NEW JERSEY ADMINISTRATIVE CODE Copyright 2016 by the New Jersey Office of Administrative Law

Similar documents
NEW JERSEY ADMINISTRATIVE CODE Copyright 2016 by the New Jersey Office of Administrative Law

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 522

Each specialized docket is presided over by one of the six elected judges. The presiding judge may refer the specialized docket to a magistrate.

Assisted Outpatient Treatment (AOT): Summaries of Procedures & Services

2 of 29 DOCUMENTS. NEW JERSEY REGISTER Copyright 2015 by the New Jersey Office of Administrative Law. 47 N.J.R. 601(a)

N.J.A.C. 6A:1, BYLAWS FOR THE STATE BOARD OF EDUCATION TABLE OF CONTENTS

Florida Senate CS for SB 522. By the Committee on Children, Families, and Elder Affairs; and Senators Grimsley and Detert

NEW JERSEY REGISTER, MONDAY, OCTOBER 16, 2017 (CITE 49 N.J.R. 3409)

RULE PROPOSALS INTERESTED PERSONS

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

c t MENTAL HEALTH ACT

As Introduced. 132nd General Assembly Regular Session H. B. No

First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED. Bill Summary

CALIFORNIA JUVENILE COURT PROCESS FOR DELINQUENCY CASES

MISSOURI VICTIMS RIGHTS LAWS¹

IC Chapter 6. Parole and Discharge of Delinquent Offenders

WELFARE AND INSTITUTIONS CODE SECTION

Raise the Age Presentation: 2017 NYSAC Fall Seminar. September 21, 2017

No An act relating to jurisdiction of delinquency proceedings. (H.751) It is hereby enacted by the General Assembly of the State of Vermont:

CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT AMENDMENT BILL

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

SENATE, No. 881 STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

REVISOR XX/BR

- 79th Session (2017) Assembly Bill No. 440 Assemblyman Yeager

State Supported Living Centers Statewide Policy & Procedures

Information for Users of Mental Health Services

Referred to Committee on Health and Human Services. SUMMARY Revises provisions governing mental health. (BDR )

NC General Statutes - Chapter 15A Article 56 1

JUVENILE JUSTICE REFORM FIXES

ALABAMA VICTIMS RIGHTS LAWS1

CITY of ALBUQUERQUE SEVENTEENTH COUNCIL

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H 2 HOUSE BILL 725 Committee Substitute Favorable 6/12/13

"AN ACT RELATING TO THE COMMITMENT OF INSANITY ACQUITTEES; AND FOR OTHER PURPOSES." BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

Male Initial Custody Assessment Procedures

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Jul. 5, 2012, P.L. 880, No. 91 Cl. 18 Session of 2012 No.

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

Options of court at dispositional hearing. If in its decree the juvenile court finds that the child comes within the purview of this chapter,

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

Kansas Department for Children and Families

A male female. JOURNAL ENTRY OF ADJUDICATION AND SENTENCING Pursuant to K.S.A , and

GEORGIA DEPARTMENT OF CORRECTIONS Standard Operating Procedures

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 280. Short Title: Juvenile Justice Reinvestment Act. (Public)

ENGROSSED HOUSE BILL State of Washington 62nd Legislature 2011 Regular Session

CHAPTER 71 PAROLE. Juvenile inmate shall mean any person committed by the Family Court to a term of incarceration pursuant to N.J.S.A. 2A:4A-44.d(1).

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 399. Short Title: Young Offenders Rehabilitation Act. (Public)

JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) - OMNIBUS AMENDMENTS 25, 2008, P.L.

TITLE 5A. MILITARY AND VETERANS' AFFAIRS CHAPTER 7. DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE

A. Manner of [h]hearing. The court shall conduct the dispositional hearing in an [informal but] orderly manner.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 280 Committee Substitute Favorable 5/10/17

THE INS AND OUTS OF TYC INTAKE, PROCESSING, LENGTHS OF STAY, AND RELEASE DECISIONS NUTS AND BOLTS OF JUVENILE LAW JULY 2010

Division of Criminal Justice. Calendar Reference: See summary below for an explanation of the. exception to the calendar requirement.

