reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:3-11 - Preparation of plans and award of contracts before appropriations available; expense; construction expenses

30:3-11. Preparation of plans and award of contracts before appropriations available; expense; construction expenses
Whenever and after any appropriation is made for constructing, reconstructing, developing, extending or equipping any state institution or its appurtenances within the jurisdiction of the state board, such board may prepare plans and specifications, advertise for bids and enter into contracts before the funds are made available for such appropriation either by tax levy, bond issue or otherwise.
The state board may pay for the cost of preparing plans and specifications and of advertising and awarding such contracts and the custodians of the state institutional construction fund may authorize the comptroller to withdraw temporarily from such fund or from the emergency fund sufficient moneys to pay any such necessary expenses before funds are received and become available to meet the appropriations. Moneys so expended shall be replaced immediately out of the appropriation funds when received.
No payment shall be made for the constructing, reconstructing, developing, extending or equipping such institutions or their appurtenances before the funds necessary to meet such appropriations have been collected and made available for such payments in accordance with the provisions of the appropriations, or in case of a bond issue, before the bonds are sold. In case of the sale of bonds, an agreement may be entered into with the purchaser to deliver the bonds in blocks or sufficient numbers, the proceeds of which will finance and pay the cost of construction as it proceeds.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3 - Institutional officers and employees

30:4-3. Institutional officers and employees
Unless and until otherwise provided by the commissioner by rule, regulation or order formally adopted, each board of trustees may determine the number, qualifications, powers and duties of the officers and employees of its respective institution or agency, and their compensation except as the same is fixed by statute or otherwise determinable by law. The commissioner, with the approval of the Board of Trustees, shall appoint the chief executive officer of each institution or agency in his charge, and determine his official title. The chief executive officer shall appoint, with the approval of the commissioner, all officers and employees of the institution or agency.
Amended by L.1962, c. 65, s. 5; L.1971, c. 384, s. 17, eff. Jan. 5, 1972.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.1 - Residency requirement

30:4-3.1. Residency requirement
Notwithstanding any provision of law relating to required residence for State employees in Title 11 of the Revised Statutes, the appointing authority of any State correctional facility located in a municipality with a population of more than, 84,000, but less than 90,000, according to the latest federal decennial census, shall appoint to positions of employment with the facility only residents of the municipality in which the facility is located, provided that:
a. The municipality, on the effective date of this act, is operating under the provisions of P.L.1947, c. 151 (C. 52:27BB-1 et seq.);
b. The residents permanently appointed possess at least the minimum qualifications required by Civil Service specifications for the available positions, have lived in the municipality for at least 6 months and have complied with other requirements of Title 11 of the Revised Statutes; and
c. A sufficient number of qualified residents exists for permanent appointment to available positions.
L.1982, c. 44, s. 1, eff. June 29, 1982.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.2 - Working test period and job training program

30:4-3.2. Working test period and job training program
The appointing authority shall establish a working test period and job training program for all persons to be appointed under the provisions of this act. The working test period and job training program shall conform to the criteria and standards utilized by the Department of Civil Service and shall be designed to provide at least the minimum qualifications required by Civil Service specifications for the available positions.
L.1982, c. 44, s. 2, eff. June 29, 1982.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.3 - Qualified residents; insufficient number

30:4-3.3. Qualified residents; insufficient number
If the appointing authority of such a State correctional institution determines, after ample advertising, that an insufficient number of qualified residents exists for available positions, the appointing authority shall take such action as is necessary pursuant to Title 11 of the Revised Statutes to fill those positions.
L.1982, c. 44, s. 3, eff. June 29, 1982.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.4 - Definitions

30:4-3.4. Definitions
As used in this act:
a. "Employee" means any individual 18 years of age or older who is employed at a facility and works at the facility for the equivalent of at least one seven hour day per week. Employee includes but is not limited to the facility's director or principal administrator, teaching, social service, dietary, clerical and maintenance staff and the driver of a motor vehicle used to transport persons to and from the facility.
b. "Facility" means a State institution or facility for the mentally ill or the developmentally disabled.
P.L. 1988, c. 45, s. 1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.6 - Fingerprinting

