Sponsors: Assemblymen Herbert Conaway, Jr. (D7) and Joseph V. Doria, Jr. (D31)

Sponsors: Senators John O. Bennett (R12) and James S. Cofiero (R1)

Summary: Establishes the right to 24 hours of leave per year for parents and guardians of children with special needs attending public schools

Comments: This bill provides up to 24 hours in family leave time during any 12-month period for a parent or guardian of a child with special needs enrolled in a public school. The bill covers a parent or guardian who works for a public employer or a private employer who employs 50 or more employees. A "child with special needs" is a child or student who "has identified specific academic needs or disciplinary concerns, including, but not limited to, behavior problems, social problems, problems with tardiness or lateness or health-related concerns." The leave time is provided to attend any conference, meeting, function or other event requested or required by the school administration or any responsible teacher or professional staff member. The rights provided by the bill are in addition to an employee's right to leave under New Jersey's Family Leave Act, the federal Family and Medical Leave Act of 1993 or any collective bargaining agreement or other employer policy. Employers who violate the law may be subject to fines of $2,000 for the first offense and $5,000 for subsequent offenses.

Although this initiative could provide a much-needed benefit to parents and guardians, it has one weakness that could undermine the sponsors' intentions. The bill places the power to decide whether a parent or guardian's presence at a meeting about their child is necessary with the principal of the school, rather than recognizing that a parent or guardian's judgment is paramount. The bill only grants leave in circumstances where the principal of the child's school provides "prior notice of the need for the leave and subsequent certification of the employee's attendance." (emphasis added). The Legislature could remedy this by amending the bill to allow an employee to provide reasonable documentation that the school is conducting a conference or other event regarding their child that they wish to attend and that the child meets the bill's definition of having "special needs." Such documentation could include an affidavit by the employee or a copy of the notice that a conference is going to occur.

Current Status: Assembly Labor Committee

Legislative Activity: 1/8/02 Introduced and referred to Assembly Labor Committee

Last Session: A3817

Current Status: Senate Labor Committee

Legislative Activity: 5/2/02 Introduced and referred to Senate Labor Committee

Last Session: S2620

Sponsors: Assemblywomen Rose Marie Heck (R38) and Charlotte Vandervalk (R39)

Sponsors: Assemblymen Jeff Van Drew (D1) and Frederick Scalera (D36)

Summary: Requires reporting of suspected abuse, neglect or exploitation of vulnerable adults

Comments: This bill proposes to amend the law governing adult protective services to require the report of suspected abuse, neglect or exploitation of a vulnerable adult who resides in a community setting. Such reports are currently discretionary. The bill would simply replace the word "may" with "shall" in existing law, thereby requiring any person who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or exploitation to report the information to a county adult protective services provider. Similar legislative initiatives have been proposed regularly for over 15 years. The law defines vulnerable adult as a person18 years of age or older who resides in a community setting, and who, because of a physical or mental disability, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his or her well-being. The law further defines "community setting" as a private residence or any non-institutional setting in which a person resides alone or with others, but does not include any facility or living arrangement subject to licensure by, operated by, or under contract with, a State department or agency.

Current Status: Assembly Senior Issues Committee

Legislative Activity:
1/08/02 Introduced and referred to Assembly Senior Issues Committee

Last Session: A1480
12/17/01 Passed in Assembly 76-0-1; Received in Senate Senior Citizens, Veterans' Affairs and Human Services Committee

Current Status: Assembly Senior Issues Committee

Legislative Activity: 6/5/03 Introduced and referred to Assembly Senior Issues Committee

Sponsor: Assemblyman Reed Gusciora (D15)

Sponsor: Senator Shirley K. Turner (D15)

Summary: Establishes task force on the oversight of group homes for people with developmental disabilities

