reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 39 - OFFICE OF THE PUBLIC DEFENDER › Subchapter 3 - FEES FOR SERVICE › Section 17:39-3.1 - Office of the Public Defender fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
2A:158A-7(j)
, 16, and 19, the Office of the Public Defender (OPD) will charge its
				clients for the cost of attorney services, investigation, expert witnesses, and
				other actual costs of representation.
(b) In all cases, the Office of the Public
				Defender will charge its clients a flat fee based on the case type and/or
				degree of crime. These rates will apply to all attorney and investigator
				services, including any litigation (experts and transcripts) expenses, provided
				by the OPD to provide representation to its clients pursuant to
2A:158A-7(d)
. As used in this subsection, "day" shall mean any court day during
				which any portion of the trial takes place to include jury selection at the
				front end and deliberations at the back end. The billing rates used in criminal
				cases are as follows:
1. Criminal Court
				(Adult):
i. Clients charged with 1st and 2nd
				degree crimes:
(1) Pre-indictment
				disposition: $ 250.00;
(2)
				Post-indictment disposition: $ 500.00;
(3) Trial (up to five days): $ 750.00;
				and
(4) Trial (every three days
				beyond initial five): $ 500.00; and
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 1 - GENERAL PROVISIONS › Section 17:40-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall constitute the Governor's Council on
				  Alcoholism and Drug Abuse's rules governing the establishment of the Alliance
				  to Prevent Alcoholism and Drug Abuse, Local Advisory Committees on Alcoholism
				  and Drug Abuse, County Alliance Steering Subcommittees, and Municipal Alliance
				  Committees. These rules shall also govern the distribution of grants to
				  counties and municipalities for alcohol and drug abuse programs established
				  under the Alliance to Prevent Alcoholism and Drug Abuse.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 1 - GENERAL PROVISIONS › Section 17:40-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
				  Council, the Alliance, LACADAs, County Alliance Steering Subcommittees and
				  Municipal Alliance Committees to discharge their Statutory functions under
				  N.J.S.A. 26:2BB-1 et seq. and
				  26:2B-32 et seq.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 1 - GENERAL PROVISIONS › Section 17:40-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Alcoholism" means the chronic, habitual, or periodic
				  consumption of alcohol beverages to the extent that such use substantially and
				  progressively injures the health, interferes with social or economic
				  functioning in the community or results in the loss of self-control with
				  respect to the use of such beverages.
"Alliance" means the Alliance to Prevent Alcoholism and Drug
				  Abuse created in the Governor's Council on Alcoholism and Drug Abuse.
"Alliance coordinator" means the individual designated by the
				  county to coordinate all activities of the County Alliance Steering
				  Committee.
"Arrests" means all arrests reported in the New Jersey
				  Uniform Crime Report, most current to the funding formula calculation.
"Collection rate" means the amount of DEDR fines collected
				  divided by the amount assessed.
"Council" means the Governor's Council on Alcoholism and Drug
				  Abuse (GCADA).
"County Alliance Steering Subcommittee" means the
				  subcommittee established by each Local Advisory Committee on Alcoholism and
				  Drug Abuse pursuant to N.J.S.A. 26:2BB-8.
"DEDR Funds" means the Mandatory Drug Enforcement and Demand
				  Reduction Penalties established by
				  2C:35-15 et seq.
"Drug abuse" means the regular use of a controlled dangerous
				  substance and/or licit psychoactive substances that affect the central nervous
				  system resulting in persistent or recurrent psychological, physical, social,
				  legal, or occupational problems.
"Income" means the three-year average per capita income in
				  the county or the State, according to the U.S. Bureau of the Census estimates
				  most current to the funding formula calculation.
"LACADA" means the Local Advisory Committee on Alcoholism and
				  Drug Abuse established pursuant to
				  26:2B-33.
"Matching funds" means a percentage or designated amount of
				  funds required as a cost sharing for grants awarded by the Council.
"Municipal Alliance Committee" means the committee
				  established by the governing body of a municipality pursuant to N.J.S.A.
				  26:2BB-9.
"Need" means the estimates of the prevalence of alcoholism
				  and drug addiction, established by the New Jersey Department of Human Services
				  most current to the funding formula calculation.
