a modern democracy.”

Under Article II, Section I, paragraph 7, the New Jersey Constitution authorizes the Legislature to disqualify certain persons from the right to vote in primary, municipal, special or general elections. This law eliminates the voting disqualification levied against the roughly 79,000 people on either probation and/or parole in New Jersey.

“Withholding the right to vote from people who have served their time while incarcerated, and who have paid their dues, sends the wrong message,” said Holley (D-Union). “We need to successfully reintegrate individuals into their respective communities and that requires reinstating rights to participate in the political process as soon as they step foot outside of the horrors of the incarcerated walls.”

“The story of mass incarceration and disproportionate disenfranchisement in America can no longer be the narrative for New Jersey,” said Timberlake (D-Essex, Passaic). “People with criminal records face enough trials post-incarceration in searching for employment, paying down debt and reconnecting with their families. Ending the prohibition on voting for probationers and parolees gives them a chance to move forward, to have their voices heard.”

The law, accordingly, also repeals statutory provisions that permit a person to challenge a voter’s right to vote in an election on grounds that the voter is disenfranchised due to a criminal conviction (N.J.S.A.19:15-19); require the commissioner of registration in each county to compare voter registration records with criminal conviction records to prevent disenfranchised persons from voting and registering to vote (N.J.S.A.19:13-17): and criminalize the act of voting while disenfranchised (N.J.S.A.19:34-4).

The law will take effect 90 days from its enactment.

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Holley, Quijano, McKnight, Wimberly & Reynolds-Jackson Bill Enabling Residents to Clear Certain Convictions Through Easier Expungement Process Signed into law

Legislation (A-5981) that would revise expungement eligibility and procedures, including a new “clean slate” automated process to render convictions and related records inaccessible; create an e-filing system for expungements; and eliminate expungement filing fees for affected residents was signed into law by the Governor Wednesday.

Sponsors, Assembly Democrats Jamel Holley, Annette Quijano, Angela McKnight, Benjie Wimberly and Verlina Reynolds Jackson issued the following statements:

Holley (D-Union): “This is a fight for social justice –for the many residents who need a clean slate. This new law forges a path to real justice for over 2,000 eligible citizens and opens the doors to them for economic opportunity and a second chance. By shifting from the current system to one that is automated and carries a lesser financial burden, we can help more people gain employment and seize the opportunities life presents them.”

             Quijano (D-Union): “Taking New Jersey’s expungement process from antiquated and onerous to one that can actually be navigated by a resident with success is major step toward justice for all. This move will make it possible for thousands of residents now and in the future to truly be able to turn the corner and not have long forgotten mistakes marking them like a ‘scarlet letter’ for the rest of their lives. After meeting all of their obligations, the ability to expunge these incidents from their record mean the difference in the type of job they can apply for and how much money they can make for their families. Most importantly, it will allow people to simply move on.”

            McKnight (D-Hudson): “Making it possible for residents to clear their record and clean the slate will create employment opportunities, advancement and economic growth for those affected. Creating an avenue for residents to clear their name and their record moves New Jersey closer to equity and justice in the expungement process.”

            Wimberly (D-Bergen, Passaic): “Changing the expungement system ensures fairness in implementation for all residents of all socio-economic backgrounds. Minor convictions that could have well been removed from a person’s record with an easier process in place could change the lives and the direction of many youth in our communities. An opportunity to expunge a criminal record could mean the difference between working and not working.”

            Reynolds-Jackson (D-Mercer, Hunterdon): “A more advanced and manageable expungement process will bring us a step closer to social equity and social justice for offenders who have not committed a law violation in years. Removing barriers to work opportunities and housing will help to raise the status of many African American and Latino American residents, providing them with the ability to move up in the workplace and climb the economic ladder. We needed to get this done for all of those who have been held back because of their record.”

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Holley claims Murphy playing politics on voting rights bill signing

Assemblyman Jamel Holley claimed Gov. Phil Murphy excluded him from a bill signing for a measure restoring voting rights to persons on probation or parole.

“They invited me to get a pen, but all the other main sponsors are a part of the program. He excluded me specifically,” Holley said. “I think what it is is that I’ve been very vocal against him and Ras regarding the water in Newark, and I think this is my sort of retribution, payback, whatever you want to call it. But at the end of the day, it’s disrespectful.”

In October, Holley attacked Murphy and Newark Mayor Ras Baraka over their plan to remediate lead water lines in Newark, and he’s previously criticized Murphy for what he said was a slow-moving response on a bill allowing people expunge marijuana offenses from their criminal records.