Application for the Northampton County Treatment Continuum Alternative to Prison (TCAP)

Florida Senate SB 880

REVISOR ACF/EP A

HOUSE BILL No December 14, 2005, Introduced by Rep. Condino and referred to the Committee on Judiciary.

Department of Legislative Services Maryland General Assembly 2004 Session

JUVENILE MATTERS Attorney General Executive Directive Concerning the Handling of Juvenile Matters by Police and Prosecutors

The Revised Interstate Compact for Juveniles (ICJ) Guide. What is the purpose of the Revised Interstate Compact for Juveniles (ICJ)?

Form 341. , juvenile Case No. Year of Birth: A male female

IC Repealed (As added by P.L , SEC.244. Repealed by P.L , SEC.15.)

IC Chapter 16. Problem Solving Courts

ICJ RULES INTERSTATE COMMISSION FOR JUVENILES Serving Juveniles While Protecting Communities

STATE OF NEW JERSEY. SENATE, No SENATE LAW AND PUBLIC SAFETY COMMITTEE STATEMENT TO. with committee amendments DATED: MARCH 12, 2015

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

STATE BOARD OF EDUCATION ADMINISTRATIVE CODE COMMENT/RESPONSE FORM

77th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 2549

42 Pa.C.S. 9729, 9763, 9773 and Chapter 98.

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

Laura s Law (AB 1421) A Functional Outline

IC Chapter 6. Release From Imprisonment and Credit Time

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator M. TERESA RUIZ District 29 (Essex)

CHAPTER Committee Substitute for Senate Bill No. 1552

AMENDED ORDER GOVERNING THE MOVEMENT OF SELECTED INMATES INTO COMMUNITY CORRECTIONS PROGRAMS, OSCEOLA COUNTY

MEMORANDUM. TO: Senate Judiciary Committee FROM: Kansas Judicial Council DATE: January 30, 2008 RE: 2008 Senate Bill No.

TRUANCY REFORM & SCHOOL ATTENDANCE HB 2398

SECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}

Certain P erson s Retu rn in g from Military Service. Adopted: March 13, 2014 by the Civil Service Commission, Robert M. Czech,

STATE BOARD OF EDUCATION ADMINISTRATIVE CODE COMMENT/RESPONSE FORM

LITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS

Firearm Permit Requirements

2.3 Involuntary Commitment: Prehearing Procedures

ECO/TDO/Civil Commitment

FAILURE TO REGISTER AS A SEX OFFENDER (N.J.S.A. 2C:7-2a)

Session Law Creating the Minnesota Sentencing Guidelines Commission and Abolishing Parole, 1978 Minn. Laws ch. 723

MASSACHUSETTS SEX-OFFENDER REGISTRATION AND NOTIFICATION

IN THE MUNICIPAL COURT CUYAHOGA COUNTY, OHIO ) CASE NO. Defendant hereby ordered to have psychiatric evaluation with Dr. on at as follows (check one):

ASSEMBLY JUDICIARY COMMITTEE STATEMENT TO ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, No STATE OF NEW JERSEY DATED: MAY 19, 2005

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 630* Short Title: Revise IVC Laws to Improve Behavioral Health.

THE BRITISH COLUMBIA REVIEW BOARD AND VICTIM IMPACT STATEMENTS

HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING

The Family Court Process for Children Charged with Criminal and Status Offenses

PREVENTION OF AND TREATMENT FOR SUBSTANCE ABUSE BILL

Part 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level

STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT 42 Pa.C.S et seq.

Firearm Permit Requirements

the following definitions shall apply:

Department of Corrections

Transcription:

Page 1 1 of 10 DOCUMENTS Title 10, Chapter 42B -- CHAPTER AUTHORITY: N.J.S.A. 30:4-25.13 et seq. CHAPTER SOURCE AND EFFECTIVE DATE: R.2016 d.043, effective April 1, 2016. See: 47 N.J.R. 2657(a), 48 N.J.R. 713(b). N.J.A.C. 10:42B (2016) CHAPTER EXPIRATION DATE: Chapter 42B, Moderate Security Unit, expires on April 1, 2023. CHAPTER HISTORICAL NOTE: Chapter 42B, Moderate Security Unit, was adopted as new rules by R.2008 d.295, effective October 6, 2008. See: 40 N.J.R. 774(a), 40 N.J.R. 5803(a). In accordance with N.J.S.A. 52:14B-5.1b, Chapter 42B, Moderate Security Unit, was scheduled to expire on October 6, 2015. See: 43 N.J.R. 1203(a). Chapter 42B, Moderate Security Unit, was readopted as R.2016 d.043, effective April 1, 2016. See: Source and Effective Date. See, also, section annotations.

