CAPITOL NEWS & COMMENT

The following items are taken from reports issued by legislators and other items of political concern.
Clemente’s number
   A resolution sponsored by Assembly Democrats Angel Fuentes and Annette Quijano calling on Major League Baseball to retire the number 21 in honor of the life and career of legendary baseball player Roberto Clemente has been approved by an Assembly committee.
   ”The legacy of Roberto Clemente extends beyond his baseball feats,” said Assemblyman Fuentes, D-Camden, Gloucester. “He was on that relief flight to ensure the aid made it to the survivors of the earthquake. He was a gentleman on and off the field and a source of pride not just for Latinos, but everyone. I sincerely hope the MLB agrees with us and bestows this baseball great with this well-deserved honor.”
   ”With so many cheating and doping scandals in professional sports, Roberto Clemente is a welcomed reminder of what it means to be a true athlete,” said Assemblywoman Quijano, D-Union. “Clemente was not only a gifted baseball player, but an outstanding human being. He has earned and deserves the honor of having his number retired and his contributions to the sport forever memorialized.”
   Roberto Clemente-Walker was a Major League Baseball right fielder who played 18 seasons for the Pittsburgh Pirates from 1955 through 1972. Born in Carolina, Puerto Rico, Mr. Clemente confronted and overcame the dual obstacles of racism and language to become the first dark-skinned Latino to achieve unquestioned superstar status as a professional baseball player.
   His accomplishments include collecting 3,000 hits, winning four National League batting titles, a .317 lifetime batting average and 12 Golden Glove awards, making him arguably the best defensive right fielder of all time.
   Mr. Clemente’s athletic prowess was only matched by his compassion. In 1972, he was killed when a plane on a relief mission he organized to provide emergency assistance to the victims of a Nicaraguan earthquake crashed. He was posthumously inducted into the Baseball Hall of Fame in 1973, becoming only the second player for whom the five-year mandatory waiting period was waived.
   The resolution (ACR151) respectfully requests Major League Baseball retire Mr. Clemente’s number as both a fitting tribute to a remarkable athlete and human being and as a testament of the best that America’s “national pastime” has to offer.
   The resolution was released by the Assembly Tourism and the Arts Committee.
Dyslexia
   Bipartisan legislation sponsored by Assemblyman Ron Dancer that would require public school students to be screened for dyslexia and other reading disabilities by completion of first grade has been approved by the Assembly Appropriations Committee.
   ”Left undiagnosed, a learning or reading disability such as dyslexia can be very frustrating for both teachers and students who exhibit difficulties with spoken or written language, coordination, self-control or attention,” said Assemblyman Dancer, R-Ocean, Burlington, Middlesex and Monmouth. “Such disabilities often impedes a student’s ability to learn to read or write or to do math, which often results in a cycle of academic failure and lowered self-esteem. A proper diagnosis and comprehensive assessment is the first step towards increasing a child’s academic success.”
   The bill, A3605/S2442 directs a board of education to ensure every student is screened for dyslexia and other reading disabilities no later than the student’s completion of the first grade beginning in the 2013-14 school year.
   The screening will be administered by a teacher or other staff member properly training in the screening process for reading disabilities.
   If a student is determined through the screening process to exhibit potential indicators of dyslexia, the board will ensure the student received a comprehensive assessment. If the diagnosis is confirmed, the board then will provide appropriate intervention strategies, including intense instruction on phonemic awareness, phonics and fluency, vocabulary and reading comprehension.
   Assemblyman Dancer said 15 to 20 percent of individuals have language-based learning difficulties while an estimated 70 to 85 percent of students who are placed in special education for a learning disability have dyslexia, making it the most prevalent learning disability in children.
   Assemblyman Dancer also is the sponsor of a package of bipartisan dyslexia/reading disabilities bills (A3606, A3608 and AR129) that require professional development instruction and opportunities for public school teachers to assist students who have reading disabilities.
   Those measures were approved by the General Assembly in April.
   Other prime sponsors of A3605/S2442 include assemblymen Nelson Albano and Bob Andrzejczak and former Assemblyman Matthew Milam, all D-1; Assemblyman Patrick Diegnan, D-18; and Assemblywoman Mila Jasey, D-27.
