reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.21 - Transfer of patients

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.22 - Uniform detainer form

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.25 - Findings, declarations relative to sexually violent predators

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.29 - Court hearing

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.30 - Notice of court hearing

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.31 - Rights at court hearing

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.33 - Involuntary commitment of person lacking mental competence to stand trial

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.34 - Operation of facility for sexually violent predators; regulations

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.35 - Annual court review hearing

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.37 - Discharge plan

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-27.38 - Written notice of release

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.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-31 - Commitment of nonresidents

30:4-31. Commitment of nonresidents
A nonresident of this State may be committed to a mental hospital in this State in the same manner as residents may be admitted and committed.
Amended by L.1953, c. 29, p. 511, s. 11; L.1965, c. 59, s. 26.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-34 - County adjuster for commitment of persons with mental illness.

30:4-34 County adjuster for commitment of persons with mental illness.
30:4-34. In each county where county counsel, county solicitor, county clerk, county physician or county probation officer, or any of their assistants is in charge and supervision of the preparation of papers relating to the commitment of persons with mental illness, such person shall be known as "county adjuster" and such duties shall, except as otherwise provided in section 2 of P.L.1981, c.403 (C.30:4-34.1), continue to pertain to the office of such county counsel, county solicitor, county clerk, county physician or county probation officer or their successors in office, but, notwithstanding the foregoing, in case any other county official or employee shall be at the time of the adoption of this act, in charge and supervision of the preparation of papers relating to the commitment of persons with mental illness, the governing body of the county may designate that county official or employee as county adjuster. In all other counties the county governing body shall designate some county official or employee as county adjuster.
The county adjuster shall have charge and supervision of the preparation of papers relating to the commitment of persons with mental illness in such county, and in cases arising in other counties in which the legal settlement appears to be in his county. Classification under civil service rules shall not be affected by reason of such designation or additional duties, and additional compensation, if any, for such services may be fixed by the county governing body and paid in the same manner as other county employees are paid. Each county governing body shall notify the various institutions for persons with mental illness of the name and address of the county adjuster.
The judge of the Superior Court within the county may appoint the county adjuster to act as referee for the purpose of taking testimony bearing solely on the question of legal settlement and the financial ability of the person with mental illness or the parent of the person with mental illness, if the person is under the age of 18, to pay the cost of maintenance, in accordance with the provisions of R.S.30:4-60, and shall make return to the court of his findings, conclusions and recommendations. Such findings, conclusions and recommendations shall be subject to the approval of the court and shall not be effective until incorporated in an appropriate order or judgment of the court. The county adjuster, acting as such referee, may subpena witnesses and compel their attendance on forms approved by the court.
Amended 1953, c.29, s.12; 1954, c.167; 1965, c.59, s.28; 1981, c.403, s.1; 1995, c.155, s.9; 1998, c.92; 2005, c.55, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-34.1 - Tenure after 5 years of service

30:4-34.1. Tenure after 5 years of service
A person who holds the position of county adjuster by virtue of holding one of the offices under R.S. 30:4-34 and who has held the position of county adjuster continuously for 5 years or more shall continue to hold the position of county adjuster, notwithstanding he is serving in one of the offices under R.S. 30:4-34 for a fixed term or at the pleasure of the governing body of the county, during good behavior and efficiency and shall not be removed therefrom except for good cause.
L.1981, c. 403, s. 2, eff. Jan. 6, 1982.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-35 - County adjuster to file certificate of appointment with commissioner

30:4-35. County adjuster to file certificate of appointment with commissioner
Every county adjuster shall forthwith or within ten days after his appointment file with the commissioner a certificate showing date of his appointment and postoffice address properly authenticated by the clerk of the board of chosen freeholders.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-49 - Legal settlement in county; aliens