30:4-3.6. Fingerprinting
An applicant for employment or a current employee shall submit to the Commissioner of Human Services his name, address and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency. The commissioner is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. No criminal history record check shall be performed pursuant to this act unless the applicant shall have furnished his written consent to the check.
P.L. 1988, c. 45, s. 3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.7 - Written notice; hearing

30:4-3.7. Written notice; hearing
4. a. Upon receipt of an applicant or employee's criminal history record information from the Federal Bureau of Investigation or the Division of State Police, as applicable, the commissioner shall notify the applicant or employee, in writing, of the applicant's or employee's qualification or disqualification for employment under this act. If the applicant or employee is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice.
b. The applicant or employee shall have 30 days from the date of written notice of disqualification to petition the commissioner for a hearing on the accuracy of the criminal history record information or to establish his rehabilitation under subsection b. of section 2 of this act. The commissioner may refer any case arising hereunder to the Office of Administrative Law for administrative proceedings pursuant to P.L.1978, c.67 (C.52:14F-1 et al.).
c. The commissioner shall not maintain any individual's criminal history record information or evidence of rehabilitation submitted under this section for more than six months from the date of a final determination by the commissioner as to the individual's qualification or disqualification to be an employee pursuant to this act.
d. The Commissioner of Human Services shall initiate a criminal history record background check on all current employees no later than 120 days after the effective date of this act.
L.1988,c.45,s.4; amended 1993,c.1,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.8 - Report

30:4-3.8. Report
The Commissioner of Human Services shall report to the Governor and the Legislature no later than three years from the effective date of this act on the effectiveness of the criminal history record background checks in screening out prospective or current employees of facilities who have criminal history records which render them unfit for employment. The commissioner shall include in the report any recommendations for modifying the provisions of this act.
P.L. 1988, c. 45, s. 5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.9 - Rules, regulations

30:4-3.9. Rules, regulations
In accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations necessary to implement the provisions of this act.
P.L. 1988, c. 45, s. 6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.10 - Cost-bearing by Department of Human Services

30:4-3.10. Cost-bearing by Department of Human Services
The Department of Human Services shall assume the cost of all criminal history record background checks conducted on current and prospective employees.
P.L. 1988, c. 45, s. 7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.11 - Requirements for corrections officer

30:4-3.11. Requirements for corrections officer
1. A person shall not be appointed as a correctional police officer of any correctional institution assigned, maintained, or operated by the Department of Corrections unless that person:
a. is a citizen of the United States;
b. is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
c. is sound in body and of good health;
d. is of good moral character; and
e. has not been convicted of any offense which would make the person unfit to perform the duties of the office as evidenced by a criminal history record background check.
L.1991,c.110,s.1; amended 2021, c.305, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.11a - Applicability of "45-day" rule for violation of internal rules to State corrections officers.

30:4-3.11a Applicability of "45-day" rule for violation of internal rules to State corrections officers.
5. A person shall not be removed from employment or a position as a State corrections officer, or suspended, fined or reduced in rank for a violation of the internal rules and regulations established for the conduct of employees of the Department of Corrections, unless a complaint charging a violation of those rules and regulations is filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. A failure to comply with this section shall require a dismissal of the complaint. The 45-day time limit shall not apply if an investigation of a State corrections officer for a violation of the internal rules and regulations of the Department of Corrections is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this State; the 45-day limit shall begin on the day after the disposition of the criminal investigation. The 45-day requirement in this section for the filing of a complaint against a State corrections officer shall not apply to a filing of a complaint by a private individual.
L.2006, c.54, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.12 - Definitions relative to employees of State psychiatric hospitals.

30:4-3.12. Definitions relative to employees of State psychiatric hospitals.
1. For the purposes of this act:
"Clinical treatment staff" means a physician, psychiatrist, psychologist, physical therapist or social worker licensed pursuant to Title 45 of the Revised Statutes, an occupational, recreation, art or music therapist or a substance use disorder counselor.
"Immediate family member" includes the staff member's spouse and children, the staff member's siblings and parents, the staff member's spouse's siblings and parents and the spouses of the staff member's children.
"Nursing direct care staff" means a Human Services Assistant, Human Services Technician, or a nurse licensed pursuant to Title 45 of the Revised Statutes.
L.1997, c.69, s.1; amended 2023, c.177, s.92.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.13 - Staff member not to supervise immediate family member.

