reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.11 - "Private correctional facility" defined.

30:4-8.11 "Private correctional facility" defined.
1. For the purposes of this act, "private correctional facility" means any private facility detaining persons pursuant to any intergovernmental service agreement or other contract with any federal, State, or county agency, including but not limited to United States Immigration and Customs Enforcement, and including any private facility authorized under the provisions of P.L.1999, c.243 (C.30:4-91.9 et seq.).
L.2016, c.37, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.12 - Telephone service contracts for inmates.

30:4-8.12 Telephone service contracts for inmates.
2. a. All telephone service contracts for inmates in State or county correctional facilities shall be subject to the procurement provisions set forth in chapter 34 of Title 52 of the Revised Statutes and chapter 11 of Title 40A of the New Jersey Statutes; provided, however, the State Treasurer or appropriate person on behalf of the county or private correctional facility shall contract with the qualified vendor whose rate shall not exceed 11 cents per minute for domestic debit, prepaid, and collect calls and who does not bill to any party any service charge or additional fee exceeding the per minute rate, including, but not limited to, any per call surcharge, account set up fee, bill statement fee, monthly account maintenance charge, or refund fee.
b. A State, county, or private correctional facility shall not accept or receive a commission or impose a surcharge for telephone usage by inmates in addition to the charges imposed by the telephone service provider. For the purposes of this section, "commission" means any form of monetary payment, in-kind payment requirement, gift, exchange of services or goods, fee, or technology allowance. A commission or surcharge shall not include any product or the like that is related to the completion of voice-only calls, inmate telephone service maintenance, the analysis of telephone records and related financial data for investigative or other purposes, or security enhancements, including, but not limited to, voice recognition software, text analytics, or aggregate data analytical software.
c. Telephone services made available through a prepaid or collect call system established pursuant to section 3 of this act may include international calls; provided however, that if international calls are included in the telephone services made available for inmates, those calls shall be made available at reasonable rates subject to Federal Communications Commission rules and regulations, but not to exceed 25 cents per minute.
L.2016, c.37, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.13 - Availability of collect call system for inmates.

30:4-8.13 Availability of collect call system for inmates.
3. a. The Department of Corrections, each county correctional facility, and each private correctional facility shall make available either a prepaid or collect call system, or a combination thereof, for telephone services for inmates.
b. Under a prepaid system, funds may be deposited into an inmate account in order to pay for telephone calls, provided that nothing in this section shall require the department, county, or private correctional facility to provide or administer a prepaid system.
c. The provider of the inmate telephone service, as an additional means of payment, shall permit the recipient of inmate collect calls to establish an account with that provider in order to deposit funds for advance payment of those collect calls.
d. For the purposes of this section, a "collect call system" means a call system pursuant to which recipients are billed for the cost of an accepted telephone call initiated by an inmate.
L.2016, c.37, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.14 - Rules, regulations.

30:4-8.14 Rules, regulations.
4. The department shall establish rules and regulations or departmental procedures to ensure that any inmate telephone call system established by this act provides reasonable security measures to preserve the safety and security of each State and county correctional facility, staff member, and person outside a facility who may receive inmate telephone calls.
L.2016, c.37, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.15 - Findings, declarations.

30:4-8.15 Findings, declarations.
1. The Legislature finds and declares that:
a. It is the responsibility of the State to ensure respect for the human rights and civil rights of all people detained within New Jersey.
b. It is the responsibility of the State to protect the health and safety, including the physical and mental health, of individuals detained within New Jersey.
c. Detention centers and correctional facilities in New Jersey have a history of poor conditions, including inadequate medical and mental health care, use of isolated confinement, and incidents of violence and retaliation against people in detention.
d. In keeping with its obligation to protect and advance the health and just treatment of all people within the State of New Jersey, it is therefore the intent of the Legislature to prevent new, expanded, or renewed agreements to detain people for civil immigration purposes.
L.2021, c.199, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-8.16 - Definitions.