30:4-49. Legal settlement in county; aliens
30:4-49. Except as hereinafter provided, legal settlement in a county within the meaning of this article shall be continuous residence in such county for a period of not less than five years immediately preceding the date of application for admission or commitment, excluding the time, if any, spent by the patient in any charitable, or correctional institution or public hospital. An alien who has taken up his residence in any county in this State immediately upon arriving in this country, having had such county as his destination, and who shall have resided in such county for a period of at least three years immediately preceding the date of application for admission or commitment, shall be deemed to have a legal settlement in such county.
Amended 1965,c.59,s.36; 1995,c.155,s.10.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-49.1 - Settlement of married woman

30:4-49.1. Settlement of married woman
The settlement of a married woman shall be that of her husband except as otherwise herein provided:
(a) If her husband at the time of her marriage does not have settlement in any State, she shall retain her own settlement until her husband acquires one or until hers is lost;
(b) A widow or woman who is divorced or separated by judicial decree from her husband shall have the same settlement which she had at the time of the death of her husband or of her divorce or judicial separation, but may subsequently acquire a new settlement;
(c) After continuous separation from her husband and absence from the State for 1 year, a married woman's settlement shall be lost until such time as she and her husband voluntarily resume living together in which event her settlement will be that of her husband.
L.1965, c. 59, s. 37.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-49.2 - Settlement of minor born in wedlock

30:4-49.2. Settlement of minor born in wedlock
The settlement of a minor born in wedlock shall be that of his parents or surviving parent or in case of divorce or separation, of the parent having his custody. In the case of the death of the parent having custody, the settlement shall be that of the surviving parent. In case of the death of both parents or in case of permanent separation from his parents by court order or by surrender of custody by an instrument in writing in accordance with law, the settlement of such minor at the time of such death or separation shall continue until his majority unless he shall gain a separate settlement as hereinafter provided.
L.1965, c. 59, s. 38.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-49.3 - Settlement of minor born out of wedlock

30:4-49.3. Settlement of minor born out of wedlock
The settlement of a minor born out of wedlock shall be that of his mother; but such minor may acquire a separate settlement in the same manner as minors born in wedlock, as hereinafter provided.
L.1965, c. 59, s. 39.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-49.4 - Minors; capability of separate settlement

30:4-49.4. Minors; capability of separate settlement
A minor shall be deemed capable under the provisions of this act of acquiring a separate settlement, in the same manner as persons of full age, from the time he or she has complied with either of the following provisions:
(a) If a male, by marrying and living apart from parents;
(b) By residing separately and apart from his parents and being lawfully employed when wages are paid to such minor. This provision shall not apply in the case of a minor serving an apprenticeship or securing an education in a regularly organized training school or other educational institution, or where such minor is dependent in whole or in part upon his parent or guardian for support; except that if such minor resumes living with either of his parents, his settlement shall be the same as it was before his departure.
L.1965, c. 59, s. 40.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-49.5 - Settlement of child of widow, divorced woman or unmarried mother who gains new settlement by marriage

30:4-49.5. Settlement of child of widow, divorced woman or unmarried mother who gains new settlement by marriage
When a widow, divorced woman or unmarried mother gains a new settlement by marriage, if, at the time of such marriage her child is not in her custody and is receiving care at public expense, the settlement of such child shall not follow that of its mother until such time as the child has been returned to the custody of its mother and has remained in her care without receipt of public assistance for the period of 1 year.
L.1965, c. 59, s. 41.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-49.6 - Loss of settlement

30:4-49.6. Loss of settlement
Every person who has or shall have a separate legal settlement, not derived from that of another person, pursuant to the provisions of this act shall continue to have such legal settlement until he shall remove from this State and remain therefrom continuously for 1 year; except that absence from the State for 1 year or more because of service in the Armed Forces of the United States shall not result in loss of settlement providing the person was inducted into the service while residing in this State.
L.1965, c. 59, s. 42.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-50 - Continuance of settlement; abandonment

30:4-50. Continuance of settlement; abandonment
A patient who shall have acquired a legal settlement in any county shall retain his settlement until he shall have acquired a legal settlement in some other county; but such settlement shall be deemed to have been abandoned by residence without the state for a period of one year or more.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-51 - Legal settlement in State