30:4-3.13. Staff member not to supervise immediate family member.
2. A clinical treatment staff or nursing direct care staff member of a State psychiatric hospital listed in R.S.30:1-7 shall not have direct supervisory responsibilities over any immediate family member.
L.1997,c.69,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.14 - Notification of outside employment of staff member.

30:4-3.14. Notification of outside employment of staff member.
3. A clinical treatment staff or nursing direct care staff member of a State psychiatric hospital listed in R.S.30:1-7 shall promptly notify the chief executive officer of the hospital if the staff member also is employed outside of the State psychiatric hospital. The notification shall include the name of the employer and the number of hours per day or week, as applicable, that the staff member is so employed. The information shall be updated at least annually, but as often as necessary to reflect any change in outside employment. The notification to the chief executive officer shall be confidential, and the information shall only be used for the purpose of ensuring that the outside employment does not create a conflict or interfere with the staff member's duties and responsibilities at the State psychiatric hospital.
Subject to the provisions of Title 11A of the New Jersey Statutes, if a staff member fails to notify the chief executive officer as required in this section, the staff member shall be subject to salary and promotion limitations or demotion, and in the case of deliberate noncompliance with the notification requirement, removal from employment.
L.1997,c.69,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.15 - Definitions relative to reporting patient abuse, professional misconduct.

30:4-3.15. Definitions relative to reporting patient abuse, professional misconduct.
1. For the purposes of this act:
"Clinical treatment staff" means a physician, psychiatrist, psychologist, physical therapist or social worker licensed pursuant to Title 45 of the Revised Statutes, an occupational, recreation, art or music therapist or a substance use disorder counselor.
"Employee" means a person employed by the State to work at a State psychiatric hospital or a person employed by a private entity under contract with the State to provide contracted services at a State psychiatric hospital.
"Nursing direct care staff" means a Human Services Assistant, Human Services Technician, or a nurse licensed pursuant to Title 45 of the Revised Statutes.
"State psychiatric hospital" means a psychiatric hospital listed in R.S.30:1-7.
L.1997, c.70, s.1; amended 2023, c.177, s.93.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.16 - Report of abuse of patient.

30:4-3.16. Report of abuse of patient.
2. a. Any employee of a State psychiatric hospital, who, as a result of information obtained in the course of his employment, has reasonable cause to suspect or believe that a patient is being or has been abused by any other employee of the hospital, by another patient in the hospital or by any other person, shall report the information in a timely manner to the person designated by the Commissioner of Human Services pursuant to this act to receive the report.
b. Any other person having reasonable cause to suspect or believe that a patient is being or has been abused may report the information to the person designated by the Commissioner of Human Services pursuant to this act to receive the report.
c. The report shall contain the name of the patient, the name of the psychiatric hospital and the unit to which the patient is assigned, if known, information regarding the nature of the suspected abuse and any other information which might be helpful in an investigation of the case and the protection of the patient.
L.1997,c.70,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.17 - Report of professional misconduct.

30:4-3.17. Report of professional misconduct.
3. Any employee of a State psychiatric hospital who, as a result of information obtained in the course of his employment, has reasonable cause to suspect or believe that a clinical treatment staff or nursing direct care staff member working at the hospital has or is engaging in professional misconduct shall report the information to the person designated by the Commissioner of Human Services pursuant to this act to receive the report.
The report shall contain the name of the staff member, the name of the psychiatric hospital and the unit to which the staff member is assigned, information regarding the nature of the suspected professional misconduct and any other information which might be helpful in an investigation of the case.
L.1997,c.70,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.19 - Disclosure of name of person reporting patient abuse, professional misconduct; prohibited; immunity

30:4-3.19. Disclosure of name of person reporting patient abuse, professional misconduct; prohibited; immunity
5. a. The name of any person who reports suspected patient abuse or professional misconduct pursuant to this act shall not be disclosed, unless the person who reported the abuse or misconduct specifically requests the disclosure or a judicial proceeding results from the report.
b. A person who reports suspected abuse or professional misconduct pursuant to this act or who testifies in any administrative or judicial proceeding arising from the report or testimony shall have immunity from any civil or criminal liability on account of the report or testimony, unless the person has acted in bad faith or with malicious purpose.
L.1997,c.70,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.20 - Failure to report, penalty

