summary
Introduced
02/13/2020
02/13/2020
In Committee
02/13/2020
02/13/2020
Crossed Over
Passed
Dead
01/11/2022
01/11/2022
Introduced Session
2020-2021 Regular Session
Bill Summary
This bill would implement the provisions of a constitutional amendment which authorizes the transfer of probation from the Judiciary to the newly created Bureau of Probation in the State Parole Board. Specifically, the bill transfers all of the functions, powers, and duties of the Judiciary concerning probation to the Bureau of Probation in the State Parole Board. The transfer includes all records, equipment, technology, and other personal property, appropriations, and any unexpended balances of funds appropriated or otherwise available to the Judiciary pertaining to probation officers. The transfer would be subject to the provisions of the State Agency Transfer Act. Under the bill, all probation officers and those employees who are subject to the professional case-related contract and the professional supervisors contract are transferred from the Judiciary to the Bureau of Probation in the State Parole Board. The bill provides that the two contracts concerning probation officers and other employees who are supervisory employees and those who are case-related professional employees, and any others continues in full force and effect until their until successor contracts are negotiated. Changes appropriate to these contracts as a result of the transfer would immediately be negotiated by the current probation officers' employee organizations and the State Parole Board. The bill further specifies that all transferred employees and those covered by the two contracts would be employees of the Bureau of Probation in the State Parole Board and would retain their career service employment status and collective bargaining status, including all rights of tenure, retirement, pension, disability, leave of absence or similar benefits, held on the bill's effective date. The bill specifically provides that all probation employees transferred to the Bureau of Probation are to retain their membership in the Public Employees' Retirement System and are not eligible for membership in the Police and Firemen's Retirement System. The bill also permits the employee organizations which have represented probation officers prior to the enactment of this bill to continue their representation. Finally, the bill moves the previously established "Probation Officer Community Safety Unit" from the Judiciary to the Bureau of Probation. The unit is to consist of at least 200 probation officers who are authorized to carry a firearm and who have the authority to arrest probationers, enforce the criminal laws of this State, and enforce warrants for the apprehension and arrest of probationers who violate conditions of probation. Initially established in 2001, the New Jersey Supreme Court held that the Legislature violated the separation of powers doctrine when it established the unit as probation officers are an integral part of the court system and are under the regulatory control of the Judiciary.
AI Summary
This bill transfers all probation functions, powers, and duties from the Judiciary to the newly created Bureau of Probation within the State Parole Board. It transfers all probation officers and related employees, along with their records, equipment, and funding, to the Bureau of Probation. The bill also establishes a "Probation Officer Community Safety Unit" within the Bureau of Probation, consisting of at least 200 probation officers with law enforcement powers to carry firearms, arrest probationers, and enforce criminal laws. The existing contracts and collective bargaining agreements for probation officers will remain in effect, and the employee organizations representing them will continue to represent them under the new structure.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 02/13/2020)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://www.njleg.state.nj.us/bill-search/2020/S1713 |
BillText | https://www.njleg.state.nj.us/Bills/2020/S2000/1713_I1.HTM |
Bill | https://www.njleg.state.nj.us/Bills/2020/S2000/1713_I1.PDF |
BillText | https://www.njleg.state.nj.us/2020/Bills/S2000/1713_I1.HTM |
Bill | https://www.njleg.state.nj.us/2020/Bills/S2000/1713_I1.PDF |
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