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New Jersey Section 2C:47-7 – Cost of maintenance

New Jersey Section 2C:47-7 – Cost of Maintenance for Sex Offenders Sent to the Adult Diagnostic and Treatment Center

New Jersey Section 2C:47-7 is part of the state’s criminal code that deals with the cost of maintenance for sex offenders who are sentenced to the Adult Diagnostic and Treatment Center (ADTC) . 

This section gives the Commissioner of the Department of Corrections the authority to determine and set the per capita cost of examining and treating sex offenders at the ADTC.

Overview of NJ Section 2C:47-7

Section 2C:47-7 states that the Commissioner shall determine and fix the per capita cost of examining and maintaining any offender upon order of the court pursuant to Section 2C:47-1.

This per capita cost covers the expenses related to evaluating and treating sex offenders who are sentenced to the ADTC under New Jersey’s sex offender civil commitment program.

Some key points about Section 2C:47-7:

• It applies to offenders sentenced to the ADTC under Section 2C:47-1, which covers convictions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, criminal sexual contact, felony murder if the underlying crime is sexual assault, or any offense with a sexual motivation finding.
• The Commissioner sets the per capita cost of maintenance at the ADTC. This covers the costs of examining, treating, and confining the offender.
• The per capita cost is provided to the county treasurer where the offender has legal settlement, as determined by the sentencing court.
• The county is then required to pay the State the per capita cost for maintaining the offender at the ADTC.

So in essence, this section establishes the authority and process for billing counties for the cost of keeping sex offenders sentenced to the ADTC, with the goal of reimbursing the State for these expenses.

Background of Sex Offender Civil Commitment in NJ

New Jersey operates one of the oldest and most well-known sex offender civil commitment programs in the United States. The ADTC was established in 1976 to provide treatment to certain sex offenders after their criminal sentences expire.

Offenders who are nearing the end of their criminal sentence can be referred to the ADTC under Section 2C:47-1. They undergo an evaluation to determine if they should be civilly committed for further treatment.

This provides a mechanism to continue confining the most dangerous sex offenders even after they complete their prison terms. The US Supreme Court has upheld the constitutionality of civil commitment programs when offenders have serious difficulty controlling their behavior.

New Jersey’s sex offender civil commitment program has been viewed as a model, but also controversial. Critics argue it amounts to preventive detention without sufficient due process protections. However, proponents say it enhances public safety by treating high-risk sex offenders.

Section 2C:47-7 fits into this scheme by establishing how counties contribute to the cost of confining and treating civilly committed offenders, instead of relying entirely on state funds.

Key Factors in Calculating Per Capita Cost

So how does the Commissioner actually determine the per capita cost for maintaining sex offenders at the ADTC under Section 2C:47-7?The per capita cost includes all expenses related to housing, treating, and confining civilly committed sex offenders. Some of the main factors considered include:

• Salaries of staff including psychiatrists, psychologists, social workers, correctional officers
• Costs of medications and medical care
• Food, clothing, maintenance costs
• Facility operational expenses
• Administrative overhead
• Capital costs like buildings and equipment
• Transportation and security for offenders
• Legal costs

All of these costs are added up and divided by the number of civilly committed offenders at the ADTC. This provides an average per capita cost per offender that is billed to the counties.

The Commissioner has set the current per capita rate at approximately $123,000 per offender per year. However, the actual costs incurred by the ADTC are estimated to be higher when all factors are considered.

Billing and Payment Process

Once the Commissioner sets the per capita rate for a given year, here is the typical process for billing and collecting payment from the counties:

• The ADTC sends a certification of the per capita cost to the county treasurer where the offender has legal settlement. This is based on the sentencing court’s determination.
• The county treasurer then pays the per capita cost to the State Treasurer.
• Payments are made in quarterly installments to reimburse the State throughout the year.
• If the county fails to pay, the State Treasurer may institute civil action to recover the unpaid costs.
• Counties are expected to pay the per capita costs for ADTC offenders each year. The State does not directly reimburse counties for these expenses.

Ongoing Legal and Policy Issues

While Section 2C:47-7 provides a mechanism for counties to share costs, the ADTC’s civil commitment program continues generating legal and policy controversies including:

• Due process: Offenders argue the commitment process lacks sufficient due process protections before they are deprived of liberty. They say annual review hearings are not comprehensive enough.
• Right to treatment: Offenders have challenged the adequacy of treatment provided at the ADTC, claiming confinement conditions violate their constitutional rights.
• Community supervision: Some argue offenders who demonstrate progress should be released under community supervision rather than indefinite civil commitment.
• Costs: Counties have complained about the financial burden of maintaining ADTC offenders. They argue the State should contribute more to offset the per capita rate charged to counties.

Proponents of the program say modifications to New Jersey’s civil commitment process could undermine public safety and treatment of dangerous offenders. But critics contend reforms are needed to make the program more fair while achieving the same goals.

The New Jersey Legislature continues monitoring the ADTC and considering updates to Sections 2C:47-1 through 2C:47-10 to improve the civil commitment program. But major changes have stalled due to the complex legal and policy issues involved.

Conclusion

Section 2C:47-7 enables New Jersey to charge counties for the per capita cost of maintaining and treating sex offenders who are civilly committed to the ADTC after completing criminal sentences.

While civil commitment aims to promote public safety and rehabilitation, the program has generated significant controversy. The billing process under Section 2C:47-7 places financial burden on counties to support an initiative that some view as legally questionable.

Yet for now, Section 2C:47-7 remains part of New Jersey’s framework for the ADTC’s operations and funding. Ongoing oversight and potential reforms may modify the civil commitment process, but counties will likely continue sharing costs with the State for managing high-risk sex offenders.