Comments: This bill establishes a 15-member "Task Force on the Oversight of Group Homes for the Developmentally Disabled." The purpose of the task force is to create an independent entity to assess the conditions in which the residents of group homes live and to make appropriate recommendations for consideration by the Governor and the Legislature. The task force would be required to present a report of its findings and recommendations to the Governor and the Legislature no later than 12 months after the date of its initial meeting. The law and the task force would expire on the 30th day after the task force presents its report to the Governor and the Legislature. Although such a task force could provide much need revisions and protections to the group home system, Council staff notes that the bill would be more effective if certain amendments regarding membership of the task force were adopted. Specifically, as currently proposed, the task force would consist primarily of provider organizations and families of individuals with developmental disabilities residing in group homes. The bill calls for only one advocacy organization to serve as a task force member, namely, New Jersey Protection and Advocacy, and there are no provisions for members with developmental disabilities. This omission reflects a failure to recognize that individuals with developmental disabilities must have an opportunity to report their various experiences to the task force and must have a role in determining their living conditions. In addition to addressing these shortcomings, the bill should entitle the task force using people first language, rather than referring to "Group Homes for the Developmentally Disabled."

Current Status: Assembly Health and Human Services Committee

Legislative Activity: 5/9/02 Introduced and referred to Assembly Health and Human Services Committee

Current Status: Assembly Health, Human Services, and Senior Citizens Committee

Legislative Activity: 1/14/03 Introduced and referred to Assembly Health, Human Services, and Senior Citizens Committee

Sponsor: Assemblywoman Loretta Weinberg (D37) and Assemblyman Gordon M. Johnson (D37)

Summary: Requires DHS to place monitors in facilities for people with developmental disabilities under certain circumstances.

Comments: This bill, as amended by the Assembly Health and Human Services Committee, directs the Commissioner of the Department of Human Services (DHS) to place monitors at a facility for people with developmental disabilities if the Commissioner reasonably believes that the facility may be in violation of any federal or State law or regulation that impacts on the safety of a person receiving services from the Division of Developmental Disabilities. The bill specifically provides, by way of example, that monitors may be placed when the Commissioner reasonably believes laws or regulations governing the use of "personal control or mechanical restraint" may be violated at the facility. The monitors may be placed on site for up to 24 hours a day, seven days a week and may remain at the facility for such period of time as the commissioner deems necessary. Following a monitor's report to the Commissioner and a finding that a facility is not in compliance with a federal or State law or regulation, the Commissioner may order immediate corrective action. A monitor would oversee the facility's progress in implementing a plan of correction and order corrective action as necessary. The bill also provides that the facility must reimburse DHS for its costs of placing monitors at a privately operated facility. Finally, the bill provides that DHS will promulgate regulations establishing standards for the training and qualifications of monitors.

Some advocates are concerned that the bill may not be strong enough to be effective. For example, some believe that the Committee amendments weaken the bill by removing a requirement for 24-hour monitoring and instead using the phrase, "up to" 24 hours. Advocates are also troubled by the fact that the amendments also limit the authority of the Commissioner by using the phrase, "reasonably believes" that a violation of safety laws or regulations may occur rather than "has reason to believe." This changes the quantum of evidence required to place monitors from having credible evidence that warrants investigation, as originally drafted, to having sufficient evidence to persuade the Commissioner to conclude that the law has been violated (or when a facility has been required to file a "Plan of Correction"). Moreover, the bill does not require the use of independent monitors or prohibit the use of monitors who have financial or personal interests involving DHS or the facilities being monitored that could impair the monitor's objectivity or create an appearance of bias.

Current Status: Assembly Appropriations Committee

Legislative Activity:
12/16/02  Introduced and referred to Assembly Health and Human Services Committee

1/16/03  Reported out of committee with committee amendments, referred to Assembly Regulatory Oversight Committee

1/16/03  Reported out of Regulatory Oversight Committee, referred to Assembly Appropriations Committee

Sponsors: Assemblymen Craig A. Stanley (D28), Peter J. Barnes, Jr. (D18) and Willis Edwards, III (D34), Assemblywoman Nellie Pou (D35), Assemblymen Peter C. Eagler (D34) and Paul Sarlo (D36)

Sponsors: Senators Peter Inverso (R14) and Diane B. Allen (R7)

Summary: Provides enhanced penalties for certain crimes when victim is 65 years of age or older or a person with a disability.

