New_jersey Statute | Act | Code |Title 30 Institutions And Agencies| US Code - US Statute

30:4-24. General principles, applicability 30:4-24. The provisions of Title 30 of the Revised Statutes shall govern the admission and commitment of the mentally ill, tuberculous, and mentally retarded to the several institutions designated therefor and govern and control all phases of the relationship between such patients and such institutions including payments, maintenance, custody, treatment, parole and discharge as though each provision of Title 30 of the Revised Statutes has been specifically enacted, unless otherwise specified in law, with relation to each institution, its board of managers and officials, and to all other officials, boards and authorities. Title 30 of the Revised Statutes is to be administered in accordance with the general principles laid down in this section, which are declared to be the public policy of this State that: (1) adequate residential and nonresidential facilities be provided for the prompt and effective diagnosis, care, treatment, training and rehabilitation of individuals suffering from diseases and dysfunctions of the brain, mind and nervous system, including the various forms of mental illness and mental retardation; (2) such facilities be closely integrated with other community health, welfare and social resources; (3) the human dignity and the moral and constitutional rights of such individuals be upheld and protected by appropriate statutes; (4) family and community ties and mutual responsibilities be reinforced; (5) inasmuch as such mental disorders may in some cases substantially impair the individual@s ability to guide his actions in his own best interests or with due regard for the rights of others, provision be made for the due process of law by which such an individual may be placed under protection, treatment or restraint in his own or the public interest; (6) the primary responsibility for the costs of services provided to an individual rests with him and his responsible relatives; (7) it is in the public interest that facilities be available to all persons without limitation because of economic circumstances, and that extraordinary hardships to any individual or his relatives which may result from severe or prolonged disability be mitigated; (8) means and facilities be provided by the State for scientific studies directed toward expanding knowledge of the causes, prevention, control, management and cure of diseases and dysfunctions of the brain, mind and nervous system; and (9) as an intrinsic part of the program established by the State, provision be made for the instruction of professional and nonprofessional personnel in the skills required for the proper diagnosis, care, training, treatment and rehabilitation of persons suffering from disorders of the brain, mind and nervous system, and for the pursuit of relevant research. Amended 1965,c.59,s.8; 1995,c.155,s.2. 30:4-24.1. Civil rights and medical care for mentally ill Every individual who is mentally ill shall be entitled to fundamental civil rights and to medical care and other professional services in accordance with accepted standards, provided however that this shall not be construed to require capital construction. Every individual between the ages of 5 and 20 years shall be entitled to education and training suited to his age and attainments. Every patient shall have the right to participate in planning for his own treatment to the extent that his condition permits. L.1965, c. 59, s. 9. Amended by L.1975, c. 85, s. 1, eff. May 7, 1975. 30:4-24.2. Rights of patients a. Subject to any other provisions of law and the Constitution of New Jersey and the United States, no patient shall be deprived of any civil right solely by reason of his receiving treatment under the provisions of this Title nor shall such treatment modify or vary any legal or civil right of any such patient including but not limited to the right to register for and to vote at elections, or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law. b. Every patient in treatment shall be entitled to all rights set forth in this act and shall retain all rights not specifically denied him under this Title. A notice of the rights set forth in this act shall be given to every patient within 5 days of his admission to treatment. Such notice shall be in writing and in simple understandable language. It shall be in a language the patient understands and if the patient cannot read it shall be read to him. In the case of an adjudicated incompetent patient, such procedure shall be followed for the patient@s guardian. Receipt of this notice shall be acknowledged in writing with a copy placed in the patient@s file. If the patient or guardian refuses to acknowledge receipt of the notice, the person delivering the notice shall state this in writing with a copy placed in the patient@s file. c. No patient may be presumed to be incompetent because he has been examined or treated for mental illness, regardless of whether such evaluation or treatment was voluntarily or involuntarily received. Any patient who leaves a mental health program following evaluation or treatment for mental illness, regardless of whether that evaluation or treatment was voluntarily or involuntarily received, shall be given a written statement of the substance of this act. d. Each patient in treatment shall have the following rights, a list of which shall be prominently posted in all facilities providing such services and otherwise brought to his attention by such additional means as the department may designate: (1) To be free from unnecessary or excessive medication. No medication shall be administered unless at the written order of a physician. Notation of each patient@s medication shall be kept in his treatment records. At least weekly, the attending physician shall review the drug regimen of each patient under his care. All physician@s orders or prescriptions shall be written with a termination date, which shall not exceed 30 days. Medication shall not be used as punishment, for the convenience of staff, as a substitute for a treatment program, or in quantities that interfere with the patient@s treatment program. Voluntarily committed patients shall have the right to refuse medication. (2) Not to be subjected to experimental research, shock treatment, psychosurgery or sterilization, without the express and informed consent of the patient after consultation with counsel or interested party of the patient@s choice. Such consent shall be made in writing, a copy of which shall be placed in the patient@s treatment record. If the patient has been adjudicated incompetent a court of competent jurisdiction shall hold a hearing to determine the necessity of such procedure at which the client is physically present, represented by counsel, and provided the right and opportunity to be confronted with and to cross-examine all witnesses alleging the necessity of such procedures. In such proceedings, the burden of proof shall be on the party alleging the necessity of such procedures. In the event that a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing. An attorney so appointed shall be entitled to a reasonable fee to be determined by the court and paid by the county from which the patient was admitted. Under no circumstances may a patient in treatment be subjected to experimental research which is not directly related to the specific goals of his treatment program. (3) To be free from physical restraint and isolation. Except for emergency situations, in which a patient has caused substantial property damage or has attempted to harm himself or others and in which less restrictive means of restraint are not feasible, a patient may be physically restrained or placed in isolation only on a medical director@s written order or that of his physician designee which explains the rationale for such action. The written order may be entered only after the medical director or his physician designee has personally seen the patient concerned, and evaluated whatever episode or situation is said to require restraint or isolation. Emergency use of restraints or isolation shall be for no more than 1 hour, by which time the medical director or his physician designee shall have been consulted and shall have entered an appropriate order in writing. Such written order shall be effective for no more than 24 hours and shall be renewed if restraint and isolation are continued. While in restraint or isolation, the patient must be bathed every 12 hours and checked by an attendant every 2 hours with a notation in writing of such checks placed in the patient@s treatment record along with the order for restraint or isolation. (4) To be free from corporal punishment. e. Each patient receiving treatment pursuant to this Title, shall have the following rights, a list of which shall be prominently posted in all facilities providing such services and otherwise brought to his attention by such additional means as the commissioner may designate: (1) To privacy and dignity. (2) To the least restrictive conditions necessary to achieve the purposes of treatment. (3) To wear his own clothes; to keep and use his personal possessions including his toilet articles; and to keep and be allowed to spend a reasonable sum of his own money for canteen expenses and small purchases. (4) To have access to individual storage space for his private use. (5) To see visitors each day. (6) To have reasonable access to and use of telephones, both to make and receive confidential calls. (7) To have ready access to letter writing materials, including stamps, and to mail and receive unopened correspondence. (8) To regular physical exercise several times a week. It shall be the duty of the hospital to provide facilities and equipment for such exercise. (9) To be outdoors at regular and frequent intervals, in the absence of medical considerations. (10) To suitable opportunities for interaction with members of the opposite sex, with adequate supervision. (11) To practice the religion of his choice or abstain from religious practices. Provisions for such worship shall be made available to each person on a nondiscriminatory basis. (12) To receive prompt and adequate medical treatment for any physical ailment. f. Rights designated under subsection d. of this section may not be denied under any circumstances. g. (1) A patient@s rights designated under subsection e. of this section may be denied for good cause in any instance in which the director of the program in which the patient is receiving treatment feels it is imperative to deny any of these rights; provided, however, under no circumstances shall a patient@s right to communicate with his attorney, physician or the courts be restricted. Any such denial of a patient@s rights shall take effect only after a written notice of the denial has been filed in the patient@s treatment record and shall include an explanation of the reason for the denial. (2) A denial of rights shall be effective for a period not to exceed 30 days and shall be renewed for additional 30-day periods only by a written statement entered by the director of the program in the patient@s treatment record which indicates the detailed reason for such renewal of the denial. (3) In each instance of a denial or a renewal, the patient, his attorney, and his guardian, if the patient has been adjudicated incompetent, and the department shall be given written notice of the denial or renewal and the reason therefor. h. Any individual subject to this Title shall be entitled to a writ of habeas corpus upon proper petition by himself, by a relative, or a friend to any court of competent jurisdiction in the county in which he is detained and shall further be entitled to enforce any of the rights herein stated by civil action or other remedies otherwise available by common law or statute. L.1965, c. 59, s. 10. Amended by L.1975, c. 85, s. 2, eff. May 7, 1975. 30:4-24.3. Confidentiality; exceptions 11. All certificates, applications, records, and reports made pursuant to the provisions of Title 30 of the Revised Statutes and directly or indirectly identifying any individual presently or formerly receiving services in a noncorrectional institution under Title 30 of the Revised Statutes, or for whom services in a noncorrectional institution shall be sought under this act shall be kept confidential and shall not be disclosed by any person, except insofar as: a. the individual identified or his legal guardian, if any, or, if he is a minor, his parent or legal guardian, shall consent; or b. disclosure may be necessary to carry out any of the provisions of this act or of article 9 of chapter 82 of Title 2A of the New Jersey Statutes; or c. a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make such disclosure would be contrary to the public interest; or d. disclosure may be necessary to conduct an investigation into the financial ability to pay of any person receiving services or his chargeable relatives pursuant to the provisions of R.S.30:1-12. Nothing in this section shall preclude disclosure, upon proper inquiry, of information as to a patient@s current medical condition to any relative or friend or to the patient@s personal physician or attorney if it appears that the information is to be used directly or indirectly for the benefit of the patient. Nothing in this section shall preclude the professional staff of a community agency under contract with the Division of Mental Health Services in the Department of Human Services, or of a screening service, short-term care or psychiatric facility as those facilities are defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) from disclosing information that is relevant to a patient@s current treatment to the staff of another such agency. L.1965,c.59,s.11; amended 1987,c.116,s.24; 1995,c.4,s.1; 1995,c.155,s.3. 30:4-24.4. Written reports accounting for expenditures of moneys of mentally retarded persons The Commissioner of the Department of Human Services shall require employees in the Division of Mental Retardation to make written reports accounting for all expenditures which they may make of moneys of mentally retarded persons who receive functional services from the division pursuant to sections 16 and 18 of P.L. 1965, c. 59 (C. 30:4-25.4 and 30:4-25.6). L.1983, c. 223, s. 1, eff. June 27, 1983. 30:4-24.5. Study of management and handling of moneys; regulations The commissioner shall, in consultation with the State Auditor, conduct a detailed study of the management and handling of the moneys described in section 1 of this act and shall adopt regulations to improve present systems and procedures where appropriate. L.1983, c. 223, s. 2, eff. June 27, 1983. 