30:4-8.16 Definitions.
2. a. As used in this act:
"Immigration detention agreement" means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that authorizes the State, local government agency, or private detention facility to house or detain individuals for civil immigration violations.
"Local government agency" means a county, county sheriff, municipality, or other political subdivision and any agency, officer, employee, or agent thereof.
"Private detention facility" means any privately owned or operated facility that houses or detains individuals for civil immigration violations.
b. On or after the effective date of this act:
(1) the State or a local government agency shall not enter into, renew, or extend any immigration detention agreement as defined in subsection a. of this section; or
(2) a private detention facility operating in this State shall not enter into, renew, or extend any immigration detention agreement as defined in subsection a. of this section.
c. Nothing in this section shall be construed to prohibit, or in any way restrict, any action where the prohibition or restriction would be contrary to federal law, the United States Constitution, or the New Jersey Constitution.
L.2021, c.199, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-9 - Residence at institution; maintenance

30:4-9. Residence at institution; maintenance
The board of managers may require officers and employees whose continuous presence is deemed necessary, to reside at or contiguous to the institution and by resolution, allow to such officer or employee maintenance and sustenance or commutation thereof, in such amount or to such extent, as it shall in each case determine.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-11 - Offices may be changed or abolished

30:4-11. Offices may be changed or abolished
Each board of managers shall have power, subject to the approval of the state board, to abolish any office or employment which they may find to be unnecessary, to combine and consolidate the functions of any office or employments as they may determine, to transfer officers and employees and to promote and reduce the same, subject to the provisions of the civil service law.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-12 - Bond may be required

30:4-12. Bond may be required
Each board of managers may in its discretion require any official or employee to give bond for the faithful performance of his duties and fix the amount of such bond. In event that a surety company bond shall be given, the amount of the premium required thereon shall be paid from the maintenance account of the institution or agency to which the bonded person shall be attached.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-13 - Discharge of unclassified employees

30:4-13. Discharge of unclassified employees
Any officer or employee connected with any of the institutions or noninstitutional agencies whose office or employment is not within the classified service list of the civil service of the state, whose performance of or qualifications for the duties of his office or employment are unsatisfactory to the board of managers, may, with the approval of the state board, be discharged therefrom, or the state board may act in the premises without the initiative or assent of the board of managers.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-14 - Police officers for Department of Human Services; powers; appointment

30:4-14. Police officers for Department of Human Services; powers; appointment
30:4-14. a. The Commissioner of Human Services may, in writing, appoint persons to the position of police officer to serve as law enforcement officers for the Department of Human Services in accordance with applicable statutory law, rules and regulations.
b. A Human Services police officer appointed pursuant to this section shall be empowered to act as an officer for the detection, apprehension, arrest and conviction of offenders against the law, except that police officers shall be permitted to carry firearms or other weapons only when authorized to do so by the Commissioner of Human Services.
c. No person may be appointed as a Human Services police officer unless the person:
(1) Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
(2) Is sound in body and of good health;
(3) Is of good moral character;
(4) Has not been convicted of any offense involving dishonesty or which would make the person unfit to perform the duties of this office; and
(5) Has successfully undergone a program of psychological testing.
d. Every applicant for the position of Human Services police officer appointed pursuant to this section shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
e. The Commissioner of Human Services, in consultation with the Attorney General and the Director of the Division of Criminal Justice in the Department of Law and Public Safety, shall promulgate rules and regulations to effectuate the purposes of this section.
Amended 1957,c.60; 1995,c.273,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-14.1 - Authorization required to carry firearm

30:4-14.1. Authorization required to carry firearm
3. No Human Services police officer shall carry a firearm unless specifically authorized by the Commissioner of Human Services and provided that the officer has satisfactorily completed a basic firearms course required by the Police Training Commission.
L.1995,c.273,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-14.2 - Training requirements for Human Services police officers

