reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-73 - Primary liability of county from which patient is committed; findings as to legal settlement, etc.

30:4-73. Primary liability of county from which patient is committed; findings as to legal settlement, etc.
The county from which any patient is committed shall be chargeable with the cost of the care and maintenance of any such patient committed to a State institution until the court shall find as a fact and the final judgment of commitment shall set forth whether the patient or his legally responsible relatives are able to pay the cost of his hospitalization and has a legal settlement in the county or has such legal settlement but is found able to pay.
If the patient has no such legal settlement in the county then said county shall receive a credit adjustment to reimburse it for any such charges made against it for any such patient. If the judgment is made by the court of another county, certified copies of the same shall be filed with the clerk of the county charged and the county adjuster of that county. If it shall appear that the patient has a legal settlement in some other county then the cost of clothing and maintenance of any indigent patient which may have accrued prior to the determination of legal settlement in any county shall be paid by the county in which the settlement is determined to be. When a patient is admitted to an institution and dies or is removed therefrom for any cause before final hearing, the court having jurisdiction is authorized to make a judicial finding as to his admission, legal settlement and ability to pay for the purpose of providing for payment of maintenance and clothing during the patient's confinement.
Amended by L.1942, c. 250, p. 679, s. 1, eff. June 1, 1942; L.1953, c. 29, p. 523, s. 35; L.1965, c. 59, s. 58.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-74 - Continuing liability of patient's estate or persons chargeable

30:4-74. Continuing liability of patient's estate or persons chargeable
30:4-74. A patient's estate or the person chargeable for his support or the State or county as provided by law, shall be liable for institutional or functional services support from the time of the patient's admission or commitment whether he was admitted or committed as a paying or nonpaying patient and irrespective of change of status after admission or commitment.
Amended 1965,c.59,s.59; 1995,c.155,s.20.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-75 - Amount of recovery

30:4-75. Amount of recovery
In any suit for the recovery of the cost of maintenance of a patient able to pay the full cost of hospitalization in any institution of this State, in the absence of express contract stipulating the amount to be paid, the rate as fixed pursuant to section 30:4-67 of this Title shall be construed to be the reasonable and necessary cost advanced for the maintenance of such patient.
Amended by L.1965, c. 59, s. 60; L.1969, c. 258, s. 6, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-75.1 - Authority to collect moneys due the State

30:4-75.1. Authority to collect moneys due the State
1. The Department of Human Services shall have the authority to collect all moneys due to the State for services, assistance, relief or care provided by the State through the department from the recipients thereof or from the persons legally responsible therefor pursuant to any agreement with the State or pursuant to any obligation established by law or by contract.
The Attorney General shall provide all legal assistance necessary and proper to collect the moneys due to the State and shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken for or upon the recovery of a judgment in a civil action and may institute and maintain any action or proceeding in the courts necessary therefor.
L.1962,c.207,s.1; amended 1995,c.155,s.21.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-75.2 - Rules and regulations

30:4-75.2. Rules and regulations
The Attorney General and the Commissioner of Institutions and Agencies shall adopt such rules and regulations as shall be necessary to effectuate the provisions of this act and to co-ordinate the collection activities and procedures of the boards, officers, agencies and other bodies in the Department of Institutions and of the Bureau of Maintenance Collections.
L.1962, c. 207, s. 2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-76 - Statement of settlement and financial ability furnished

30:4-76. Statement of settlement and financial ability furnished
The person charged with the care and relief of the poor in each municipality shall, upon request, furnish to the county adjuster a statement of the facts concerning the legal settlement and financial ability of every patient and of the financial ability of the relative or other person chargeable with his support in such municipality.
Amended by L.1965, c. 59, s. 61.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-77 - Settlement of claims; funds for rehabilitation

30:4-77. Settlement of claims; funds for rehabilitation
The commissioner, with regard to State institutions, or the board of chosen freeholders, or a proper committee thereof, with regard to county institutions, may compromise and settle any claim due a State institution or due the board of freeholders for the support of a patient. A memorandum of the compromise and settlement made by the commissioner shall be sent to the State institution affected thereby and with regard to a compromise and settlement made by a board of freeholders, or a committee thereof, same shall be entered in the official minutes of the proceedings of the board or committee.
When it appears that a patient having moneys on deposit at the institution is sufficiently recovered to be released on convalescent leave to the community and that such patient is without sufficient income or other funds to provide for his essential requirements of transportation, food, clothing, housing and the like for establishment of his normal life in the community until he becomes gainfully employed or otherwise provided for, the chief executive officer of the institution, in his discretion, may permit such patient to have a reasonable sum of money from his funds sufficient to meet such requirements and to enable the patient to become established in the community. A report of any such payments made shall be furnished the board of managers or the board of chosen freeholders, as the case may be, to be entered in the official minutes of the next succeeding meeting of the board.
Amended by L.1956, c. 39, p. 82, s. 1; L.1965, c. 59, s. 62.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-78.1 - County to submit financial and management plan for psychiatric facility