30:4-51. Legal settlement in State
30:4-51. Legal settlement in this State, as distinguished from legal settlement in any political subdivision thereof, shall be continuous residence in the State for a period of at least one year immediately preceding the date of the application for admission or commitment, excluding the time, if any, spent by the patient in any charitable or correctional institution or public hospital.
Amended 1995,c.155,s.11.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-52 - State to bear costs of nonresident

30:4-52. State to bear costs of nonresident
30:4-52. Any patient not having lived in the State for at least one year prior to the application for admission or commitment to any institution for the care and treatment of the mentally ill or developmentally disabled in this State shall not be deemed to have a legal settlement in this State but shall be admitted or committed to one of the institutions owned by the State pending his removal to the place where he has a legal settlement, if any, and the cost and expense of care and treatment of such patient during such confinement, and his removal, when the cost of his removal is not otherwise provided for, shall be borne by the State.
Amended 1965,c.59,s.43; 1995,c.155,s.12.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-53 - Returning patient to proper residence

30:4-53. Returning patient to proper residence
Nothing in this title shall impair the right of the state, or any political subdivision to return a patient to a foreign country or to another state wherein he retains a legal settlement, and in all such cases no legal settlement shall be deemed to have been acquired within this state.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-54 - Legal settlement of inmates of foreign institutions

30:4-54. Legal settlement of inmates of foreign institutions
No person confined in any public institution outside of this state shall acquire a legal settlement in this state or in any county in this state by virtue of the establishment of a residence in this state of the husband, wife or parent or parents of the wife, husband or the minor child, as the case may be, of any person confined in any public institution outside of this state.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-55 - Bringing inmates of foreign institutions into state; misdemeanor

30:4-55. Bringing inmates of foreign institutions into state; misdemeanor
It shall be unlawful for any person, public official, corporation, association or institution to bring or send or cause to be brought or sent into this State an inmate of any public institution outside of this State for the purpose of placing such inmate in any public institution in this State, without first obtaining the written consent of the Department of Institutions and Agencies of this State in accordance with the terms of the Interstate Mental Health Compact, chapter 178 of the laws of 1956.
Any person, public official, corporation, association or institution or any officer or agent thereof who shall violate the provisions of this section shall be guilty of a misdemeanor.
Amended by L.1965, c. 59, s. 44.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-56 - Judgment of commitment; expense; filing fee.

30:4-56 Judgment of commitment; expense; filing fee.
30:4-56. The final judgment of commitment shall contain a determination of the legal settlement of the person with mental illness and shall provide for the payment of the expense of the care and treatment of the person. The judgment, together with the complaint or a certified copy thereof, shall be filed in the office of the clerk of the county, who shall forward within 10 days after receipt of same a certified copy of the judgment, and in all cases a certified copy of the complaint on which the judgment is founded, to the chief executive officer of the institution to which the person is committed.
In the case of a person with mental illness against whom a final judgment of commitment has been entered, the county adjuster shall, within a reasonable period of time after the person is discharged from a psychiatric facility, provide the person or the person's parent, if the person is under the age of 18, with notice of the amount required to be paid by the terms of the court order.
At the time of making the final judgment, the court shall further tax a filing fee of $1.00 to be paid to the clerk for the use of the county in each case, which fee shall be paid in all nonindigent cases by the person made chargeable in the judgment, and in all indigent cases by the county in which the action is had unless the indigent person is chargeable to another county in which case such other county shall be liable for the fee.
Amended 1953, c.29, s.23; 1965, c.59, s.45; 1995, c.155, s.13; 2005, c.55, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-57 - If no settlement in any county

30:4-57. If no settlement in any county
If the patient shall be found to be mentally ill and to have no legal settlement in any county in this State, the court may commit him to a mental hospital owned by the State.
Amended by L.1953, c. 29, p. 518, s. 24; L.1965, c. 59, s. 46.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-60a - Regulations concerning sliding scale fee and patient liability.