30:4-14.2. Training requirements for Human Services police officers
4. Human Services police officers appointed pursuant to R.S.30:4-14 shall satisfy the training requirements established by the Police Training Commission, at schools approved by the commission, as follows:
a. All officers appointed pursuant to this section after the effective date of P.L.1995, c.273 (C.30:4-14.1 et al.), shall successfully complete, within one year of the date of their appointment, a training course approved by the Police Training Commission.
All officers appointed pursuant to this section after the effective date of P.L.1997, c.72, shall successfully complete, within one year of the date of their appointment, a training course approved by the Police Training Commission, which shall include training designed to prepare officers to handle patients with violent criminal backgrounds and sensitivity training to prepare officers to handle abusive situations between employees and patients, and among patients;
b. All officers appointed and in employment on the effective date of P.L.1995, c.273 (C.30:4-14.1 et al.), may continue in employment if, within 18 months of the effective date of P.L.1995, c.273 (C.30:4-14.1 et al.), they have satisfied the training requirements of the Police Training Commission;
All officers appointed and in employment on the effective date of P.L.1997, c.72, may continue in employment if, within 18 months of the effective date of P.L.1997, c.72, they have successfully completed a training course approved by the Police Training Commission, which shall include training designed to prepare officers to handle patients with violent criminal backgrounds and sensitivity training to prepare officers to handle abusive situations between employees and patients, and among patients; and
c. The Commissioner of Human Services may request from the Police Training Commission an exemption from all or part of the training requirements of this section on behalf of a current or prospective officer who demonstrates successful completion of a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of the Police Training Commission, and which include training officers to handle patients with violent criminal backgrounds and sensitivity training pursuant to this section.
L.1995,c.273,s.4; amended 1997, c.72.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-15 - Commissaries for sale of commodities to inmates, visitors and personnel

30:4-15. Commissaries for sale of commodities to inmates, visitors and personnel
The board of managers of any institution or noninstitutional agency set forth in section 30:1-7 of the Revised Statutes may maintain a commissary or store for the sale of commodities to patients, inmates, visitors and personnel under rules adopted by the board. The cost of establishing the commissary or store may be defrayed out of any funds appropriated for current maintenance. Any profit accruing may be used by the board for the use, benefit and general welfare of the inmate or patient population as a whole.
Amended by L.1966, c. 203, s. 1, eff. July 21, 1966.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-15.1 - Collection of "VCCB Surcharge" by commissary in correctional facility.

30:4-15.1 Collection of "VCCB Surcharge" by commissary in correctional facility.
1. Every commissary in a county or State correctional facility operated for the sale of commodities shall collect a surcharge of 10% of the sales price of every item sold. The surcharge shall be known as the "VCCB Surcharge." All funds collected pursuant to this section shall be forwarded to the State Treasurer for deposit in the Victims of Crime Compensation Board Account, shall be subject to reporting and accounting procedures pursuant to the provisions of section 2 of P.L.1979, c.396 (C.2C:43-3.1) and shall be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.). A sale subject to surcharge under this section shall not be subject to any tax imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.).
L.1997,c.396,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-16 - Liability in law action

30:4-16. Liability in law action
No action at law shall lie against any officer or employee or member of the state board or members of the several boards of managers, for admitting, receiving, keeping, detaining or transferring or discharging as provided by this title or directed by any order made in accordance with this title, any person coming to an institution or noninstitutional agency on his own application, or on the application of his friends or relatives, or by order of a judge or court of this state, but such application or order, or certified copy thereof, shall be sufficient warrant and authority for the admission, keeping, detention, transfer, discharge or reasonable care, treatment, management and control of any patient or inmate received or committed according to the terms of this title.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-16.1 - Acceptance and use of gifts, legacies and bequests authorized; refunding bond by chief executive officer

30:4-16.1. Acceptance and use of gifts, legacies and bequests authorized; refunding bond by chief executive officer
The several institutions and agencies of the state of New Jersey coming within the jurisdiction of the New Jersey state board of control of institutions and agencies are hereby authorized and empowered to accept gifts, legacies and bequests made to such institutions and agencies and are further empowered to utilize same in the manner set forth in the will or last testament wherein provision is made therefor; provided, however, that no such gift, legacy or bequest shall be put to any use which is inconsistent with any of the laws of this state establishing, creating or regulating the management of any such institution or agency.
The chief executive officer of any institution or agency named as legatee shall be and is hereby empowered to execute a refunding bond and release to the executors of the estate from which the gift, legacy or bequest is to be received.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-16.2 - Frivolous lawsuits filed by inmates; determination, recovery of costs, fees; forfeiture of time credits