Page 2 2 of 10 DOCUMENTS 10:42B-1.1 Purpose SUBCHAPTER 1. GENERAL PROVISIONS N.J.A.C. 10:42B-1.1 (2016) Pursuant to N.J.S.A. 30:4-25.13 et seq., the purpose of this chapter is to establish a procedure for admission, retention and release of individuals in the Moderate Security Unit (MSU). The MSU is a treatment unit for men with developmental disabilities who have been convicted of a crime or who have engaged in criminal behavior, with therapeutic programs specializing in sex offender and arson-related treatment. It is a locked facility used as an alternative to incarceration in a State or county correctional facility. The purpose of this chapter is to establish a procedure for admission, retention and release of individuals in the MSU.

Page 3 3 of 10 DOCUMENTS SUBCHAPTER 1. GENERAL PROVISIONS N.J.A.C. 10:42B-1.2 (2016) 10:42B-1.2 Scope This chapter applies to all components of the Division.

Page 4 4 of 10 DOCUMENTS 10:42B-1.3 Definitions SUBCHAPTER 1. GENERAL PROVISIONS N.J.A.C. 10:42B-1.3 (2016) The following words and terms, when used in this chapter, shall have the meanings as defined below, unless the context clearly indicates otherwise. "Assistant Commissioner" means the Assistant Commissioner of the Division of Developmental Disabilities. "Division" means the Division of Developmental Disabilities. "Individual Habilitation Plan" (IHP) means a written, individualized habilitation plan, consistent with the requirements of N.J.S.A. 30:6D-10 through 12, developed with the individual and/or his or her legal guardian, and the IDT. "Interdisciplinary Team (IDT)" means a group that shall minimally consist of the individual receiving services, the plan coordinator, the legal guardian and/or the Division case manager. The IDT may include the parents or family member at the preference of the person served or guardian. In addition, members may include: advocates and friends, those persons who work most directly with the individual served, and professionals and representatives of service areas who are relevant to the identification of the individual's needs and preferences and the design and evaluation of programs to meet them. "Moderate Security Unit" (MSU) means a specialized institutional treatment facility authorized and established by the Assistant Commissioner of the Division, within the Department of Human Services, which is used as an alternative to detention in a correctional facility or 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. "Moderate Security Unit Admissions Review Committee" means a group of professionals who review all proposed court-ordered admissions to the MSU. The purpose of the review shall be to determine if the individual's offending behavior(s) can be addressed within the range of services at the MSU. Committee members consist of: 1. The Director of the MSU or his or her designee; 2. The MSU Coordinator; 3. A representative of the Administrative Practice Office; 4. A representative of the Regional Assistant Director from the referring region; and

N.J.A.C. 10:42B-1.3 Page 5 5. A representative of the Chief Executive Officer of the Developmental Center where the MSU is located. "Moderate Security Unit Coordinator" means the individual designated by the Assistant Commissioner of the Division to be the contact between the MSU staff, Central Office, the referring Division regional office and the court system. "Moderate Security Unit Director" means the individual who oversees the operations of the MSU.

Page 6 5 of 10 DOCUMENTS 10:42B-2.1 Admission to the MSU by court order SUBCHAPTER 2. ADMISSION TO THE MSU N.J.A.C. 10:42B-2.1 (2016) (a) An individual shall not be admitted to the MSU unless the admission is ordered by a court of competent jurisdiction pursuant to N.J.S.A. 30:4-25.14. (b) An individual shall not be permitted to voluntarily admit himself to the MSU.

