Bill > A601

Introduced Session

This bill would provide legal representation and other advocacy services to protect and advocate for the rights of developmentally disabled persons by establishing the Division of Advocacy for Developmentally Disabled within the Office of the Public Defender. This bill also provides that the Public Defender would designate at least one public defender in every office with knowledge of the needs of developmentally disabled persons to represent those clients with developmental disabilities in criminal cases. This bill would establish the Division of Advocacy for the Developmentally Disabled in the Office of the Public Defender to be under the supervision of the Director of the Division of Advocacy for the Developmentally Disabled. The division would be designated as the State's protection and advocacy agency for persons with developmental disabilities. The division would have all of the powers necessary to carry out its responsibilities as required to qualify for federal funding as the State protection and advocacy agency. The Division of Advocacy for the Developmentally Disabled would promote, advocate, and ensure the adequacy of the care received by persons with developmental disabilities, including persons within facilities and programs operated, funded, or licensed by the State. The division would be authorized to receive and investigate complaints and provide legal representation and other advocacy services on an individual or class basis. Eligibility for services for the developmentally disabled would be determined on the basis of the need of the client and in a manner consistent with the conditions of any grant obtained by the Public Defender to assist in implementing this bill. The Director of the Division of Advocacy for the Developmentally Disabled may employ, with the approval of the Public Defender, such assistants on a full time basis as are necessary to protect the rights of developmentally disabled persons. These assistants would have knowledge of the needs of developmental disabled persons. When exceptional circumstances arise, the director may retain, with the approval of the Public Defender, on a temporary basis such other expert assistants as are necessary pursuant to a reasonable fee schedule established in advance by the Public Defender. Cases would be assigned to staff attorneys, or attorneys hired by case, on a basis calculated to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors. The bill also supplements Title 2A and provides that the Public Defender would designate at least one deputy public defender or assistant public defender in every office with knowledge of the needs of developmentally disabled persons to represent those clients with developmental disabilities in criminal cases. This bill defines a developmentally disabled person by cross-referencing to the definition in section 3 of the "Developmentally Disabled Rights Act," P.L.1977, c.82 (C.30:6D-3). Pursuant to that section, a developmental disability means a severe, chronic disability of a person which: is attributable to either a mental or physical impairment, or a combination of mental or physical impairments; manifests before age 22; is likely to continue indefinitely; results in substantial functional limitations in at least three areas of major life activity, such as self-care and receptive and expressive language; and reflects the need for a combination and sequence of special inter-disciplinary or generic care, treatment or other services which are lifelong or extended duration and are individually planned and coordinated.

Committee Categories

Jim Kennedy (D)*,  Shavonda Sumter (D)*, 

Introduced, Referred to Assembly Aging and Human Services Committee (on 01/09/2024)

Official Document