30:4-16.2 Frivolous lawsuits filed by inmates; determination, recovery of costs, fees; forfeiture of time credits
1. a. In any civil action filed by an inmate in which the defendant is represented by the Attorney General or county counsel and the Attorney General or county counsel believes the lawsuit is frivolous, the Attorney General or county counsel shall move to recover costs and fees.
b. The commissioner shall promulgate regulations providing for the forfeiture of progressive time credits authorized pursuant to R.S.30:4-140 when an inmate's lawsuit:
(1) was filed to harass or retaliate against another individual, to disrupt or interfere with the operation of the correctional institution, or for some other malicious purpose, and
(2) has been determined by a court to be frivolous.
L.1996,c.11,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-16.3 - Waiver of filing fee; part payment

30:4-16.3. Waiver of filing fee; part payment
2. a. If an inmate files an action or proceeding in any court of this State and requests a waiver of filing fees on the grounds of indigency the inmate shall attach to the filing a certified copy of the prisoner's fund account statement from the appropriate correctional institution for the six months immediately preceding the filing of the complaint or petition. If any filing fee is waived, the inmate shall pay a partial filing fee that is 20% of the greater of:
(1) the average monthly balance in the inmate's account;
(2) the average deposits to the inmate's account;
for the six months immediately preceding the filing of the complaint or petition. However, the partial fee may not exceed the full filing fee for the commencement of the action or proceeding.
b. If an inmate claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement of account required by subsection a. the inmate shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement.
c. If the court approves the application to waive all fees, the court shall give written notice to the inmate that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the inmate that the offender's case will be dismissed if the partial filing fee is not paid within 45 days after the date of the order, or within an additional period that the court may, upon request, allow. Process in an action filed by an inmate shall not be served until the fee is paid.
d. As used in this section "action or proceeding" includes any appeal by inmates from administrative decisions rendered by the State Parole Board and the Department of Corrections, including, but not limited to, parole and disciplinary matters.
L.1996, c.11,s.2; amended 2000, c.90.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-16.4 - Disposition of monies derived from judgment

30:4-16.4. Disposition of monies derived from judgment
3. If an inmate is awarded a money judgment as the result of a civil action, the monies derived from that judgment shall be deposited in the inmate's account at the correctional institution in which the inmate is confined. These monies shall be used to satisfy any court-imposed fines, restitution or penalties which the inmate has not met. These monies may also be used to meet any claims for reimbursement for medical treatment sought by the State or a county pursuant to the provisions of P.L.1995, c.254 (C.30:7E-1 et seq.).
L.1996,c.11,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-16.5 - Definitions relative to civil actions by inmates

30:4-16.5. Definitions relative to civil actions by inmates
4. As used in this act:
"Commissioner" means the Commissioner of Corrections.
"Inmate" means a person sentenced to imprisonment, or ordered to pretrial or investigative detention, in a State prison or county jail.
L.1996,c.11,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-17 - Acquisition of lands for state institutions

30:4-17. Acquisition of lands for state institutions
The state treasurer and state comptroller may acquire by gift, grant, purchase, condemnation, municipal action or other lawful manner, in the name of the state and for its use so much land as may be necessary for any state institution whenever the board of managers of such institution shall make written request therefor duly approved by the state board, and the comptroller and treasurer shall deem the lands necessary. No money shall be thus expended until first appropriated specifically for such purpose. Condemnation proceedings shall be in accordance with chapter 1 of the title Eminent Domain (s. 20:1-1 et seq.).
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-19 - Acquisition of additional real estate for certain juvenile institutions not owned by state

30:4-19. Acquisition of additional real estate for certain juvenile institutions not owned by state
The board of trustees of an institution within the state, not owned by the state, for the reformation of juvenile delinquents may purchase and acquire such additional real estate as may be necessary for the proper accommodation, employment or welfare of its inmates. When the institution is supported and maintained by a city, the consent of the governing body of the city shall first be obtained. Such additional real estate shall not be acquired unless full provision shall have first been made for payment of the cost either from the current annual appropriation for the support of the institution or from the earnings of the inmates or both.
Such additional real estate shall be purchased and held in the same manner as the real estate originally acquired for the establishment of the institution.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-20 - Sale of surplus state hospital lands