30:4-3.20. Failure to report, penalty
6. Any person required to report suspected patient abuse or professional misconduct pursuant to this act who fails to make the report shall be liable to a penalty of not more than $5,000, after that person has completed the abuse prevention program pursuant to paragraph (2) of subsection c. of section 2 of P.L. , c. (C. )(pending before the Legislature as Senate Bill No. 1543 or Assembly Bill No. 2427 of 1996. The penalty shall be collected and enforced pursuant to Title 11A of the New Jersey Statutes. Each violation of this act shall constitute a separate offense.
L.1997,c.70,s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.21 - Regulations

30:4-3.21. Regulations
7. The Commissioner of Human Services shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of this act.
L.1997,c.70,s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.22 - State psychiatric hospital to conduct public meetings.

30:4-3.22 State psychiatric hospital to conduct public meetings.
3. Each State psychiatric hospital shall, at least annually, conduct a public meeting to discuss issues relating to the operation of the hospital and concerns of the community with respect to the delivery of services at the hospital.
a. The hospital shall ensure that:
(1) the meeting is conducted in accordance with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.);
(2) at a minimum, the chief executive officer of the hospital or his designee, the chairman of the hospital board of trustees, the Assistant Commissioner of the Division of Mental Health Services in the Department of Human Services or his designee, and at least 25% of the members of the hospital board of trustees are present at the meeting and available to respond to questions from members of the public;
(3) the meeting is open to members of the public and organized so as to provide the community served by the hospital with information about the operation of the hospital, and to provide an opportunity for members of the public to ask questions and raise issues of concern to them; and
(4) public notice of the meeting is provided in accordance with the provisions of this subsection, which shall be deemed to comply with the notice requirements of P.L.1975, c.231, at least 14 days prior to the date of the meeting by posting written notice in the hospital in a conspicuous location that is available to the public, and by publishing the notice in a daily or weekly newspaper of general circulation in the service area of the hospital.
b. The Department of Human Services shall post the notice of the hospital's annual public meeting on the department website at least 30 days prior to the date of the meeting.
L.2008, c.59, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.23 - Definitions relative to State psychiatric hospitals.

30:4-3.23 Definitions relative to State psychiatric hospitals.
1. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"Department" means the Department of Human Services.
"Major injury" means an injury that requires treatment that can only be performed at a general or special hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and may include admission to the hospital for additional treatment or observation.
"Moderate injury" means an injury that requires treatment beyond basic first aid that can only be performed by a health care professional at the office of a physician, at a hospital emergency room, or by a physician at a State psychiatric hospital.
"Physical assault" means an act upon a person that results in a major or moderate injury that occurs at a State psychiatric hospital.
"State psychiatric hospital" means a psychiatric hospital listed in R.S.30:1-7.
"Unexpected death" means a death that was not medically anticipated, including, but not limited to suicide, homicide or unanticipated death due to an unforeseen medical complication or other circumstance.
L.2009, c.161, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.24 - Reporting system for physical assaults, unexpected deaths at State psychiatric hospitals.

30:4-3.24 Reporting system for physical assaults, unexpected deaths at State psychiatric hospitals.
2. a. The department shall establish a reporting system for compiling information about physical assaults and unexpected deaths that occur at State psychiatric hospitals, and shall summarize the information in a report which, at a minimum, shall separately identify for each State psychiatric hospital:
(1) the number of major and moderate injuries among patients;
(2) the number of major and moderate injuries between patients and staff members; and
(3) the number of unexpected deaths.
b. The report prepared pursuant to this section shall not contain any identifying information about a patient or staff member.
c. The report shall be considered a public or government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.), and shall be posted on the official website of the department and updated quarterly.
L.2009, c.161, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.25 - Notification relative to certain deaths.

30:4-3.25 Notification relative to certain deaths.
3. The department shall notify the Division of Mental Health Advocacy in the Office of the Public Defender within 24 hours after an unexpected death occurs at a State psychiatric hospital and shall promptly notify the Division of Mental Health Advocacy of any death of which the department has knowledge that occurs within seven days after a patient was discharged from a State psychiatric hospital.
L.2009, c.161, s.3; amended 2010, c.34, s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-3.26 - Rules, regulations.