30:4-78.1. County to submit financial and management plan for psychiatric facility
The governing body of each county that operates a county psychiatric facility shall submit to the Commissioner of Human Services no later than December 31, 1991 a financial and management plan, in accordance with guidelines established by the Commissioner of Human Services. The plan shall ensure that the county incur all financial obligations necessary for improvements to bring the facility in compliance with all State and federal standards.
L.1990,c.73,s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-78.2 - State assumption of management and operation of psychiatric facility.

30:4-78.2 State assumption of management and operation of psychiatric facility.
6. If the commissioner determines that the plan submitted pursuant to section 5 of P.L.1990, c.73 (C.30:4-78.1) is appropriate, the commissioner shall enter into negotiations with the governing body of the county to provide for the State assumption of the management and operation of the psychiatric facility, in which case the State shall operate and maintain the psychiatric facility, provided that the funding ratios shall not change.
Any agreement for the assumption shall include, but not be limited to, such matters as personnel salaries, benefits, tenure or other rights; debt obligations of the facility; existing vendor contracts; lease, purchase or other arrangements for the State's operation of the facility; purchase of services from the county; capital improvements; staffing arrangements; and insurance payments and receivables, including Medicare and Medicaid payments. When negotiating an agreement the Commissioner of Human Services shall consult with the State Civil Service Commission concerning personnel salaries, benefits, tenure or other rights. If the commissioner and the governing body of the county agree to the State assumption of the management and operation of a county psychiatric facility, any changes in salaries, benefits, tenure or other rights of employees will recognize the rights and responsibilities under appropriate collective bargaining agreements.
L.1990, c.73, s.6; amended 2008, c.29, s.89.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-78.3 - Determination of eligibility for State reimbursement for costs

30:4-78.3. Determination of eligibility for State reimbursement for costs
Any costs or obligations incurred by a county psychiatric facility in the 13 months prior to the effective date of this act that are determined not to be reasonable by the Commissioner of Human Services shall not be eligible for reimbursement from the State after the effective date of this act.
L.1990,c.73,s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-78.4 - State authority over county psychiatric facility to replace certain administrators

30:4-78.4. State authority over county psychiatric facility to replace certain administrators
In the event a county continues to operate and maintain a county psychiatric facility, the Commissioner of Human Services shall have the power to replace the chief executive officer, the chief financial officer, the medical director and other appropriate administrative personnel upon the commissioner's determination that financial expenditures of the facility are repeatedly and substantially in excess of similar expenditures in other State and county psychiatric facilities or the quality of care provided in the facility is repeatedly and substantially below State and federal standards.
L.1990,c.73,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-78.5 - Deduction of State services from county appropriation

30:4-78.5. Deduction of State services from county appropriation
For each local fiscal year, or portion thereof, in which a service or function associated with the provisions of this act is assumed by the State, the county shall deduct from its final appropriations upon which its permissible county tax levy is calculated the amount which the county expended for that service or function during the last full budget year, or portion thereof, for which the service or function so transferred was funded from appropriations in the county budget.
L.1990,c.73,s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-79 - Payments by county treasurer; statement furnished

30:4-79. Payments by county treasurer; statement furnished
The county treasurer of each county shall pay in quarterly payments to the treasurer, auditor or board of managers of each State institution, to which patients chargeable to the county have been committed, the amount of the per capita rate fixed by the State House Commission, together with such proportionate part of the allowance for clothing as shall be fixed by the State House Commission, upon the certification by the chief executive officer of the institution, or by the commissioner or his designated agent, who shall send to the clerk of the board of chosen freeholders of each county supporting patients at the institution at least 3 days before the day for the meeting of the board of chosen freeholders, a statement giving the names of all patients supported at the institution at the expense of the county and showing the dates of their admission or commitment, the date of the discharge of any who have been discharged, the date of the death of any who have died, and the dates between which any patients may have been away from the institution on a visit or otherwise during said month.
Amended by L.1965, c. 59, s. 64.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80 - Tax levy; repayment by those legally liable