"Population" means the county or State population, according
				  to the US Bureau of the Census estimates most current to the funding formula
				  calculation.
"Youth" means all persons in the county or State up to, but
				  not including, the age of 18, according to the US Bureau of the Census
				  population estimates most current to the funding formula calculation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 1 - GENERAL PROVISIONS › Section 17:40-1.4 - Duties and responsibilities of the Governor's Council on Alcoholism and Drug Abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council is authorized and empowered
				to:
1. Review and coordinate all State
				departments' efforts in regard to the planning and provision of treatment,
				prevention, research, evaluation, and education services for, and public
				awareness of, alcoholism and drug abuse;
2. Prepare by July 1 of each year, the State
				government component of the Comprehensive Statewide Alcoholism and Drug Abuse
				Master Plan for the treatment, prevention, research, evaluation, education and
				public awareness of alcoholism and drug abuse in this State, which plan shall
				include an emphasis on prevention, community awareness, and family and youth
				services;
3. Review each County
				Alliance Annual Plan and the recommendations of the Division of Mental Health
				and Addiction Services in the Department of Human Services for awarding the
				Alliance grants and, by October 1 of each year, return the plan to the Local
				Advisory Committee on Alcoholism and Drug Abuse with the Council's proposed
				recommendations for awarding Alliance grants;
4. Submit to the Governor and the Legislature
				by December 1 of each year the Comprehensive Statewide Alcoholism and Drug
				Abuse Master Plan, which shall include recommended appropriate allocations to
				State departments, local governments and local agencies and service providers
				of all State and federal funds for the treatment, prevention, research,
				evaluation, education and public awareness of alcoholism and drug abuse in
				accordance with the regular budget cycle, and shall incorporate and unify all
				State, county, local and private alcohol and drug abuse initiatives;
5. Distribute grants, upon the recommendation
				of the Executive Director of the Council, by August 1 of each year to counties
				and municipalities for alcohol and drug abuse programs established under the
				Alliance to Prevent Alcoholism and Drug Abuse;
6. Evaluate the existing funding mechanisms
				for alcoholism and drug abuse services and recommend to the Governor and the
				Legislature any changes which may improve the coordination of services to
				citizens in this State;
7.
				Encourage the development or expansion of employee assistance programs for
				employees in both government and the private sector;
8. Evaluate the need for, and feasibility of,
				including other addictions, such as smoking and gambling, within the scope and
				responsibility of the Council; and
9. Collect from any State, county, local
				governmental entity or any other appropriate source data, reports, statistics
				or other materials which are necessary to carry out the Council's
				functions.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 2 - ALLIANCE TO PREVENT ALCOHOLISM AND DRUG ABUSE › Section 17:40-2.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A. 26:2BB-7a, an Alliance to Prevent Alcoholism and Drug Abuse was
				created in the Council. The purpose of the Alliance is to create a network,
				comprised of all the communities in New Jersey, which is dedicated to a
				comprehensive and coordinated effort against alcoholism and drug
				abuse.
(b) The Alliance shall be a
				mechanism both for implementing policies to reduce alcoholism and drug abuse at
				the municipal level, and for providing funds, including moneys from mandatory
				penalties on drug offenders, to member communities to support appropriate
				county and municipal-based alcohol and drug abuse education and public
				awareness activities.
(c) The
				Alliance shall be comprised of all LACADAs, County Alliance Steering
				Subcommittees and Municipal Alliance Committees established under N.J.S.A.
				26:2BB-1 et seq.,
				26:2B-32 et seq., and this
				chapter.
(d) Alliance members, in
				accordance with N.J.S.A. 26:2BB-1 et seq., 26:2B-32 et seq. and this chapter,
				may be awarded grants by the Governor's Council for the purpose of developing:
1. Organized and coordinated efforts
				involving schools, law enforcement, business groups and other community
				organizations for the purpose of reducing alcoholism and drug abuse;
2. In cooperation with local school
				districts, comprehensive and effective alcoholism and drug abuse education
				programs in grades K through 12;
3.
