52:27EE-26 Office of Corrections Ombudsperson; transfer of functions.

26. Office of Corrections Ombudsperson; transfer of functions.

a. All functions, powers, and duties now vested in the Corrections Ombudsperson in the Department of the Public Advocate are hereby transferred to and assumed by the Office of the Corrections Ombudsperson in, but not of, the Department of the Treasury. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Corrections Ombudsperson is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the Office of the Ombudsperson shall be independent of any supervision or control by the Department of the Treasury or by any board or officer thereof.

b. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial, or administrative proceeding, or otherwise, reference is made to the Corrections Ombudsperson in the Department of the Public Advocate the same shall mean and refer to the Office of the Corrections Ombudsperson in, but not of, the Department of the Treasury.

c. The office shall be responsible for:

(1) providing information to inmates and their families;

(2) promoting public awareness and understanding of the rights of inmates;

(3) identifying systemic issues and responses upon which the Governor and Legislature may act; and

(4) ensuring compliance with relevant statutes, rules, regulations, and policies concerning corrections facilities, services, and treatment of inmates under the jurisdiction of the department.

d. The Corrections Ombudsperson shall serve as the head of the Office of the Corrections Ombudsperson.

(1) The corrections ombudsperson shall be appointed by the Governor from qualified persons of recognized judgment, independence, objectivity, and integrity, who are qualified by training or experience in corrections law and policy.

(2) A person shall be disqualified from being appointed as ombudsperson if the person or the person's spouse:

(a) is or has been employed by or participates in the management of a business entity or other organization receiving funds from the department within the last five years;

(b) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department within the last five years;

(c) uses or receives any amount of tangible goods, services, or funds from the department; or

(d) is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession related to the operation of the department or the office.

e. The corrections ombudsperson shall hold the office for a term of five years and continue to hold the office until reappointed or the appointment of a successor. The Governor may remove the ombudsperson only for neglect of duty, misconduct, or the inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.

f. The corrections ombudsperson shall report directly to the Governor.

g. The office shall be adequately funded and staffed with the requisite number of employees with expertise and training necessary to carry out the duties of the office.

h. The corrections ombudsperson may employ assistants to perform duties and exercise the same powers as the ombudsperson.

i. A person may not serve as an assistant corrections ombudsperson or employee of the office if the person or the person's spouse:

(a) is or has been employed by or participates in the management of a business entity or other organization receiving funds from the Department within the last five years;

(b) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department within the last five years;

(c) uses or receives any amount of tangible goods, services, or funds from the department; or

(d) is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession related to the operation of the department or the office.

j. The corrections ombudsperson may employ technical experts and other employees or consultants necessary to perform the duties of the office.

L.2005, c.155, s.26; amended 2010, c.34, s.24; 2019, c.288, s.6.