30:4-80. Tax levy; repayment by those legally liable
The board of chosen freeholders of each county shall annually levy and raise the amount required to meet the expense of maintaining and clothing the patients chargeable to such county in the several state institutions, and such further sum as is estimated will be necessary to cover all similar bills for one year in advance. Each county shall have power to compel every individual or municipality legally liable for the support of such patients, to repay the amount of such bills, with interest, and each board of managers shall have authority to sue for and recover in the name of its treasurer, from any county indebted, all sums due for support, maintenance and clothing of any patient chargeable to the county.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.1 - Lien against property of persons confined, receiving services.

30:4-80.1 Lien against property of persons confined, receiving services.
1. Every institution or other residential service maintained in whole or in part by State or county funds, which provides inpatient care, supervision and treatment for persons with developmental disabilities, shall have a lien against the property of a person receiving functional services from that institution or service for the total cost of the care and maintenance of the person in the institution at the per capita cost rate of maintenance fixed in accordance with law. The lien shall also attach to the real and personal property of any person chargeable by law with the support and maintenance of the person and against whom a court of competent jurisdiction has entered an order directing the person to pay all or a part of the cost of maintaining the person in an institution, provided that the amount of the lien shall not exceed the amount of maintenance required to be paid by the order of court. The lien shall also attach to the real and personal property of any person chargeable by law with the support and maintenance of the person pursuant to subsection b. of R.S.30:4-60, but the amount of the lien shall not exceed the amount of maintenance to be paid. Liens under this section, when properly filed as set forth herein, shall have priority over all unrecorded encumbrances and shall be at the rate to be determined as provided in Title 30 of the Revised Statutes.
L.1938,c.239,s.1; amended 1946, c.306, s.1; 1947, c.274, s.1; 1956, c.162, s.1; 1995, c.155, s.23; 2005, c.55, s.7
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.2 - Form and execution of lien; maintenance not covered by lien

30:4-80.2. Form and execution of lien; maintenance not covered by lien
The lien shall be in form to be prescribed by the State Department of Institutions and Agencies and shall contain the name of the patient, and other persons chargeable under said lien, date of admission, rate of maintenance, name of institution making claim and amount of accumulated delinquent maintenance at the date of filing said lien, together with notice of rate of accumulation thereafter. The lien shall be signed by the chief executive officer of the institution or his duly constituted agent. Nothing herein contained shall preclude said institution from recovering for maintenance furnished but not covered by any lien.
L.1938, c. 239, p. 542, s. 2, eff. May 25, 1938. Amended by L.1947, c. 274, p. 977, s. 2; L.1956, c. 162, p. 650, s. 2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.3 - Filing of lien; effect

30:4-80.3. Filing of lien; effect
3. The lien shall be filed with the clerk of the county or register of deeds and mortgages, as the case may be, and shall immediately attach to and become binding upon all real property in the ownership of the patient or other persons chargeable under said lien in the county wherein said lien is filed.
If it is believed that the patient or other persons chargeable under said lien are the owners of real property within the State, but the exact location of same is not known, then said liens may be filed with the clerk of the Superior Court and shall become binding upon all real property of the patient or other persons chargeable under said lien wherever situate within the State.
L.1938,c.239,s.3; amended 1953,c.29,s.36; 1956,c.162,s.3; 1991,c.91,s.315.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.4 - Lien against goods, rights, credits, etc., held by another for use of patient or persons chargeable

30:4-80.4. Lien against goods, rights, credits, etc., held by another for use of patient or persons chargeable
If it is found that any patient or other persons chargeable under said lien are possessed of any goods, rights, credits, chattels, moneys or effects which are held by any person, firm or corporation for the present or subsequent use of said patient, or other persons chargeable under said lien, then the lien provided for herein, or a notice of the existence thereof, may be forwarded by registered mail to said person, firm or corporation and shall become binding upon any property rights so held. Such person, firm or corporation shall thereafter be precluded from disposing of said property rights until said lien is satisfied or until the holder of the lien consents thereto.
Any person, firm or corporation disposing of any such property or moneys after receipt of notice of said lien shall be liable to the institution for the value of such property or moneys of which disposition has been made except that, when the corporation upon which service of notice of the lien has been served is a banking institution, the lien shall be effective against such banking institution only in the amount of the accumulated delinquent maintenance stated in such notice.
L.1938, c. 239, p. 543, s. 4, eff. May 25, 1938. Amended by L.1947, c. 274, p. 978, s. 3; L.1956, c. 162, p. 651, s. 4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.5 - Books for entry and indexing of liens; no fees required