				In cooperation with local school districts, procedures for the intervention,
				treatment and discipline of students abusing alcohol or drugs;
4. Comprehensive alcoholism and drug abuse
				education, support and outreach efforts for parents in the community;
				and
5. Comprehensive alcoholism and
				drug abuse community awareness programs.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 2 - ALLIANCE TO PREVENT ALCOHOLISM AND DRUG ABUSE › Section 17:40-2.2 - County Alliance Steering Subcommittees; membership; meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each LACADA
				established pursuant to
				26:2B-33 shall establish a County
				Alliance Steering Subcommittee.
(b)
				Each County Alliance Steering Subcommittee shall include broad representation
				from the county. The members of the Subcommittee shall include, but shall not
				be limited to, private citizens and representatives of the following:
1. The LACADA;
2. The county Human Services Advisory
				Council;
3. The county
				superintendent of schools;
4. The
				existing county council on alcoholism, if any;
5. The county prosecutor's office;
6. Family Part of the Chancery Division of
				the Superior Court;
7. The Youth
				Services Commission;
8. The county
				school board association;
9. The
				county health agency;
10. The
				county mental health agency;
11.
				Local businesses;
12. The county
				affiliate of the New Jersey Education Association;
13. The Parent-Teacher Association (PTA) or
				Parent-Teacher Organization (PTO); and
14. Other service providers.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 2 - ALLIANCE TO PREVENT ALCOHOLISM AND DRUG ABUSE › Section 17:40-2.3 - Functions of the County Alliance Steering Subcommittee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				functions of the County Alliance Steering Subcommittee shall include:
1. Development and submission of a County
				Annual Alliance Plan for the expenditure of DEDR funds;
2. Development of programs and fiscal
				guidelines consistent with Council directives for the awarding of funds to
				counties and municipalities for drug and alcohol Alliance activities;
3. Identification of a network of community
				leadership for the expansion, replication and development of successful
				community model programs throughout the county;
4. Coordination of projects among and within
				municipalities to assure cost effectiveness and avoid fragmentation and
				duplication;
5. Establishment of a
				cooperative relationship with the County Youth Services committee in regard to
				the development of Municipal Alliances;
6. Provision of ongoing training to both
				itself and municipal-member alliance committees; and
7. Development of a County Alliance Plan
				incorporating the Municipal Alliance Strategic Plans for submission by October
				of each year to the Governor's Council on Alcoholism and Drug Abuse.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 2 - ALLIANCE TO PREVENT ALCOHOLISM AND DRUG ABUSE › Section 17:40-2.4 - Municipal Alliance Committees; membership; bylaws, meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Municipalities,
				in compliance with the standards set forth herein, may become members of the
				Alliance effort and may become eligible to receive State funds to assist the
				programs developed in their community.
(b) The governing body of each municipality
				may appoint a Municipal Alliance Committee, or join with one or more
				municipalities to appoint a Municipal Alliance Committee.
(c) Members of the Municipal Alliance
				Committee may be appointed by the governing body of the municipality. Each
				Committee shall include broad representation from the local community.
				Membership may include, but is not limited to:
1. The governing body's appointed
				representative;
2. The chief of
				police;
3. The President of the
				school board;
4. The superintendent
				of schools;
5. A student assistance
				coordinator;
6. A representative of
				the Parent-Teacher Association;
7.
				A representative of the local bargaining unit for teachers;
8. A representative of the Chamber of
				Commerce;
9. A representative from
				the local court system;
10. A
				representative of local civic associations;
11. Representatives of local religious
				groups;
12. Individuals who have
				been impacted by alcoholism and/or drug abuse, including individuals who have
				been directly affected by their own, or family's member's abuse or
				addictions;
13. Representatives of
				labor unions;
14. Representatives
				of the media;
15. Private citizens
				with interest or experience in issues concerning alcohol and/or drug abuse;
				and/or
16. Representatives of
				public and private organizations involved in treatment of alcohol and drug
				related problems.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 2 - ALLIANCE TO PREVENT ALCOHOLISM AND DRUG ABUSE › Section 17:40-2.5 - Functions of the Municipal Alliance Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Municipal
				Alliance Committee, in consultation with the Local (County) Advisory Committee
				on Alcoholism and Drug Abuse, shall identify alcoholism and drug prevention,
				education, and community needs.
