As reported by nj.com, New Jersey pumps nearly $65 million a year into a network of privately run halfway houses, but the system is rife with problems, according to a state comptroller report released yesterday. Even when contracts are violated, the state has failed to crack down on security lapses, the report said. Worst of all, it’s unclear whether the programs are actually achieving their chief goal: reducing the number of inmates committing new crimes by preparing them for life outside prison.

Comptroller Matthew Boxer said the state “cannot simply cut these halfway houses a check and hope for the best.” “As a state we have done a poor job of monitoring the program and have made no real attempt to find out what taxpayers are getting for their money,” he said.

The Department of Corrections acknowledged oversight needs to be improved, but said many problems identified in the report have been addressed in new contracts signed last year. However, Corrections spokeswoman Deidre Fedkenheuer would not say whether halfway houses have successfully reduced recidivism.   

Corrections is responsible for overseeing the state’s contracts with eight nonprofits that run 23 halfway houses housing an average of 2,720 residents each day. Low-security inmates can be sent to halfway houses when they are within two years of parole eligibility, giving them access to substance abuse treatment and work release programs. But the comptroller’s report said halfway houses, which sometimes lack perimeter fences, suffer from safety problems. Residents were able to simply walk out the door, and some put dummies in their beds as decoys. Last year, 298 residents walked away from halfway houses and 13 remain missing, the state said.

Problems extended to the contracts themselves as well. Miscalculations by nonprofits led to six years of overbilling that totaled $600,000, the report said. Fedkenheuer said the Department has fixed the errors in the new contracts and is examining whether it can recoup the extra money already paid.

New Jersey has increasingly turned to halfway houses to slow the revolving door of former inmates committing new crimes and returning to prison. Almost 60 percent are arrested again within three years of their release, according to state statistics.

Still, halfway houses have been controversial, particularly among prison officer unions who say rehabilitation programs should be provided in more secure state prisons. Boxer questioned whether halfway houses were worth the money, saying Corrections cannot show they cut the recidivism rate.

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DONALD C. BARBATI, JR.

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault.  In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.