Fatherhood
An Assembly panel has approved legislation sponsored by Assembly Democrats Troy Singleton, Bonnie Watson Coleman, Pamela Lampitt, Gary Schaer and Benjie Wimberly to develop a Responsible Fatherhood Initiative in New Jersey geared toward strengthening the development of children throughout the state by promoting the positive involvement of both parents in the lives of their children. “There are many different factors that might inhibit a father’s involvement in their children’s life,” said Assemblyman Singleton, D-Burlington. “Whether it’s a strain in the relationship with a child’s mother, somebody who never had a positive male role model in their life as a child or simply somebody who hasn’t learned to take responsibility, the goal of this initiative is to promote positive interactions between fathers and their children and identify obstacles that impede or prevent their involvement in the lives of their children.” The bill (A2410) would establish a 21-member New Jersey Council on Responsible Fatherhood in the Department of Children and Families in order to promote the participation of both parents in the lives of their children, identify needs and priorities relating to fatherhood programs in the state and support the contributions each parent brings to the family unit. “This measure would capitalize on our existing resources to increase public awareness of how children are impacted when they’re raised without the presence of responsible fathers,” said Assemblywoman Watson Coleman, D-Mercer/Hunterdon. “Our goal is to create strategies and initiatives to encourage the responsible participation of fathers in their children’s lives to help eliminate some of the obstacles in their development.” According to the U.S. Department of Health and Human Services, about half of all children spend some part of their life apart from one or both of their parents, and most often the parent who does not live with the child is the father. The laws governing parental relationships are the responsibility of the state, but the federal government does provide funding for, among other things, responsible fatherhood grants for activities such as counseling, mentoring, marriage education, enhancing relationship skills, parenting and fostering economic stability. “There are a number of factors that may impact a father’s ability or willingness to participate in their child’s life,” said Assemblywoman Lampitt, D-Camden, Burlington. “For those who grew up without a positive male role model in their life, things like counseling and mentoring can make all the difference and, hopefully, produce happier, more well-adjusted children.” “Fatherhood is one of the greatest responsibilities a person can have, and it is certainly not one to be taken lightly,” said Assemblyman Schaer, D-Bergen, Passaic. “Whenever fathers can be encouraged and supported to develop and maintain more meaningful relationships with their children, the outcome can only result in benefits to our society.” “This is not a responsibility that can be forced, but one that can be learned if a father is willing,” said Assemblyman Wimberly, D-Bergen, Passaic. “We see more and more young fathers who grew up without somebody to model this role for them. As a father of four school-aged sons with a very hectic schedule, I still find the time to be at their football, baseball, basketball, parent teacher conferences and other activities. I believe with some help and guidance, they can mature into a positive influence in their child’s life.” To that end, the bill directs the council to apply for available grant money from the federal government, private foundations or other sources, which may be available for programs related to responsible fatherhood and, in turn, provide grants to community-based organizations within New Jersey to establish, expand or improve fatherhood programs. The bill requires the council to direct the development and implementation of a Responsible Fatherhood Initiative; develop a comprehensive plan that identifies the needs and priorities relating to fatherhood programs in the state and promotes the positive involvement of fathers in their children’s lives; serve as an information and resource center for data and information on fatherhood programs; review the programs, policies and initiatives of various state departments and community-based organizations that concern responsible fatherhood; and make recommendations to the departments and organizations on ways to better coordinate and improve the effectiveness of their programs, policies and initiatives. The initiative would be geared toward children whose families have or are receiving public assistance, but shall not exclude any other population of children who may benefit from the programs or services offered by the initiative. The initiative shall be responsible for the development of a public awareness campaign; an information and support network for fathers trying to foster relationships with their children; and plans to identify and promote methods that reduce the negative outcomes experienced by children affected by divorce, legal separation and custody and visitation disputes. Finally, the bill requires the council to report to the governor and the Legislature annually on the activities of the council and its findings and recommendations regarding the coordination and effectiveness of state programs, policies and initiatives concerning responsible fatherhood. The bill was approved 8-0 by the Assembly Appropriations Committee and awaits consideration by the full Assembly.
Foreclosures
   An Assembly panel has continued advancing legislation sponsored by Assembly Democrats Troy Singleton, Jerry Green, Wayne DeAngelo, Shavonda Sumter and Pamela Lampitt to create an innovative pilot program to help distressed New Jersey homeowners stay in their homes and avoid foreclosure.
   ”Behind every financially-troubled home is a family struggling to stay afloat, and these families are part of larger communities struggling to rebound from the Great Recession,” said Assemblyman Singleton, D-Burlington. “The time for praying that the market will heal itself is long gone. As lawmakers, it’s our job to strengthen the fabric of our communities, particularly during times of crisis, and that’s what this bill will do.”
   ”With the second highest foreclosure inventory in the country, we can’t afford to sit back while other states continue to rebound from the housing crisis that crippled our economy,” said Assemblyman Green, D-Middlesex, Somerset, Union. “This innovative program will help stem the tide of foreclosures and jumpstart our economy.”