Page 7 6 of 10 DOCUMENTS 10:42B-3.1 Procedures prior to admission to MSU SUBCHAPTER 3. PROCEDURES N.J.A.C. 10:42B-3.1 (2016) (a) The following procedures shall be implemented prior to admission of an individual to the MSU. 1. 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 N.J.A.C. 10:46. 2. If the Division determines that the individual is not eligible for services, the individual may appeal the ineligibility decision and request a hearing in the Office of Administrative Law in accordance with N.J.A.C. 10:48. The regional office shall advise the party making the referral to the MSU, in writing, and advise the court. 3. If the individual is determined eligible for Division services, or if the individual had been determined eligible for Division services prior to the filing of criminal charges, the Division shall request the MSU Director to determine whether the individual is appropriate for, and will benefit from, admission to the MSU and whether a vacancy exists. 4. The MSU Director will schedule a meeting with the MSU Admissions Committee to review the record to determine if the individual will benefit from the services of the MSU. The MSU Director and the Admissions Committee may determine that an individual may not benefit from the services at the MSU because the individual has a severe psychiatric disorder or a low level of functioning or lack of communication skills, which would preclude him from participating in individual or group counseling. 5. If the individual is appropriate for, and will benefit from, admission to the MSU and a vacancy exists, the MSU Director shall advise the court and request an order to require the individual to be housed at and participate in the program at the MSU. Since admission to the MSU can only be made by an order of the court, the MSU Director or the MSU Coordinator shall offer to assist the court in drafting the order to the MSU. 6. If the MSU Director is not certain about the appropriateness of the admission of the individual, the MSU Director may recommend to the court 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. If the charges are dropped or, for any other reason, the court does not sentence the individual, the court shall notify the MSU Director and the individual shall be released pursuant to the specific directions in the court order or in the absence of specific directions in the court order, the MSU shall begin the transition process for the release of the individual to a less restrictive setting.

N.J.A.C. 10:42B-3.1 Page 8

Page 9 7 of 10 DOCUMENTS SUBCHAPTER 4. ADMISSION TO THE MSU 10:42B-4.1 Action of the court for admission to the MSU N.J.A.C. 10:42B-4.1 (2016) (a) After the MSU Director advises the court that the individual may be admitted to the facility in accordance with the provisions in N.J.A.C. 10:42B-3.1, the court may order the individual be housed at and participate in the program at the MSU: 1. As a condition of probation; 2. Until disposition of pending criminal charges against the individual; or 3. Into the care and custody of the Commissioner of Human Services, in accordance with the provisions of N.J.S.A. 2C:4-6, if the court finds that the individual is unfit to proceed because it has been determined that he is unfit to stand trial. The Division will make every effort to restore the individual to competency to stand trial. Throughout this process, the individual's competency is periodically reviewed by a court of competent jurisdiction to determine if the individual shall remain a Class I commitment, pursuant to N.J.S.A. 30:4-25.1(b) or be treated as a voluntary recipient of Division services. When the court dismisses the charges, pursuant to N.J.S.A. 2C:4-6, the MSU shall begin the transition process for the release of the individual to a less restrictive setting. (b) The MSU Director shall notify the individual, legal guardian, his legal representative, if applicable, MSU Coordinator and the referring region of the date of admission to the MSU. (c) While the individual is in the MSU, the referring region shall keep the case open and shall be responsible to attend any IDT meetings.

Page 10 8 of 10 DOCUMENTS SUBCHAPTER 5. COURT REVIEWS 10:42B-5.1 Court review of orders and possible actions N.J.A.C. 10:42B-5.1 (2016) (a) The court shall review the order to admit an individual to the MSU at least every six months. The court shall notify the MSU Director of the date of the review at least 30 days prior to that date. (b) Seven days prior to the court review, the MSU Director shall report to the court, in writing, regarding the status and progress of the individual admitted to the MSU and also send a copy of the report to the individual or his legal guardian, legal representative, if applicable, the county prosecutor, attorney, the MSU Coordinator, the Division's Administrative Practice Office, regional case manager and any other person as ordered by the court. (c) In the case of an individual admitted to the MSU as a condition of probation, the MSU Director may, as he or she determines appropriate, recommend to the court, in his or her report, that the individual be transferred to a less restrictive environment. No move shall be made without a court order during probation. 1. The court may modify its order concerning probation in accordance with the recommendations of the MSU Director. 2. If the order is modified, the court can order any Division employee or service provider to provide reports to the court as directed.

