Summary of Bill S 4046 (New Jersey, Session 222)
Title: Establishes New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities
Purpose and intent
- Create a centralized state agency within the Department of Human Services—the New Jersey Justice Center for the Protection of Individuals with Intellectual and Developmental Disabilities (the Justice Center).
- Provide uniform safeguards, oversight, and coordination to protect individuals with intellectual and developmental disabilities (ID/DD) who live in or receive services from department programs or facilities.
Key provisions and changes
1) Definitions and scope
- Establishes standard definitions for abuse, neglect, exploitation, and other terms used throughout the act.
- Clarifies that “caregiver” includes entities receiving State funding to provide services, with exceptions for immediate family members.
2) Establishment and leadership
- Creates the Justice Center, headed by an Executive Director appointed by the Governor with Senate advice and consent.
- The Executive Director appoints and oversees staff and sets policy and procedures for protection of ID/DD individuals.
3) Core duties of the Justice Center
- Central oversight of reports of abuse, neglect, or exploitation in department programs and facilities.
- Central Registry access: House and manage the Central Registry of Offenders Against Individuals with Developmental Disabilities (from a 2010 law) and handle investigations, substantiated findings, and disciplinary actions for state employees.
4) Access and information sharing
- The Justice Center has broad access to department programs and facilities and to relevant records, as necessary to perform duties, including confidential information under applicable law.
5) Organizational structure
- Two units under the Justice Center:
- A criminal unit (prosecution-focused)
- A non-criminal unit (resolution-focused)
- If an investigation suggests possible criminal charges, it will be referred to the criminal unit.
6) Special prosecutor and inspector general
- Creates a specially appointed prosecutor and inspector general for protection of ID/DD individuals.
- The special prosecutor investigates/prosecutes offenses and cooperates with local law enforcement and District Attorneys.
- Powers include obtaining search warrants (with notice to the DA in most cases) and appearing in court to manage prosecutions.
7) Additional responsibilities of the Justice Center
- Establish procedures for incident notification and participation in administrative hearings related to discipline and adjudication of abuse/neglect.
- Designate lead agencies for coordinated incident response in dual-licensed or co-located facilities.
- Implement uniform codes of conduct for direct care staff, covering rights, self-determination, training, reporting, and duties to report incidents.
- Develop and oversee training curricula for care providers and supervisory staff on reporting, prevention, and disciplinary processes.
- Review criminal history information for potential employees/volunteers/consultants as required by law and require sworn crime history disclosures.
- Conduct visits/inspections of programs and facilities, place safety monitors, and promote rights understanding among ID/DD individuals.
- Provide guidance and resources for legal rights, advocacy, and access to records.
8) Medical Review Board
- Establishes the Justice Center Disability Mortality and Abuse Prevention Medical Review Board (up to 15 members) to review unusual deaths, conduct autopsies as needed, inspect facilities, and issue recommendations to prevent recurrence.
- Board records are confidential.
9) Annual reporting
- Requires an annual report to the Governor and Legislature, detailing:
- Number of reports to the Central Registry
- Investigation outcomes by program/facility
- Corrective actions taken
- Patterns/trends in reporting/response and training activities
- Training actions taken by the Justice Center
Effective date
- Enactment triggers a 90-day delayed effective date after passage; the Commissioner of Human Services may begin anticipatory actions to implement.
Impact and who is affected
- Individuals with ID/DD receiving services from department programs or facilities would be protected by standardized procedures and enhanced oversight.
- State employees and providers would be subject to new reporting, investigation, and discipline structures.
- Law enforcement and local prosecutors would interact with a dedicated special prosecutor and inspector general.
- Schools, service providers, and co-located facilities would face uniform incident reporting, conduct codes, and training requirements.
Sponsor and status
- Introduced in Senate (S 4046) on 2026-03-23; referred to Senate Health, Human Services and Senior Citizens Committee.
- Co-sponsor: John McKeon.