   The sponsors noted New Jersey’s foreclosure inventory still is the second highest in the nation, and the state also has the unfortunate distinction of being one of only roughly four where the foreclosure percentage rose over the past year.
   The bill (A3915) would create the Mortgage Assistance Pilot Program to be run by the New Jersey Housing and Mortgage Finance Agency. The three-year pilot program would allow homeowners who are in default of a mortgage owned by the agency to lower the remaining principal owed on their mortgage if they have negative home equity.
   ”The goal of this pilot program is to help homeowners afford to stay in their homes while discouraging distressed homeowners, who are still current on their mortgages, from defaulting,” said Assemblyman DeAngelo, D-Mercer, Middlesex. “If we can reduce foreclosures and short sales, we can help eliminate the factors that are stifling the recovery of our housing sector.”
   ”It’s time to work together to help distressed families and revive our economy,” said Assemblywoman Sumter, D-Bergen, Passaic. “We can no longer afford to sit back and hope the market resuscitates itself. Other states are moving forward and recovering at a far quicker pace than New Jersey.”
   The bill would help ease the state’s housing crisis by allowing someone whose property value has plummeted below what they owe on their mortgage to have their principal lowered to an amount more reflective of current market realities. If approved, the remaining principal owed on the mortgage could be reduced by as much as 30 percent, and the interest rate could be reset at current market rates, if lower than the existing rate.
   In exchange, the homeowner must convey an equity share in the property to the HMFA equal to the percentage of the principal reduction. This would not have to be paid to the HMFA until the property is eventually resold or over a 10-year period beginning after the restructured mortgage is paid off.
   ”In addition to having one of the highest foreclosure rates in the nation, New Jersey also has the distinction of registering one of the nation’s longest foreclosure timelines,” said Assemblywoman Lampitt, D-Camden, Burlington. “This adds insult to injury when faced with the nightmare of losing one’s home. This pilot program could significantly curb that possibility for many New Jersey homeowners.”
   A homeowner who qualifies for the pilot program would be required to remain the owner of the property for at least five years in order to remain qualified for the benefits. However, if a homeowner sells the property in less than five years, an additional 5 percent of the sales price would be forfeited to the HMFA.
   ”The housing crisis that precipitated the recession essentially dismantled the American dream for countless homeowners,” Assemblyman Singleton said. “It’s time for us to step up, collectively, and help families across our state start reassembling that dream.”
   The agreements under the pilot program would be available only for a period of three years after the date of enactment to allow these novel agreements to be studied for their efficacy. The Department of the Treasury, in consultation with HMFA, would be required to study whether HMFA has minimized its losses and reduced foreclosures and short sales through the pilot program and to submit a report with its findings and recommendations to the governor and the Legislature.
   Properties subject to a lien or a government tax exemption may be subject to certain restrictions.
   The measure was approved 7-0-1 by the Assembly Appropriations Committee after having been previously approved by the Housing and Local Government Committee and awaits consideration by the full Assembly.
Megan’s Law
   Legislation sponsored by Assembly Democrats Wayne DeAngelo and Daniel R. Benson, both D-Mercer, Middlesex, to revise certain provisions of Megan’s Law to toughen penalties for offenders and provide law enforcement who supervise these offenders with advanced technology and training to better protect potential victims has been approved by an Assembly committee.
   ”This bill tweaks Megan’s Law to help prevent innocent children from becoming victims,” Assemblyman DeAngelo said. “Measures like ensuring that parole officers are not overwhelmed by large caseloads and creating penalties that can help fund initiatives to aid in the surveillance of these offenders will all help ensure that these perpetrators do not become repeat offenders at the expense of our children.”
   ”The purpose of this bill is to supplement the protections already provided under Megan’s Law,” Assemblyman Benson said. “The bill toughens the penalty for offenders targeting children who are especially vulnerable because of a mental or physical disability. It also charges a monthly fee to convicted offenders to help fund greater resources and training for enforcement, further protecting children from these predators.”
   The bill revises certain provisions of Megan’s Law, which provide for the registration of sex offenders and notification to the community of their whereabouts. It also implements a monetary penalty to be paid by convicted sex offenders to provide monies to the State Parole Board for additional parole officers and programs to monitor sex offenders.
   This bill upgrades the crime of sexual assault, a crime of the third degree, if the victim is physically or intellectually incapacitated. In such cases, the offense would be upgraded to aggravated sexual assault, a crime of the second degree.