(b)
				The Municipal Alliance Committee shall implement the Alliance programs
				formulated pursuant to N.J.S.A. 26:2BB-8.
(c) The Municipal Alliance Committee may
				apply for funding through the procedures described in this chapter.
(d) The Municipal Alliance Committee shall
				also be responsible for:
1. Organizing and
				coordinating efforts involving schools, law enforcement, business groups and
				other community organizations for the purpose of reducing alcoholism and drug
				abuse;
2. In cooperation with local
				school districts, developing comprehensive and effective alcoholism and drug
				abuse education programs in grades K through 12;
3. In cooperation with local school
				districts, developing procedures for the intervention, referral to treatment
				and discipline of students abusing alcohol or drugs;
4. Developing comprehensive alcoholism and
				drug abuse education support and outreach efforts for parents in the
				community;
5. Developing
				comprehensive alcoholism and drug abuse community awareness programs;
6. Creating a network of community leaders,
				private citizens, and representatives of public and private human service
				agencies who will make a comprehensive and coordinated effort to promote and
				support drug and alcohol prevention and education programs and related
				activities with an emphasis on youth;
7. Conducting an assessment of their
				community to determine the needs of the community in relation to alcoholism and
				drug abuse issues;
8. Identifying
				existing efforts and services acting to reduce alcoholism and drug
				abuse;
9. Coordinating projects
				within the municipality to avoid fragmentation and duplication;
10. Developing programs to be implemented at
				the municipal level or participating in regionally-developed programs that
				accomplish the purpose of the Alliance effort and the purposes of the Municipal
				Alliance Committee;
11. Assisting
				the municipality in acquiring funds for Alliance programs, including the
				establishment of a permanent, standing subcommittee on fundraising;
12. The Municipal Alliance Committee shall
				keep such records and provide such information to the Governor's council as may
				be required for fiscal audit; and
13. Cooperating with the Governor's Council
				on Alcoholism and Drug Abuse and the Alliance Steering Subcommittee of the
				County Local Advisory Committee on Alcoholism and Drug Abuse to provide
				municipal data, reports or other information which may be required for the
				County Alliance Plan or needed to assist the Alliance effort.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 2 - ALLIANCE TO PREVENT ALCOHOLISM AND DRUG ABUSE › Section 17:40-2.6 - Development of the Municipal Alliance Network

Current through Register Vol. 56, No. 14, July 15, 2024
Cooperative relationships are necessary to effectively
				  develop the Municipal Alliance Network, to maximize coordination and avoid
				  duplication of efforts, and to assure effective use of resources, including
				  volunteers and funds. Therefore, each municipality should determine how best to
				  work with and/or join municipal groups, such as drug and alcohol task forces,
				  municipal youth services commissions, youth task forces or other groups
				  compatible with the purposes and functions of the Alliance. These
				  interrelationships may involve shared memberships, joint subcommittees or
				  joined groups.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 3 - FUNDING FOR ALLIANCE PROGRAMS › Section 17:40-3.1 - Overview of the funding process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mandatory drug
				enforcement and demand reduction (DEDR) penalties imposed in drug-related
				offenses are collected by the courts, Probation and the Department of
				Corrections and are deposited into the Drug Enforcement Demand Reduction Fund.
				In addition, any amounts collected pursuant to the "alcoholic beverage tax law"
				(at 54:43-1.3 ) from issuing a
				restricted brewery license shall be credited to the Governor's Council on
				Alcoholism and Drug Abuse to be allocated exclusively to the Alliance to
				Prevent Alcoholism and Drug Abuse for the purpose of awarding grants to
				municipalities and counties.
(b)
				DEDR funds may be released by the Governor's Council on Alcoholism and Drug
				Abuse to counties, contingent upon submission and approval of a County Annual
				Alliance Plan. Following the establishment of a Municipal Alliance Committee, a
				municipality may apply for these funds through the Municipal Alliance Strategic
				Plan process initiated annually through the County Local Advisory Committee on
				Alcoholism and Drug Abuse/Alliance Steering Subcommittee. Funds will be
				released to municipalities only upon approval of the proposal by the
				Council.
