New Jersey Section 2C:12-12 – Definitions relative to certain acts of inmates, parolees

New Jersey Law on Inmate and Parolee Offenses: An Overview for the Everyday Person

New Jersey law contains some pretty specific definitions and provisions related to criminal acts committed by inmates and parolees. As a regular joe, you might be wondering – why so much focus on criminals who are already in the system?

Well, here’s the thing. Prisons and jails are intense environments. With high tensions, gang activity, overcrowding and a lack of resources, violence and crime within correctional facilities are major issues. The same goes for parolees trying to adjust to life outside while still under state supervision. There are high rates of recidivism and re-offending.

So the lawmakers in Trenton have established particular laws dealing with crimes by inmates and parolees. The goal is to punish these offenses and hopefully deter future ones.

Let’s break down the key definitions and provisions within N.J. Stat. § 2C:12-12 so us regular people can understand what the heck it all means!

Defining an Inmate

First, we need to be clear on what the law means by an “inmate.” Seems obvious, but the legal definition is:

“A person confined in a correctional facility or under custody of a law enforcement official following arrest.”

The correctional facility can be a prison, jail, halfway house, psychiatric hospital, or really anyplace that houses detained individuals.

So if someone is serving time in prison, awaiting trial in jail, or even temporarily held by police – they are considered an inmate under 2C:12-12.

What’s Considered a Correctional Facility?

As we just mentioned, the law applies to inmates in correctional facilities. What counts as a correctional facility? The statute defines it as:

“Any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including but not limited to jails, prisons, penitentiaries, houses of detention, detention centers, workhouses, county and local correctional institutions and other institutions and facilities within the State.”

That’s a mouthful! But it covers the wide range of locked facilities that house inmates in New Jersey.

Notable exceptions are facilities for juveniles, like juvenile detention centers. The law only applies to inmates age 18 and older.

Parolees Defined

Section 2C:12-12 also covers parolees. The definition of a parolee is:

“A person who has been released from incarceration under the supervision of the State Parole Board.”

So if someone is released from prison conditionally and must report to a parole officer, they are a parolee under this statute.

The law treats parolees and inmates similarly when it comes to offenses committed while under state supervision.

Key Offenses Defined

Now that we understand inmates and parolees, let’s look at some key offenses defined by 2C:12-12:

Aggravated Assault of Inmate or Parolee

This is defined as:

“A person who commits a simple assault, as defined in subsection a. (1), (2) or (3) of N.J.S.2C:12-1, upon an inmate or parolee while in the course of committing any of the following crimes: aggravated assault, disarming a law enforcement officer, kidnapping, murder, manslaughter or robbery, is guilty of a crime.”

Breaking that down – simple assault on an inmate/parolee becomes aggravated assault if done while committing another serious violent crime.

Assault of Corrections Officer

This offense involves:

“A person who commits a simple assault, as defined in subsection a. (1), (2) or (3) of N.J.S.2C:12-1, upon a corrections officer is guilty of a crime of the fourth degree.”

So any inmate or parolee who commits a minor assault against a CO can face enhanced charges. The CO doesn’t need to be seriously harmed.

Possession or Control of Weapons by Inmates

This provision prohibits inmates from:

“Knowingly obtaining, possessing or exercising control over a weapon while confined in a correctional facility or when a person is committed to the Adult Diagnostic and Treatment Center.”

Seems obvious prisons don’t want weapons getting into inmate hands. But this statute makes it a distinct criminal offense.

Possession or Control of Electronic Communication Devices by Inmates

Similarly, inmates are prohibited from:

“Knowingly obtaining, possessing or exercising control over an electronic communication device while confined in a correctional facility.”

No cell phones for prisoners! This prevents unmonitored communications that could facilitate criminal activity.

Throwing Bodily Fluids at Corrections Officers

Yes, this is a real offense defined by 2C:12-12:

“A person who throws or otherwise projects, willfully and purposely, any bodily fluid including, but not limited to, urine, feces, blood or seminal fluid at a corrections officer is guilty of a crime.”

Pretty self-explanatory. A disgusting but not uncommon occurrence in prisons that is explicitly outlawed.

Assaults on Juvenile Corrections Officers

Remember only inmates 18+ are covered by 2C:12-12. But a similar law at N.J. Stat 2C:12-1.1 deals with assaults on juvenile corrections officers.

So those are some of the main offenses and definitions covered by New Jersey’s laws around inmate and parolee crimes. The statutes get pretty detailed but hopefully this breakdown gives some insight for us regular folks!

The goals are to punish crimes within correctional facilities, protect COs doing their jobs, and prevent activities like organizing gang activity. However, some argue these provisions are too harsh and perpetuate mass incarceration. But that’s a whole other debate!

The takeaway is that in the intense environment of prisons and state supervision, lawmakers have established special rules and offenses. This aims to maintain order and safety. But it also shows how inmate rights are restricted compared to average citizens.

So next time you hear about an “aggravated assault of an inmate” or “possession of contraband” in the news, you’ll know it refers to some of these specific crimes defined by the statutes. You can chat knowledgeably about it around the water cooler! And isn’t being an informed citizen what law blogs are all about?