30:4-20. Sale of surplus state hospital lands
Whenever the board of managers of the Trenton state hospital with the approval of the state board and the state house commission shall determine that lands acquired for the hospital are no longer necessary, the state house commission may sell the same. Notice of the time and place of sale signed by the commission shall be posted at least three weeks before the time appointed in five or more public places in Mercer county, one of which places shall be in the township, ward or city where the lands are situate. The notice shall also be published at least once a week for four consecutive weeks in two newspapers printed and published in Mercer county, of which one shall be printed and published in Trenton. The last publication shall be not more than seven days prior to the time of sale. At the time appointed, between the hours of twelve and five in the afternoon the commission shall sell the lands at public vendue to the highest bidder. The commission may adjourn the sale from time to time. On receiving the purchase price from a purchaser the commission shall make, execute and deliver in the name of the state a deed conveying the lands. The purchase money after deducting the expenses of sale shall be paid into the state treasury.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-21 - Sale of old deaf school

30:4-21. Sale of old deaf school
L.1927, c. 149, p. 286, entitled "An act authorizing the sale of the land owned by the state of New Jersey and now or formerly occupied by the school for the deaf, at Hamilton and Chestnut avenues, Trenton, New Jersey," approved March twenty-eighth, one thousand nine hundred and twenty-seven, saved from repeal. [This act authorizes the state house commission to advertise, and sell the described premises at public sale, the proceeds to be paid into the state treasury to the credit of the school fund created by sections 18:10-30, 18:10-33, 18:10-35 of the title Education.]
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-22 - Sale of Kearny home for disabled soldiers

30:4-22. Sale of Kearny home for disabled soldiers
L.1929, c. 54, pp. 92, 93, entitled "An act authorizing the sale of the New Jersey home for disabled soldiers located in the town of Kearny in the county of Hudson," approved April eighth, one thousand nine hundred and twenty-nine, saved from repeal. [This act authorizes the state house commission to advertise and sell the described premises at public sale or in case of unsatisfactory bids at private sale, the proceeds to be a separate fund in the state treasury for the construction of a new home in the area north of Trenton for disabled soldiers of all wars; sale to be deferred until the new home is completed and ready for occupancy. Section 2 authorizes the state board to construct the new home on a site north of Trenton and requires the governor to appoint an advisory site committee of five members representative of the veterans of various wars.]
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-24 - General principles, applicability.

30:4-24 General principles, applicability.
30:4-24. The provisions of Title 30 of the Revised Statutes shall govern the admission and commitment of persons with mental illness, tuberculosis, and developmental disabilities to the several institutions designated therefor and govern and control all phases of the relationship between such patients and such institutions including payments, maintenance, custody, treatment, parole, and discharge as though each provision of Title 30 of the Revised Statutes has been specifically enacted, unless otherwise specified in law, with relation to each institution, its board of managers and officials, and to all other officials, boards, and authorities.
Title 30 of the Revised Statutes is to be administered in accordance with the general principles laid down in this section, which are declared to be the public policy of this State that:
(1) adequate residential and nonresidential facilities be provided for the prompt and effective diagnosis, care, treatment, training and rehabilitation of individuals with diseases and disorders of the brain, mind, and nervous system, including the various forms of mental illness and developmental disability;
(2) such facilities be closely integrated with other community health, welfare, and social resources;
(3) the human dignity and the moral and constitutional rights of such individuals be upheld and protected by appropriate statutes;
(4) family and community ties and mutual responsibilities be reinforced;
(5) inasmuch as such mental disorders may in some cases substantially impair the individual's ability to guide the individual's actions in the individual's own best interests or with due regard for the rights of others, provision be made for the due process of law by which such an individual may be placed under protection, treatment, or restraint in the individual's own or the public interest;
(6) the primary responsibility for the costs of services provided to an individual rests with the individual and the individual's responsible relatives;
(7) it is in the public interest that facilities be available to all persons without limitation because of economic circumstances, and that extraordinary hardships to any individual or the individual's relatives which may result from severe or prolonged disability be mitigated;
(8) means and facilities be provided by the State for scientific studies directed toward expanding knowledge of the causes, prevention, control, management, and cure of diseases and disorders of the brain, mind, and nervous system; and
(9) as an intrinsic part of the program established by the State, provision be made for the instruction of professional and nonprofessional personnel in the skills required for the proper diagnosis, care, training, treatment, and rehabilitation of persons with impairments of the brain, mind, and nervous system, and for the pursuit of relevant research.
amended 1965, c.59, s.8; 1995, c.155, s.2; 2010, c.50, s.30; 2017, c.131, s.115.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-24.1 - Civil rights and medical care for mentally ill