(c) It is the Council's
				intention that the DEDR funds be used primarily for programs in municipalities
				which are members of the Alliance and for the County Alliance Coordinator
				established by this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 3 - FUNDING FOR ALLIANCE PROGRAMS › Section 17:40-3.2 - Municipal Alliance Strategic Plan application contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Municipal Alliance Strategic Plan application form shall be developed annually
				by the Council and shall include the following:
1. The Strategic Plan for Funding Municipal
				Alliances shall include:
i. A statement of
				assurances;
ii. Fiscal
				requirements;
iii. Alliance vision
				and mission statements;
iv. The
				Alliance Committee membership list;
v. The Alliance logic model;
vi. The Alliance Committee capacity
				assessment;
vii. The Alliance
				Coordination Plan;
viii. Alliance
				Action Plan;
ix. The Alliance
				budget; and
x. A sample municipal
				resolution.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 3 - FUNDING FOR ALLIANCE PROGRAMS › Section 17:40-3.4 - Acceptance of grants through the RFP process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accepting a
				grant of DEDR funds from the Governor's Council, the grantee (municipality)
				must agree to abide by the following conditions:
1. The grantee agrees to repay to the
				Council's fund any portion of the amount granted which is not used for purposes
				of the grant at the end of the contract term;
2. The grantee shall submit detailed and
				accurate accounting, in a form prescribed by the Council, of all expenditures
				made under the grant;
3. The
				grantee shall submit periodic reports, in a form prescribed by the Council, of
				the progress made in accomplishing the purpose of the grant; and
4. The grantee shall be prohibited from using
				the grant funds to undertake any activity not in accordance with the purpose of
				the grant as approved by the Council.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 3 - FUNDING FOR ALLIANCE PROGRAMS › Section 17:40-3.5 - Matching funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funds disbursed
				by the Council to grantees shall not supplant local funds that would have
				otherwise been available for alcoholism and drug abuse initiatives.
(b) Each Municipality Alliance Committee
				receiving DEDR funds from the Council shall develop a comprehensive plan to
				provide matching funds equivalent to the amount of the grant award, with a
				minimum to be established by the Governor's Council on an annual basis as part
				of the RFP process.
(c) Each
				Municipal Alliance Committee is encouraged to fundraise and may establish a
				fundraising subcommittee.
(d) The
				comprehensive plan for providing matching funds may include, but is not limited
				to, the following:
1. The donation of the use
				of municipal property at a fair market value to the project;
2. Time, as reflected by salary and wages, of
				municipal and private sector employers who perform services in accord with the
				project;
3. Complimentary (public
				service) advertising on local media, such as newspapers, radio and cable
				television, above the level of standard public service requirements;
4. Organized community benefits focused on
				the Alliance, which utilize celebrities, sports figures or experts in the field
				of addictions, who donate their services;
5. Direct appeal to local
				residents;
6. Solicitations to
				business and industry for donations;
7. Activities to raise funds which have the
				potential for bringing a significant number of community persons together, such
				as runs, walks, bake sales, and car washes; and
8. The donation of printing and other mass
				reproductions of materials to carry the anti-alcohol and drug abuse message to
				the community.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 40 - RULES OF THE GOVERNOR'S COUNCIL ON ALCOHOLISM AND DRUG ABUSE › Subchapter 3 - FUNDING FOR ALLIANCE PROGRAMS › Section 17:40-3.6 - Annual funding formula

Current through Register Vol. 56, No. 14, July 15, 2024
Drug Enforcement Demand Reduction funds, as appropriated,
				  will be distributed by the Council in accordance with the following
				  formula:
Data in
				  image
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:41-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Within the Office is the State Long-Term Care Ombudsperson,
				  whose duty is to receive, investigate, and resolve complaints concerning
				  certain health-care facilities serving the elderly, to oversee programs within
				  the Office, and to initiate actions to secure, preserve, and promote the
				  health, safety, and welfare, and the civil and human rights, of the elderly
				  patients, residents, and clients of such facilities. The Ombudsperson for the
				  Institutionalized Elderly has been designated the State Long-Term Care
				  Ombudsman pursuant to and in accordance with the provisions of
42
				  U.S.C. §§
											3058 g
et seq.