30:4-60a Regulations concerning sliding scale fee and patient liability.
10. The Department of Human Services shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) concerning the establishment of a sliding scale fee schedule and determination of patient liability to contribute to the cost of care and maintenance pursuant to R.S.30:4-60.
L.2005, c.55, s.10.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-60.1 - Transcript of evidence of indigency furnished institution

30:4-60.1. Transcript of evidence of indigency furnished institution
30:4-60.1. Upon the making of any order committing a person to a mental hospital supported in whole or in part from county, municipal or State funds, the county adjuster of the county in which the court making the order is located, shall forthwith deliver to the chief executive officer of the institution a transcript of the evidence presented to the court or a copy of the testimony taken by the county adjuster on behalf of the court relating to the question of indigency including a statement of the kind, value and location of the patient's estate, or, in the event that a relative of the patient is made chargeable with his support, a detailed statement of the financial means of such chargeable relative.
Amended 1965,c.59,s.50; 1995,c.155,s.16.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-60.2 - "Estate," "patient" defined

30:4-60.2. "Estate," "patient" defined
15. Notwithstanding any other provision of law to the contrary, whenever the term "estate" appears in any provision of Chapter 4 of Title 30 of the Revised Statutes for the purpose of describing the mechanism for satisfying or contributing to the costs of maintaining a patient, the term shall mean and include only those payments made directly to the State or county by the patient or his legally responsible relative, payments made on behalf of a deceased patient, payments made on behalf of the patient to the State or county in its capacity as a representative of the patient, or payments made on behalf of the patient to the State or county in its capacity as a representative of the patient and which would otherwise be due and payable directly to the patient. No other payments to the State, regardless of their source or the circumstances of their receipt, shall be considered to be a part of the patient's estate.
As used in this section, "patient" includes a person over the age of 18 who has been admitted to, but not discharged from, a short-term care or psychiatric facility and a developmentally disabled person of any age who is receiving functional services from the Division of Developmental Disabilities.
L.1995,c.155,s.15.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-63 - Commitment of person with mental illness, payment.

30:4-63 Commitment of person with mental illness, payment.
30:4-63. a. The court may, after final hearing, commit any person with mental illness to any State or county psychiatric institution irrespective of the person's legal settlement where provision is made for the person's care and maintenance, in an amount approved by the department or by the board of chosen freeholders, as the case may be. The person may remain as a full paying patient in such institution as long as such sum shall be regularly paid out of the estate of the person, or by the person or persons chargeable by law with the person's care and maintenance, or under contract. In the event that such sum cannot be paid because of a change in the financial circumstances of the person with mental illness or the person's legally responsible relatives then the court may make such order as may be necessary with regard to the manner and the amount of maintenance which shall be paid on behalf of the person with mental illness and by whom.
b. The Department of Human Services may admit a person found eligible for functional services from the Division of Developmental Disabilities to a residential functional services placement irrespective of the person's legal settlement if provision is made for the payment of the full cost of the person's care and maintenance, in an amount approved by the department. The person may remain as a full paying person in the residential functional services placement, or in another residential functional services placement deemed appropriate by the department, as long as the full per capita amount for the placement is regularly paid from the person's income, benefits, assets, resources, or estate, or by the person chargeable by law or under contract with the person's care and maintenance.
amended 1953, c.29, s.30; 1965, c.59, s.51; 1995, c.155, s.17; 2005, c.55, s.5; 2013, c.253, s.13.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-65 - Guardian of estate, bond, discharge

30:4-65. Guardian of estate, bond, discharge
30:4-65. Where, on final hearing, it appears that the patient is possessed of real or personal property and no arrangements have been made for the payment of his maintenance, and no action has been instituted for the appointment of a guardian of his estate, an action may be brought in the Superior Court of the county in which the proceeding for commitment is brought, and such court shall have power to appoint some competent person, resident of this State, guardian of the estate during such commitment.
A guardian so appointed shall conserve the estate for the purpose of maintaining the patient in the institution in which he may be lawfully confined, and is authorized to pay such maintenance under the direction of the Superior Court. He shall furnish a bond as guardian in double the amount of the estate, conditioned for the faithful performance of his duties as guardian. If the chief executive officer of the institution, or the county treasurer of the county in which the institution is located, is appointed guardian, he shall not be required to furnish bond and the Superior Court is authorized to make necessary directions for payment for maintenance. The guardian shall be discharged after accounting, without advertising, upon the death or discharge of the patient from confinement.
Amended 1953,c.29,s.31; 1991,c.91,s.314.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-66 - Liability for support.