30:4-24.1. Civil rights and medical care for mentally ill
Every individual who is mentally ill shall be entitled to fundamental civil rights and to medical care and other professional services in accordance with accepted standards, provided however that this shall not be construed to require capital construction. Every individual between the ages of 5 and 20 years shall be entitled to education and training suited to his age and attainments.
Every patient shall have the right to participate in planning for his own treatment to the extent that his condition permits.
L.1965, c. 59, s. 9. Amended by L.1975, c. 85, s. 1, eff. May 7, 1975.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-24.3 - Confidentiality; exceptions.

30:4-24.3 Confidentiality; exceptions.
11. All certificates, applications, records, and reports made pursuant to the provisions of Title 30 of the Revised Statutes and directly or indirectly identifying any individual presently or formerly receiving services in a noncorrectional institution under Title 30 of the Revised Statutes, or for whom services in a noncorrectional institution shall be sought under this act shall be kept confidential and shall not be disclosed by any person, except insofar as:
a. the individual identified or his legal guardian, if any, or, if he is a minor, his parent or legal guardian, shall consent; or
b. disclosure may be necessary to carry out any of the provisions of this act or of article 9 of chapter 82 of Title 2A of the New Jersey Statutes; or
c. a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make such disclosure would be contrary to the public interest; or
d. disclosure may be necessary to conduct an investigation into the financial ability to pay of any person receiving services or his chargeable relatives pursuant to the provisions of R.S.30:1-12.
e. disclosure is needed to comply with the data reporting provisions of the NICS Improvement Amendments Act of 2007, Pub. L. 110-180, and the Brady Handgun Violence Prevention Act of 1993, Pub. L. 103-159.
Nothing in this section shall preclude disclosure, upon proper inquiry, of information as to a patient's current medical condition to any relative or friend or to the patient's personal physician or attorney if it appears that the information is to be used directly or indirectly for the benefit of the patient.
Nothing in this section shall preclude the professional staff of a community agency under contract with the Division of Mental Health Services in the Department of Human Services, or of a screening service, short-term care or psychiatric facility as those facilities are defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) from disclosing information that is relevant to a patient's current treatment to the staff of another such agency.
L.1965, c.59, s.11; amended 1987, c.116, s.24; 1995, c.4, s.1; 1995, c.155, s.3; 2009, c.183, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-24.3a - Submission of certain mental health records required.

30:4-24.3a Submission of certain mental health records required.
1. In compliance with the federal NICS Improvement Amendments Act of 2007, Pub.L. 110-180 and the Brady Handgun Violence Prevention Act of 1993, Pub. L. 103-159, the Attorney Generalshall direct the Superintendent of the State Police to collect, in cooperation with the Administrative Office of the Courts, such data as may be required to make a determination as to whether a person is disqualified from possessing or receiving a firearm under 18 U.S.C. s.922 or applicable State law , and to transmit such data to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation.
L.2013, c.115, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-24.4 - Written reports accounting for expenditures.

30:4-24.4 Written reports accounting for expenditures.
1. The Commissioner of Human Services shall require employees in the Division of Developmental Disabilities to make written reports accounting for all expenditures which they may make of moneys of persons with developmental disabilities who receive functional services from the division pursuant to sections 16 and 18 of P.L.1965, c.59 (C. 30:4-25.4 and 30:4-25.6).
L.1983, c.223, s.31; amended 2010, c.50, s.31.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-24.5 - Study of management and handling of moneys; regulations

30:4-24.5. Study of management and handling of moneys; regulations
The commissioner shall, in consultation with the State Auditor, conduct a detailed study of the management and handling of the moneys described in section 1 of this act and shall adopt regulations to improve present systems and procedures where appropriate.
L.1983, c. 223, s. 2, eff. June 27, 1983.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.2 - Application for determination of eligibility.