That bill will also be signed tomorrow.

Murphy’s office denied playing politics, saying they had to limit the number of speakers because of time constraints.

“The reality is this: We can’t have every sponsor speak at these events,” Murphy spokesman Dan Bryan said. “That’s never how it’s been, and we’re hoping that the event is about all those that are being helped by the legislation that’s being signed.”

Holley is one of the measure’s six primary sponsors. He is the first prime sponsor on the expungement bill and the only first prime not offered a speaking role at the bill signing.

The incident is another in a series of spats between top Trenton Democrats and members of the Legislative Black Caucus.

State Sen. Ronald Rice, who in October claimed Murphy and other legislative leaders patronized black lawmakers, was invited to speak at the bill signing in Newark Wednesday morning but is declining to appear over Holley’s exclusion.

“I know that we’re not perfect and we don’t treat other people the right way sometimes also, but I’m chairman of the caucus, and I stand by my members,” Rice said.

Assemblywoman Shavonda Sumter lost her post as majority conference leader after splitting with Assembly Speaker Craig Coughlin on a number of key issues, including a millionaire’s tax backed by Murphy.

It remains to be seen whether the incidents lead to a greater split within the party, but this tiff won’t do much to ingratiate Murphy to the legislature’s non-white members.

“The petty politics the front office has displayed by excluding me from the program as a Primary sponsor of these great achievements is yet another example of how this Governor treats the black leadership of this state,” Holley said. “He will now parade around this state as if he is truly a social justice Governor when in fact he is not.  Let me clear, this Governor did not produce one vote in the Assembly or Senate, nor was he directly involved in assisting leadership to get this through. “
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COUGHLIN, LAMPITT & HOLLEY BILL TO ELIMINATE COST OF SCHOOL MEALS FOR ELIGIBLE STUDENTS, COMBAT CHILD HUNGER ADVANCED BY COMMITTEE

Measure to Provide Over a Third of All NJ Students Access to Free Meals

Expanding access to free meals for families struggling to afford the cost of reduced-price school meals, a measure requiring the State to cover the cost of reduced price breakfast and lunch for eligible public school students was advanced by the Assembly Appropriations Committee on Thursday.

The bill (A-5855) is sponsored by Assembly Speaker Craig Coughlin along with Assembly Democrats Pamela Lampitt and Jamel Holley.

“It’s critically important that children have access to regular and nutritious meals while at school, but the sad fact is that for many families the financial burden is too great,” said Coughlin (D-Middlesex). “Children who eat breakfast and lunch show improved concentration, greater alertness, stronger comprehension, better memory and advanced learning skills. Under this legislation, all eligible children will be afforded the opportunity to a free healthy and nutritious breakfast and lunch.”

Right now, students from households living under 130% of the federal poverty line, recognized as an annual income of less than $33,475 for a family of four, qualify for free school meals. In four person households where income is between $33,475 and $47,638, families only have access to reduced price meals.

This legislation would appropriate $4.5 million enabling the State to pay the difference between federal allocations for reduced priced breakfasts and lunches and the total cost of these meal programs.

In doing so, the bill expands access to school meals at no cost to roughly 518,910 students. And, according to 2017-2018 enrollment data from the New Jersey Department of Education, that equates to just over one third of all New Jersey school children becoming eligible for free meals under this measure.

“Food insecurity is an issue facing families in too many communities throughout our state,” said Lampitt (D-Camden, Burlington). “This bill would have a tremendous impact in expanding access to school meals ensuring children aren’t going hungry during the school day and empowering them to be more engaged learners. It also lifts the burden on school districts facing meal debts, who could be allocating their financial resources to provide student services in other critical areas.”

Under the legislation, the Department of Agriculture would be directed to adopt regulations for the scheduling and management of reimbursements to school districts.

“One in every eight children in New Jersey don’t know where their next meal is coming from,” said Holley (D-Union). “That fact is startling. By expanding access to free meals in school, we can lessen the burden of hunger and powerfully alter a child’s potential for success allowing them to lead healthy, happy lives.”

The bill’s Senate counterpart, sponsored by Senators M. Teresa Ruiz and Shirley Turner, was advanced by the Senate Budget and Appropriations Committee on December 5, 2019.

The Assembly bill now goes to the Speaker for further review.