30:4-66 Liability for support.
30:4-66. Every person supported in a State or county charitable institution or other residential functional service pursuant to section 13 of P.L.1965, c.59 (C.30:4-25.1) shall be personally liable for his maintenance and for all necessary expenses incurred by the institution or other residential functional service in his behalf and the father or mother of a child under 18 years of age, severally and respectively, being of sufficient ability, of every person so confined, whose estate is not sufficient for his support, shall support, and maintain the patient in the institution or other residential functional service, as the case may be, in such manner and to such an amount as the court shall direct pursuant to subsection c. of R.S.30:4-60 in the case of mentally ill patients, and in the case of developmentally disabled persons, as required pursuant to subsection b. of R.S.30:4-60. But no payment shall be ordered to be made by a chargeable relative 55 years of age or over except with respect to the maintenance of his or her natural or adopted child under the age of 18 years.
Amended 1953, c.29, s.32; 1969, c.258, s.2; 1975, c.1, s.3; 1979, c.401, s.3; 1995, c.155, s.18; 2001, c.208, s.1; 2005, c.55, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-67 - Rate for maintenance of patient

30:4-67. Rate for maintenance of patient
The rate of payment for the maintenance of a patient shall be fixed by the State Board of Control or the board of chosen freeholders or committee thereof, and such rate of maintenance established pursuant hereto shall be construed to be a reasonable charge for the patient's care and treatment and for necessaries advanced to the patient and the board or committee aforesaid shall not be limited in the fixing of such rate, heretofore or hereafter to be assessed, by the per capita cost of maintenance at the institution.
Amended by L.1939, c. 259, p. 675, s. 1; L.1965, c. 59, s. 52; L.1969, c. 258, s. 3, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-67.1 - Deposit, maintenance of funds; use of funds and interest.

30:4-67.1 Deposit, maintenance of funds; use of funds and interest.
1. The chief executive officer of any institution coming within the jurisdiction of the Department of Corrections or Human Services is hereby empowered to deposit and maintain the funds of any inmate or person receiving services from the Department of Human Services, as applicable, in a special fund for the use and benefit of the inmate or person, or for the payment of the inmate's or person's maintenance in the institution, as a court of competent jurisdiction may by order direct. A general ledger shall be maintained in the office of each institution which shall contain a separate account for each inmate or person and indicate the amount on deposit for the inmate or person.
Any interest paid by a bank or trust company wherein the fund is maintained may be utilized by the board of managers of the institution for the use, benefit, and general welfare of the inmate population as a whole or for the use, benefit, and general welfare of the person receiving services from the Department of Human Services, as applicable.
L.1938, c.380, s.2; amended 2017, c.164, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-68 - Patients unable to pay cost of hospitalization supported by county of legal settlement

30:4-68. Patients unable to pay cost of hospitalization supported by county of legal settlement
In all cases where a patient is found to have a legal settlement in any county in this State, and he and his legally responsible relatives are unable to pay the cost of his hospitalization, then the cost of his care and maintenance shall be borne by such county from the beginning of his confinement, as provided by law, except that part which may be collected on account of his board, as provided in section 30:4-60 of this Title.
Amended by L.1965, c. 59, s. 53.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-68.1 - Medicaid and Medicare eligible patients

30:4-68.1. Medicaid and Medicare eligible patients
In the case of Medicaid and Medicare eligible patients residing in the State psychiatric facilities, the maintenance costs to be paid by the counties shall be satisfied by federal Medicaid or Medicare Part A payments to the State. Should a State psychiatric facility lose its accreditation and subsequently not receive federal Medicaid and Medicare Part A payments, the counties shall not be liable for the maintenance of Medicaid or Medicare eligible county patients.
1980,c.8; amended 1990,c.73,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-68.2 - Monthly personal needs allowance, $35.