30:4-3.26 Rules, regulations.
4. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to effectuate the purposes of this act.
L.2009, c.161, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-4 - Management and authority vested in chief executive officers

30:4-4. Management and authority vested in chief executive officers
Subject to the supervision of the commissioner, the management of the several institutions and noninstitutional agencies shall be vested in the chief executive officer thereof who shall be responsible to the commissioner for their efficient, economical and scientific operation.
Amended by L.1971, c. 384, s. 19, eff. Jan. 5, 1972.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-4a - Reference to board of managers as reference to chief executive officer

30:4-4a. Reference to board of managers as reference to chief executive officer
Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the board of managers of any institution, the same shall mean and refer to the chief executive officer of the institution.
L.1971, c. 384, s. 25, eff. Jan. 5, 1972. Amended by L.1972, c. 57, s. 3, eff. June 6, 1972; L.1979, c. 441, s. 26, eff. Feb. 21, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-4.1 - Requirements for internship in public hospital

30:4-4.1. Requirements for internship in public hospital
No hospital licensed by this State or operated by the State, a county or a municipality and which receives funds pursuant to the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c. 413 (C. 30:4D-1 et seq.) shall require an individual as a condition to serving an internship in such hospital to take an examination other than an examination which may be required by rules and regulations of the State Board of Medical Examiners.
L.1971, c. 112, s. 1, eff. April 22, 1971.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-5 - Responsibility of executive officer

30:4-5. Responsibility of executive officer
The chief executive officer of each institution or agency shall be its executive and administrative officer and subject to the rules and regulations adopted by the board of managers shall be responsible to the board for the proper conduct and management of the institution or agency, the physical condition of the property, the proper use of the plant and equipment, the conduct of all employees appointed by him and the care and treatment of the inmates.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-6 - Duties of chief executive officer.

30:4-6 Duties of chief executive officer.
30:4-6. The principal keeper of the State prison and the chief executive officer of each of the other correctional institutions shall receive from the hands of the sheriff or other proper officer every person sentenced to imprisonment in his institution and safely keep him therein according to law and the rules and regulations of the institution until lawfully discharged therefrom.
The chief executive officer of each institution for persons with developmental disabilities or mental illness, and of each correctional institution shall have the custody and control of every person admitted to his institution until properly discharged.
amended 1965, c.59, s.6; 2010, c.50, s.29.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-6.1 - Prosecutor notified by institution or parole board of inmate release; process.

30:4-6.1. Prosecutor notified by institution or parole board of inmate release; process.
3. a. The chief executive officer of the institution in which an inmate is confined shall notify the prosecutor of the release of an inmate, unless the inmate is released on parole, in which case the State Parole Board shall notify the prosecutor of the release. The notification shall occur as follows:
(1) Written notification shall be provided 90 days before the inmate's anticipated release whenever possible, but in no event fewer than 30 days before release if such release is due to the expiration of the inmate's maximum term or is authorized by the State Parole Board or order of the Governor upon commutation of a sentence of incarceration;
(2) Immediate telephone notification shall be provided whenever possible, followed by written notification within 48 hours, of pre-trial release, escape from custody or return to custody following an escape of a defendant detained or incarcerated in a county or State penal institution, including the Adult Diagnostic and Treatment Center; and
(3) Advance written notification shall be provided whenever possible of any other release of an inmate from custody, including placement in an Intensive Supervision Program or other alternative disposition. If advance notification is not provided, notification shall be provided within 48 hours following release. All notice provided pursuant to this section shall include the inmate's name, identifying information, and anticipated residence.
L.1994,c.131,s.3; amended 2001, c.79, s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7 - Hospitalization of inmates

30:4-7 Hospitalization of inmates
30:4-7. Hospitalization of inmates.
The Commissioner of the Department of Corrections shall have power to place any inmate in any hospital in the State for such medical or surgical treatment as may be necessary, which cannot properly and adequately be rendered within the institution.
Amended 1995,c.254,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.1 - Provision for health, safety, and welfare of patients who are incapacitated, residents.

