As reported by nj.com, the State Assembly approved a bill that calls for the creation of an independent task force to investigate New Jersey’s halfway houses-privately operated facilities used to supplement the State’s prison system. The measure (A3503), sponsored by eight Democrats and one Republican, passed in a 52-23 vote. It has not been introduced in the Senate.

“These privately run halfway houses were supposed to be a more economical approach to housing inmates, but the lack of oversight at these facilities has put inmates, staff and the general public at risk,” Assemblyman Nelson Albano said in a statement. “Two people were murdered by inmates who escaped. This cannot happen again.”

Last year, the New York Times published a series of articles detailing escapes, violence and lax oversight at the halfway houses, also known as residential community release programs. Much of the Times reports focused on Community Education Centers, which operates Delaney Hall and until last November counted one of Governor Chris Christie’s closest friends and advisers, William Palatucci, as a senior vice president. Following the series, the Assembly Law and Public Safety Committee held a hearing last summer concerning oversight and accountability of the State’s halfway houses. The task force bill was introduced because of that hearing, lawmakers said.

The bill approved by the Assembly would create a task force expected to examine how the halfway houses are run and how the State monitors the operations. The panel would be required to issue an interim report on its finding within a year of its first meeting, a final report a year after that.   

The task force would be comprised of 17 members, including bipartisan representatives from the Senate and Assembly; the commissioners of corrections, labor, and human services; the executive director of the Juvenile Justice Commission; the chairman of the State Parole Board; the State Treasurer; a representative from the State Policemen’s Benevolent Association; and six members of the public.

Last week, corrections commissioner Gary Lanigan told members of the State Senate Budget Committee that his department had not yet compiled its own internal report on halfway houses-a requirement of the current fiscal year budget. Because of the tedious nature of compiling data, he said it was unclear when the study would be finished. Lanigan, though, did tell lawmakers he had no major concerns about how halfway houses are run and doesn’t believe any of those inspected by his staff should be shut down.

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Photo of Donald C. Barbati Donald C. Barbati

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.