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HOLLEY, QUIJANO, MCKNIGHT, WIMBERLY & REYNOLDS-JACKSON BILL ENABLING RESIDENTS TO CLEAR CERTAIN CONVICTIONS THROUGH EASIER EXPUNGEMENT PROCESS CLEARS COMMITTEE

On legislation (A-5981) that would revise expungement eligibility and procedures, including a new “clean slate” automated process to render convictions and related records inaccessible; create an e-filing system for expungements; and eliminate expungement filing fees for affected residents was approved Thursday by the Assembly Appropriations Committee.

Sponsors, Assembly Democrats Jamel Holley, Annette Quijano, Angela McKnight, Benjie Wimberly and Verlina Reynolds Jackson issued the following statements on its passage:

Holley (D-Union): “This is a fight for social justice –for the many residents who need a clean slate. This legislation forges a path to real justice for over 2,000 eligible citizens and opens the doors to them for economic opportunity and a second chance. By shifting from the current system to one that is automated and carries a lesser financial burden, we can help more people gain employment and seize the opportunities life presents them.”

          Quijano (D-Union): “Taking New Jersey’s expungement process from antiquated and onerous to one that can actually be navigated by a resident with success is major step toward justice for all. This move will make it possible for thousands of residents now and in the future to truly be able to turn the corner and not have long forgotten mistakes marking them like a ‘scarlet letter’ for the rest of their lives. After meeting all of their obligations, the ability to expunge these incidents from their record mean the difference in the type of job they can apply for and how much money they can make for their families. Most importantly, it will allow people to simply move on.”

            McKnight (D-Hudson): “Making it possible for residents to clear their record and clean the slate will create employment opportunities, advancement and economic growth for those affected. Creating an avenue for residents to clear their name and their record moves New Jersey closer to equity and justice in the expungement process.”

          Wimberly (D-Bergen, Passaic): “Changing the expungement system ensures fairness in implementation for all residents of all socio-economic backgrounds. Minor convictions that could have well been removed from a person’s record with an easier process in place could change the lives and the direction of many youth in our communities. An opportunity to expunge a criminal record could mean the difference between working and not working.”

          Reynolds-Jackson (D- Mercer, Hunterdon): “A more advanced and manageable expungement process will bring us a step closer to social equity and social justice for offenders who have not committed a law violation in years. Removing barriers to work opportunities and housing will help to raise the status of many African American and Latino American residents, providing them with the ability to move up in the workplace and climb the economic ladder. It’s time we get this done for all of those who have been held back because of their record.”

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Sumter, Tucker, Holley & Timberlake Bill to Repeal Law Prohibiting Voting for Individuals with Convictions Clears Assembly

Bill to Restore Voting Rights to Persons on Parole or Probation

Asserting the right to vote as both fundamental and critical to democracy, a bill restoring voting rights to individuals on parole or probation was passed 46-23-1 in the full Assembly on Monday. The legislation is sponsored by Assembly Democrats Shavonda Sumter, Cleopatra Tucker, Jamel Holley and Britnee Timberlake.

The bill (A-5823) would remove the prohibition on voting by persons on parole and/or probation convicted for an indictable offense under any federal or state laws, which in New Jersey are offenses for crimes of the fourth through first degree.

“New Jersey can lead the nation as a model of racial justice and inclusive democracy with the enactment of this bill,” said Sumter (D-Bergen, Passaic). “The privilege to participate in the election process is a constitutional right afforded every American regardless of background, race or status. Every person of voting age should have the ability to cast their ballot without interference and without judgement of their personal history.”

States across the country have sought to ease voting restrictions on individuals with criminal convictions in recent decades. Under the proposed legislation, New Jersey’s law would be amended to provide for automatic restoration of voting rights upon release, where it currently provides for automatic restoration only after the completion of a sentence including periods of parole and probation.

“Voting is an opportunity for all residents to have their say in who leads their communities and state,” said Tucker (D-Essex).  “No one population should be disproportionately denied their right to vote. These are outdated laws that have no place in a modern democracy.”

Under Article II, Section I, paragraph 7, the New Jersey Constitution authorizes the Legislature to disqualify certain persons from the right to vote in primary, municipal, special or general elections. This bill would eliminate the voting disqualification currently levied against the roughly 79,000 people on either probation and/or parole in New Jersey.

“Withholding the right to vote from people who have served their time while incarcerated, and who have paid their dues, sends the wrong message,” said Holley (D-Union). “We need to successfully reintegrate individuals into their respective communities and that requires reinstating rights to participate in the political process as soon as they step foot outside of the horrors of the incarcerated walls.”