30:4-7.1 Provision for health, safety, and welfare of patients who are incapacitated, residents.
1. It is hereby declared to be the public policy of this State to make maximum provision for the health, safety, and welfare of patients who are incapacitated and residents in State and county institutions for persons with mental illness and persons with developmental disabilities, for persons with developmental disabilities who are residents in community-based alternate living arrangements in the State or in private facilities both in and outside the State, and for inmates under age 18 in State and county penal and correctional institutions, by permitting the chief executive officer of the institution or the regional administrator of a Division of Developmental Disabilities community services region to consent to the utilization of appropriate medical, psychiatric, surgical, and dental treatment for the patients, inmates, and residents where prescribed by a licensed physician or dentist as provided for herein.
L.1969, c.181, s.1; amended 1997, c.208, s.1; 2013, c.103, s.77.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.2 - Consent for treatment for certain patients, inmates, residents or juveniles.

30:4-7.2 Consent for treatment for certain patients, inmates, residents or juveniles.
2. The chief executive officer of a State or county psychiatric hospital or developmental center, a State or county penal or correctional institution, or a juvenile facility or detention center, or the regional administrator of a Division of Developmental Disabilities community services region is hereby authorized to give consent for medical, psychiatric, surgical, or dental treatment to patients who lack mental capacity, inmates, or juveniles under age 18, or residents, hospitalized, confined, or placed by the Division of Developmental Disabilities in community-based alternate living arrangements in the State or in private facilities both in and outside the State, under circumstances where it appears that:
a. The patients, inmates, juveniles, or residents, because of mental incapacity or nonage, are legally prevented from giving consent to the treatment; and
b. Either:
(1) there is no parent or guardian known to the officer or administrator, after reasonable inquiry, who has the mental capacity to give consent for the treatment of patients, inmates under the age of 18, or residents; or
(2) where a parent or guardian, after reasonable notice of the proposed treatment and a request for consent, and prior to the date fixed in the notice for the rendering of the treatment, refuses or neglects to execute and submit to the officer or administrator a writing expressing either the grant or denial of the consent; and
c. Where a licensed physician, psychiatrist, surgeon, or dentist certifies that the treatment to be performed is essential and beneficial to the general health and welfare of the patient, inmate, or resident, or will improve the opportunity for recovery or prolong or save the person's life.
L.1969, c.181, s.2; amended 1995, c.280, s.31; 1997, c.208, s.2; 2013, c.103, s.78.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.3 - Authority to consent to emergency treatment.

30:4-7.3 Authority to consent to emergency treatment.
3. In a case certified by a licensed physician, surgeon, psychiatrist or dentist to be one of grave emergency and to require immediate surgical intervention or other treatment in order to prevent the death of, or serious consequences to such patient, inmate or resident, the chief executive officer or regional administrator is hereby authorized to consent to such medical, psychiatric, surgical or dental treatment to such patient, inmate or resident as recommended and prescribed by such certification.
L.1969,c.181,s.3; amended 1997, c.208, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.4 - Notice of required treatment to parent, guardian.

30:4-7.4 Notice of required treatment to parent, guardian.
4. Notice of required treatment shall be given to a parent or guardian of such patient, inmate, juvenile or resident by certified mail to the last known address with a request for consent, and such notice shall contain sufficient information to indicate the precise nature of the illness and the proposed treatment and the date same will be performed, and shall be sent at least 10 days in advance of the date recommended for such treatment unless the case is one certified to be emergent, as provided hereinabove, in which case the parent or guardian shall be given the maximum advance notice possible under the circumstances. For the purposes of this act, such notice shall be deemed reasonable notice.
L.1969,c.181,s.4; amended 1995, c.280, s.32; 1997, c.208, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.5 - Exemption from personal liability for chief executive officer, regional administrator.

30:4-7.5 Exemption from personal liability for chief executive officer, regional administrator.
5. Under all of the foregoing circumstances, the chief executive officer or regional administrator, granting such consent in the exercise of his discretion, upon the recommendation contained in the medical, psychiatric, surgical or dental certification, shall be exempt from personal liability in the performance of such public duty.
L.1969,c.181,s.5; amended 1997, c.208, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.6 - Construction of act relative to healing by prayer.