Comments: The bill proposes to create a separate crime of victimization of a senior citizen or a person with a disability, which would generally be graded one degree higher than the offense that was committed when the victim of a crime is a senior or a person with a disability. A "senior citizen" is defined as a person 65 years of age or over. "Person with a disability" is defined in the bill as a "person who by reason of a pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, a person determined disabled pursuant to the federal Social Security Act or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility."

Current Status: Passed Assembly, sent to Senate Judiciary Committee

Legislative Activity:
2/4/02  Introduced and referred to Assembly Senior Issues Committee

10/24/02  Reported out of committee with committee substitute for A1735 and A630, referred to Assembly Judiciary Committee

2/6/03  Reported out of committee with committee amendments, 2nd reading in Assembly

2/10/03  Passed in Assembly 76-0-2

2/10/03  Received in Senate and referred to Senate Judiciary Committee

Last Session:  A912

Current Status: Senate Judiciary Committee

Legislative Activity:  2/25/02 Introduced and referred to Senate Judiciary Committee

Sponsors: Assemblywoman Nelida "Nellie" Pou (D-35), Assemblyman Peter C. Eagler (D-34) and Assemblyman Paul A. Sarlo (D-36)

Sponsors: Senators Ronald Rice (D28) and Anthony R. Bucco (R25)

Bill Title: Senior Citizen and Person with a Disability Protection Act

Summary: Imposes mandatory terms of imprisonment for violent crimes against senior citizens and people with disabilities

Comments: This bill provides that any person convicted of a crime of violence against a senior citizen or a person with a disability must serve a mandatory term of imprisonment. The term of imprisonment would be fixed at 90% of the sentence imposed or one year, whichever is greater; during that term, the offender would be ineligible for parole. Under the bill, a court would also be required to impose a term of post-incarceration parole supervision. The bill's definition of a person with a disability is not consistent with existing State or federal anti-discrimination or bias crime laws. Moreover, the Department of Corrections generally opposes mandatory imprisonment provisions because the State's prisons are currently at 140% capacity and because such provisions deprive Corrections officials of discretion regarding early release that is used as behavior management tool to deter inmate misconduct and elicit compliance with rules. Moreover, mandatory imprisonment may prevent appropriate treatment of offenders who suffer from developmental disabilities or other disabilities. The bill was combined and substituted by legislation that does not impose mandatory imprisonment.

Current Status: Combined with A1735, committee substitute passed Assembly, sent to Senate Judiciary Committee

Legislative Activity:
1/8/02  Introduced and referred to Assembly Senior Issues Committee

10/24/02  Combined with A1735; committee substitute passed Assembly, sent to Senate Judiciary Committee

Last Session:  A1073 Reported out of committee with committee amendments, referred to Assembly Judiciary Committee

Current Status: Senate Judiciary Committee

Legislative Activity: 6/30/02  Introduced and referred to Senate Judiciary Committee

Last Session: S316 Passed Senate, reported out of Assembly Senior Issues and Community Services Committee to Assembly Judiciary Committee

Sponsor: Assemblyman Richard A. Merkt (R25)

Sponsors: Senators Senator Diane Allen (R7) and John A. Girgenti (R35)

Summary: Creates the crime of victimization of a senior citizen or a person with a disability

Comments: This bill establishes a separate crime of victimization against a senior citizen or a person with a disability, which must be charged and proved as any other crime. Victimization would be graded one degree higher than the offense that was committed. A person would be guilty of victimization if the person commits any crime listed in the bill against a senior citizen or a person with a disability. Upon a conviction, the sentence imposed by the court would not merge with the sentence imposed for the underlying offense. This bill also provides that if the underlying crime for which the person is being sentenced was graded as a crime of the first or second degree, the sentence imposed shall include a term of post-incarceration parole supervision. Under the bill, "senior citizen" is defined as a person aged 62 or over and "person with a disability" is defined in the same manner as in A1735/S1188 (see above).