30:4-25.1. Definitions; classes for application for admission to functional services 13. a. For the purpose of Title 30 of the Revised Statutes: (1) ~Eligible mentally retarded person~ or ~eligible developmentally disabled person~ means a person who has been declared eligible for admission to functional services of the Division of Developmental Disabilities and who complies with the provisions of section 5 of P.L.1995, c.155 (C.30:4-25.9). (2) ~Evaluation services~ means those services and procedures in the Division of Developmental Disabilities by which eligibility for functional services for the mentally retarded is determined and those services provided by the Division of Developmental Disabilities for the purpose of advising the court concerning the need for guardianship of individuals over the age of 18 who appear to be mentally deficient. (3) ~Functional services~ means those services and programs in the Division of Developmental Disabilities available to provide the mentally retarded with education, training, rehabilitation, adjustment, treatment, care and protection. (4) ~Mental deficiency~ or ~mentally deficient~ means that state of mental retardation in which the reduction of social competence is so marked that persistent social dependency requiring guardianship of the person shall have been demonstrated or be anticipated. (5) ~Mental retardation~ or ~mentally retarded~ means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which are manifested during the development period. For the purposes of Title 30 of the Revised Statutes, the term ~developmentally disabled~ may be used interchangeably with mental retardation to refer to persons who receive services from the Division of Developmental Disabilities. (6) ~Residential services~ or ~residential functional services~ means observation, examination, care, training, treatment, rehabilitation and related services, including community care, provided by the Division of Developmental Disabilities to patients who have been admitted or transferred to, but not discharged from any residential functional service for the mentally retarded. (7) ~Income~ means, but is not limited to, wages, benefits, interest earned, pensions, annuity payments and support from a third party pursuant to statute, rule or order or by contract. (8) ~Assets~ or ~resources~ means, but is not limited to, cash, trusts, bank accounts, certificates of deposit, stocks, bonds and savings bonds. b. Application for admission of an eligible mentally retarded person to functional services of the Division of Developmental Disabilities may be made under any of the following classes: Class F. Application to the commissioner by the parent, guardian or person or agency having care and custody of the person of a minor or by the guardian of the person of a mentally deficient adult; Class G. Application to the commissioner by a mentally retarded person over 18 years of age on his own behalf; Class H. Application to the commissioner by a Superior Court, Chancery Division, Family Part having jurisdiction over an eligible mentally retarded minor; Class I. Application to the commissioner with an order of commitment to the custody of the commissioner issued by a court of competent jurisdiction during or following criminal process involving the eligible mentally deficient person. Application shall be made on such forms and accompanied by such relevant information as may be specified from time to time by the commissioner. L.1965,c.59,s.13; amended 1966,c.82,s.1; 1987,c.116,s.25; 1991,c.91,s.311; 1995,c.155,s.4. 30:4-25.2. Application for determination of eligibility 14. Application for determination of eligibility for functional services for a person under the age of 21 years who is believed to be mentally retarded may be made to the commissioner by: 1. his parent or guardian; 2. a child-caring agency, hospital, clinic, or other appropriate agency, public or private, or by a physician having care of the minor, provided the written consent of the parent or guardian or the Division of Youth and Family Services, under its care and custody program, has been obtained; or 3. a Superior Court, Chancery Division, Family Part having jurisdiction over the minor. Application for determination of eligibility for any person over 18 years of age for functional services may be made by: a. a mentally retarded individual over 18 years of age on his own behalf; b. the guardian of the person of an adjudicated mentally incompetent adult; or c. any court of competent jurisdiction in which the issue of mental deficiency may have arisen and which finds that it is in the interest of the alleged mentally deficient person to determine such eligibility. L.1965,c.59,s.14; amended 1967,c.203; 1991,c.91,s.312. 30:4-25.3. Determination of eligibility 15. Promptly on receipt of the application for determination of eligibility for admission to functional services of the Division of Developmental Disabilities, the commissioner shall determine the state of mental retardation and need for functional services. Such determination shall be made under rules promulgated by the commissioner. Any mentally retarded person who makes such application or on whose behalf application is made and who is found to require functional services of the Division of Developmental Disabilities shall be declared eligible subject to the person@s and his legally chargeable relatives@ compliance with the provisions of section 5 of P.L.1995, c.155 (C.30:4-25.9). L.1965,c.59,s.15; amended 1995,c.155,s.6. 30:4-25.4. Issuance of statement of eligibility 16. The commissioner or his designated agent shall, immediately upon determination of the state of mental retardation of the individual, as provided herein, report his findings to the applicant, and in the event that the mentally retarded person who makes such application or on whose behalf the application has been made is found eligible, the commissioner or his designated agent shall issue to the applicant a statement of eligibility for the functional services of the Division of Developmental Disabilities. The statement of eligibility shall advise the applicant of the particular functional service deemed most appropriate for the training, habilitation, care and protection of the mentally retarded individual as of the time of determination and shall further advise the applicant concerning the immediate availability of such services, or alternate services. The statement of eligibility shall also advise the applicant of the requirements of section 5 of P.L.1995, c.155 (C.30:4-25.9), R.S.30:4-66 and R.S.30:4-74. L.1965,c.59,s.16; amended 1995,c.155,s.7. 30:4-25.5. Court order for care and custody of eligible minors 17. Whenever an eligible mentally retarded minor is found to be neglected or delinquent under any of the statutes of this State pertaining to juvenile delinquency or to abandonment, abuse, cruelty, or neglect of children, the Superior Court, Chancery Division, Family Part having jurisdiction may accompany its application under Class H for admission of the mentally retarded minor to functional services of the department with an order placing the aforesaid minor under the care and custody of the commissioner. L.1965,c.59,s.17; amended 1991,c.91,s.313. 30:4-25.6. Admission to functional services; alternative services The commissioner shall, upon proper application for admission, forthwith admit the eligible mentally retarded person, and provide him with appropriate functional service to the extent available. In the event that the functional service which has been specified as most appropriate from time to time is not immediately available, the commissioner shall provide alternate service and, at the request of the applicant, shall also place the eligible mentally retarded person on a waiting list for the preferred service pending its availability. L.1965, c. 59, s. 18. 30:4-25.7. Provision for health, safety, welfare, etc., of persons admitted The commissioner shall make all reasonable and necessary provisions to ensure the health, safety, welfare and earliest appropriate release of persons admitted to residential services for the mentally retarded. He shall provide further for educational, medical, dietetic, and social needs of any such person in accordance with such person@s individual requirements, as determined by competent professional personnel. L.1965, c. 59, s. 19. 30:4-25.8. Maintenance of contact and consultation with parents or guardians of persons admitted The commissioner or his designated agent shall make diligent efforts to maintain contact with the parent or guardian of each mentally retarded individual receiving functional services and, in the case of those receiving residential services, to advise the parent or guardian promptly of any significant changes in the condition of the individual. He shall make all reasonable efforts to consult with the parent or guardian concerning recommended changes in the program, care, training, rehabilitation or treatment being rendered to any mentally retarded individual by the department, and to secure the prior consent of the parent or guardian to such changes; provided, however, that, in the absence of an expressed prohibition of such action by the parent or guardian, the commissioner or his designated agent shall be free from liability for the consequences of any prudent action taken by them in the interest of the immediate health or safety of the mentally retarded individual when an emergency affecting such individual may arise. L.1965, c. 59, s. 20. 30:4-25.9. Conditions of eligibility for functional services participation 5. a. An applicant for functional services from the Division of Developmental Disabilities, any person acting on his behalf pursuant to section 14 of P.L.1965, c.59 (C.30:4-25.2), or the applicant@s chargeable relatives, as appropriate, shall agree, if the applicant is determined eligible for functional services pursuant to section 15 of P.L.1965, c.59 (C.30:4-25.3), to comply with the following conditions of eligibility and continued functional services participation: (1) The applicant for residential services or other person listed in this subsection shall assign to the Commissioner of Human Services any rights of the applicant to support or payment from a third party under any law, regulation, court order or administrative order unless specifically prohibited by federal law or regulation; (2) The applicant or other person listed in this subsection shall apply for and maintain all current and future benefits for which the applicant may be eligible, including, but not limited to, Medicare, Medicaid, any other State or federal benefits and any third party support pursuant to statute, rule, court order or contract; and (3) The applicant or other person listed in this subsection shall make payments as required pursuant to R.S.30:4-60. b. The Division of Developmental Disabilities may terminate any services received by, or the placement of, the eligible developmentally disabled person within 60 days if the conditions of eligibility set forth in this section are not complied with by the eligible developmentally disabled person or other person listed in subsection a. of this section. During any appeals process period, services to a developmentally disabled person shall not be terminated. c. Nothing in this section or Title 30 of the Revised Statutes shall be construed to deny functional services to any person who meets the eligibility conditions and criteria for functional services, but does not have the ability to pay the full per capita costs or payments required pursuant to R.S.30:4-60. L.1995,c.155,s.5. 30:4-25.10 Short title. 1. This act shall be known and may be cited as the ~Developmentally Disabled Uniform Application Act.~ L.2000,c.112,s.1. 30:4-25.11 Application for determination of eligibility for services to developmentally disabled. 2. a. Notwithstanding any law to the contrary, an individual who may be eligible for early intervention services pursuant to P.L.1993, c.309 (C.26:1A-36.6 et seq.), functional services through the Division of Developmental Disabilities in the Department of Human Services pursuant to Title 30 of the Revised Statutes, or if the individual is developmentally disabled and may be eligible for special educational services pursuant to chapter 46 of Title 18A of the New Jersey Statutes, shall make an initial, uniform application for the determination of eligibility for services with the department responsible for providing the services being requested at the time the application is made. In the case of a request for early intervention services, an initial application shall be made when a referral for an evaluation of the child is made. In the case of a request for special educational services, an initial application shall be made at the time a child study team conducts the initial evaluation. b. The initial application shall contain: the name, address, telephone number and Social Security number of the applicant; relevant family information; the types of services requested or provided to the applicant; and a consent provision authorizing release of the initial, uniform application to a department, as applicable to the request for subsequent services. The disclosure of the applicant@s Social Security number shall be voluntary and shall be requested pursuant to the federal Privacy Act of 1974, Pub.L. 93-579. c. The initial application shall be accepted and used by all the departments enumerated in this section, as authorized by the applicant@s consent, for each subsequent request for the provision of services. With each subsequent request for service, the respective department may ask the individual to provide updated information or additional information on specific developmental delays or medically diagnosed mental or physical conditions that is necessary to determine the individual@s eligibility for the specific services requested. L.2000,c.112,s.2. 30:4-25.12 Entry into cooperative agreements by departments. 3. The Departments of Health and Senior Services, Human Services and Education, respectively, shall enter into cooperative agreements with each other to develop the initial, uniform application form and to exchange necessary information, as authorized by the applicant@s consent on the initial, uniform application, such as name, address, telephone number, Social Security number of the applicant, family information and the types of services requested by or provided to the applicant, to effectuate the purposes of this act. L.2000,c.112,s.3. 30:4-25.13 Definitions relative to certain Division of Developmental Disabilities facilities. 1. As used in this act: ~Division~ means the Division of Developmental Disabilities in the Department of Human Services. ~Moderate Security Unit,~ hereafter referred to as ~MSU,~ means a specialized, institutional treatment facility authorized and established by the Director of the Division of Developmental Disabilities in the Department of Human Services, which is: used as an alternative to detention in a correctional facilityor as a residential requirement for probation; and characterized primarily by physical security for the confinement of males, 18 years of age or older, who are adjudicated to be dangerous to self, others or property and in need of a highly structured, therapeutic treatment program. L.2006,c.5,s.1. 30:4-25.14 Admission to MSU by court orders. 2. An individual shall not be admitted to the MSU unless the admission is ordered by a court of competent jurisdiction pursuant to this act; an individual shall not be permitted to voluntarily admit himself to the MSU. L.2006,c.5,s.2. 30:4-25.15 Procedures prior to admission to MSU. 3. The procedures provided in this section shall be implemented prior to admission of an individual to the MSU. a. If the division is advised by a court of competent jurisdiction that an individual who may be developmentally disabled is involved in a criminal proceeding before the court, the division shall determine whether the individual is eligible for functional services provided by the division in accordance with sections 13 through 16 of P.L.1965, c.59 (C.30:4-25.1 through 30:4-25.4) and P.L.1985, c.145 (C.30:6D-23 et seq.). If the division determines that the individual is not eligible for services provided by the division, the individual may request a hearing to contest the decision pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.). b. If the individual is determined eligible for services provided by the division, the director of the division shall request the Director of the MSU to determine whether the individual is appropriate for, and will benefit from, admission to the MSU and whether a vacancy exists at the facility. c. (1) If the individual is appropriate for, and will benefit from, admission to the MSU, and if a vacancy exists at the facility, the Director of the MSU shall so advise the court and request an order to require the individual to be housed at and participate in the program at the MSU. (2) If the Director of the MSU is not certain about the appropriateness of the admission of the individual, the director may recommend that the court order that the individual be admitted to the MSU for a time-specified period to evaluate the individual@s appropriateness for the program at the MSU. L.2006,c.5,s.3. 30:4-25.16 Actions of the court relative to admission to MSU. 4. a. After the Director of the MSU advises the court that the individual may be admitted to the facility, in accordance with the provisions of subsection c. of section 3 of this act, the court may order the individual: (1) to be housed at and participate in the program at the MSU as a condition of probation; (2) to be housed at and participate in the program at the MSU until disposition of pending criminal charges against the individual; or (3) to be housed at and participate in the program at the MSU, and to be committed to the custody of the Commissioner of Human Services, in accordance with the provisions of N.J.S.2C:4-6, if the court finds that the individual is unfit to proceed. b. The Director of the MSU shall notify the individual@s legal guardian and his legal representative, if applicable, of the date of admission to the MSU. L.2006,c.5,s.4. 