   A crime of the third degree is punishable by three to five years in prison, a fine of up to $15,000 or both. A crime of the second degree is punishable by imprisonment for five to 10 years, a fine of up to $150,000 or both.
   Under the provisions of the bill, if an offender who has been given a special sentence of community supervision for life commits any subsequent sex offense, that offender will be given a special sentence of parole supervision for life. Sentencing the offender to parole supervision for life permits any violations of the special sentence to be treated as a parole violation.
   Under current law, first offenders are sentenced to parole supervision for life as the special sentence of community supervision for life was repealed and replaced by parole supervision for life. The bill also upgrades a violation of a special sentence from a crime of the fourth degree to a crime of the third degree.
   This bill upgrades the penalty for failure to register a new address with the appropriate law enforcement agency when a sex offender moves to another residence. Under current law, this is a crime of the fourth degree; under the provisions of the bill, it is a crime of the third degree.
   This bill further provides that a young person who has been adjudicated delinquent for an offense that would constitute “sexting” would not be required to register as a sex offender.
   For purposes of Megan’s Law, the bill specifies a sex offense would not include:
   • Any offense in which the facts of the case are limited to the creation, exhibition or distribution of a photograph involving nudity through the use of an electronic communication device, an interactive wireless communications device or a computer.
   • The creator and subject of the photograph were juveniles at the time of its making.
   • The subject of the photograph whose nudity is depicted knowingly consented to the making of the photograph.
   The bill also requires the registration information of all sex offenders whose conduct has been characterized by a pattern of repetitive, compulsive behavior to be published on the Internet registry.
   Under current law, the registration information of all Tier Two offenders (moderate risk to re-offend), who do not fit within the statutory exceptions, and Tier Three offenders (high risk to re-offend) is published on the Internet registry regardless of the offender’s tier.
   The registration information of Tier One offenders (low risk to re-offend) is not published on the Internet registry. This bill requires an offender whose conduct was found to be repetitive and compulsive to appear on the Internet registry.
   The bill prohibits a sex offender who is at moderate risk to reoffend but found to be compulsive and repetitive from invoking one of the statutory exceptions to keep his registration information from being published on the Internet.
   This bill also imposes additional requirements on the State Parole Board to improve the board’s supervision and monitoring of sex offenders. A monthly penalty of $30 would be imposed on every person convicted of or adjudicated delinquent for a sex offense to fund these initiatives.
   If the family income of a person required to pay the penalty does not exceed 100 percent of the federal poverty level, the person is to pay 50 percent of the monthly penalty; if the person’s family income does not exceed 149 percent of the federal poverty level, the person is to pay 75 percent of the monthly penalty.
   The bill provides that the money would be forwarded to the Department of the Treasury to be deposited in a nonlapsing, revolving fund to be known as the Sex Offender Supervision Fund.
   Money deposited into the fund are to be used for operational expenses incurred by the board in supervising sex offenders. These expenses include, but would not be limited to, the cost of salary and benefits for the hiring of additional parole officers, equipment utilized for continuous monitoring of sex offenders (e.g. GPS monitoring) pursuant to P.L.2007, c.128 (C.30:4-123.89 et seq.) and purchasing equipment to expand the board’s capabilities to supervise released sex offenders, including motor vehicles and computer equipment for parole officers.
   The operational expenses shall not include increments, cost of living increases or administrative expenses.
   Money in the fund also would be appropriated by the Legislature to the State Parole Board on an annual basis for the development of a program utilizing computers and other high-technology for parole officers who supervise sex offenders. This program would provide computers and other high technology instruments to detect crimes or violations of conditions of parole.
   Parole officers who participate in the program would receive instruction in conducting investigations to determine if supervised sex offenders have illegally used computers, telecommunications devices and other high technology instruments or have used these instruments to commit unlawful or criminal acts; forensic recovery, evidence preservation and analysis of data in computer systems seized because of possible criminal activity; monitoring the use of interactive computer services by supervised sex offenders, especially those who are suspected of contacting minors for sexual activity; and cooperation with other law enforcement agencies to coordinate efforts in investigating and prosecuting unlawful computer activity by supervised sex offenders.
   The bill also amends the statutes concerning the collection and priority of criminal fines, assessments and penalties to reference the new penalty created in the bill.
   Finally, the bill requires the chairman of the State Parole Board to provide that the caseload of any parole officer who supervises sex offenders is not to exceed 40 parolees. If the caseload of any parole officer exceeds this limitation, the chairman is to hire or train additional parole officers to supervise sex offenders until the caseload of each such parole officer is 40 parolees or less.
   The bill was released by the Assembly Law & Public Safety Committee.