Current Status: Assembly Senior Issues Committee

Legislative Activity: 12/12/02 Introduced and referred to Assembly Senior Issues Committee

Last Session: A908

Current Status: Senate Judiciary Committee

Legislative Activity: 2/25/02 Introduced and referred to Senate Judiciary Committee

Last Session: S565  Passed in Senate 40-0 and sent to Assembly Judiciary Committee

Sponsors: Assemblyman Wilfredo Caraballo (D29) and Assemblywoman Arline M. Friscia (D19)

Sponsors: Senators Joseph F. Vitale (D19), Robert J. Martin (R26), Byron M. Baer (D37), James S. Cafiero (R1), Joseph Coniglio (D38), Garry J. Furnari (D36), and Walter J. Kavanaugh (R16)

Bill Title: Department of the Public Advocate Act

Summary: Re-establishes the Department of the Public Advocate; establishes new Division of Child Advocacy within the Department.

Comments: This bill, the "Department of the Public Advocate Act," would re-establish the Department of the Public Advocate in New Jersey. The Department was abolished through legislation on June 29, 1994. Under the pending bill, the advocacy functions previously performed by the Department of the Public Advocate would be restored with the exception of the Public Defender, which would remain a separate Office in the Executive Branch. In addition, the Department of the Public Advocate would gain new advocacy functions through various divisions, including Divisions of Child Advocacy, Elder Advocacy, Corrections Ombudsperson, Ombudsperson for Persons with Mental Illness, and Public Interest Advocacy. The bill authorizes the Public Advocate to intervene in legal proceedings, to receive complaints from citizens regarding the administrative action or inaction of State agencies, and to investigate or forward such complaints to appropriate agencies of the State. The Senate Budget and Appropriations Committee amendments eliminate the provision to pay advisory board members a per diem fee and instead permit reimbursement of expenses members incur in the performance of their duties.

Current Status: Committee substitute passed Assembly 6/24/02, passed Senate with amendments on 12/16/02, awaiting Assembly concurrence with Senate Budget and Appropriations Committee amendments

Related Bill: A2341

Legislative Activity:
1/08/02 Introduced and referred to Assembly State Government Committee

5/13/02 Reported out of committee with committee substitute, referred to Assembly Appropriations Committee

6/17/02 Reported out of committee, 2nd reading in Assembly

6/20/02 Amended on Assembly floor, 2nd reading in Assembly (Caraballo)

6/24/02 Motion to amend on Assembly floor (DeCroce)

6/24/02 Motion to table Assembly amendments 44-36-0 (Roberts)

6/24/02 Passed in Assembly 45-35-0

6/24/02 Received in Senate and referred to Senate State Government Committee

11/18/02 Reported out of committee with committee amendments, 2nd reading in Senate

11/18/02 Referred to Senate Budget and Appropriations Committee

12/12/02 Reported out of committee with committee amendments, 2nd reading in Senate

12/16/02 Substituted for S844 (SCS/1R)

12/16/02 Passed in Senate 34-5

12/16/02 Received in Assembly, 2nd reading in Assembly to concur with Senate amendments

Current Status: Assembly committee substitute passed in Senate and referred to Assembly with committee amendments for concurrence with amendments

Legislative Activity:
1/24/02 Introduced And Referred To Senate State Government Committee

11/18/02 Reported Senate Committee Substitute 2nd Reading

11/18/02 Referred To Senate Budget and Appropriations Committee

12/12/02 Reported Senate Committee Amendments 2nd Reading

12/16/02 Substituted by Assembly committee substitute for A345 and A2341

12/16/02 Passed in Senate 34-5

12/16/02 Received in Assembly, 2nd reading in Assembly to concur with Senate amendments

Sponsor: Senator Diane Allen (R7)

Summary: Establishes Persons-at-Risk Registry in DHSS; appropriates $250,000.

