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Bill > SCR39
NJ SCR39
NJ SCR39Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.
summary
Introduced
01/09/2024
01/09/2024
In Committee
01/09/2024
01/09/2024
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This Concurrent Resolution proposes to amend the State Constitution to authorize the Legislature to enact a statute to establish a Bureau of Probation in the State Parole Board. The constitutional amendment transfers all of the functions, powers, duties, and responsibilities concerning probation, and the probation officers and other professional supervisors, case workers, and case-related employees who perform probation functions from the Judiciary to this new Bureau of Probation. Under this proposed constitutional amendment, existing contractual terms and conditions would remain unchanged, as would the status of exclusive employee bargaining representatives. The units and contracts, as well as the contract representatives, would be continued in the Bureau of Probation. In 2001, the Legislature enacted a law (P.L.2001, c.362; C.2B:10A-1 et al.) to establish a "Probation Officer Community Safety Unit" consisting of at least 200 probation officers authorized to carry a firearm in accordance with the provisions of paragraph (17) of subsection c. of N.J.S.2C:39-6 and regulations adopted by the Attorney General. The legislation also granted these probation officers 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. In April 2006, the New Jersey Supreme Court ruled that P.L.2001, c.362 (C.2B:10A-1 et al.) was unconstitutional because it violated the separation of powers doctrine. The court stated that it is the responsibility of the Judiciary to define the duties of probation officers. The court also reiterated its position that probation officers are not law enforcement officers, but impartial agents of the Judiciary.
AI Summary
This concurrent resolution proposes a constitutional amendment to authorize the New Jersey Legislature to establish a Bureau of Probation within the State Parole Board, effectively transferring all probation-related functions and personnel from the Judiciary to this new bureau. The amendment ensures that existing employment contracts and collective bargaining agreements remain unchanged during this transfer, protecting the rights and status of current probation officers and related employees. If approved by voters in a general election, this amendment would legally enable the Legislature to create the new Bureau of Probation and move probation functions from the judicial branch to the executive branch. The background context suggests this is partly in response to a 2006 New Jersey Supreme Court ruling that previously limited legislative control over probation functions by asserting that probation officers are agents of the Judiciary and not law enforcement officers. The proposed constitutional amendment would provide the Legislature with the explicit authority to reorganize probation services that was previously constrained by the court's interpretation of separation of powers.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)
Official Document
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/SCR39 |
| BillText | https://pub.njleg.gov/Bills/2024/SCR/39_I1.HTM |
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