				  The Office of the Ombudsperson for the Institutionalized Elderly is responsible
				  for securing, preserving, and promoting the health, safety, and welfare of New
				  Jersey's elderly population, through investigations of abuse, neglect, and
				  exploitation; legislative and regulatory advocacy; policy work; and education
				  and outreach.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:41-1.4 - Complaint procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a
				complaint identifies the complainant, the Office shall acknowledge receipt of
				all complaints by letter, facsimile, telephone, or e-mail. If the Office does
				not have jurisdiction, the Office shall so advise the person making the
				complaint and shall promptly refer the complaint and/or complainant, to the
				appropriate government agency.
(b)
				Upon receiving and acknowledging a complaint, the Office shall investigate any
				act, practice, policy or procedure of any facility or government agency that
				does or may adversely affect the health, safety, welfare or civil or human
				rights of any resident of a facility.
(c) The Office need not investigate any
				complaint where it determines that:
1. The
				complaint is trivial, frivolous, vexatious or not made in good faith;
2. The complaint has been too long delayed to
				justify present investigation;
3.
				The resources available, considering the Office's established priorities, are
				insufficient for an adequate investigation; or
4. The matter complained of is not within the
				investigatory authority of the Office.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:41-1.5 - Reporting requirements and complaint procedures under the Mandatory Adult Abuse and Exploitation Reporting Law, N.J.S.A. 52:27G-7.1 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any caregiver,
				social worker, physician, registered or licensed practical nurse, managed care
				organization representative, managed care organization care manager, or other
				professional, who, as a result of information obtained in the course of his or
				her employment, has reasonable cause to suspect or believe that an
				institutionalized elderly person is being or has been abused or exploited,
				shall report such information to the Office within one business day from the
				time when such individual acquired such information. Any other person having
				reasonable cause to suspect or to believe that an elderly person is being or
				has been abused or exploited may report such information to the Ombudsperson or
				to the person designated by the Ombudsperson to receive such report.
(b) Any report of actual or suspected elderly
				abuse or exploitation shall be made verbally or in writing and shall contain,
				if known:
1. The name, address and age of the
				elderly person who is the subject of the suspected abuse or
				exploitation;
2. The name of the
				person accused of committing the alleged abuse or exploitation;
3. The name and address of the facility
				involved;
4. A description of the
				nature of the suspected abuse or exploitation;
5. The date, time and specific location of
				the occurrence;
6. The name and
				address of any witness to the suspected abuse or exploitation; and
7. Any other information which might be
				helpful in an investigation of the case and the protection of such elderly
				person.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:41-1.6 - Confidentiality of information; privileged communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office shall maintain confidentiality
				with respect to all matters in relation to any complaint or investigation,
				together with the identities of the complainants, witnesses or residents
				involved, unless such persons authorize, in writing, the release of such
				information, except for such disclosures as the Ombudsperson deems necessary to
				enable the Office to perform its duties and to support any opinions or
				recommendations that may result from a complaint or investigation. The
				investigatory files of the Office, including all complaints and responses of
				the Office to complaints, shall be maintained as confidential information.
				Release of pertinent records shall be at the discretion of the
				Ombudsperson.
(b) Any statement or
				communication made by the Office relevant to a complaint received by,
				proceedings before, or investigative activities of, the Office, and any
				complaint or information made or provided in good faith by any person, shall be
				absolutely privileged and such privilege shall be a complete defense in any
				action which shall allege libel or slander.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:41-1.7 - Prohibition of discriminatory, disciplinary or retaliatory action

Current through Register Vol. 56, No. 14, July 15, 2024
No discriminatory, disciplinary or retaliatory action shall
				  be taken against any officer or employee of a facility or government agency by
				  such facility or government agency, or against any resident of a facility or
				  guardian or family member thereof, or independent contractor providing care or
				  services to a resident, or volunteer, for any communication by him or her with
				  the Office or for any information given or disclosed by him or her in good
				  faith to aid the Office in carrying out its duties and
				  responsibilities.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:41-1.8 - Hindrance of Office or refusal to comply; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who willfully hinders the lawful actions of the
				  Office or willfully refuses to comply with any of its lawful demands, including
				  the demand of immediate entry into and inspection of a facility or government
				  agency or the demand of immediate access to a resident thereof, shall be fined
				  up to $ 5,000. In the event that, within 30 days of notice of assessment of
				  such fine, such person requests a hearing, the Ombudsperson shall afford said
				  person the right to a hearing in accordance with the Administrative Procedure
				  Act,
				  N.J.S.A.