Comments: This bill would establish a Persons-at-Risk Registry in the Department of Health and Senior Services. Physicians, family members or caregivers of people with Alzheimer's disease and other disabilities involving diminished cognitive functioning would be able to voluntarily record certain identifying information about the person with the registry. The information in the registry would be made available to law enforcement personnel in the event that the person wanders from his or her home or caregiver in order to quickly identify, locate and return the person to safety. The bill provides that the registry would only collect information that would help identify the registrant and that the information would only be disclosed to law enforcement officials and would not be subject to the Open Public Records Act. The bill appropriates $250,000 from the General Fund to the Department of Health and Senior Services to establish and maintain the registry.

Action Taken: NJCDD contacted Senator Allen’s office seeking her support for enhanced protections for people with disabilities; following this contact she introduced this bill and other legislation furthering the interests of people with disabilities.

Legislative Activity: 1/15/02 Introduced and referred to Senate Health, Human Services and Senior Citizens Committee

Last Session: S1531 Reported out of committee, Referred to Senate Budget and Appropriations Committee

Sponsors: Assemblymen Eric Munoz (R21) and Guy R. Greg (R 24)

Sponsors: Senators Andrew R. Ciesla (R 10) and Thomas H. Kean (R21)

Summary: Establishes "Matthew's Law Limiting the Use of Restraints"

Comments: This bill restricts the use of physical and mechanical restraints on people with developmental disabilities by providing that, except in limited circumstances, physical and mechanical restraints may be used in emergency situations only. The bill also excludes aversive techniques as planned interventions. Under current law, in addition to emergency use, restraints and aversive measures may be used as planned interventions as part of approved behavior modification plans. Since restraints and aversives may be included in treatment or individual habilitation plans, the unusual incident reporting requirements of the Division of Developmental Disabilities in the Department of Human Services do not apply to their use. Under the provisions of the bill, the use of a physical or mechanical restraint would be reported within one working day as an unusual incident, in accordance with the Division of Developmental Disabilities' policy for reporting unusual incidents. This procedure requires a report of unusual incidents to the person's parent or legal guardian, to the Division and to the Department of Human Services. In addition, the bill includes a provision requiring staff training in positive approaches to behavior and completion of a course in understanding the legal and ethical responsibilities of staff. The bill also requires the Department to develop and maintain a web site for statistical information about the number of unusual incidents occurring at public or private facilities and agencies, as well as any reports or findings from any State monitoring agencies. This bill is based on Nevada and Pennsylvania law and is intended to reduce the use of physical and mechanical restraints and eliminate aversive techniques in the State. The sponsors note that the bill is intended to address the tragic situation that occurred at a State-licensed facility in Haddonfield, where a teenage boy with autism died after being improperly restrained and left unattended.

Action Taken: See description under next bill, A2849

Current Status: Assembly Health and Human Services Committee

Legislative Activity:
10/7/02  Introduced and referred to Assembly Health and Human Services Committee

1/16/03  Combined with A2849

Current Status: Senate Health, Human Services and Senior Citizens Committee

Legislative Activity: 1/19/03 Introduced and referred to Senate Health, Human Services and Senior Citizens Committee

Sponsors: Assemblywomen Mary T. Previte (D6), Loretta Weinberg (D37), Assemblyman William D. Payne (D29)

Sponsor: Senator Diane B. Allen (R7)

Summary: Governs the use of restraints and aversive measures

Action Taken: Council staff attended legislative hearing on January 16, 2003 and also attended an informational meeting with members of the Assembly in May 2003. Council staff wrote to Assembly Committee members to convey that the Developmental Disabilities Assistance and Bill of Rights Act sets forth Congress' express finding that both the federal and state governments:  have an obligation to ensure that public funds are provided only to institutions … that provide treatment, services and habilitation that … meet minimum standards relating to [the] prohibition of the use of physical restraint and seclusion … unless absolutely necessary to ensure the immediate physical safety of the individual or others, and prohibition of the use of such restraint and seclusion as a punishment or as a substitute for a habilitation program.[42 U.S.C. §15009(a)(3) (emphasis added)]

The letter also suggests that legislation governing restraints and aversive measures should prohibit the use of restraints in non-emergent situations and should include provisions for extensive training for staff and program monitors on both the use of restraints and alternative positive approaches to behavior. Council staff also expressed support for provisions that require reporting and public disclosure of the use of restraints and aversive measures.