Page 11 9 of 10 DOCUMENTS 10:42B-6.1 Provisions for the release from the MSU SUBCHAPTER 6. RELEASE FROM THE MSU N.J.A.C. 10:42B-6.1 (2016) (a) An individual shall be released from the MSU when his probation period ends, upon determination by the court that the individual has not violated the terms and conditions of his probation, or his commitment to the care and custody of the Commissioner of Human Services ends or upon disposition of pending criminal charges. (b) No less that six months before the individual's period of probation or commitment ends, the MSU Director shall advise the individual and/or legal guardian that he may request continued services from the Division after his release from the MSU. (c) Sixty days prior to the individual's release date, the MSU Director and the MSU Coordinator shall develop a plan of appropriate Division services to be provided or made available to the individual after his release from the MSU. 1. The Interdisciplinary Team shall prepare an IHP to aid in the transition in accordance with N.J.S.A. 30:6D-10 through 12. 2. The referring region of community services shall continue to be responsible to identify a community placement unless the individual's IHP provides a substantiated basis for requiring an alternative residential arrangement at the time of release. (d) If the individual is his own guardian and does not desire services from the Division, he shall be released once the terms of the court order have been fulfilled. He shall then be discharged from services by the Community Services Regional Office where he was initially admitted to services. (e) If the individual is his own guardian and does not desire services but staff from the MSU believes he would continue to benefit from Division services, the individual shall be asked to sign a release against professional advice. A representative of the Regional Assistant Director from the referring region shall meet with the individual and provide full information in a format and manner that is understandable to him, regarding the options available to him, including the right to receive services in the least restrictive setting, the right to refuse services and the right to appeal the decisions of the Division regarding his treatment and placement. (f) If the individual has a legal guardian, the legal guardian shall be advised of the individual's wish to leave. The Division will work with the legal guardian to discuss placements that are available and what services the Division can provide, within available resources.

N.J.A.C. 10:42B-6.1 Page 12 (g) Before an individual who has committed a sexually violent offense, as defined in N.J.S.A. 30:4-27.26, is released from the MSU, six months prior to the end of probation of commitment, the MSU Director shall require that the individual be evaluated by a psychiatrist for risk assessment and possible referral for commitment under the Sexually Violent Predator Law, N.J.S.A. 30:4-27.25. 1. If the evaluation determines that the individual is likely to re-offend, the MSU Director shall contact the Division's Administrative Practice Officer (APO). 2. The APO shall contact the Medical Director, Division of Mental Health and Addiction Services (DMHAS) to request a review by the Clinical Assessment Review Panel for commitment. 3. The Medical Director of the DMHAS shall advise the APO whether the individual shall be referred to the Attorney General's Office for commitment pursuant to N.J.S.A. 30:4-27.25. 4. If it is determined that the individual cannot be committed pursuant to the Sexually Violent Predator Law, he shall be released from the MSU in accordance with the provision of (a) through (f) above. (h) If the individual is required to register under Megan's Law and wishes to leave, he must provide an address where he will live to the local law enforcement authorities 10 days prior to his release. The Department of Human Services police shall be advised of the date of release in order to notify the county prosecutor. Staff of the MSU shall assist the individual with registering with the local police five days prior to his release. HISTORY: Amended by R.2016 d.043, effective May 2, 2016. See: 47 N.J.R. 2657(a), 48 N.J.R. 713(b). In (g)2, inserted "and Addiction"; and in (g)2 and (g)3, substituted "DMHAS" for "DMHS".

Page 13 10 of 10 DOCUMENTS SUBCHAPTER 7. COMMITMENT TO FUNCTIONAL SERVICES N.J.A.C. 10:42B-7.1 (2016) 10:42B-7.1 Commitment to the care and custody of the Commissioner of Human Services Nothing shall be construed to limit the authority of the court to commit an individual to the care and custody of the Commissioner of Human Services in accordance with the provisions of N.J.S.A. 30:4-25.1 for admission to functional services in an environment that is less restrictive than that of the MSU.