WHEREAS, the State prisons and other penal and correctional institutions
of the New Jersey Department of Corrections continue to house populations
of inmates in excess of their capacities and remain overcrowded;
and
WHEREAS, on April 4, 1994, the State Legislature enacted P.L.
1994, c.12, which declared a continuing state of emergency in the
State prisons and other penal and correctional institutions of the
New Jersey Department of Corrections and conferred upon the Governor
the authority to issue executive orders, for a period not to exceed
2 years, to address the effects of the continuing state of emergency
declared therein; and
WHEREAS, on April 4, 1994, Executive Order No. 16 was issued pursuant
to P.L. 1994, c.12 to address the effects of the continuing state
of emergency in the State prisons and other penal and correctional
institutions of the New Jersey Department of Corrections; and
WHEREAS, from April 1994, until this month, the total adult inmate
population of State-sentenced inmates has increased from 23,608
to 27,950; and
WHEREAS, from April 1994, until this month, the total adult inmate
population of State-sentenced inmates housed in county jails has
increased from 4,020 to 4,517; and
WHEREAS, in April 1994, the State's adult and youth correctional
institutions were operating at 134.3 percent of design capacity
and are presently operating at 148.1 percent of design capacity;
and
WHEREAS, the State's correctional system is receiving 100 more
inmates per month than it is releasing from the system; and
WHEREAS, these conditions exist despite the addition of 2,145
beds to the State's correctional system since the issuance of Executive
Order No. 16; and
WHEREAS, since April 1994, various initiatives have been implemented
by the Department of Corrections as alternatives to incarceration
to help lessen the State's inmate population; and
WHEREAS, efforts are continuing to address the problem, including
the anticipated opening of Phase I of a new prison facility by March
1997 that will house 1,000 State-sentenced inmates; and
WHEREAS, the State continues to make a good faith effort to reduce
the population of State-sentenced inmates in county facilities;
and
WHEREAS, despite best efforts, overcrowding conditions continue
to endanger the safety, welfare and resources of the residents of
this State; and
WHEREAS, the scope of this crisis prevents local governments from
safeguarding the people, property and resources of the State and
continues to warrant a centralized management approach to inmate
housing assignments; and
WHEREAS, the overcrowding conditions specified in Executive Order
No. 16 of April 4, 1994, continue to create a state of emergency
in the State prisons and other penal and correctional institutions
of the New Jersey Department of Corrections; and
WHEREAS, P.L. 1994, c.12 and Executive Order No. 16 expire on
April 4, 1996; and
WHEREAS, the State Legislature, by enactment of P.L. 1996, c.9,
has declared that the state of emergency in the State prisons and
other penal and correctional institutions of the New Jersey Department
of Corrections, which was declared pursuant to P.L. 1994, c.12,
continues; and
WHEREAS, the State Legislature, by enactment of P.L. 1996, c.9,
has extended the Governor's authority to issue executive orders
pursuant to that act to address the effects of the continuing state
of emergency declared therein;
NOW, THEREFORE, I, CHRISTINE TODD WHITMAN, Governor of the State
of New Jersey, by virtue of the authority vested in me by the Constitution
and by the Statutes of this State, do hereby ORDER and DIRECT as
follows:
1. I invoke such powers as are conferred upon me by P.L. 1996,
c.9.
2. I hereby direct that the authority to designate the place
of confinement of any State-sentenced inmate shall be exercised
for the duration of this Order by the designee of the Governor
to address the emergency conditions within the State prisons and
other penal and correctional institutions of the New Jersey Department
of Corrections.
3. I hereby designate the Commissioner of the New Jersey Department
of Corrections (the "Commissioner") to effectuate the provisions
of this Order.
4. The Commissioner may designate as a place of confinement
any available, suitable and appropriate institution or facility,
whether owned by the State, a county, or any political subdivision
of this State, or any other person, for the confinement of inmates
confined or to be confined in the State and/or county penal or
correctional institutions.
5. The Commissioner shall consult with the appropriate county
officials prior to implementation of any substantial change in
the population of State-sentenced inmates housed in that county.
6. The Commissioner shall have full authority to adopt such
rules, regulations, orders and directives as he shall deem necessary
to effectuate the provisions of this Order.
7. The Commissioner is authorized to establish rates of compensation
for counties that house State-sentenced inmates as he deems appropriate.
8. This Order shall take effect immediately.
GIVEN, under my hand and seal
this 28th day of March in the Year
of Our Lord, One Thousand Nine
Hundred and Ninety Six, and of the
Independence of the United States,
the Two Hundred and Twentieth.
/s/ Christine Todd Whitman
Governor
Attest
/s/ Margaret M. Foti
Chief Counsel to the Governor
|