30:4-25.17 Court review of order every six months, possible actions. 5. a. The court shall review its order to admit an individual to the MSU at least every six months. The court shall notify the Director of the MSU of the date of the review at least 30 days prior to that date. b. The Director of the MSU shall, seven days prior to the court review, report to the court in writing regarding the status and progress of the individual admitted to the MSU, and shall send a copy of the report to the individual or his legal guardian, his legal representative, if applicable, the county prosecutor and any other person as ordered by the court. c. (1) In the case of an individual admitted to the MSU as a condition of probation, the Director of the MSU may, as he determines appropriate, recommend to the court in his report that the individual be transferred to a less restrictive environment. (2) The court may modify its order concerning probation in accordance with the recommendation of the Director of the MSU. (3) If the order is modified, any further reports to the court required pursuant to this section shall be provided by the appropriate division employee or service provider. L.2006,c.5,s.5. 30:4-25.18 Release from MSU. 6. a. An individual shall be released from the MSU when his probation period or his commitment to the custody of the Commissioner of Human Services ends or upon disposition of pending criminal charges. b. Prior to the individual@s release date, the Director of the MSU and the director of the division, or his designee, shall develop a plan of appropriate division services to be provided or made available to the individual after his release from the MSU. c. Before an individual who has committed a sexually violent offense as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26) is released fromthe MSU, the Director of the MSU shall require that the individual be evaluated by a psychiatrist for referral for commitment under P.L.1998, c.71 (C.30:4-27.24 et seq.). L.2006,c.5,s.6. 30:4-25.19 Construction of act relative to commitment to functional services. 7. Nothing in this act shall be construed to limit the authority of the court to commit a person to the custody of the Commissioner of Human Services in accordance with the provisions of section 13 of P.L.1965, c.59 (C.30:4-25.1) for admission to functional services in an environment that is less restrictive than that of the MSU. L.2006,c.5,s.7. 30:4-27.1. Findings, declarations The Legislature finds and declares that: a. The State is responsible for providing care, treatment and rehabilitation services to mentally ill persons who are disabled and cannot provide basic care for themselves or who are dangerous to themselves, to others or to property; and because some of these mentally ill persons do not seek treatment or are not able to benefit from treatment provided on an outpatient basis, it is necessary that State law provide for the voluntary admission and the involuntary commitment of these persons as well as for the public services and facilities necessary to fulfill these responsibilities. b. Because involuntary commitment entails certain deprivations of liberty, it is necessary that State law balance the basic value of liberty with the need for safety and treatment, a balance that is difficult to effect because of the limited ability to predict behavior; and, therefore, it is necessary that State law provide clear standards and procedural safeguards that ensure that only those persons who are dangerous to themselves, to others or to property, are involuntarily committed. c. It is the policy of this State that persons in the public mental health system receive inpatient treatment and rehabilitation services in accordance with the highest professional standards and which will enable those hospitalized persons to return to their community as soon as it is clinically appropriate. Further, it is the policy of this State that the public mental health system shall be developed in a manner which protects individual liberty and provides advocacy and due process for persons receiving treatment and insures that treatment is provided in a manner consistent with a person@s clinical condition. d. It is the policy of this State to encourage each county or designated mental health service area to develop a screening service and a short-term care facility which will meet the needs for evaluation and acute care treatment of mentally ill persons in the county or service area. The State encourages the development of screening services as the public mental health system@s entry point in order to provide accessible crisis intervention, evaluation and referral services to mentally ill persons in the community; to offer mentally ill persons clinically appropriate alternatives to inpatient care, if any; and, when necessary, to provide a means for involuntary commitment. Similarly, the State encourages the development of short-term care facilities to enable a mentally ill person to receive acute, inpatient care in a facility near the person@s community. Development and use of screening services and short-term care facilities throughout the State are necessary to strengthen the Statewide community mental health system, lessen inappropriate hospitalization and reliance on psychiatric institutions and enable State and county facilities to provide the rehabilitative care needed by some mentally ill persons following their receipt of acute care. L. 1987, c. 116, s. 1 30:4-27.2 Definitions. 2. As used in this act: a. ~Chief executive officer~ means the person who is the chief administrative officer of an institution or psychiatric facility. b. ~Clinical certificate~ means a form prepared by the division and approved by the Administrative Office of the Courts, that is completed by the psychiatrist or other physician who has examined the person who is subject to commitment within three days of presenting the person for admission to a facility for treatment, and which states that the person is in need of involuntary commitment. The form shall also state the specific facts upon which the examining physician has based his conclusion and shall be certified in accordance with the Rules of the Court. A clinical certificate may not be executed by a person who is a relative by blood or marriage to the person who is being screened. c. ~Clinical director~ means the person who is designated by the director or chief executive officer to organize and supervise the clinical services provided in a screening service, short-term care or psychiatric facility. The clinical director shall be a psychiatrist, however, those persons currently serving in the capacity will not be affected by this provision. This provision shall not alter any current civil service laws designating the qualifications of such position. d. ~Commissioner~ means the Commissioner of Human Services. e. ~County counsel~ means the chief legal officer or advisor of the governing body of a county. f. ~Court~ means the Superior Court or a municipal court. g. ~Custody~ means the right and responsibility to ensure the provision of care and supervision. h. ~Dangerous to self~ means that by reason of mental illness the person has threatened or attempted suicide or serious bodily harm, or has behaved in such a manner as to indicate that the person is unable to satisfy his need for nourishment, essential medical care or shelter, so that it is probable that substantial bodily injury, serious physical debilitation or death will result within the reasonably foreseeable future; however, no person shall be deemed to be unable to satisfy his need for nourishment, essential medical care or shelter if he is able to satisfy such needs with the supervision and assistance of others who are willing and available. i. ~Dangerous to others or property~ means that by reason of mental illness there is a substantial likelihood that the person will inflict serious bodily harm upon another person or cause serious property damage within the reasonably foreseeable future. This determination shall take into account a person@s history, recent behavior and any recent act or threat. j. ~Department~ means the Department of Human Services. k. ~Director~ means the chief administrative officer of a screening service, a short-term care facility or a special psychiatric hospital. l. ~Division~ means the Division of Mental Health Services in the Department of Human Services. m. ~In need of involuntary commitment~ means that an adult with mental illness, whose mental illness causes the person to be dangerous to self or dangerous to others or property and who is unwilling to be admitted to a facility voluntarily for care, and who needs care at a short-term care, psychiatric facility or special psychiatric hospital because other services are not appropriate or available to meet the person@s mental health care needs. n. ~Institution~ means any State or county facility providing inpatient care, supervision and treatment for persons with developmental disabilities; except that with respect to the maintenance provisions of Title 30 of the Revised Statutes, institution also means any psychiatric facility for the treatment of persons with mental illness. o. ~Mental health agency or facility~ means a legal entity which receives funds from the State, county or federal government to provide mental health services. p. ~Mental health screener~ means a psychiatrist, psychologist, social worker, registered professional nurse or other individual trained to do outreach only for the purposes of psychological assessment who is employed by a screening service and possesses the license, academic training or experience, as required by the commissioner pursuant to regulation; except that a psychiatrist and a State licensed clinical psychologist who meet the requirements for mental health screener shall not have to comply with any additional requirements adopted by the commissioner. q. ~Mental hospital~ means, for the purposes of the payment and maintenance provisions of Title 30 of the Revised Statutes, a psychiatric facility. r. ~Mental illness~ means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior or capacity to recognize reality, but does not include simple alcohol intoxication, transitory reaction to drug ingestion, organic brain syndrome or developmental disability unless it results in the severity of impairment described herein. The term mental illness is not limited to ~psychosis~ or ~active psychosis,~ but shall include all conditions that result in the severity of impairment described herein. s. ~Patient~ means a person over the age of 18 who has been admitted to, but not discharged from a short-term care or psychiatric facility. t. ~Physician~ means a person who is licensed to practice medicine in any one of the United States or its territories, or the District of Columbia. u. ~Psychiatric facility~ means a State psychiatric hospital listed in R.S.30:1-7, a county psychiatric hospital, or a psychiatric unit of a county hospital. v. ~Psychiatrist~ means a physician who has completed the training requirements of the American Board of Psychiatry and Neurology. w. ~Psychiatric unit of a general hospital~ means an inpatient unit of a general hospital that restricts its services to the care and treatment of persons with mental illness who are admitted on a voluntary basis. x. ~Psychologist~ means a person who is licensed as a psychologist by the New Jersey Board of Psychological Examiners. y. ~Screening certificate~ means a clinical certificate executed by a psychiatrist or other physician affiliated with a screening service. z. ~Screening service~ means a public or private ambulatory care service designated by the commissioner, which provides mental health services including assessment, emergency and referral services to persons with mental illness in a specified geographic area. aa. ~Screening outreach visit~ means an evaluation provided by a mental health screener wherever the person may be when clinically relevant information indicates the person may need involuntary commitment and is unable or unwilling to come to a screening service. bb. ~Short-term care facility~ means an inpatient, community based mental health treatment facility which provides acute care and assessment services to a person with mental illness whose mental illness causes the person to be dangerous to self or dangerous to others or property. A short-term care facility is so designated by the commissioner and is authorized by the commissioner to serve persons from a specified geographic area. A short-term care facility may be a part of a general hospital or other appropriate health care facility and shall meet certificate of need requirements and shall be licensed and inspected by the Department of Health and Senior Services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and in accordance with standards developed jointly with the Commissioner of Human Services. cc. ~Special psychiatric hospital~ means a public or private hospital licensed by the Department of Health and Senior Services to provide voluntary and involuntary mental health services, including assessment, care, supervision, treatment and rehabilitation services to persons with mental illness. dd. ~Treatment team~ means one or more persons, including at least one psychiatrist or physician, and may include a psychologist, social worker, nurse and other appropriate services providers. A treatment team provides mental health services to a patient of a screening service, short-term care or psychiatric facility. ee. ~Voluntary admission~ means that adult with mental illness, whose mental illness causes the person to be dangerous to self or dangerous to others or property and is willing to be admitted to a facility voluntarily for care, needs care at a short-term care or psychiatric facility because other facilities or services are not appropriate or available to meet the person@s mental health needs. A person may also be voluntarily admitted to a psychiatric facility if his mental illness presents a substantial likelihood of rapid deterioration in functioning in the near future, there are no appropriate community alternatives available and the psychiatric facility can admit the person and remain within its rated capacity. ff. ~County adjuster~ means the person appointed pursuant to R.S.30:4-34. L.1987,c.116,s.2; amended 1989,c.73,s.1; 1994,c.134,s.5; 1995, c.4, s.2; 2005, c.55, s.1. 30:4-27.3. Involuntary commitment The standards and procedures in this act apply to all adults involuntarily committed to a short-term care facility, psychiatric facility or special psychiatric hospital and all adults voluntarily admitted from a screening service to a short-term care facility or psychiatric facility. The standards and procedures in this act shall not apply to adults voluntarily admitted to psychiatric units in general hospitals or special psychiatric hospitals, except as provided in section 11 or 20 of this amendatory and supplementary act. L. 1987, c. 116, s. 3. 30:4-27.4. Screening service The commissioner, in consultation with the appropriate county mental health board and consistent with the approved county mental health plan, shall designate one or more mental health agencies or facilities in each county or multi-county region in the State as a screening service. The commissioner shall so designate an agency or facility only with the approval of the agency@s or facility@s governing body. In designating the screening services, the commissioner shall ensure that screening services are accessible to all persons in the State who need these services and that screening service evaluation is the preferred process for entry into short-term care facilities or psychiatric facilities so that appropriate consideration is given to less restrictive treatment alternatives. L. 1987, c. 116, s. 4. 