30:4-25.2 Application for determination of eligibility.
14. Application for determination of eligibility for functional services for a person under the age of 21 years who is believed to have a developmental disability may be made to the commissioner by:
1. the person's parent or guardian;
2. a child-caring agency, hospital, clinic, or other appropriate agency, public or private, or by a physician having care of the minor, provided the written consent of the parent or guardian or the Division of Youth and Family Services, under its care and custody program, has been obtained; or
3. a Superior Court, Chancery Division, Family Part having jurisdiction over the minor.
Application for determination of eligibility for any person over 18 years of age for functional services may be made by:
a. a person with a developmental disability over 18 years of age on the person's own behalf;
b. the guardian of the person of an adjudicated incapacitated adult; or
c. any court of competent jurisdiction in which the issue of mental deficiency may have arisen and which finds that it is in the interest of the person with an alleged mental deficiency to determine such eligibility.
L.1965, c.59, s.14; amended 1967, c.203; 1991, c.91, s.312; 2010, c.50, s.33; 2013, c.103, s.80.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.3 - Determination of eligibility.

30:4-25.3 Determination of eligibility.
15. Promptly on receipt of the application for determination of eligibility for admission to functional services of the Division of Developmental Disabilities, the commissioner shall determine the state of developmental disability and need for functional services. Such determination shall be made under rules promulgated by the commissioner. Any person with a developmental disability who makes such application or on whose behalf application is made and who is found to require functional services of the Division of Developmental Disabilities shall be declared eligible subject to the person's and his legally chargeable relatives' compliance with the provisions of section 5 of P.L.1995, c.155 (C.30:4-25.9).
L.1965, c.59, s.15; amended 1995, c.155, s.6; 2010, c.50, s.34.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.4 - Issuance of statement of eligibility.

30:4-25.4 Issuance of statement of eligibility.
16. The commissioner or his designated agent shall, immediately upon determination of the person's developmental disability, as provided herein, report his findings to the applicant, and in the event that the person who makes such application or on whose behalf the application has been made is found eligible, the commissioner or his designated agent shall issue to the applicant a statement of eligibility for the functional services of the Division of Developmental Disabilities. The statement of eligibility shall advise the applicant of the particular functional service deemed most appropriate for the training, habilitation, care and protection of the person as of the time of determination and shall further advise the applicant concerning the immediate availability of such services, or alternate services.
The statement of eligibility shall also advise the applicant of the requirements of section 5 of P.L.1995, c.155 (C.30:4-25.9), R.S.30:4-66 and R.S.30:4-74.
L.1965, c.59, s.16; amended 1995, c.155, s.7; 2010, c.50, s.35.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.5 - Court order for care and custody of eligible minors.

30:4-25.5 Court order for care and custody of eligible minors.
17. Whenever an eligible minor with a developmental disability is found to be neglected or delinquent under any of the statutes of this State pertaining to juvenile delinquency or to abandonment, abuse, cruelty, or neglect of children, the Superior Court, Chancery Division, Family Part having jurisdiction may accompany its application under Class H for admission of the minor to functional services of the department with an order placing the aforesaid minor under the care and custody of the commissioner.
L.1965, c.59, s.17; amended 1991, c.91, s.313; 2010, c.50, s.36.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.6 - Admission to functional services; alternative services.

30:4-25.6 Admission to functional services; alternative services.
18. The commissioner shall, upon proper application for admission, forthwith admit the eligible person with a developmental disability, and provide him with appropriate functional service to the extent available. In the event that the functional service which has been specified as most appropriate from time to time is not immediately available, the commissioner shall provide alternate service and, at the request of the applicant, shall also place the eligible person on a waiting list for the preferred service pending its availability.
L.1965, c.59, s.18; amended 2010, c.50, s.37.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.7 - Provision for health, safety, welfare, etc., of persons admitted.

30:4-25.7 Provision for health, safety, welfare, etc., of persons admitted.
19. The commissioner shall make all reasonable and necessary provisions to ensure the health, safety, welfare and earliest appropriate release of persons admitted to residential services for persons with developmental disabilities. He shall provide further for educational, medical, dietetic, and social needs of any such person in accordance with such person's individual requirements, as determined by competent professional personnel.
L.1965, c.59, s.19; amended 2010, c.50, s.38.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.8 - Maintenance of contact and consultation with parents or guardians of persons admitted.