				  52:14B-1 et seq. and 52:14F-1 et seq., and
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Such penalty shall be
				  collected and enforced by the Office in a summary proceeding brought pursuant
				  to the Penalty Enforcement Law, N.J.S.A. 2A:58-1et seq., upon complaint of the
				  Office or any other person. Each violation of this section shall constitute a
				  separate offense.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:41-1.9 - Volunteer Advocate Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Ombudsperson shall develop programs for use, training, and coordination of
				volunteers and shall also be responsible for the development of policies and
				procedures for the administration of the Volunteer Advocate Program. These
				Volunteer Advocates shall serve to promote the well-being and quality of life
				of residents of long-term care facilities and will act as the Ombudsperson's
				representatives in the long-term care facility to which they are assigned. They
				shall be trained and certified by the Ombudsperson's Office and supervised by a
				Statewide Volunteer Coordinator.
(b) The Ombudsperson, through the Statewide
				Volunteer Coordinator, shall coordinate the efforts of the Volunteer Advocate
				Program for the Office with all relevant government agencies and with the
				administrators of such private facilities as may be deemed appropriate to
				ensure coordination and to avoid duplication of effort, so that the Volunteer
				Advocate Program will genuinely serve the interests of the institutionalized
				elderly without disrupting the legitimate function of any facility.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 17:41-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to clarify the Office's role in circumstances involving
				proposals to withhold or to withdraw life-sustaining treatment for residents of
				facilities, pursuant to guidelines set forth by the New Jersey Supreme Court in
				the cases of
Matter of Farrell, 108 N.J. 335 (1987), Matter of Peter,
				108 N.J. 365 (1987), Matter of Jobes, 108 N.J. 394 (1987),
and
Matter of Conroy, 98 N.J. 321 (1985).
The Office views its
				role as being two-fold:
1. To oversee the
				processes established by the Court in Peter and in Conroy; and
2. To assist the institutionalized elderly,
				their families and friends, legal representative and legal guardians, their
				healthcare providers, and the facilities in which they reside in making
				life-sustaining treatment decisions that fully express the wishes of the
				resident.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 17:41-2.4 - Procedure for residents incapable of making healthcare decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless one or
				more of the circumstances set forth in
				17:41-2.3(d) 
				apply, the surrogate decision-maker for the resident shall notify the Office,
				in writing, of a contemplated decision to withhold or to withdraw
				life-sustaining treatment from the resident.
(b) The resident's attending physician or
				advanced practice nurse shall provide to the Office, in writing, evidence of
				the resident's condition.
(c) The
				Office shall advise the facility administrator, in writing, of the proposal to
				withhold or to withdraw life-sustaining treatment.
(d) The Office shall then inquire into the
				resident's intent, if any, pertaining to the proposal to withhold or to
				withdraw the life-sustaining treatment. In making its intent inquiry, the
				Office shall:
1. Inquire into whether there
				exists any declaration or designation including an oral declaration or
				designation;
2. Make reasonable
				efforts to interview the resident's family and friends, the attending
				physician, healthcare providers, employees of the facility at which the
				resident is residing, and others having knowledge of the resident's intent;
				and
3. Do anything that the Office,
				in its discretion, deems necessary to discover the resident's intent.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 17:41-2.5 - Use of "Do Not Resuscitate" orders in facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Do Not Resuscitate" orders ("DNRs") are
				orders written by a physician or advanced practice nurse in collaboration with
				a physician, which must be made part of the resident's medical record in the
				same way as any other order.
(b)
				DNRs can be appropriately utilized in a facility, provided the following
				safeguards are employed:
1. Prior to writing
				a DNR, the attending physician or advanced practice nurse after consultation
				with the attending physician shall:
i.