30:4-27.5. Screening service procedures The commissioner shall adopt rules and regulations pursuant to the ~Administrative Procedure Act,~ P.L. 1968, c. 410 (C. 52:14B-1 et seq.) regarding a screening service and its staff that effectuate the following purposes and procedures: a. A screening service shall serve as the facility in the public mental health care treatment system wherein a person believed to be in need of commitment to a short-term care, psychiatric facility or special psychiatric hospital undergoes an assessment to determine what mental health services are appropriate for the person and where those services may be most appropriately provided. The screening service may provide emergency and consensual treatment to the person receiving the assessment and may transport the person or detain the person up to 24 hours for the purposes of providing the treatment and conducting the assessment. b. When a person is assessed by a mental health screener and involuntary commitment seems necessary, the screener shall provide, on a screening document prescribed by the division, information regarding the person@s history and available alternative facilities and services that are deemed inappropriate for the person. If a psychiatrist, in consideration of this document and in conjunction with the psychiatrist@s own complete assessment, concludes that the person is in need of commitment, the psychiatrist shall complete the screening certificate. The screening certificate shall be completed by a psychiatrist except in those circumstances where the division@s contract with the screening service provides that another physician may complete the certificate. Upon completion of the screening certificate, screening service staff shall determine the appropriate facility in which the person shall be placed taking into account the person@s prior history of hospitalization and treatment. If a person has been admitted three times or has been an inpatient for 60 days at a short-term care facility during the preceding 12 months, consideration shall be given to not placing the person in a short-term care facility. The person shall be admitted to the appropriate facility as soon as possible. Screening service staff are authorized to transport the person or arrange for transportation of the person to the appropriate facility. c. If the mental health screener determines that the person is not in need of admission or commitment to a short-term care facility, psychiatric facility or special psychiatric hospital, the screener shall refer the person to an appropriate community mental health or social services agency or appropriate professional or inpatient care in a psychiatric unit of a general hospital. d. A mental health screener shall make a screening outreach visit if the screener determines, based on clinically relevant information provided by an individual with personal knowledge of the person subject to screening, that the person may need involuntary commitment and the person is unwilling or unable to come to the screening service for an assessment. e. If the mental health screener pursuant to this assessment determines that there is reasonable cause to believe that a person is in need of involuntary commitment, the screener shall so certify the need on a form prepared by the division. L. 1987, c. 116, s. 5. 30:4-27.6. Custody A State or local law enforcement officer shall take custody of a person and take the person immediately and directly to a screening service if: a. On the basis of personal observation, the law enforcement officer has reasonable cause to believe that the person is in need of involuntary commitment; b. A mental health screener has certified on a form prescribed by the division that based on a screening outreach visit the person is in need of involuntary commitment and has requested the person be taken to the screening service for a complete assessment; or c. The court orders that a person subject to an order of conditional discharge issued pursuant to subsection c. of section 15 of this act who has failed to follow the conditions of the discharge be taken to a screening service for an assessment. The involvement of the law enforcement authority shall continue at the screening center as long as necessary to protect the safety of the person in custody and the safety of the community from which the person was taken. L. 1987, c. 116, s. 6. 30:4-27.7. Immunity from liability 7. a. A law enforcement officer, screening service or short-term care facility designated staff person or their respective employers, acting in good faith pursuant to this act who takes reasonable steps to assess, take custody of, detain or transport an individual for the purposes of mental health assessment or treatment is immune from civil and criminal liability. b. An emergency services or medical transport person or their respective employers, acting in good faith pursuant to this act and pursuant to the direction of a person designated in subsection a. of this section, who takes reasonable steps to take custody of, detain or transport an individual for the purpose of mental health assessment or treatment is immune from civil and criminal liability. For the purposes of this subsection, ~emergency services or medical transport person~ means a member of a first aid, ambulance, rescue squad or fire department, whether paid or volunteer, auxiliary police officer or paramedic. L.1987,c.116,s.7; amended 1992,c.152. 30:4-27.8. Short-term care facilities designated The commissioner, in consultation with the Commissioner of Health, shall designate one or more mental health agencies or facilities in each county or multi-county region in the State as short-term care facilities. The commissioner shall so designate an agency or facility only with the approval of the agency@s or facility@s governing body. L. 1987, c. 116, s. 8. 30:4-27.9. Purposes, procedures Short-term care facilities, psychiatric facilities and special psychiatric hospitals shall effectuate the following purposes and procedures: a. The director or chief executive officer of a short-term care facility, psychiatric facility or special psychiatric hospital shall have custody of a person while that person is detained in the facility and shall notify: (1) appropriate public or private agencies to arrange for the care of any dependents and to ensure the protection of the person@s property; and (2) appropriate ambulatory mental health providers for the purposes of beginning discharge planning. If a person is admitted to a psychiatric facility, the chief executive officer of the facility shall promptly notify the county adjuster of the person@s county of residence that the person has been admitted to the facility. The facility is authorized to provide assessment, treatment and rehabilitation services and shall provide discharge planning services as required pursuant to section 18 of this act. The facility is authorized to detain persons involuntarily committed to the facility. b. A person shall not be involuntarily committed to a short-term care or psychiatric facility, or special psychiatric hospital unless the person is mentally ill and that mental illness causes the person to be dangerous to self or dangerous to others or property, and appropriate facilities or services are not otherwise available. The person shall be admitted involuntarily only by referral from a screening service or temporary court order. The person may be admitted voluntarily only after the person has been advised orally and in writing of the discharge provisions established pursuant to this act and of the subsequent possibility that the facility may initiate involuntary commitment proceedings for the person. c. A short-term care or psychiatric facility, or special psychiatric hospital may detain a person, admitted to the facility involuntarily by referral from a screening service without a temporary court order, for no more than 72 hours from the time the screening certificate was executed. During this period of time the facility shall initiate court proceedings for the involuntary commitment of the person pursuant to section 10 of this act. L. 1987, c. 116, s. 9. 30:4-27.10. Court proceedings 10. a. A short-term care or psychiatric facility or a special psychiatric hospital shall initiate court proceedings for involuntary commitment by submitting to the court a clinical certificate completed by a psychiatrist on the patient@s treatment team and the screening certificate which authorized admission of the patient to the facility; provided, however, that both certificates shall not be signed by the same psychiatrist unless the psychiatrist has made a reasonable but unsuccessful attempt to have another psychiatrist conduct the evaluation and execute the certificate. b. Court proceedings for the involuntary commitment of any person not referred by a screening service may be initiated by the submission to the court of two clinical certificates, at least one of which is prepared by a psychiatrist. The person shall not be involuntarily committed before the court issues a temporary court order. c. A court proceeding for involuntary commitment of an inmate who is scheduled for release upon expiration of a maximum term of incarceration shall be initiated by the Attorney General or county prosecutor by submission to the court of two clinical certificates, at least one of which is prepared by a psychiatrist. d. The Attorney General, in exercise of the State@s authority as parens patriae, may initiate a court proceeding for the involuntary commitment of any person in accordance with the procedures set forth in subsection a. or b. of this section. When the Attorney General determines that the public safety requires initiation of a proceeding pursuant to subsection b. of this section, the Attorney General may apply to the court for an order compelling the psychiatric evaluation of the person. The court shall grant the Attorney General@s application if the court finds that there is reasonable cause to believe that the person may be in need of involuntary commitment. The Attorney General may delegate the authority granted pursuant to this subsection, on a case by case basis, to the county prosecutor. e. Any person who is a relative by blood or marriage of the person being screened who executes a clinical certificate, or any person who signs a clinical certificate for any purpose or motive other than for purposes of care, treatment and confinement of a person in need of involuntary commitment, shall be guilty of a crime of the fourth degree. f. Upon receiving these documents the court shall immediately review them in order to determine whether there is probable cause to believe that the person is in need of involuntary commitment. g. If the court finds that there is probable cause to believe that the person, other than a person whose commitment is sought pursuant to subsection c. of this section, is in need of involuntary commitment, it shall issue a temporary order authorizing the admission to or retention of the person in the custody of the facility pending a final hearing. h. If the court finds that there is probable cause to believe that a person whose commitment is sought pursuant to subsection c. of this section is in need of involuntary commitment, it shall issue an order setting a date for a final hearing and authorizing the Commissioner of the Department of Corrections to arrange for temporary commitment pursuant to section 2 of P.L.1986, c.71 (C.30:4-82.2) to the Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane pending the final hearing and prior to the expiration of the person@s term. The order shall specifically provide for transfer of custody to the Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane if the person@s maximum term will expire prior to the final hearing. i. In the case of a person committed to a short-term care facility or special psychiatric hospital, after the facility@s treatment team conducts a mental and physical examination, administers appropriate treatment and prepares a discharge assessment, the facility may transfer the patient to a psychiatric facility prior to the final hearing; provided that: (1) the patient, his family and his attorney are given 24 hours@ advance notice of the pending transfer; and (2) the transfer is accomplished in a manner which will give the receiving facility adequate time to examine the patient, become familiar with his behavior and condition and prepare for the hearing. In no event shall the transfer be made less than five days prior to the date of the hearing unless an unexpected transfer is dictated by a change in the person@s clinical condition. L.1987,c.116,s.10; amended 1994,c.134,s.6. 30:4-27.11. Patient rights A patient admitted to a short-term care or psychiatric facility or special psychiatric hospital either on a voluntary or involuntary basis has the following rights: a. The right to have examinations and services provided in the patient@s primary means of communication including, as soon as possible, the aid of an interpreter if needed because the patient is of limited English-speaking ability or suffers from a speech or hearing impairment; b. The right to a verbal explanation of the reasons for admission, the availability of an attorney and the rights provided in this act; and c. The right to be represented by an attorney and, if unrepresented or unable to afford an attorney, the right to be provided with an attorney paid for by the appropriate government agency. An attorney representing a patient has the right to inspect and copy the patient@s clinical chart. The clinical director shall ensure that a written statement of the rights provided in this act is provided to patients at the time of admission or as soon as possible thereafter, and to patients and their families upon request. L. 1987, c. 116, s. 11. 30:4-27.11a. Findings, declarations 1. The Legislature finds and declares that: a. It is of paramount public interest to ensure the rights of all patients in inpatient psychiatric facilities, including those persons being assessed or receiving treatment on an involuntary basis in screening services and short-term care facilities as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2); b. The rights set forth in section 10 of P.L.1965, c.59 (C.30:4-24.2) apply to any person who has been involuntarily committed to a State or county psychiatric hospital, a psychiatric unit of a county hospital or a special psychiatric hospital in accordance with the laws of this State; c. Because involuntary assessment and treatment in a screening service and involuntary commitment to a short-term care facility involve the deprivation of a patient@s liberty, it is necessary to specify and guarantee by statute the rights to which that patient is entitled, in a manner similar to that provided for a patient who is involuntarily committed to a State or county psychiatric hospital, a psychiatric unit of a county hospital or a special psychiatric hospital, while recognizing the administrative, structural and staffing features of screening services and short-term care facilities which are different from State or county psychiatric hospitals, psychiatric units of county hospitals or special psychiatric hospitals, as well as recognizing differences between the administrative, structural and staffing features of screening services and short-term care facilities by providing a separate guarantee of rights for patients in each of these settings; and d. All patients who are receiving assessment or treatment on an involuntary basis in screening services and short-term care facilities as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) are entitled to receive professional treatment of the highest standard and, unless incompetent, to participate in their treatment and discharge planning to the fullest extent possible. L.1991,c.233,s.1. 30:4-27.11b. Definitions 2. As used in this act: ~Patient~ means a person 18 years of age and older who is being involuntarily assessed or treated in a screening service or who has been involuntarily committed to a short-term care facility in accordance with the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.). ~Screening service~ means a ~screening service~ as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), and includes psychiatric emergency services which are funded by the Division of Mental Health and Hospitals in the Department of Human Services and are affiliated with a screening service. ~Short-term care facility~ means a ~short-term care facility~ as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2). L.1991,c.233,s.2. 