30:4-80.5. Books for entry and indexing of liens; no fees required
The clerk of the county or register of deeds and mortgages, or clerk of the Superior Court, as the case may be, shall provide suitable books in which he shall enter the liens filed hereunder properly indexed in the name of the patient or other persons chargeable under said lien against whom the lien is claimed.
All liens and other papers incidental thereto required hereunder shall be received and recorded by the clerk of the county, register of deeds and mortgages, or clerk of the Superior Court, as the case may be, without payment of fees by the institution claiming the lien.
L.1938, c. 239, p. 543, s. 5, eff. May 25, 1938. Amended by L.1953, c. 29, p. 524, s. 37; L.1956, c. 162, p. 652, s. 5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.6 - Discharge of liens, certain.

30:4-80.6 Discharge of liens, certain.
6. a. Upon the request of a person treated at a psychiatric facility as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), or that person's legally responsible relative, against whom a lien was recorded prior to the effective date of P.L.2005, c.55, the Department of Human Services shall arrange for the discharge of the lien by the clerk of the county, register of deeds and mortgages or clerk of the Superior Court, as the case may be. No fee shall be charged by the clerk of the county, register of deeds and mortgages or clerk of the Superior Court for the removal of a lien pursuant to this section.
b. To discharge any lien or liens filed hereunder, the chief executive officer of the institution claiming the lien or his duly constituted agent shall file with the clerk of the county, register of deeds and mortgages or clerk of the Superior Court, as the case may be, a duly acknowledged certificate setting forth the fact that the institution desires to discharge the lien of record.
c. In the case of any lien not covered by the provisions of subsection a. of this section, the Commissioner of Human Services is hereby authorized to compromise for settlement any lien filed under the provisions of this act for the maintenance of any patient. A memorandum of the compromise and settlement shall be entered in the records of the institution affected thereby and shall be sufficient authorization for a complete discharge of the lien.
L.1938,c.239,s.6; amended 1947, c.274, s.4; 1953, c.29, s.38; 1965, c.59, s.65; 2005, c.55, s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.6a - Liens, certain; extinguished.

30:4-80.6a Liens, certain; extinguished.
8. All liens filed against a person treated at a psychiatric facility as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), prior to the effective date of P.L.2005, c.55, are hereby extinguished and shall have no legal effect. No new liens shall be filed by a psychiatric facility on or after the effective date of P.L.2005, c.55, against a person treated at the facility.
L.2005,c.55,s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.7 - Review of validity of lien; discharge

30:4-80.7. Review of validity of lien; discharge
2. Any person affected in any manner, whether directly or indirectly, by any lien filed hereunder, and desiring to examine into the validity thereof or the facts and circumstances surrounding the entry thereof, may do so in an action brought in the court wherein the judgment of commitment of the patient was made. In the case of a voluntary patient, an action may be brought in the Superior Court. The action shall be brought against the institution claiming the lien, and the court may proceed in the action in a summary manner or otherwise and enter such judgment as it may deem appropriate.
Any person desiring to secure immediate discharge of any lien may deposit with the court cash in sufficient amount to cover the amount of the lien or post a bond in an amount and with sureties to be approved by said court. Upon proper notice of this fact being given to the institution claiming the lien, a satisfaction of said lien shall be filed forthwith with the county clerk or register of deeds and mortgages as the case may be.
L.1946,c.306,s.2; amended 1953,c.29,s.39; 1991.c.91,s.316.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.8 - Application for relief.

30:4-80.8 Application for relief.
1. Any person who has been, or shall be, committed to any institution or facility providing mental health services, or has been determined to be a danger to himself, others, or property, or determined to be an incapacitated individual as defined in N.J.S.3B:1-2, by order of any court or by voluntary commitment and who was, or shall be, discharged from such institution or facility as recovered, or whose illness upon discharge, or subsequent to discharge or determination, is substantially improved or in substantial remission, may apply to the court by which such commitment was made, or to the Superior Court by verified petition setting forth the facts and praying for the relief provided for in this act.
L.1953, c.268, s.1; amended 1976, c.108, s.1; 1978, c.163; 1991, c.91, s.317; 2009, c.183, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.9 - Hearing; order.