30:4-68.2. Monthly personal needs allowance, $35.
1. A patient admitted to a residential functional service by the Division of Developmental Disabilities or committed to a State or county psychiatric hospital who is not eligible for medical assistance under the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.), but who is a recipient of other State assistance, shall be entitled to a $35.00 monthly personal needs allowance.
L.1985,c.292,s.1; amended 1995,c.155,s.19.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-69 - Patients unable to pay cost of hospitalization supported by state

30:4-69. Patients unable to pay cost of hospitalization supported by state
The cost of care and maintenance of a patient, unable to pay the cost of his hospitalization, and found to have no legal settlement in any county of the State, from the beginning of his confinement, shall be borne by the State except as to the part that may be collected under section 30:4-60 of this Title.
Amended by L.1965, c. 59, s. 54.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-70 - Collection of arrearages; modification of order of commitment

30:4-70. Collection of arrearages; modification of order of commitment
When any patient shall be committed to any State or county institution with the cost of his maintenance chargeable to either the State or county, and it shall subsequently appear that such patient, or some person chargeable with his care and maintenance as provided for in this article, is able to pay all or any part of his care and maintenance, including arrearages, the Attorney General, the county counsel, or county adjuster, as the case may be, shall, as soon as he shall obtain such information, apply to the judicial officer for the reopening of the matter, and such judicial officer shall have the power at any time, in his discretion, to reopen the case, take additional testimony and inquire into the facts, and may determine if there shall be sufficient moneys to pay any part of such maintenance, as provided in section 30:4-60 of this Title, and make such further order requiring the estate of such patient or the person or persons so chargeable by law to pay such amount for the care and maintenance of such patient as shall be specified in such order, and shall make such further order as may be necessary.
Amended by L.1953, c. 29, p. 522, s. 33; L.1965, c. 59, s. 55; L.1969, c. 258, s. 4, eff. Jan. 4, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-71 - Change of status from contributing patient; change of rate of payment

30:4-71. Change of status from contributing patient; change of rate of payment
When any patient shall be committed to any State or county institution as a contributing patient and an order has been made directing the payment of all or part of the cost of the care and maintenance of such patient out of his estate, or by the person or persons chargeable by law with his care and maintenance, and such estate shall subsequently become exhausted or such person or persons chargeable as aforesaid shall become unable to continue such payments, or if such payments so due cannot be collected by the management of the institution, the guardian of such patient, or the person or persons chargeable as aforesaid, or the chief executive officer of such institution may apply in writing to the judicial officer for the reopening of the matter, and such judicial officer shall have power, in his discretion, upon notice to the proper parties, to inquire into the facts, if necessary, and change the status of such patient, and make such further order of directions as may be necessary.
When any patient shall have been or shall be committed to any State or county institution on an order directing the payment of part of the cost of the care and maintenance of such patient out of his estate or by the person or persons chargeable by law with his care and maintenance, it shall be lawful for the judicial officer, upon application of the management of the institution or the Attorney General or county counsel, as the case may be, upon notice to the representative of the estate or to the person or persons chargeable by law with his care and maintenance, upon proof of the ability of the estate of such patient or such person or persons legally liable, to pay the whole or greater portion of the cost of such care and maintenance, not exceeding the per capita cost of maintenance in such institution, to enter an order directing that such new rate be paid by such estate or by such person or persons chargeable by law with the care and maintenance of such patient.
Amended by L.1953, c. 29, p. 522, s. 34; L.1965, c. 59, s. 56; L.1969, c. 258, s. 5, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-72 - Notice of change of status

30:4-72. Notice of change of status
No order changing the status of a patient from full payment of the cost of maintenance to county or State charge shall be made without at least 10 days' notice of the application for such order to the county to be charged with the support of the patient, or to the State, as the case may be.
Amended by L.1965, c. 59, s. 57.