30:4-27.11c. Patient not deprived of rights through receiving assessment, treatment 3. a. Subject to any other provisions of law and the Constitution of New Jersey and the Constitution of the United States, a patient shall not be deprived of a civil right solely by reason of his receiving assessment or treatment under the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.), nor shall the assessment or treatment modify or vary a legal or civil right of that patient, including, but not limited to, the right to register for and to vote at elections, or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law. b. A patient shall be entitled to all rights set forth in this act and shall retain all rights not specifically denied him under P.L.1987, c.116 (C.30:4-27.1 et seq.) and P.L.1989, c.170 (C.26:2H-12.7 et seq.). c. A patient shall not be presumed to be incompetent solely because he has been examined or treated for mental illness. d. A patient shall be entitled to a writ of habeas corpus upon proper petition by himself, a relative, or a friend to a court of competent jurisdiction in the county in which he is detained and shall further be entitled to enforce, by civil action or other remedies otherwise available by common law or statute, any of the rights provided in this act. L.1991,c.233,s.3. 30:4-27.11d. Rights of patient in short-term care facility 4. a. A patient in a short-term care facility shall have the following rights, which shall not be denied under any circumstances. A list of these rights shall be posted in a conspicuous place in each room designated for use by a patient and otherwise brought to the patient@s attention pursuant to subsection d. of this section: (1) To be free from unnecessary or excessive medication. Medication shall not be administered unless at the written or verbal order of a physician. A verbal order shall be valid only for a period of 24 hours, after which a written order for the medication shall be completed. At least weekly, the attending physician shall review the drug regimen of each patient under his care. Medication shall be administered in accordance with generally accepted medical standards as part of a treatment program. Medication shall not be used as punishment, for the convenience of staff, as a substitute for a treatment program, or in quantities that interfere with the patient@s treatment program. In an emergency in which less restrictive or appropriate alternatives acceptable to the patient are not available to prevent imminent danger to the patient or others, medication may be administered over a patient@s objection at the written order of a physician, which shall be valid for a period of up to 72 hours, in order to lessen the danger. A patient@s right to refuse medication when imminent danger to the patient or others is not present may be overridden by a written policy which has been adopted by the short-term care facility to protect the patient@s right to exercise informed consent to the administration of medication. The written policy shall, at a minimum, provide for appropriate procedures that ensure notice to the patient of the decision by the attending physician or other designated physician to administer medication, the right to question the physician about his decision to administer medication and to provide information to the physician regarding that decision. The written policy shall also provide for review of the patient@s decision to object to the administration of medication by a psychiatrist who is not directly involved in the patient@s treatment. The psychiatrist shall not override the patient@s decision to object to the administration of medication unless the psychiatrist determines that: the patient is incapable, without medication, of participating in a treatment plan that will provide a realistic opportunity of improving his condition; or, although it is possible to devise a treatment plan that will provide a realistic opportunity of improving the patient@s condition without medication, a treatment plan which includes medication would probably improve the patient@s condition within a significantly shorter time period, or there is a significant possibility that, without medication, the patient will harm himself or others before improvement of his condition is realized. An adult who has been voluntarily committed to a short-term care facility shall have the right to refuse medication. (2) Not to be subjected to psychosurgery or sterilization, without the express and informed, written consent of the patient after consultation with counsel or interested party of the patient@s choice. A copy of the patient@s consent shall be placed in the patient@s treatment record. If the patient has been adjudicated incompetent, a court of competent jurisdiction shall hold a hearing to determine the necessity of the procedure. The patient shall be physically present at the hearing, represented by counsel, and provided the right and opportunity to be confronted with and to cross-examine all witnesses alleging the necessity of the procedure. In these proceedings, the burden of proof shall be on the party alleging the necessity of the procedure. In the event that a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing. An attorney so appointed shall be entitled to a reasonable fee to be determined by the court and paid by the State. (3) To be free from unnecessary physical restraint and seclusion. Except for an emergency in which a patient has caused substantial property damage or has attempted to harm himself or others, or in which his behavior threatens to harm himself or others, and in which less restrictive means of restraint are not feasible, a patient may be physically restrained or placed in seclusion only on an attending physician@s written order or that of another designated physician which explains the rationale for that action. The written order may be given only after the attending physician or other designated physician has personally seen the patient, and evaluated the episode or situation that is said to require restraint or seclusion. In an emergency, the use of restraints or seclusion may be initiated by a registered professional nurse and shall be for no more than one hour. Within that hour, the nurse shall consult with the attending physician or other designated physician and, if continued restraint or seclusion is determined to be necessary, shall obtain an order from the attending physician or other designated physician to continue the use of restraints or seclusion. If an order is given, the patient shall be reevaluated by the nurse or the attending physician or other designated physician as to the patient@s physical and psychiatric condition and the need for continuing the restraints or seclusion at least every two hours until the use of restraints or seclusion has ended. The patient@s attending physician or other designated physician shall enter a written order approving the continued use of restraints or seclusion no later than 24 hours after the time that physical restraint or seclusion began, and only after the physician has personally seen the patient. A written order by the physician for the continued use of restraints or seclusion shall be effective for no more than 24 hours and shall be renewed if restraint and seclusion are continued. A medical examination of the patient shall be conducted every 12 hours by a physician. While a patient is in restraints or seclusion, nursing personnel shall check the patient@s hygienic, toileting, food-related and other needs every 15 minutes. A notation of these checks shall be placed in the patient@s medical record along with the order for restraints or seclusion. A patient in restraints shall be permitted to ambulate every four hours, except when the patient@s psychiatric condition would make a release from restraints dangerous to himself or others, and shall be permitted to ambulate at least once every 12 hours regardless of the patient@s psychiatric condition. (4) To be free from any form of punishment. (5) Not to receive electroconvulsive treatment or participate in experimental research without the express and informed, written consent of the patient. The patient shall have the right to consult with counsel or interested party of the patient@s choice. A copy of the patient@s consent shall be placed in the patient@s treatment record. If the patient has been adjudicated incompetent, a court of competent jurisdiction shall hold a hearing to determine the necessity of the procedure. The patient shall be physically present at the hearing, represented by counsel, and provided the right and opportunity to be confronted with and to cross-examine all witnesses alleging the necessity of the procedure. In these proceedings, the burden of proof shall be on the party alleging the necessity of the procedure. In the event that a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing. An attorney so appointed shall be entitled to a reasonable fee to be determined by the court and paid by the State. b. A patient receiving treatment in a short-term care facility shall have the following rights, which may only be denied pursuant to subsection c. of this section. A list of these rights shall be posted in a conspicuous place in each room designated for use by a patient and otherwise brought to the patient@s attention pursuant to subsection d. of this section: (1) To privacy and dignity. (2) To the least restrictive conditions necessary to achieve the purposes of treatment. (3) To wear his own clothes; to have access to and use his nondangerous personal possessions including his toilet articles; and to have access to and be allowed to spend a reasonable sum of his own money for expenses and small purchases. (4) To have access to individual storage space for his private use. (5) To see visitors each day. (6) To have reasonable access to and use of telephones, both to make and receive confidential calls. (7) To have ready access to letter writing materials, including stamps, and to mail and receive unopened correspondence. (8) To regular physical exercise or organized physical activities several times a week. (9) To be outdoors at regular and frequent intervals, in the absence of medical considerations, commencing two weeks after admission, except where the physical location of the short-term care facility precludes outdoor exercise or would render the supervision of outdoor exercise too onerous for the facility. (10) To suitable opportunities for interaction with members of the opposite sex, with adequate supervision. (11) To practice the religion of his choice or abstain from religious practices. Provisions for worship shall be made available to each patient on a nondiscriminatory basis. (12) To receive prompt and adequate medical treatment for any physical ailment. (13) To be provided with a reasonable explanation, in terms and language appropriate to the patient@s condition and ability to understand, of: (a) the patient@s general mental and physical condition; (b) the objectives of the patient@s treatment; (c) the nature and significant possible adverse effects of recommended treatments; (d) the reasons why a particular treatment is considered appropriate; and (e) the reasons for the denial of any of the patient@s rights pursuant to subsection c. of this section. c. (1) A patient@s rights designated under subsection b. of this section may be denied only for good cause when the attending physician feels it is imperative to deny any of these rights; except that, under no circumstances shall a patient@s right to communicate with his attorney, physician or the courts be restricted. The denial of a patient@s rights shall take effect only after a copy of the written notice of the denial has been filed in the patient@s treatment record and shall include an explanation of the reason for the denial. (2) A denial of rights shall be effective for a period not to exceed 10 days and shall be renewed for additional 10-day periods only by a written statement entered by the attending physician or other designated physician in the patient@s treatment record which indicates the detailed reason for the renewal of the denial. (3) In each instance of a denial or a renewal, the patient, his attorney, and his guardian, if the patient has been adjudicated incompetent, shall be given written notice of the denial or renewal and the reason therefor. d. A notice of the rights set forth in this section shall be given to a patient in a short-term care facility upon admission. The notice shall be in writing and in simple understandable language. It shall be in a language the patient understands and if the patient cannot read, it shall be read to him. In the case of an adjudicated incompetent patient, this procedure shall be followed for the patient@s guardian. Receipt of this notice shall be acknowledged in writing with a copy placed in the patient@s file. If the patient or guardian refuses to acknowledge receipt of the notice, the person delivering the notice shall state this in writing with a copy placed in the patient@s file. L.1991,c.233,s.4. 30:4-27.11e. Rights of patient in screening service 5. a. A patient in a screening service shall have the following rights, which shall apply during the first 24 hours of involuntary assessment and care provided at a screening service and which shall not be denied under any circumstances. A list of these rights shall be posted in a conspicuous place in the screening service and otherwise brought to the patient@s attention pursuant to subsection d. of this section: (1) To be free from unnecessary or excessive medication. Medication shall not be administered unless at the order of a physician. Medication shall be administered in accordance with generally accepted medical standards as part of a treatment program. Medication shall not be used as punishment, for the convenience of staff, as a substitute for a treatment program, or in quantities that interfere with the patient@s treatment program. In an emergency in which less restrictive or appropriate alternatives acceptable to the patient are not available to prevent imminent danger to the patient or others, medication may be administered over a patient@s objection at the written order of a physician, which shall be valid for a period of up to 24 hours, in order to lessen the danger. (2) Not to be subjected to experimental research, psychosurgery or sterilization, without the express and informed, written consent of the patient. The patient shall have the right to consult with counsel or interested party of the patient@s choice. A copy of the patient@s consent shall be placed in the patient@s treatment record. (3) To be free from unnecessary physical restraint and seclusion. Except for an emergency, in which a patient has caused substantial property damage or has attempted to harm himself or others, or in which his behavior threatens to harm himself or others, and in which less restrictive means of restraint are not feasible, a patient may be physically restrained or placed in seclusion only on an attending physician@s written order or that of another designated physician which explains the rationale for that action. The written order may be given only after the attending physician or other designated physician has personally seen the patient, and evaluated the episode or situation that is said to require restraint or seclusion. In an emergency, the use of restraints or seclusion may be initiated by a registered professional nurse and shall be for no more than one hour. Within that hour, the nurse shall consult with the attending physician or other designated physician and, if continued restraint or seclusion is determined to be necessary, shall obtain an order from the physician to continue the use of restraints or seclusion. If an order is given, the patient shall be reevaluated by the nurse or the attending physician or other designated physician as to the patient@s physical and psychiatric condition and the need for continuing the restraints or seclusion at least every two hours until the use of restraints or seclusion has ended. The patient@s attending physician or other designated physician shall enter a written order approving the continued use of restraints or seclusion no later than 12 hours after the time that physical restraint or seclusion began, after the physician has personally seen the patient. A written order by the physician for the continued use of restraints or seclusion shall be effective for no more than 24 hours and shall be renewed if restraint and seclusion are continued. A medical examination of the patient shall be conducted every 12 hours by a physician. While a patient is in restraints or seclusion, nursing personnel shall check the patient@s hygienic, toileting, food-related and other needs every 15 minutes. A notation of these checks shall be placed in the patient@s medical record along with the order for