30:4-80.9 Hearing; order.
2. Upon reading and filing such petition, the court shall by order fix a time, not less than 10 nor more than 30 days thereafter, for the hearing of such matter, a copy of which order shall be served by the petitioner upon the county adjuster of the county and upon the medical director of the institution or facility to which such person was committed or upon the party or parties who applied for the determination that the person be found to be a danger to himself, others, or property, or determined to be an incapacitated individual as defined in N.J.S.3B:1-2, and at the time so appointed, or to which it may be adjourned, the court shall hear evidence as to: the circumstances of why the commitment or determination was imposed upon the petitioner, the petitioner's mental health record and criminal history, and the petitioner's reputation in the community. If the court finds that the petitioner will not likely act in a manner dangerous to the public safety and finds that the grant of relief is not contrary to the public interest, the court shall grant such relief for which the petitioner has applied and, an order directing the clerk of the court to expunge such commitment from the records of the court.
L.1953, c.268, s.2; amended 1976, c.108, s.2; 2009, c.183, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.10 - Inapplicability of act, exception.

30:4-80.10 Inapplicability of act, exception.
3. This act shall not apply to any case in which the defendant was found not guilty of a crime because of insanity or from a determination that the defendant was incompetent to stand trial, except for the purpose of applying to the court pursuant to the NICS Improvement Amendments Act of 2007, Pub. L. 110-180, for relief from a federal firearms disability to possess a firearm imposed under 18 U.S.C. ss. 922(d)(4) and (g)(4).
L.1953, c.268, s.3; amended 1976, c.108, s.3; 2009, c.183, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-80.11 - Effect of order of expungement

30:4-80.11. Effect of order of expungement
If an order expunging such commitment is granted, the commitment shall be deemed not to have occurred and the petitioner may answer accordingly any question relating to its occurrence.
L.1976, c. 108, s. 4, eff. Oct. 29, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-82.1 - Findings, declarations

30:4-82.1. Findings, declarations
1. It is found and declared:
a. That a significant number of inmates in State-owned or operated correctional facilities suffer from mental illness requiring treatment either in the form of counseling or inpatient treatment during the period of their incarceration.
b. That because of prison overcrowding, a lack of resources, and the inability of the Department of Human Services and the Department of Corrections to agree on a policy to provide adequate and appropriate mental health services to these persons, they are not receiving the mental health treatment they need.
c. That the inability of the two departments to agree on policy is attributable to their separate missions, the Department of Human Services being constituted to provide treatment and not security, and the Department of Corrections being constituted to provide secure custody and not treatment.
d. That mentally ill inmates who do not receive treatment present a danger to other inmates and to correction officers while they are incarcerated and pose a threat to their families and to other citizens of the State when they are released.
e. That the existing procedures of the Division of Mental Health Services in the Department of Human Services and of the Department of Corrections, as well as existing laws, seem to provide sufficient authority to enable the two State agencies to alleviate the problems caused by the lack of treatment made available to mentally ill inmates.
L.1986,c.71,s.1; amended L.1995,c.4,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-82.3 - Deadline; regulations

30:4-82.3. Deadline; regulations
The plan required under section 2 of this act shall be formulated no later than the 181st day after the effective date of this act. Pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), the Commissioner of the Department of Human Services and the Commissioner of Corrections jointly shall adopt regulations establishing the procedures formulated under the plan required by section 2 of this act.
L. 1986, c. 71, s. 3, eff. July 30, 1986.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-82.6 - Findings, declarations relative to the use of isolated confinement.

30:4-82.6 Findings, declarations relative to the use of isolated confinement.
2. The Legislature finds and declares that:
a. The use of isolated confinement in this State's correctional facilities should be restricted to ensure the safe and humane operation of these facilities, consistent with the New Jersey Constitution, the laws and public policies of this State, the mission of the correctional system, evolving medical knowledge, and human rights standards of decency.
b. Isolated confinement should only be used when necessary, and should not be used against vulnerable populations or under conditions or for time periods that foster psychological trauma, psychiatric disorders, or serious, long-term damage to an isolated person's brain.
c. The standards established in this act should apply to all persons detained in correctional facilities under the jurisdiction of this State or any subdivision, regardless of the civil or criminal nature of the charges against them.
d. Citing the devastating and lasting psychological consequences of solitary confinement on persons detained in correctional facilities, President Obama adopted reforms in January 2016 to reduce its use in federal correctional facilities, including banning restrictive housing for low-level offenders and juveniles; decreasing the maximum length of time an inmate may be held in restricted housing from 365 days to 60 days; and increasing time spent outside the cell for inmates held in restrictive housing.
L.2019, c.160, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-82.9 - Placement in isolated confinement pending investigation of disciplinary offense.