30:4-25.8 Maintenance of contact and consultation with parents or guardians of persons admitted.
20. The commissioner or his designated agent shall make diligent efforts to maintain contact with the parent or guardian of each person with a developmental disability who is receiving functional services and, in the case of those receiving residential services, to advise the parent or guardian promptly of any significant changes in the condition of the person. He shall make all reasonable efforts to consult with the parent or guardian concerning recommended changes in the program, care, training, rehabilitation or treatment being rendered to any person with a developmental disability by the department, and to secure the prior consent of the parent or guardian to such changes; provided, however, that, in the absence of an expressed prohibition of such action by the parent or guardian, the commissioner or his designated agent shall be free from liability for the consequences of any prudent action taken by them in the interest of the immediate health or safety of the person when an emergency affecting such person may arise.
L.1965, c.59, s.20; amended 2010, c.50, s.39.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.9 - Conditions of eligibility for functional services participation.

30:4-25.9 Conditions of eligibility for functional services participation.
5. a. An applicant for functional services from the Division of Developmental Disabilities, any person acting on the applicant's behalf pursuant to section 14 of P.L.1965, c.59 (C.30:4-25.2), or the applicant's chargeable relatives, as appropriate, shall agree, if the applicant is determined eligible for functional services pursuant to section 15 of P.L.1965, c.59 (C.30:4-25.3), to comply with the following conditions of eligibility and continued functional services participation:
(1) The applicant for residential services or other person listed in this subsection shall assign to the Commissioner of Human Services any rights of the applicant to support or payment from a third party under any law, regulation, court order, or administrative order unless specifically prohibited by federal law or regulation;
(2) The applicant or other person listed in this subsection shall apply for and maintain all current and future benefits for which the applicant may be eligible, including, but not limited to, Medicare, Medicaid, any other State or federal benefits, and any third party support pursuant to statute, rule, court order, or contract; and
(3) The applicant or other person listed in this subsection shall make payments as required pursuant to R.S.30:4-60.
b. The Division of Developmental Disabilities may, in accordance with the provisions of section 2 of P.L.2015, c.304 (C.30:4-25.9a), terminate any services received by, or the placement of, the eligible person with a developmental disability within 90 days if the conditions of eligibility set forth in this section are not complied with by the eligible person with a developmental disability or other person listed in subsection a. of this section. During any appeals process period, services to a person with a developmental disability shall not be terminated.
c. Nothing in this section or Title 30 of the Revised Statutes shall be construed to deny functional services to any person who meets the eligibility conditions and criteria for functional services, but does not have the ability to pay the full per capita costs or payments required pursuant to R.S.30:4-60.
L.1995, c.155, s.5; amended 2010, c.50, s.40; 2015, c.304, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-25.9a - Required notifications.

30:4-25.9a Required notifications.
2. a. The Division of Developmental Disabilities, in accordance with the provisions of this section, shall notify:
(1) a person with a developmental disability or the person's guardian, as applicable, if the division plans to terminate any services received by, or the placement of, the person due to the person's ineligibility for benefits under the Medicaid program or ineligibility for services or a placement from the division;
(2) a provider of services to a person with a developmental disability, if the division plans to terminate any services received by, or the placement of, the person due to the person's ineligibility for benefits under the Medicaid program or ineligibility for services or a placement from the division; and
(3) a provider of services to a person with a developmental disability eligible for services from the division, if the division plans to discontinue funding for a service provided by the provider to the person.
b. The division shall provide notification to a person with a developmental disability or the person's guardian, pursuant to paragraph (1) of subsection a. of this section, at least 90 days prior to terminating any services received by, or a placement of, the person.
c. The division shall provide notification to a provider, pursuant to paragraph (2) or (3) of subsection a. of this section, at least 90 days prior to terminating any services received by, or a placement of, a person with a developmental disability or discontinuing funding for a service provided by the provider to the person, as applicable.
L.2015, c.304, s.2.