30:4-7.6 Construction of act relative to healing by prayer.
6. Nothing herein shall be so construed as to give authority to the chief executive officer of any institution or the regional administrator of a Division of Developmental Disabilities community services region to supervise, regulate or control the remedial care or treatment of individual patients, inmates or residents who are adherents of any well recognized church or religious denomination which subscribes to the art of healing by prayer and the principles of which are opposed to medical treatment.
L.1969,c.181,s.6; amended 1997, c.208, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.7 - Definitions relative to testing of blood of patients at State psychiatric facilities.

30:4-7.7 Definitions relative to testing of blood of patients at State psychiatric facilities.
1. As used in this act:
a. "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
b. "HIV infection" means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
L.1997,c.361,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.8 - Blood testing required upon admission; information; guidelines for treatment.

30:4-7.8 Blood testing required upon admission; information; guidelines for treatment.
2. a. An adult patient who is admitted for treatment at a State psychiatric hospital shall be required, upon admission, to submit to blood testing for hepatitis B, hepatitis C, and sexually transmitted diseases, as determined by the Commissioner of Human Services. The guardian, or the patient at a time appropriate to the patient's psychiatric condition, shall be provided with information and counseling regarding the benefits of being tested for HIV infection. The guardian, or patient, shall then be presented with the option of HIV testing.
b. The Commissioner of Human Services shall develop guidelines for the treatment and confinement of a patient who tests positive to any disease specified in subsection a. of this section, in consultation with the Commissioner of Health and Senior Services, and in accordance with recommended protocols established by the Centers for Disease Control and Prevention of the United States Public Health Services.
c. All employees at a State psychiatric hospital shall be trained to use universal precautions to avoid infection with any sexually transmitted disease, hepatitis B or hepatitis C.
L.1997,c.361,s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.9 - Rules, regulations.

30:4-7.9 Rules, regulations.
3. Subject to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt all rules and regulations necessary to effectuate the purposes of this act.
L.1997,c.361,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-7.10 - Actions to ensure compliance.

30:4-7.10 Actions to ensure compliance.
13. The Commissioner of Human Services may take such actions to ensure compliance with the provisions of sections 1 through 11 of P.L.2011, c.145 (C.26:2H-129 et seq.) by any State or county psychiatric facility or State developmental center as the commissioner deems necessary and within his statutory authority to effectuate the purposes of that act.
L.2011, c.145, s.13.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8 - Isolation or quarantine of inmates having communicable disease

30:4-8. Isolation or quarantine of inmates having communicable disease
Each board of managers shall have power, in case of the existence of any contagious or infectious disease, to establish such quarantine regulations as they may deem necessary and may provide for the isolation of inmates suffering from such disease, either within or without the institution in an isolation camp, or in a hospital for the care and treatment of such diseases, with power either to pay the expenses of establishing and maintaining the quarantine and isolation camp, or to pay for the board and treatment of the inmates in a regularly established hospital. The custody of all inmates in any hospital or quarantine camp shall remain in the chief executive officer of the institution of which such persons are inmates. No inmate shall be placed in any hospital outside the limits of the institution without the approval of the commissioner first had and obtained.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.1 - Attendance of prisoners at bedside or funeral of dying or deceased relative

30:4-8.1. Attendance of prisoners at bedside or funeral of dying or deceased relative
The principal keeper of the State Prison and the chief executive officer of any penal or correctional institution under the jurisdiction of the State Board of Control of Institutions and Agencies may in his discretion, and in conformity with the rules and regulations of the State Board, authorize and permit the attendance of a prisoner or inmate at the bedside or funeral of a dying or deceased relative. A relative shall be deemed to mean and include the father, mother, husband, wife, child, brother or sister of the prisoner or inmate. Any such prisoner or inmate shall at all times be in actual custody of one or more officers or employees of the institution wherein he is confined and shall not be permitted to go without the territorial limits of the State.
L.1948, c. 414, p. 1633, s. 1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.2 - Rules and regulations concerning attendance at bedside or funeral