30:4-82.9 Placement in isolated confinement pending investigation of disciplinary offense.
5. a. An inmate shall not be placed in isolated confinement pending investigation of a disciplinary offense unless:
(1) the inmate's presence in the general population poses a danger to the inmate, staff, other inmates, or the public. In making this determination, the facility administrator shall consider the seriousness of the alleged offense, including whether the offense involved violence or escape or posed a threat to institutional safety by encouraging others to engage in misconduct; or
(2) the facility administrator has granted approval in an emergency situation.
b. An inmate's placement in isolated confinement pending investigation of a disciplinary offense shall be reviewed within 24 hours by a supervisory employee who was not involved in the initial placement decision.
L.2019, c.160, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-82.10 - Duties of commissioner prior to effective date.

30:4-82.10 Duties of commissioner prior to effective date.
6. Not less than 90 days before the effective date of this act, the commissioner shall:
a. develop policies and implement procedures for the review of inmates placed in isolated confinement and submit proposed regulations for promulgation as required by section 7 of this act;
b. initiate a review of each inmate placed in isolated confinement pursuant to the policies and procedures developed and implemented under subsection a. of this section; and
c. develop a plan for providing step-down and transitional units, programs, and staffing patterns to accommodate inmates currently placed in isolated confinement, inmates who will be placed in isolated confinement, and inmates who receive an intermediate sanction in lieu of being placed in isolated confinement. Staffing patterns for correctional and program staff shall be set at levels necessary to ensure the safety of staff and inmates under the provisions of this act.
L.2019, c.160, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-82.11 - Regulations.

30:4-82.11 Regulations.
7. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall promulgate regulations to effectuate the provisions of this act. The regulations shall include but not be limited to:
a. establishing less restrictive interventions to isolated confinement, including separation from other inmates; transfer to other correctional facilities; and any non-isolated confinement sanction authorized by Department of Corrections regulations; restrictions on religious, mail, and telephone privileges, visit contacts, or outdoor and recreation access shall only be imposed as is necessary for the safety of the inmate or others, but shall not restrict access to food, basic necessities, or legal access;
b. requiring training of disciplinary staff and all staff working with inmates in isolated confinement and requiring that this training include:
(1) assistance from appropriate professionals to periodically train all staff working with inmates in isolated confinement;
(2) standards for isolated confinement, including that it shall be limited to when an inmate commits an offense involving violence, escapes or attempts to escape, or poses a threat to institutional safety; that the maximum penalties for each offense shall be based on the seriousness of the offense; and available less restrictive interventions; and
(3) the identification of developmental disabilities, and the symptoms of mental illness, including trauma disorders, and methods of safe responses to people in distress;
c. requiring documentation of all decisions, procedures, and reviews of inmates placed in isolated confinement;
d. requiring monitoring of compliance with all rules governing cells, units, and other places where inmates are placed in isolated confinement;
e. requiring posting on the official website of the Department of Corrections of quarterly reports on the use of isolated confinement, without revealing any personal identifying information, by age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status, at each facility, including a county correctional facility; these reports shall include the population on the last day of each quarter and a non-duplicative cumulative count of people exposed to isolated confinement for each fiscal year. These inmate reports also shall include the incidence of emergency confinement, self-harm, suicide, and assault in any isolated confinement unit. These reports shall not include personally identifiable information regarding any inmate; and
f. modifying the New Jersey Administrative Code for consistency with the provisions of this act and to require appropriate alternative placements for vulnerable populations in county correctional facilities.
L.2019, c.160, s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-83.1 - Notice of transfer.