“The story of mass incarceration and disproportionate disenfranchisement in America can no longer be the narrative for New Jersey,” said Timberlake (D-Essex, Passaic). “People with criminal records face enough trials post-incarceration in searching for employment, paying down debt and reconnecting with their families. Ending the prohibition on voting for probationers and parolees gives them a chance to move forward, to have their voices heard.”

The bill, accordingly, also repeals statutory provisions that permit a person to challenge a voter’s right to vote in an election on grounds that the voter is disenfranchised due to a criminal conviction (N.J.S.A.19:15-19); require the commissioner of registration in each county to compare voter registration records with criminal conviction records to prevent disenfranchised persons from voting and registering to vote (N.J.S.A.19:13-17): and criminalize the act of voting while disenfranchised (N.J.S.A.19:34-4).

The bill now goes to the Senate for further review.

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Holley concerned decriminalization could harm marijuana referendum

Assemblyman Jamel Holley is concerned that decriminalizing marijuana may convince some voters to sit out a referendum on marijuana legalization set to hit the polls next November.

“It’s definitely going to lower the enthusiasm,” Holley said. “People are all in for full — like I said, we can have a vote today and it will pass. It will hurt some of the enthusiasm, but I think they understand the long-term goal of full legalization and full expungement. It’s just the legislative process and the steps that we got to take, unfortunately.”

New Jersey lawmakers have given up their bid to legalize marijuana through legislative means after again failing to whip enough votes for the measure in the senate.

Now, lawmakers are aiming to put the issue on the ballot for 2020, but the delay in action leaves an expungement bill meant primarily to clear the records of low-level marijuana offenders in the lurch.

The view is that allowing for the automatic expungement of something that is still illegal doesn’t make much sense, and decriminalization has come up as a possible fix between now and next November.

While some in the Senate, especially Democratic senators in South Jersey, find decriminalization easier to swallow than legalization, it comes with its own hurdles.

Gov. Phil Murphy has repeatedly bashed it as a half measure that would put the state’s marijuana market firmly in the hands of drug dealers.

A spokesman for Murphy pointed to the governor’s past comments on decriminalization and declined to comment further on the issue Monday.

Even Holley, the decriminalization bill’s sponsor, isn’t thrilled about it.

“This marijuana debate has been such a roller coaster, and when you’re dealing with the legislative process, there’s so many tweaks and turns that you have to go through to get through the end goal,” he said. “I’m not a big fan of decrim while I’m a sponsor. I’m not a big fan of the referendum, but I’m a sponsor. I’m going to support it.”

The concern among Democrats is that decriminalization could widen an enthusiasm gap between proponents and opponents of marijuana legalization.

There’s already significant ballot drop off in New Jersey that tends to favor older, whiter voters.

Those voters oppose marijuana legalization more often than not.

Legislative leaders haven’t decided one way or the other on decriminalization, though talks on the issue are ongoing in both chambers.

Either way, Holley’s sticking with the issue.

“We are dealing with minorities and changing minority lives. As a black, African American lawmaker, these things are going to take time, unfortunately,” he said. “Other things speed up and move right along. Commissions are done, and moneys are allocated when you look at the opioid and you look at the vape, but for the ones that hit mostly minorities, it always seems to take its time. And that’s always been my concern, but I’m in it for the long haul.”

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Assembly Passes DeAngelo, Holley & Mukherji Bill Guarding Against Identify Theft of Deceased Persons

Measure Provides for Social Security Record Sharing to NJ MVC Database

Protecting against the identity theft of  deceased persons, a practice also known as ‘ghosting,’ a bill mandating the chief administrator of the New Jersey Motor Vehicle Commission (MVC) to compare its database records with death records produced by the Social Security Administration, and mark those deceased appropriately, was passed 74-0 in the full Assembly on Monday.

The bill (A-2606) is sponsored by Assembly Democrats Wayne DeAngelo, Jamel Holley and Raj Mukherji.

“Every year, Americans have their identities stolen and fraudulently used by criminals to open credit card accounts, apply for loans and get a wide array of services,” said DeAngelo (D-Mercer, Middlesex).  “This underhanded assault on unsuspecting victims leaves them and their families to grapple with a mountain of legal problems.”

The legislation follows a 2015 report by the New Jersey State Auditor that uncovered the issuance of more than 6,000 licenses or identification documents for individuals who were deceased.

