WHEREAS, the
Legislature has declared, through the Sexually Violent Predator
Act, N.J.S.A. 30:4-27.24 et seq. ("the Act"), that certain sex offenders
pose a particular danger to the public due to the risk that they
will recidivate; and
WHEREAS, the
Act, which became effective August 12, 1999, authorizes the State
to preserve the public safety by civilly committing offenders who
are determined to be "sexually violent predators"; and
WHEREAS, in
order to serve certain correctional and public safety interests,
as well as to address certain individual rights issues, the Act
includes the following specific requirements regarding the State's
custody of sexually violent predators: that sexually violent predators
be placed in a secure facility operated by the New Jersey Department
of Corrections; that such civilly committed persons be housed separately
from State inmates incarcerated by the Department of Corrections;
and that the Department of Human Services provide appropriate services
and treatment at the facility; and
WHEREAS, any
facility for housing sexually violent predators must provide protection
to the community at large and the facility staff; and
WHEREAS, at
the time of the passage of the Act, no existing State facility could
meet the special requirements of the Act without modification; and
WHEREAS, it
was determined that a facility in Kearny ("Kearny facility") leased
by the State from Hudson County could, with modification, meet the
requirements of the Act on a temporary basis; and
WHEREAS, the
State of New Jersey made modifications to the Kearny facility, so
that the civilly committed sexually violent predators could be safely
and securely housed there on a temporary basis; and
WHEREAS, sexually
violent predators have been safely and securely housed at the Kearny
facility since August 12, 1999; and
WHEREAS, the
County of Hudson obtained a judgment of possession from the Superior
Court of New Jersey regarding the Kearny facility, which judgment
was affirmed on appeal; and
WHEREAS, the
Superior Court of New Jersey entered an order authorizing the execution
of a warrant of removal from the Kearny facility, effective September
29, 2000; and
WHEREAS, various
agencies of the State of New Jersey have worked diligently to site
a permanent facility that would meet the requirements of the Act
and preserve the public safety; and
WHEREAS, on
September 23, 1998, prior to the effective date of the Act but after
its passage, the New Jersey Building Authority adopted a resolution
approving the Project Report prepared by the Building Authority
concerning the State's plans to build a permanent facility to house
sexually violent predators; and
WHEREAS, thereafter,
the State determined to have the Building Authority site and construct
that permanent facility on the grounds of East Jersey State Prison
in the Township of Woodbridge ("Woodbridge"); and
WHEREAS, on
December 20, 1999, as a result of litigation instituted by Woodbridge
against the State, the Superior Court of New Jersey enjoined the
State from proceeding with this Building Authority project pending
resolution of certain issues; and
WHEREAS, this
injunction remains in effect and the litigation remains unresolved;
and
WHEREAS, Maurice
River Township, Cumberland County, which had on August 17, 2000
passed a resolution supporting the siting and construction of a
permanent facility to house sexually violent predators on the grounds
of Bayside State Prison, reversed its decision and, on September
11, 2000, passed a resolution opposing the siting and construction
of the permanent facility to house sexually violent predators in
its community; and
WHEREAS, as
a result of Maurice River Township's September 11, 2000 resolution,
the State has been further delayed from advancing its plans to construct
a permanent facility to house sexually violent predators; and
WHEREAS, there
are approximately 120 sexually violent predators currently housed
in the Kearny facility; and
WHEREAS, it
is anticipated that the number of civilly committed sexually violent
predators will continue to increase; and
WHEREAS, legislative
and judicial mandates and the need to preserve public safety require
the continued civil commitment of individuals found to be sexually
violent predators; and
WHEREAS, the
Department of Corrections anticipates that a facility at East Jersey
State Prison ("Rahway facility") can be modified by the end of the
year within approximately three months, to temporarily house some,
but not all, of the individuals committed pursuant to the Act; and
WHEREAS, about
eight months ago, in the Woodbridge litigation regarding the siting
and construction of a permanent facility, the Superior Court appointed
a special master to make recommendations regarding whether Woodbridge
was entitled to production of certain documents and to provide the
trial court with a recommendation concerning Woodbridge's request;
and
WHEREAS, now
that the special master has completed the review and provided his
recommendations regarding the production of documents pertaining
to the permanent facility to the Superior Court, Woodbridge has,
on September 12, 2000, filed another lawsuit against various State
agencies, seeking to enjoin the State from retrofitting any building
at the East Jersey State Prison for the temporary housing of sexually
violent predators; and
WHEREAS, on
September 20, 2000, the Superior Court denied Woodbridge's application
for an injunction but transferred its challenge to the temporary
facility to the Appellate Division and hence, this litigation may
continue; and
WHEREAS, the
Kearny facility is still the only site currently available for temporarily
housing sexually violent predators that meets the requirements of
the Act and the needs of public safety; and
WHEREAS, it
will be necessary to continue to use the Kearny Facility for the
housing of those sexually violent predators that cannot be temporarily
accommodated or appropriately placed at the Rahway facility, after
modifications to that facility are complete, until such time as
there exists additional temporary facilities capable of and appropriate
for the housing of this population after modifications to that facility
are complete, or until a permanent facility is constructed and operational;
and
WHEREAS, it
is in the best interests of the State of New Jersey, the public
and those committed under the Act that sexually violent predators
continue to be temporarily housed in the Kearny facility, until
such time as there exists additional temporary facilities capable
of and appropriate for the housing of all individuals committed
pursuant to the Act or until a permanent facility is constructed
and operational; and
WHEREAS, the
Disaster Control Act authorizes the Governor to issue an Executive
Order allowing the State to utilize County facilities to respond
to an emergency; and
WHEREAS, removal
of the sexually violent predators from the Kearny facility will
create a statewide emergency within the meaning of the Disaster
Control Act;
NOW, THEREFORE,
I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and
the statutes of this State, do hereby ORDER and DIRECT as follows:
1. Pursuant
to the Disaster Control Act, the Kearny facility is hereby designated
as a facility appropriate for the temporary housing of sexually
violent predators by the New Jersey Department of Corrections.
2. The Kearny
facility will be used to house sexually violent predators until
there exists either other temporary facilities capable of and
appropriate for the housing of all individuals committed pursuant
to the Act or until a permanent facility capable of accommodating
this population is constructed and operational.
3. Hudson
County shall be compensated for use of the Kearny facility consistent
with the terms of the 1998 payment provisions of the lease; and
4. This
Order shall take effect immediately.
GIVEN,
under my hand and seal,
this 22nd day of September in the
Year of Our Lord, Two Thousand
and of the Independence of the
United States, the Two Hundred
and Twenty-Fifth
/s/
Christine Todd Whitman
Governor
[seal]
Attest:
/s/ Robert
E. Fabricant
Chief Counsel to the Governor
|