30:4-83.1 Notice of transfer.
69. Whenever a person with mental illness or a developmental disability is transferred from one residential service to another by order of the commissioner, notice shall be given by the commissioner in advance, where possible, but in any case in writing, to his spouse, if any, or to his guardian, or to his parents if he is a minor, or to his nearest known relative or friend.
L.1965, c.59, s.69; amended 2010, c.50, s.41.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-84.3 - Temporary or indefinite transfers

30:4-84.3. Temporary or indefinite transfers
The transfers as heretofore provided may be temporary or indefinite; if temporary, the status of the individual shall be governed by the statutory provisions covering admission and discharge under which he was receiving care or treatment in the sending institution or service; if indefinite, the status of the individual shall be governed by the statutory provisions applicable to the receiving institution, to which he shall be considered to have been admitted in the same or most comparable class as that under which he was receiving care or treatment in the sending institution or service, unless a new court order shall supervene. Admission to any institution or service on indefinite transfer shall constitute discharge from the sending institution or service.
L.1965, c. 59, s. 73.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-85 - Transfers between correctional institutions; transfer to State prison; authority of commissioner; contracts with county institutions

30:4-85. Transfers between correctional institutions; transfer to State prison; authority of commissioner; contracts with county institutions
Any inmate of any correctional institution as classified in section 30:1-7 of this Title may be transferred to any other such correctional institution by order of the commissioner directing such transfer, either upon the application of the chief executive officer or upon the initiative of the commissioner.
No inmate of the State Home for Boys or the State Home for Girls shall be transferred to the State Prison.
Any inmate of the State Home for Boys of the age of 15 years may be transferred from such home to the reformatory at Annandale or, if over the age of 16 years, to the reformatory at Bordentown, and any inmate of the State Home for Girls, over the age of 16 years, may be transferred from such home to the women's reformatory at Clinton.
Any inmate of a correctional institution for males, as classified in section 30:1-7 of this Title, of the age of 18 years, may be transferred to the State Prison if it shall appear, to the satisfaction of the commissioner after recommendation by a special classification review board appointed by the State board from among members of the department central office staff, that such inmate cannot properly be confined in such institution and that his transfer will operate for the general benefit and welfare of the inmate population of the institution from which he is to be transferred.
The commissioner may also contract, under the direction of the State board and in behalf of any institution where an inmate to be transferred may be, with the various governing bodies of counties in this State for the amount to be paid for maintenance of inmates of correctional institutions to be maintained in such county institutions, after transfer thereto by order of the commissioner, for such amounts as may be approved by the State House Commission, and such payments shall be taken from and paid out of the appropriation made annually for the maintenance of such person or persons in the State institution from whence he is or shall be transferred, and the commissioner shall have power to make such transfer in such cases as in the case of other transfers provided for in this section. Such transfers shall be made in accordance with the formally adopted rules of the State board.
Persons transferred shall be subject to rules, regulations and discipline of the institution in which they are confined, except in so far as they conflict with the rules and regulations of the State board.
Amended by L.1948, c. 203, p. 1002, s. 1; L.1957, c. 93, p. 180, s. 1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-85.1 - Transfer of inmates

30:4-85.1. Transfer of inmates
Any inmate of any county jail, workhouse or penitentiary may be transferred to any appropriate existing correctional institution maintained by the State or which may hereafter be established or designated by the State board for the purposes herein provided. Such transfer shall be made on forms to be prescribed by the department, upon the request of the chief executive officer, warden or keeper of any county correctional institution or upon the initiative of the commissioner in accordance with the formally adopted rules and regulations of the State board, after recommendation by a special classification review board appointed by the State board from among members of the department's central staff that such transfer should be made. No such transfer shall be made to the State Prison nor shall any such transfer operate as authority for the detention of any person for a term in excess of that fixed by the original sentence or order of commitment.
By the same method, any inmate of a correctional institution maintained by the State, on the initiative of the commissioner, may be transferred, with the consent of the board of chosen freeholders, to an appropriate correctional institution in any one of the several counties.
In the event it is determined by the Commissioner of Corrections that a county jail, workhouse or penitentiary is not suitable or adequate to properly secure any inmate under sentence or charged with any criminal offense, he may transfer the inmate to any existing correctional institution maintained by the State, including the State Prison. The Commissioner of Corrections shall be empowered to determine a specific State correctional institution, including the State Prison, for the proper and secure incarceration of the inmate.
Any person so transferred may be retransferred to his place of original confinement or may be transferred to any existing jail, workhouse or penitentiary located in any one of the several counties. The cost of such transfer and the expense of maintaining the inmate in any State institution or an institution located in a county other than the county from which the inmate was originally committed and confined shall be borne by the State.
L. 1948, c. 204, p. 1004, s. 1. Amended by L. 1985, c. 165, s. 1, eff. May 10, 1985.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-86 - Custody of transferred persons; retransfer