restraints or seclusion. A patient in restraints shall be permitted to ambulate every four hours, except when the patient@s psychiatric condition would make a release from restraints dangerous to himself or others, and shall be permitted to ambulate at least once every 12 hours regardless of the patient@s psychiatric condition. (4) To be free from any form of punishment. b. A patient receiving treatment in a screening service shall have the following rights, which may only be denied pursuant to subsection c. of this section. A list of these rights shall be posted in a conspicuous place in the screening service and otherwise brought to the patient@s attention pursuant to subsection d. of this section: (1) To privacy and dignity. (2) To the least restrictive conditions necessary to achieve the purposes of treatment. (3) To wear his own clothes, except as necessary for medical examination. (4) To see visitors. (5) To have reasonable access to and use of telephones, both to make and receive confidential calls. (6) To practice the religion of his choice or abstain from religious practices. (7) To receive prompt and adequate medical treatment for any physical ailment. (8) To be provided with a reasonable explanation, in terms and language appropriate to the patient@s condition and ability to understand, of: (a) the patient@s general mental condition, and his physical condition if the screening service has conducted a physical examination of the patient; (b) the objectives of the patient@s treatment; (c) the nature and significant possible adverse effects of recommended treatments; (d) the reasons why a particular treatment is considered appropriate; and (e) the reasons for the denial of any of the patient@s rights pursuant to subsection c. of this section. (9) To have a discharge plan prepared for him and to participate in the preparation of that plan. c. (1) A patient@s rights designated under subsection b. of this section may be denied only for good cause when the attending physician feels it is imperative to deny any of these rights; except that, under no circumstances shall a patient@s right to communicate with his attorney, physician or the courts be restricted. The denial of a patient@s rights shall take effect only after a copy of the written notice of the denial has been filed in the patient@s treatment record and shall include an explanation of the reason for the denial. (2) A denial of rights shall be effective only for the period of time that the patient is in the screening service. d. A notice of the rights set forth in this section shall be given to a patient as soon as possible upon admission to the screening service. The notice shall be in writing and in simple understandable language. It shall be in a language the patient understands and if the patient cannot read, it shall be read to him. In the case of an adjudicated incompetent patient, this procedure shall be followed for the patient@s guardian. Receipt of this notice shall be acknowledged in writing with a copy placed in the patient@s file. If the patient or guardian refuses to acknowledge receipt of the notice, the person delivering the notice shall state this in writing with a copy placed in the patient@s file. L.1991,c.233,s.5. 30:4-27.12. Court hearing 12. a. A patient who is involuntarily committed to a short-term care or psychiatric facility or special psychiatric hospital shall receive a court hearing with respect to the issue of continuing need for involuntary commitment within 20 days from initial inpatient admission to the facility unless the patient has been administratively discharged from the facility pursuant to section 17 of P.L.1987, c.116 (C.30:4-27.17). However, if a person is involuntarily committed pursuant to subsection c. or d. of section 10 of P.L.1987, c.116 (C.30:4-27.10), that person immediately shall be committed to the Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane for the duration of the 20 day waiting period. b. Except as provided in subsection c. of this section, the assigned county counsel is responsible for presenting the case for the patient@s involuntary commitment to the court, unless the county adjuster is licensed to practice law in this State, in which case the county adjuster shall present the case for the patient@s involuntary commitment to the court. c. Notwithstanding the provisions of subsection b. of this section and upon notice to the county adjuster: (1) The Attorney General, or the county prosecutor acting at the request of the Attorney General, may supersede the county counsel or county adjuster and assume responsibility for presenting any case for involuntary commitment or may elect to participate with the county counsel or county adjuster in presenting any such case; and (2) The county prosecutor may supersede the county counsel or county adjuster and assume responsibility for presenting any case for involuntary commitment initiated by the county prosecutor pursuant to subsection c. of section 10 of P.L.1987, c.116 (C.30:4-27.10) or may elect to participate with the county counsel in the presentation of any such case. d. A patient subject to involuntary commitment shall have counsel present at the hearing and shall not be permitted to appear at the hearing without counsel. L.1987,c.116,s.12; amended 1989,c.73,s.2; 1994,c.134,s.7. 30:4-27.13. Notice of hearing 13. a. At least 10 days prior to a court hearing, the county adjuster of the admitting county or the Attorney General or county prosecutor if presenting the case for the patient@s involuntary commitment, shall cause notice of the court hearing to be served upon the patient, the patient@s guardian if any, the patient@s next-of-kin, the patient@s attorney, the director, chief executive officer, or other individual who has custody of the patient, the county adjuster of the county in which the patient has legal settlement and any other individual specified by the court. The notice shall contain the date, time and location of the court hearing. The patient and the patient@s attorney shall also receive copies of the clinical certificates and supporting documents, the temporary court order and a statement of the patient@s rights at the court hearing. b. A psychiatrist on the patient@s treatment team who has conducted a personal examination of the patient as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing, shall testify at the hearing to the clinical basis for the need for involuntary commitment. Other members of the patient@s treatment team and any other witness with relevant information offered by the patient or the persons presenting the case for civil commitment shall also be permitted to testify at the hearing. c. The patient@s next-of-kin may attend and testify at the court hearing if the court so determines. d. The court shall transcribe the court hearing and arrange for the payment of expenses related thereto in the same manner as for other court proceedings. L.1987,c.116,s.13; amended 1994,c.134,s.8. 30:4-27.14. Patient rights at hearing A person subject to involuntary commitment has the following rights at a court hearing and any subsequent review court hearing: a. The right to be represented by counsel or, if indigent, by appointed counsel; b. The right to be present at the court hearing unless the court determines that because of the person@s conduct at the court hearing the proceeding cannot reasonably continue while the person is present; c. The right to present evidence; d. The right to cross examine witnesses; and e. The right to a hearing in camera. L. 1987, c. 116, s. 14. 30:4-27.15. Court findings relative to involuntary commitment 15. a. If the court finds by clear and convincing evidence that the patient needs continued involuntary commitment, it shall issue an order authorizing the involuntary commitment of the patient and shall schedule a subsequent court hearing in the event the patient is not administratively discharged pursuant to section 17 of P.L.1987, c.116 (C.30:4-27.17) prior thereto. b. If the court finds that the patient does not need continued involuntary commitment, the court shall so order. A patient who is serving a term of incarceration shall be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and any other patient shall be discharged by the facility within 48 hours of the court@s verbal order or by the end of the next working day, whichever is longer, with a discharge plan prepared pursuant to section 18 of P.L.1987, c.116 (C.30:4-27.18). c. (1) The court may discharge the patient subject to conditions, if the court finds that the person does not need involuntary or continued involuntary commitment and the court finds: (a) that the patient@s history indicates a high risk of rehospitalization because of the patient@s failure to comply with discharge plans; or (b) that there is substantial likelihood that by reason of mental illness the patient will be dangerous to himself, others or property if the patient does not receive other appropriate and available services that render involuntary commitment unnecessary. (2) Conditions imposed pursuant to this section shall include those recommended by the facility and mental health agency staff and developed with the participation of the patient. Conditions imposed on the patient shall be specific and their duration shall not exceed 90 days unless the court determines, in a case in which the Attorney General or a county prosecutor participated, that the conditions should be imposed for a longer period. If the court imposes conditions for a period exceeding six months, the court shall provide for a review hearing on a date the court deems appropriate but in no event later than six months from the date of the order. The review hearing shall be conducted in the manner provided in this section, and the court may impose any order authorized pursuant to this section. (3) The designated mental health agency staff person shall notify the court if the patient fails to meet the conditions of the discharge plan, and the court shall issue an order directing that the person be taken to a screening service for an assessment. The court shall determine, in conjunction with the findings of a screening service, if the patient needs to be rehospitalized and, if so, the patient shall be returned to the facility. The court shall hold a hearing within 20 days of the day the patient was returned to the facility to determine if the order of conditional discharge should be vacated. d. Notwithstanding subsection a. of this section, or any provision of section 16, 17 or 18 of P.L.1987, c.116 (C.30:4-27.16, 30:4-27.17 or 30:4-27.18), no person committed while serving a term of incarceration shall be discharged by the court or administratively discharged prior to the date on which the person@s maximum term would have expired had he not been committed. If the person is no longer in need of involuntary commitment, the person shall be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and the person shall be given day for day credit for all time during which the person was committed. e. Notwithstanding subsection a. of this section, or any provision of section 16, 17 or 18 of P.L.1987, c.116 (C.30:4-27.16, 30:4-27.17 or 30:4-27.18), no person committed pursuant to N.J.S.2C:4-8 concerning acquittal of a criminal charge by reason of insanity or pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial shall be discharged by the court or administratively discharged unless the prosecuting attorney in the case receives prior notice and an opportunity to be heard. L.1987,c.116,s.15; amended 1994, c.134, s.9; 1996, c.133, s.4. 30:4-27.16. Court review hearings a. A patient committed pursuant to a court order who is not administratively discharged pursuant to section 17 of this act shall be afforded periodic court review hearings of the need for involuntary commitment. The review hearing shall be conducted in the manner provided in section 15 of this act. If the court determines at a review hearing that involuntary commitment shall be continued, it shall execute a new order. The court shall conduct the first review hearing three months from the date of the first hearing, the next review hearing nine months from the date of the first hearing and subsequent review hearings 12 months from the date of the first hearing and annually thereafter. The court may schedule additional review hearings but, except in extraordinary circumstances, not more often than once every 30 days. b. At a court review hearing, when the advanced age of the patient or the cause or nature of the mental illness renders it appropriate and when it would be impractical to obtain the testimony of a psychiatrist as required in section 13 of this act, the court may permit a physician on the patient@s treatment team, who has personally conducted an examination of the patient as close to the hearing date as possible, but in no event more than five days prior to the hearing date, to testify at the hearing to the clinical basis for the need for involuntary commitment. L. 1987, c. 116, s. 16. 30:4-27.17. Discharge determination 17. a. The treatment team at a short-term care or psychiatric facility or special psychiatric hospital shall, subject to the limitations set forth in subsections b. and c. of this section, administratively discharge a patient from involuntary commitment status if the treatment team determines that the patient no longer needs involuntary commitment. If a discharge plan has not been developed pursuant to section 18 of this act, it shall be developed forthwith. b. If the patient is confined pursuant to an order entered under section 15 of P.L.1987, c.116 (C.30:4-27.15) in a case in which the Attorney General or a county prosecutor participated, the treatment team shall, no less than 10 days prior to the proposed date of administrative discharge, provide written notice to the committing court and to the person or persons who presented the case for involuntary commitment. If, within five days of receipt of such notice, a person who presented the case for commitment files a request for a hearing on the issue of continuing need for commitment and serves notice of that request, in accordance with the provisions of section 13 of P.L.1987, c.116 (C.30:4-27.13), the treatment team shall delay the administrative discharge and the court shall schedule a hearing on the issue. The hearing shall be conducted in the manner provided in section 15 of P.L.1987, c.116 (C.30:4-27.15). c. If the patient is confined pursuant to an order entered under N.J.S.2C:4-8 concerning acquittal of a criminal charge by reason of insanity or under N.J.S.2C:4-6 concerning lack of mental competence to stand trial, the treatment team shall, no less than 10 days prior to the proposed date of administrative discharge, provide written notice to the committing court and to the prosecutor. If, within five days of receipt of such notice, the prosecutor files a request for a hearing on the issue of continuing need for commitment and serves notice of that request, in accordance with the provisions of section 13 of P.L.1987, c.116 (C.30:4-27.13), the treatment team shall delay the administrative discharge and the court shall schedule a hearing on the issue. The hearing shall be conducted in the manner provided in section 15 of P.L.1987, c.116 (C.30:4-27.15). L.1987,c.116,s.17; amended 1994, c.134, s.10; 1996, c.133, s.5. 30:4-27.18. Discharge plan A person discharged either by the court or administratively from a short-term care or psychiatric facility or special psychiatric hospital shall have a discharge plan prepared by the treatment team at the facility pursuant to this section. The treatment team shall give the patient an opportunity to participate in the formulation of the discharge plan. In the case of patients committed to short-term care or psychiatric facilities, a community agency designated by the commissioner shall participate in the formulation of the plan. The facility shall advise the mental health agency of the date of the patient@s discharge. The mental health agency shall provide follow-up care to the patient pursuant to regulations adopted by the commissioner. This section does not preclude discharging a patient to an appropriate professional. Psychiatric facilities shall give notice of the discharge to the county adjuster of the county in which the patient has legal settlement. L. 1987, c. 116, s. 18. 