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WHEREAS, the
State prisons and other penal and correctional institutions of the
New Jersey Department of Corrections continue to house populations
of inmates in excess of their capacities and remain seriously overcrowded;
and
WHEREAS, as
of January 1993 the total adult inmate population of State-sentenced
prisoners was 22,277, including 2,896 State-sentenced inmates in
county jails; and
WHEREAS, the
State's adult and youth correctional institutions are currently
operating at 131 percent of design capacity; and
WHEREAS, these
conditions continue to endanger the safety, welfare, and resources
of the residents of this State; and
WHEREAS, from
June 1981, when Executive Order No. 106 (Byrne) was issued, until
this month, the population of State-sentenced prisoners grew from
7,940 to 22,277, far exceeding all predictions for inmate population
growth and seriously and dangerously taxing all State correctional
facilities; and
WHEREAS, the
scope of this crisis prevents local governments from safeguarding
the people, property, and resources of the State and mandates a
centralized management approach to inmate housing assignments; and
WHEREAS, despite
the contruction of three new prisons designed for 3,000 inmates
which now house 4,897 inmates at a construction cost of approximately
$150 million, expansions of all existing facilities, and the opening
of a new facility at Fort Dix under a lease agreement with the federal
government that has been extended through the end of 1993, the prison
population growth has consistently outstripped infrastructure expansion
throughout the past decade, exacerbating crisis conditions; and
WHEREAS, efforts
are continuing to address the problem, including the planned contruction
of a new prison facility to be operational by the end of 1995; and
WHEREAS, the
Sentencing Policy Study Commission was recently created by statute
to review the State's sentencing laws and policies, and the Commission's
work may have a significant impact on future prison population;
and
WHEREAS, Executive
Order No. 52 (Florio) of January 17, 1992, will expire on January
20, 1993; and
WHEREAS, the
conditions specified in Executive Order No. 106 (Byrne) of June
19, 1981, continue to present a substantial likelihood of disaster,
and in fact have worsened since that time as the prison population
has expanded exponentially; and
WHEREAS, despite
the severity of the crisis in the prison population of this State,
the Appellate Division of the Superior Court has determined that
executive authority to address these emergency conditions under
the Civil Defense and Disaster Control Act expires on April 29,
1993; and
WHEREAS, the
determination of the Appellate Division is currently on appeal before
the New Jersey Supreme Court;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the Sexy真人y, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby declare a continuing state of emergency
and ORDER and DIRECT as follows:
1. Executive
Order No. 106 (Byrne) of June 19, 1981; No. 108 (Byrne) of September
11, 1981; No. 1 (Kean) of January 20, 1982; No. 8 (Kean) of May
20, 1982; No. 27 (Kean) of January 10, 1983; No. 43 (Kean) of
July 15, 1983; No. 60 (Kean) of January 20, 1984; No. 78 (Kean)
of July 20, 1984; No. 89 (Kean) of January 18, 1985; No. 127 (Kean)
of January 17, 1986; No. 155 (Kean) of January 12, 1987; No.[184
(Kean) of January 4, 1988; No. 202 (Kean) of January[26, 1989;
No. 226 (Kean) of January 12, 1990; No.[24 (Florio) of January
18, 1991; and No. 52 (Florio) of January 17, 1992, shall remain
in effect until January 20, 1994, notwithstanding any sections
in them stating otherwise, subject to the terms of any judicial
order setting an earlier expiration date.
2. This
Order shall take effect immediately.
GIVEN,
under my hand and seal, this
15th day of January in the Year of Our
Lord, one thousand nine hundred and
ninety-three, and of the Independence
of the United States, the two hundred
and seventeenth.
/s/
Jim Florio
Governor
Attest:
/s/ M. Robert
DeCotiis
Chief Counsel to the Governor
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