30:4-86. Custody of transferred persons; retransfer
Any person transferred as provided in this article shall be held in the custody of the institution to which transfer is made, subject to the rules and regulations thereof and the provisions of law applicable thereto as though originally committed to such institution.
No order of transfer shall operate as authority for the detention of any person for a term in excess of that contemplated by the original sentence or order of commitment, and no person sentenced to a definite minimum term of imprisonment shall as a result of transfer be paroled or finally discharged before the expiration of such minimum term. If return to the institution of original transfer becomes necessary under the terms of this paragraph, the commissioner shall so determine and issue order of transfer accordingly.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-87 - Settlement of persons transferred; copies of records, etc., transferred; notice of transfers to freeholders

30:4-87. Settlement of persons transferred; copies of records, etc., transferred; notice of transfers to freeholders
Determination by the original order for commitment as to settlement and indigency shall apply to and govern upon the transfer of a patient or inmate. The rate of payment of maintenance shall be that fixed pursuant to law for the institution to which the patient or inmate is transferred. With the transfer there shall pass to the institution to which the inmate or patient is transferred copies of all records, papers and documents relating to the admission or commitment of the inmate or patient, medical records, securities for the payment of maintenance, and the like. If, for any reason, there has been no determination of settlement or indigency, these facts shall be determined as in an original application, upon the initiative of the chief executive officer of the institution in which such inmate or patient is when transfer is desired. Due notice of the transfer shall be given to the director of the board of chosen freeholders of the county in which such inmate or patient is determined to have a legal settlement, if any, of such transfer having been made.
Criminal insane shall be transferred to the house of detention for criminal insane established at the New Jersey State Hospital at Trenton.
Amended by L.1953, c. 208, p. 1564, s. 1, eff. July 1, 1953.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-88 - Prisoners conveyed by sheriffs; bills of costs

30:4-88. Prisoners conveyed by sheriffs; bills of costs
The sheriffs of the several counties shall convey to the several correctional institutions all prisoners sentenced or committed thereto within the time and in the manner provided for the transportation of prisoners sentenced to the state prison and be allowed therefor the same fees. The county clerks of the several counties shall deliver to the sheriffs certified copies of all bills of costs, including therein only charges for services actually rendered and commitments for all prisoners sentenced or committed to any of such institutions in the manner and within the time now prescribed in cases of conviction and sentence to the state prison.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-91 - Transfer of indigent nonresident patients

30:4-91. Transfer of indigent nonresident patients
Whenever it shall be made to appear to the board of managers of any of the state hospitals that any patient who shall have been or who shall be committed to any of such state hospitals as an indigent nonresident patient, has relatives living in any other state or foreign country, the commissioner shall arrange for the discharge of such patient and his transfer and delivery to such relatives in such state or foreign country, if the condition of the patient is such that such transfer and delivery can be made without danger, and shall discharge such patient and deliver him to such relatives, paying from the funds appropriated by law for such purpose the necessary expense attending such transfer.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-91.1 - Transfer to more appropriate institution or facility; authority of commissioner

30:4-91.1. Transfer to more appropriate institution or facility; authority of commissioner
When a person has been convicted of an offense against the State of New Jersey and has been committed for a term of imprisonment by a court to an institution defined in R.S. 30:1-7, and when it appears to the satisfaction of the Commissioner of Institutions and Agencies that the inmate should be transferred to an institution or facility more appropriate for his needs and welfare or that of other inmates or for the security of the institution, the commissioner shall be authorized and empowered to designate the place of confinement to which the inmate shall be transferred to serve his sentence.
L.1969, c. 22, s. 1, eff. April 23, 1969. Amended by L.1976, c. 35, s. 1, eff. June 15, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4-91.2 - Designation by commissioner or agent; facility defined

30:4-91.2. Designation by commissioner or agent; facility defined
The commissioner or his duly authorized agent, may designate as a place of confinement any available, suitable, and appropriate institution or facility whether owned by the State or otherwise, and may at any time transfer a person from one place of confinement to another.
The word "facility" shall include private nonprofit community-based residential treatment centers which provided for the care, custody, subsistence, education, training and welfare of inmates.
Any such private nonprofit community-based residential treatment center must be certified annually by the commissioner as a secure and appropriately supervised place of confinement.
L.1969, c. 22, s. 2, eff. April 23, 1969. Amended by L.1976, c. 35, s. 2, eff. June 15, 1976.