30:4-27.19. Interim financial assistance The chief executive officer of a State or county psychiatric facility, or his designee, may authorize the payment of interim financial assistance to discharged patients for living expenses, pending determination of public benefits entitlements, when this assistance is necessary and appropriate pursuant to regulations adopted by the commissioner. When public benefit entitlements are received, discharged patients shall reimburse the psychiatric facility for all interim financial assistance provided. L. 1987, c. 116, s. 19. 30:4-27.20. Discharge of voluntary patients A voluntary patient at a short-term care or psychiatric facility or special psychiatric hospital shall be discharged by the treatment team at the patient@s request. The treatment team shall document all requests for discharge, whether oral or written, in the patient@s clinical record. The facility shall discharge the patient as soon as possible but in every case within 48 hours or at the end of the next working day from the time of the request, whichever is longer, except that if the treatment team determines that the patient needs involuntary commitment, the treatment team shall initiate court proceedings pursuant to section 10 of this act. The facility shall detain the patient beyond 48 hours or the end of the next working day from the time of the request for discharge, only if the court has issued a temporary court order. L. 1987, c. 116, s. 20. 30:4-27.21. Transfer of patients 21. a. A person involuntarily committed to a State psychiatric facility listed in R.S.30:1-7 may be transferred to another State psychiatric facility in accordance with rules adopted by the commissioner that specify the clinical and programmatic factors and the procedures related to the transfer. b. A person involuntarily committed to a State psychiatric facility may be transferred to a facility for psychiatric or medical care pursuant to an agreement between the department and that facility which specifies the clinical and programmatic factors and the procedures related to the transfer. c. A developmentally disabled person who resides in a State developmental center or other residential functional services placement for the developmentally disabled who is in need of involuntary commitment shall be involuntarily committed to a State or county psychiatric facility. As a result of the involuntary commitment, the physical transfer of the developmentally disabled person from the developmental center or other residential functional services placement to a State or county psychiatric facility and from the facility back to the developmental center or other residential functional services placement shall be on a two-way commissioner@s order of transfer, which order shall be in effect for as long as the person is involuntarily committed. The person is not required to file a new application for functional services from the Division of Developmental Disabilities upon transfer back to the developmental center or other residential functional services placement. The person@s legal settlement shall remain unchanged and the person shall not gain or lose legal settlement because of the transfers. L.1987,c.116,s.21; amended 1995,c.155,s.8. 30:4-27.22. Uniform detainer form a. If a person in custody awaiting trial on a criminal or disorderly persons charge is admitted or committed pursuant to this act, the law enforcement authority which transferred the person shall complete a uniform detainer form, as prescribed by the division, which shall specify the charge, law enforcement authority and other information which is clinically and administratively relevant. This form shall be submitted to the admitting facility along with the screening certificate or temporary court order directing that the person be admitted to the facility. b. The division shall prepare the form with the approval of the Administrative Office of the Courts. c. When the person is administratively or judicially discharged and is still under the authority of the law enforcement authority, that authority shall, within 48 hours of receiving notification of the discharge, take custody of the person. L. 1987, c. 116, s. 22. 30:4-27.23. Allowable costs Any costs incurred to comply with the provisions of this act will be considered allowable in establishment of rates, which are to be set in a regulatory environment. L. 1987, c. 116, s. 31. 30:4-27.24. Short title 1. This act shall be known and may be cited as the ~New Jersey Sexually Violent Predator Act.~ L.1998, c.71, s.1. 30:4-27.25. Findings, declarations relative to sexually violent predators 2. The Legislature finds and declares that: a. Certain individuals who commit sex offenses suffer from mental abnormalities or personality disorders which make them likely to engage in repeat acts of predatory sexual violence if not treated for their mental conditions. b. Under the existing involuntary commitment procedure, persons are subject to commitment if they are mentally ill and dangerous to self, others or property. ~Mental illness~ is a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior or capacity to recognize reality, which causes the person to be dangerous to self, others or property. The nature of the mental condition from which a sexually violent predator may suffer may not always lend itself to characterization under the existing statutory standard, although civil commitment may nonetheless be warranted due to the danger the person may pose to others as a result of the mental condition. c. Therefore, it is necessary to modify the involuntary civil commitment process in recognition of the need for commitment of those sexually violent predators who pose a danger to others should they be returned to society. d. Moreover, because of the nature of the mental conditions from which sexually violent predators suffer and the danger they present, it is necessary to house involuntarily committed sexually violent predators in an environment separate from persons committed under P.L.1987, c.116 (C.30:4-27.1 et seq.) or otherwise confined. L.1998, c.71, s.2. 30:4-27.26. Definitions relative to sexually violent predators 3. As used in this act: ~Agency with jurisdiction~ means the agency which releases upon lawful order or authority a person who is serving a sentence or term of confinement, or is otherwise being detained or maintained in custody. This term includes the Department of Corrections or a county correctional facility, the Juvenile Justice Commission or a county juvenile detention facility, and the Department of Human Services. ~Attorney General~ means the Attorney General or a county prosecutor to whom the Attorney General has delegated authority under this act. ~Clinical certificate for a sexually violent predator~ means a form prepared by the Division of Mental Health Services in the Department of Human Services and approved by the Administrative Office of the Courts, that is completed by the psychiatrist or other physician who has examined the person who is subject to commitment within three days of presenting the person for admission to a facility for treatment, and which states that the person is a sexually violent predator in need of involuntary commitment. The form shall also state the specific facts upon which the examining physician has based that conclusion and shall be certified in accordance with the Rules Governing the Courts of the State of New Jersey. A clinical certificate for a sexually violent predator may not be executed by an individual who is a relative by blood or marriage to the person who is being examined. ~Likely to engage in acts of sexual violence~ means the propensity of a person to commit acts of sexual violence is of such a degree as to pose a threat to the health and safety of others. ~Mental abnormality~ means a mental condition that affects a person@s emotional, cognitive or volitional capacity in a manner that predisposes that person to commit acts of sexual violence. ~Person~ means an individual 18 years of age or older who is a potential or actual subject of proceedings under this act. ~Psychiatrist~ means a physician who has completed the training requirements of the American Board of Psychiatry and Neurology. ~Sexually violent offense~ means: (a) aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to subparagraph (b) of paragraph (2) of subsection c. of N.J.S.2C:13-1; criminal sexual contact; felony murder pursuant to paragraph (3) of N.J.S.2C:11-3 if the underlying crime is sexual assault; an attempt to commit any of these enumerated offenses; or a criminal offense with substantially the same elements as any offense enumerated above, entered or imposed under the laws of the United States, this State or another state; or (b) any offense for which the court makes a specific finding on the record that, based on the circumstances of the case, the person@s offense should be considered a sexually violent offense. ~Sexually violent predator~ means a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sexually violent offense, or has been charged with a sexually violent offense but found to be incompetent to stand trial, and suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for control, care and treatment. ~Treatment team~ means the individuals, agencies or firms which provide treatment, supervision or other services at a facility designated for the custody, care and treatment of sexually violent predators. L.1998, c.71, s.3. 30:4-27.27. Written notice to Attorney General of anticipated release, discharge 4. a. When it appears that a person may meet the criteria of a sexually violent predator as defined in this act, the agency with jurisdiction shall give written notice to the Attorney General 90 days, or as soon as practicable, prior to: (1) the anticipated release from total confinement of a person who has been convicted of or adjudicated delinquent for a sexually violent offense; (2) any commitment status review hearing at which the Department of Human Services intends to recommend discharge or believes that discharge may be likely, for a person who has been civilly committed pursuant to N.J.S.2C:4-8 following acquittal by reason of insanity for a sexually violent offense; or (3) any hearing at which the Department of Human Services intends to recommend discharge or believes that discharge may be likely, for any person civilly committed based upon a determination that the person lacked mental competence to stand trial pursuant to N.J.S.2C:4-6, if the person had been charged with a sexually violent offense. b. When such notice is given, the agency with jurisdiction shall provide the Attorney General with all information relevant to a determination of whether the person may be a sexually violent predator, including, without regard to classification as confidential pursuant to regulations of the agency with jurisdiction, any preparole report, psychological and medical records, any statement of the reasons for denial of parole and a statement from the agency with jurisdiction of the reasons for its determination that the person may be a sexually violent predator. c. All information, documents and records concerning the person@s mental condition or which are classified as confidential pursuant to statute or regulations of the agency with jurisdiction that are received or provided pursuant to this section shall be deemed confidential. Unless authorized or required by court order or except as required in the course of judicial proceedings relating to the person@s commitment or release, disclosure of such information, documents and records shall be limited to a professional evaluating the person@s condition pursuant to this section, the Attorney General and a member of the Attorney General@s staff as necessary to the performance of duties imposed pursuant to this section and, if the person is committed, to the staff at the institution providing treatment. d. Any individual acting in good faith who has provided information relevant to a person@s need for involuntary commitment under this act or has taken steps in good faith to assess a person@s need of involuntary commitment under this act is immune from civil or criminal liability. e. The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the Attorney General from initiating a proceeding against a person otherwise subject to the provisions of this act, nor do the provisions of this act in any way foreclose a proceeding under the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.) for the involuntary commitment of any person charged with or convicted of a sexual offense. L.1998, c.71, s.4. 30:4-27.28. Initiation of court proceeding for involuntary commitment 5. a. The Attorney General may initiate a court proceeding for involuntary commitment under this act of a person who is currently a patient in a short-term care facility, State or county psychiatric facility or special psychiatric hospital, by submitting to the court a clinical certificate for a sexually violent predator completed by a psychiatrist at the facility at which the person is a patient and the screening certificate which authorized admission of the person to the facility; but both certificates shall not be signed by the same psychiatrist unless the psychiatrist has made a reasonable but unsuccessful attempt to have another psychiatrist conduct the evaluation and execute the certificate. b. If civil commitment is not initiated pursuant to subsection a. of this section, the Attorney General may initiate a court proceeding for the involuntary commitment of a person by the submission to the court of two clinical certificates for a sexually violent predator, at least one of which is prepared by a psychiatrist. The person shall not be involuntarily committed pursuant to this act before the court issues a temporary court order. When the Attorney General determines that the public safety requires initiation of a proceeding pursuant to this subsection, the Attorney General may apply to the court for an order compelling the psychiatric evaluation of the person. The court shall grant the Attorney General@s application if the court finds that there is reasonable cause to believe that the person named in the petition is a sexually violent predator. c. The Attorney General may initiate a court proceeding for involuntary commitment under this act of an inmate who is scheduled for release upon expiration of a maximum term of incarceration by submission to the court of two clinical certificates for a sexually violent predator, at least one of which is prepared by a psychiatrist. d. The Attorney General, in exercise of the State@s authority as parens patriae, may initiate a court proceeding for the involuntary commitment of any person in accordance with the procedures set forth in this section by filing the required submission with the court in the jurisdiction in which the person whose commitment is sought is located. e. Any individual who is a relative by blood or marriage of the person being examined who executes a clinical certificate for a sexually violent predator, or any individual who signs such a clinical certificate for any purpose or motive other than for purposes of care, treatment and confinement of a person in need of involuntary commitment, shall be guilty of a crime of the fourth degree. f. Upon receiving these documents, the court shall immediately review them in order to determine whether there is probable cause to believe that the person is a sexually violent predator. g. If the court finds that there is probable cause to believe that the person is a sexually violent predator in need of involuntary commitment, it shall issue an order setting a date for a final hearing and authorizing temporary commitment to a secure facility designated for the custody, care and treatment of sexually violent predators pending the final hearing. In no event shall the person be released from confinement prior to the final hearing. h. In the case of a person committed to a short-term care facility or special psychiatric hospital, after the facility@s treatment team conducts a mental and physical examination, administers appropriate treatment and prepares a discharge assessment, the facility shall transfer the person to a secure facility designated for the custody, care and treatment of sexually violent predators pending the final hearing upon providing the person, the person@s guardian if any, the person@s next-of-kin and the person@s attorney 24 hours@ advance notice of the pending transfer. Such transfer is to be accomplished in a manner which will give the receiving facility adequate time to examine the person, become familiar with the person@s behavior and condition, and prepare for the hearing. L.1998, c.71, s.5. 