30:4-8.2. Rules and regulations concerning attendance at bedside or funeral
The State Board of Control of Institutions and Agencies is empowered to promulgate rules and regulations concerning the attendance of any such prisoner or inmate at the bedside or funeral of a dying or deceased relative which shall insure the safekeeping and detention of the prisoner or inmate, and protect the welfare of society and make provision as to such other matters as the State Board may deem necessary and proper for individual circumstances of any case. This act shall be administered so as to give full force and effect to its provisions and to limit its application to deserving cases.
L.1948, c. 414, p. 1634, s. 2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.3 - Correspondence of inmates of state and county penal and correctional institutions; language

30:4-8.3. Correspondence of inmates of state and county penal and correctional institutions; language
Subject to rules and regulations to be issued by the Division of Correction and Parole every State and county penal and correctional institution shall permit incoming and outgoing correspondence of the inmates thereof to be in a language other than English.
L.1973, c. 88, s. 1, eff. April 24, 1973.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.4 - Rules and regulations for each penal and correctional institution; promulgation and publication

30:4-8.4. Rules and regulations for each penal and correctional institution; promulgation and publication
Subject to guidelines set down by the Director of the Division of Correction and Parole, every State penal and correctional institution shall formally promulgate and publish rules and regulations governing the rights, privileges, duties and obligations of the inmate population confined therein. Among other things, such publications shall set forth the authorized sanctions for various classes of violations of the aforesaid rules and regulations, and detail the procedures for imposing summary and administrative punishment as well as for appealing therefrom. No punishment may be meted out other than of the type and in the manner prescribed by such rules and regulations.
L.1975, c. 95, s. 1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.5 - Furnishing to new arrivals; explanation to non-English speaking prisoners

30:4-8.5. Furnishing to new arrivals; explanation to non-English speaking prisoners
Upon the arrival of a prisoner in any correctional institution in the State, he shall be furnished with a copy of the institution's rules and regulations and shall have the meaning of the same explained to him. Spanish language copies of the institutional rules and regulations shall be provided to Spanish-speaking prisoners not conversant with the English language. To the extent possible, foreign language speaking prisoners not sufficiently conversant with the English language shall also be provided with verbal explanations in their language of greatest facility of all institutional rules and regulations.
L.1975, c. 95, s. 2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.6 - Assignment of inmates in proximity to family.

30:4-8.6 Assignment of inmates in proximity to family.
5. During initial classification, the commissioner shall make every effort to assign an inmate to a State correctional facility in close proximity to the residence of the inmate's family.
L.2009, c.328, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.7 - Incarceration of female inmates.

30:4-8.7 Incarceration of female inmates.
6. The commissioner shall not confine a female inmate in the same correctional facility as a male inmate if that confinement subjects the female inmate to conditions more oppressive or restrictive than conditions to which male inmates are subjected.
L.2009, c.328, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.8 - Submission of complaints concerning female inmates.

30:4-8.8 Submission of complaints concerning female inmates.
7. The commissioner shall semiannually submit all inmate complaints submitted to the department concerning female inmates to the Director of the Division on Women in the Department of Children and Families.
L.2009, c.328, s.7; amended 2010, c.34, s.8; 2012, c.16, s.52.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.9 - Defendant advised of child support orders, judgments.

30:4-8.9 Defendant advised of child support orders, judgments.
8. The Department of Corrections, through the Office of Transitional Services, shall, in addition to any other information provided during the intake process to a defendant sentenced to a period of incarceration, advise the defendant about any child support orders and judgments entered against him by the New Jersey Superior Court, and provide information on how he may petition the court for a temporary modification of these financial obligations. The Administrative Office of the Courts shall provide sample forms and instructions for the self-represented modification of child support orders to the Department of Corrections.
L.2009, c.328, s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.10 - Posting of change in visitation privileges on website.

30:4-8.10 Posting of change in visitation privileges on website.
9. a. Whenever there is a change in the status of an inmate incarcerated in a State correctional facility which affects the visitation privileges of that inmate, the correctional facility shall immediately post that change of status on its website. This information shall remain on the website until those visitation rights have been restored.
b. If the change in status in visitation is due to the relocation of the inmate to another facility, the change shall be noted on the website of the facility from which the inmate has been transferred and shall remain on the website for two weeks. The posting shall include the name, address, telephone number, and website address of the facility to which the inmate has been transferred.
L.2009, c.328, s.9.