Current Status: Assembly Committee Substitute for A2849 and A2855 reported for 2^nd reading

Legislative Activity:
10/7/02 Introduced and referred to Assembly Health and Human Services Committee

1/16/03 Assembly Committee Substitute for A2855 and A2849 reported favorably and referred to Assembly Regulatory Oversight Committee

1/16/03 Committee Substitute Bill Reported for 2nd Reading

Current Status: Senate Health, Human Services and Senior Citizens Committee

Legislative Activity: 12/12/02 Introduced and referred to Senate Health, Human Services and Senior Citizens Committee

Sponsors: Assemblywomen Mary T. Previte (D6) and Loretta Weinberg (D37) and
Assemblyman William D. Payne (D29)

Summary: Requires training for staff working with persons with developmental disabilities; appropriates $2,104,740.

Comments: This bill requires training for staff who work directly with people who have developmental disabilities at facilities or agencies that provide services to such individuals. The training would concern the use of physical and mechanical restraints and would emphasize the need to limit the use of such measures and to prevent or reduce the use of physical and mechanical restraints through positive therapeutic approaches. The training requirements further provide that a staff member may not apply a mechanical device on a person unless the staff member has received specific training in the use and application of that device. The bill also provides for annual refresher training. The bill contains an appropriation of $2,104,740 for the purpose of providing the training required under the bill.

Action Taken: The bill recognizes the need for annual staff training and the importance of alternate treatment approaches. It also takes the important step of prohibiting non-trained staff from applying restraints or aversive measures. However, the training is only limited to direct staff rather than including all individuals involved in making decisions about the treatment of clients and patients, such as supervisors of direct staff and directors of programs. Moreover, Council staff is concerned that the prescribed training would teach about the use of restraints or aversive measures as part of a standing order in a treatment or habilitation plan, which appears to conflict with the principles of the Developmental Disabilities Assistance and Bill of Rights Act. (See "Action Taken" on A2849 / S2142 above for more information.) Similarly, the bill does not expressly require training in the use of functional behavioral assessments and positive behavior supports, approaches utilized by experts in the field of treating individuals at risk of being subjected to restraints and aversive measures. Finally, it is not clear that the appropriation for provider training is needed, as the new topics may be able to be incorporated into existing training programs, leaving the funds available for other needed services and supports for individuals with disabilities.

Current Status: Assembly Health and Human Services Committee

Legislative Activity: 10/07/2002 – Introduced and referred to Assembly Health and Human Services Committee

Sponsor: Senator Leonard Lance (R23)

Summary: Amends the State Constitution to bar the imposition of the death penalty on people with mental retardation

Comments: This proposed constitutional amendment would bar the imposition of the death penalty on a person with mental retardation who is convicted of murder. The amendment defines "mental retardation" as "significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior which are manifested during the development period."

Current Status: Senate Judiciary Committee

Legislative Activity: 1/8/02 Introduced and referred to Senate Judiciary Committee

Last Session: ACR167

Sponsors: Assemblyman Joseph J. Roberts, Jr. (D-5) and Assemblywoman Linda Greenstein (D14)

Sponsors: Senators Wayne R. Bryant (D5) and Richard H. Bagger (R21)

Summary: Provides that people with mental retardation would not be eligible for the death penalty

Comments: The bill would prohibit the imposition of the death penalty against a criminal defendant who meets the bill’s definition of "mentally retarded" and who is convicted of a crime otherwise punishable by death under N.J.S.A. 2C:11-3b. Accordingly, in cases involving such defendants, a judge could only impose a term of imprisonment provided under the applicable sentencing statute. Disability advocates support a functional definition of "mentally retarded" such as the definition included in this bill and oppose the use of a "bright line" definition that would protect only those individuals who scored below a set IQ number.

Current Status: Assembly Judiciary Committee

Legislative Activity: 3/26/02 Introduced and referred to Assembly Judiciary Committee

Last Session: A3747

Legislative Activity: 1/8/02 Introduced and referred to Senate Judiciary Committee