30:4-27.29. Court hearing 6. a. A person who is involuntarily committed pursuant to section 5 of this act shall receive a court hearing with respect to the issue of continuing need for involuntary commitment as a sexually violent predator within 20 days from the date of the temporary commitment order. b. The Attorney General is responsible for presenting the case for the person@s involuntary commitment as a sexually violent predator to the court. c. A person subject to involuntary commitment shall have counsel present at the hearing and shall not be permitted to appear at the hearing without counsel. L.1998, c.71, s.6. 30:4-27.30. Notice of court hearing 7. a. At least 10 days prior to a court hearing, the Attorney General shall cause notice of the court hearing to be served upon the person, the person@s guardian if any, the person@s next-of-kin, the person@s attorney, the agency with jurisdiction having custody of the person and any other individual specified by the court. The notice shall contain the date, time and location of the court hearing. The person and the person@s attorney shall also receive copies of the clinical certificates for a sexually violent predator and supporting documents, the temporary court order and a statement of the person@s rights at the court hearing. b. A psychiatrist on the person@s treatment team who has conducted a personal examination of the person as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing, shall testify at the hearing to the clinical basis for the need for involuntary commitment as a sexually violent predator. Other members of the person@s treatment team and any other witness with relevant information offered by the person or the Attorney General shall also be permitted to testify at the hearing. c. The person@s next-of-kin may attend and, if the court so determines, may testify at the court hearing. d. The court shall transcribe the court hearing and arrange for the payment of expenses related thereto in the same manner as for other court proceedings. L.1998, c.71, s.7. 30:4-27.31. Rights at court hearing 8. A person subject to involuntary commitment as a sexually violent predator has the following rights at a court hearing pursuant to section 7 and any subsequent review court hearing: a. The right to be represented by counsel or, if indigent, by appointed counsel; b. The right to be present at the court hearing unless the court determines that because of the person@s conduct at the court hearing the proceeding cannot reasonably continue while the person is present; c. The right to present evidence; d. The right to cross-examine witnesses; and e. The right to a hearing in camera. L.1998, c.71, s.8. 30:4-27.32. Order authorizing continued involuntary commitment 9. a. If the court finds by clear and convincing evidence that the person needs continued involuntary commitment as a sexually violent predator, it shall issue an order authorizing the involuntary commitment of the person to a facility designated for the custody, care and treatment of sexually violent predators. The court shall also schedule a subsequent court hearing pursuant to section 12 of this act. b. If the court finds that the person is not a sexually violent predator, the court shall so order. A person who is serving a term of incarceration shall be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and any other person shall be discharged by the facility within 48 hours of the court@s verbal order or by the end of the next working day, whichever is longer, with a discharge plan prepared pursuant to section 14 of this act. c. (1) If the Department of Human Services recommends conditional discharge of the person and the court finds that the person will not be likely to engage in acts of sexual violence because the person is amenable to and highly likely to comply with a plan to facilitate the person@s adjustment and reintegration into the community so as to render involuntary commitment as a sexually violent predator unnecessary for that person, the court may order that the person be conditionally discharged in accordance with such plan. (2) Conditions imposed pursuant to this subsection shall include those recommended by the person@s treatment team and developed with the participation of the person and shall be approved by the Department of Human Services. Conditions imposed on the person shall be specific and shall be for the purpose of ensuring that the person participates in necessary treatment and that the person does not represent a risk to public safety. If the court imposes conditions for a period exceeding six months, the court shall provide for a review hearing on a date the court deems appropriate but in no event later than six months from the date of the order. The review hearing shall be conducted in the manner provided in this section, and the court may impose any order authorized pursuant to this section. (3) A designated staff member on the person@s treatment team shall notify the court if the person fails to meet the conditions of the discharge plan, and the court shall issue an order directing that the person be taken to a facility designated for the custody, care and treatment of sexually violent predators for an assessment. The court shall determine, in conjunction with the findings of the assessment, if the person needs to be returned to custody and, if so, the person shall be returned to the designated facility for the custody, care and treatment of sexually violent predators. The court shall hold a hearing within 20 days of the day the person was returned to custody to determine if the order of conditional discharge should be vacated. d. Notwithstanding the provisions of this section, or any provision of section 12, 13 or 14 of this act to the contrary, no person committed while serving a term of incarceration shall be discharged by the court prior to the date on which the person@s maximum term would have expired had he not been committed. If the court determines that the person@s mental condition has so changed that the person is safe to be at large, the court shall order that the person be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and the person shall be given day for day credit for all time during which the person was committed. e. Notwithstanding the provisions of this section, or any provision of section 12, 13 or 14 of this act to the contrary, no person committed pursuant to N.J.S.2C:4-8 concerning acquittal of a criminal charge by reason of insanity or pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial shall be discharged by the court unless the prosecuting attorney in the case receives prior notice and an opportunity to be heard. L.1998, c.71, s.9. 30:4-27.33. Involuntary commitment of person lacking mental competence to stand trial 10. If a person who has been civilly committed based upon a determination that the person lacked mental competence to stand trial pursuant to N.J.S.2C:4-6 is about to be released, and the person@s involuntary commitment is sought pursuant to this act, the court shall first hear evidence and determine whether the person did commit the act charged. a. The rules of evidence applicable in criminal cases shall apply, and all constitutional rights available to a defendant at a criminal trial, other than the right to a trial by jury and the right not to be tried while incompetent, shall apply. b. After hearing evidence on this issue, the court shall make specific findings on whether the person did commit the act charged, the extent to which the person@s lack of mental competence affected the outcome of the hearing, including its effect on the person@s ability to consult with and assist counsel and to testify on the person@s own behalf, the extent to which the evidence could be reconstructed without the assistance of the person and the strength of the prosecution@s case. c. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person did commit the act charged, the court shall enter a final order, appealable by the person, on that issue and may proceed to consider whether the person should be committed pursuant to this act. L.1998, c.71, s.10. 30:4-27.34. Operation of facility for sexually violent predators; regulations 11. a. The Department of Corrections shall be responsible for the operation of any facility designated for the custody, care and treatment of sexually violent predators, and shall provide or arrange for custodial care of persons committed pursuant to this act. Except as may be provided pursuant to subsection c. of section 9 of this act, a person committed pursuant to this act shall be kept in a secure facility and shall be housed and managed separately from offenders in the custody of the Department of Corrections and, except for occasional instances of supervised incidental contact, shall be segregated from such offenders. b. The Division of Mental Health Services in the Department of Human Services shall provide or arrange for treatment for a person committed pursuant to this act. Such treatment shall be appropriately tailored to address the specific needs of sexually violent predators. c. Appropriate representatives of the Department of Corrections and the Department of Human Services shall participate in an interagency oversight board to facilitate the coordination of the policies and procedures of the facility. d. Notwithstanding the provisions of section 10 of P.L.1965, c.59 (C.30:4-24.2) or any other law to the contrary, the rights and rules of conduct applicable to a person subject to involuntary commitment as a sexually violent predator pursuant to P.L.1998, c.71 (C.30:4-27.24 et seq.) shall be established by regulation promulgated jointly by the Commissioner of Human Services and the Commissioner of Corrections, in consultation with the Attorney General. The regulations promulgated under this subsection shall take into consideration the rights of patients as set forth in section 10 of P.L.1965, c.59 (C.30:4-24.2), but shall specifically address the differing needs and specific characteristics of, and treatment protocols related to, sexually violent predators. In developing these regulations, the commissioners shall give due regard to security concerns and safety of the residents, treatment staff, custodial personnel and others in and about the facility. L.1998,c.71,s.11; amended 2003, c.156. 30:4-27.35. Annual court review hearing 12. A person committed under this act shall be afforded an annual court review hearing of the need for involuntary commitment as a sexually violent predator. The review hearing shall be conducted in the manner provided in section 7 of this act. If the court determines at a review hearing that involuntary commitment as a sexually violent predator shall be continued, it shall execute a new order. The court shall conduct the first review hearing 12 months from the date of the first hearing, and subsequent review hearings annually thereafter. The court may schedule additional review hearings but, except in extraordinary circumstances, not more often than once every 30 days. L.1998, c.71, s.12. 30:4-27.36. Recommendation for discharge 13. a. At any time during the involuntary commitment of a person under this act, if the person@s treatment team determines that the person@s mental condition has so changed that the person is not likely to engage in acts of sexual violence if released, the treatment team shall recommend that the Department of Human Services authorize the person to petition the court for discharge from involuntary commitment status. The Department of Human Services shall notify the Attorney General immediately upon providing such authorization. If a discharge plan has not been developed pursuant to section 14 of this act, it shall be developed forthwith. b. The person shall serve the authorized petition for discharge upon the committing court and the Attorney General. The Attorney General may obtain an independent clinical evaluation of the person, which shall be performed within 15 days of receipt by the Attorney General of the authorized petition for discharge. If, within 15 days of receipt of such authorized petition or upon completion of an independent clinical evaluation, if any, the Attorney General files a request for a hearing on the issue of continuing need for commitment and serves notice of that request, in accordance with the provisions of section 7 of this act, the court shall schedule a hearing on the issue. The hearing shall be conducted in the manner provided in section 9 of this act. c. If the person committed pursuant to this act had at the time of such commitment been confined pursuant to an order entered under N.J.S.2C:4-8 concerning acquittal of a criminal charge by reason of insanity or under N.J.S.2C:4-6 concerning lack of mental competence to stand trial, the Attorney General shall provide written notice to the prosecutor of the person@s authorized petition for discharge from involuntary commitment status. If, within five days of receipt of such notice, the prosecutor files a request for a hearing on the issue of continuing need for commitment and serves notice of that request, in accordance with the provisions of section 7 of this act, the court shall schedule a hearing on the issue. The hearing shall be conducted in the manner provided in section 9 of this act. d. Nothing in this act shall prohibit a person from filing a petition for discharge from involuntary commitment status without authorization from the Department of Human Services. Upon receipt of such a petition, the court shall review the petition to determine: (1) whether the petition contains facts upon which the court could find that the condition of the person has so changed from the time of the filing of the person@s prior petition that a hearing is warranted, or (2) whether the petition is supported by a professional expert evaluation or report stating that the person@s mental condition has so changed that the person is not likely to engage in acts of sexual violence if released, which evidence had not been provided to the court in its prior annual review. If the petition fails to satisfy either of these requirements, the court shall deny the petition without a hearing. L.1998, c.71, s.13. 30:4-27.37. Discharge plan 14. A person discharged by the court shall have a discharge plan prepared by the treatment team at the facility designated for the custody, care and treatment of sexually violent predators, pursuant to this section. The treatment team shall give the person an opportunity to participate in the formulation of the discharge plan. L.1998, c.71, s.14. 30:4-27.38. Written notice of release 15. In addition to any other information required to be released under this act, prior to the release of a person committed under this act, the Department of Corrections shall give written notice of the person@s release to the Attorney General or the prosecutor of the county in which the person was prosecuted for the sexually violent offense which rendered the person subject to commitment under this act, depending on which office prosecuted the person for the sexually violent offense. Upon receipt of such notice, the county prosecutor or Attorney General, as the case may be, shall notify the Office of Victim and Witness Advocacy of the county in which the person was prosecuted and that office shall use any reasonable means available to it to give notice of the person@s release to the victim of the sexually violent offense or the victim@s nearest relative if the sexually violent offense resulted in death, which notice shall be in accordance with the provisions of section 6 of P.L.1985, c.404 (C.52:4B-44). The notice required under this section shall be given only if a request for such notification has been made by the victim or the victim@s nearest relative, as the case may be, to the county prosecutor or Attorney General, as the case may be, at the time the person was sentenced or committed. Failure to notify shall not be a reason for postponement of release. Nothing in this subsection shall create a cause of action against the State, county or any employee of the State or county acting within the scope of the employee@s employment as a result of the failure to notify under this act. L.1998, c.71, s.15.

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