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NJ ACR161
NJ ACR161Proposes constitutional amendment authorizing statute transferring probation functions from Judiciary to State Parole Board.
summary
Introduced
03/24/2025
03/24/2025
In Committee
03/24/2025
03/24/2025
Crossed Over
Passed
Dead
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 that would authorize the New Jersey Legislature to establish a Bureau of Probation within the State Parole Board and transfer all probation-related functions, powers, duties, and responsibilities from the Judiciary to this new bureau. The proposed amendment specifically ensures that existing employment contracts and bargaining representative status would remain unchanged during this transfer, meaning that current probation officers and related employees would maintain their current terms of employment and union representation. The resolution provides for the proposed amendment to be submitted to voters at a general election, with a ballot question that explains the proposed transfer of probation functions from the Judiciary to the State Parole Board. This proposed change comes in the context of previous legal challenges, including a 2006 New Jersey Supreme Court ruling that had previously limited legislative attempts to redefine probation officers' roles, and aims to provide a constitutional pathway for restructuring the administration of probation services in the state.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 03/24/2025)
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/2024/ACR161 |
| BillText | https://pub.njleg.gov/Bills/2024/ACR/161_I1.HTM |
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