“All it takes is access to the last four digits of a social security number and some personal information to open up Pandora’s box,” said Holley (D-Union). “Families of nearly 2.5 million Americans are facing the fallout of identity theft, every year, after the loss of a loved one. Using the identity of a deceased individual is particularly egregious and can leave a permanent mark on their life’s legacy. More frequent checks on the records systems would ensure that we can stave off potentially catastrophic incidences of identity theft.”

In codifying procedures for regular data sharing, the bill provides for MVC reviews of Social Security Administration data on – at minimum – a monthly basis. Under current law, data review by the MVC has been left to the agency’s discretion and amounted to periodical receipt of data from the Social Security Administration through the National Technical Information Service within the Department of Commerce.

“With the rise of social media and accessibility of public records online, it has become increasingly easy for people to access personal information and, by extension, for people evading the law to leverage such information for criminal acts,” said Mukherji (D-Hudson). “By increasing the vigilance of our administrative systems under this legislation, we hope to close the gap of opportunity for fraudsters and criminals.”

The bill now goes to the Senate.

 

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Sumter, Holley, Jones & Wimberly Bill Aimed at Improving Rehabilitation, Reducing Criminal Recidivism Rate Clears Assembly

“Earn Your Way Out” Measure Would Require Individualized Reentry Plan for Each Inmate

 

(TRENTON) – Moving on criminal justice reform, legislation sponsored by Assembly Democrats Shavonda Sumter, Jamel Holley, Patricia Egan Jones and Benjie Wimberly aiming to end the school-to-prison pipeline, assist individuals in recovery and rehabilitation, reduce the number of repeat offenders and provide savings was approved by the full Assembly on Monday, 54-16-3.

The bill (A-1986), the “Earn Your Way Out Act,” was approved by the Assembly Appropriations Committee and will now go to the Assembly Speaker for further review.

“The majority of the more than 10,000 inmates who are released from prison each year in New Jersey will be rearrested, and two in five will return to prison. In addition to the direct impact this has on their own lives, it also affects their families, their communities and the entire state,” said Sumter (D-Bergen/Passaic). “It’s critical that we stop this woeful pattern by making sure that these men and women have the education, job skills and other resources they need in order to be productive members of society after leaving prison.”

The legislation would enact various corrections and parole reforms, including requiring the Department of Corrections (DOC) to develop a reentry plan for each inmate, establishing administrative parole release for certain inmates, providing for parole compliance credits, creating an inmate disciplinary database and mandating an impact study of the legislation’s reforms by an institution of higher education’s criminal justice program.

“For far too long, we have allowed the school-to-prison pipeline to remain intact,” said Holley (D-Union). “Now, we have a piece of legislation that will finally allow us to break this pipeline, and help make incarcerated New Jerseyans truly gain a second chance.”

Under the bill, the DOC Commissioner would be required to establish a Division of Reentry and Rehabilitative Services to coordinate reentry preparation and other rehabilitative services within all State correctional facilities, and to act as a liaison to the State Parole Board. Staff within the division would be responsible for developing and implementing an individualized, comprehensive reentry plan designed to prepare each inmate for successful integration as a productive, law-abiding citizen upon release.

The legislation also enables all eligible parolees to earn compliance credits, which will be used to reduce their time by five days for each month they remain in compliance with the conditions of parole and does not commit a serious or persistent infraction.

“The Earn Your Way Out Act is supportive of second chances,” said Patricia Egan Jones (D-Camden). “Preparing a pathway to reentry and providing access to needed resources is the only way to help these individuals during their next steps in life.”

“This is exactly where our emphasis should be when it comes to reforming the system, reducing crime and shutting the revolving door on prisons,” said Wimberly (D-Bergen, Passaic). “Comprehensive and effective rehabilitation programs will restore hope, dignity, and provide former inmates the second chance they deserve to do better once released. There’s a lot more to be done; however, this is a critical step to stabilizing families, reforming a broken system that has burdened our state and society with unquantifiable costs.”

Additionally, the bill provides that inmates may be awarded commutation credits following arrest for time served in a county jail. Currently, commutation credits are not available to inmates who serve time in a county jail prior to serving time in a State correctional system.

The measure also creates a centralized database of information contained in each disciplinary report prepared by a corrections officer in response to an inmate committing a prohibited act.

Any cost savings realized will go to the Office of Victim Services for the operating costs of the Focus on the Victim Program, as well as other services to facilitate successful recovery.

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