				Discuss the circumstances surrounding his or her decision to enter such an
				order with the resident, or if the resident is incapacitated, with the
				resident's surrogate decision-maker or health care proxy, as
				appropriate;
ii. If a resident has
				a court appointed guardian, consult with that guardian before the DNR order is
				written;
iii. If there is no
				surrogate decision maker, designated proxy, or guardian, the physician or
				advanced practice nurse shall exercise his or her best professional judgment
				regarding the order, and may seek consultation with the Ombudsperson or a
				regional long-term care ethics committee;
iv. Document the above-referenced
				discussions; and
v. Document the
				resident's medical history, diagnosis, prognosis as they relate to the
				DNR.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 41 - OFFICE OF THE OMBUDSPERSON FOR THE INSTITUTIONALIZED ELDERLY PRACTICE AND PROCEDURE RULES › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 17:41-2.6 - Use of "Do Not Hospitalize" orders in facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Do Not Hospitalize" orders ("DNHs") are
				orders written by a physician or advanced practice nurse in collaboration with
				a physician, which must be made part of the resident's medical record in the
				same way as any other order.
(b)
				DNHs can be appropriately utilized in a facility, provided the following
				safeguards are employed:
1. Prior to writing
				a DNH, the attending physician or advanced practice nurse after consultation
				with the attending physician shall:
i.
				Discuss the circumstances surrounding his or her decision to enter such an
				order with the resident, or if the resident is incapacitated, with the
				resident's surrogate decision-maker or Health Care Proxy, as
				appropriate;
ii. If a resident has
				a court appointed guardian, consult with that guardian before the DNH order is
				written;
iii. If there is no
				surrogate decision maker, designated proxy, or guardian, the physician or
				advanced practice nurse shall exercise his or her best professional judgment
				regarding the order, and may seek consultation with the Ombudsperson or a
				regional long-term care ethics committee;
iv. Document the above-referenced
				discussions; and
v. Document the
				resident's medical history, diagnosis, prognosis as they relate to the
				DNH;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.1 - HESAA's responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
The Higher Education Student Assistance Authority (HESAA)
				  shall maintain a list of individuals covered by
				  P.L.
				  1997, c. 306. The list
				  shall include the individual's name and social security number, plus the amount
				  of the Federally guaranteed loan balance in default or State student loan
				  balance in default. The list shall be updated at least monthly to show new
				  individuals or obligations and to show payment or satisfaction of amounts
				  outstanding.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.2 - Lottery's responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of State Lottery (Lottery) shall maintain a
				  list of winners of prizes in amounts in excess of $ 1,000. The list shall
				  include the winners' names, addresses, social security numbers and amounts won.
				  The list shall be updated weekly.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.3 - OIT's responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
On a weekly basis, the Office of Information Technology
				  (OIT) shall perform a computer match of the data on the two lists described in
				  17:43-1.1 and 1.2 to ascertain the
				  existence of a social security number match and shall notify both the Higher
				  Education Student Assistance Authority (HESAA) and the Division of State
				  Lottery (Lottery) of the existence of any such match or of the fact that no
				  matches were found from the given comparison. If matches are found, OIT shall
				  transmit a list to each agency including the individual's name, address, social
				  security number, lottery prize and student loan balance in default. No lottery
				  prize in excess of $ 1,000 shall be disbursed by the Department of the Treasury
				  until results of a match involving that prize payment have been determined. In
				  case of annuity prizes where the first installment has not been paid, the match
				  will be conducted on an expedited basis, directly between HESAA and Lottery. If
				  the first installment exceeds the lien, a net check can be given to the winner
				  immediately along with information concerning the amount withheld from
				  immediate distribution and the procedures which the debtor must follow to
				  request a hearing by HESAA.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.4 - Prize disbursement restriction

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of notice from the Office of Information
				  Technology that a social security number match has been made, neither the
				  Division of State Lottery nor the Department of the Treasury shall disburse the
				  lottery prize (except a first annuity installment as described in
				  17:43-1.3 ) until notified that
				  the hearing procedures set forth in this subchapter have been completed or that
				  no hearing has been timely requested. Lottery prizes of more than $ 5,000 shall
				  first be subjected to Federal income tax withholding before any other setoffs,
				  deductions or set-asides under these rules. Lottery prizes in excess of $ 1,000
				  shall also be subjected to offset described in N.J.A.C. 17:42 before any
				  setoffs, deductions or set-asides under these rules.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.5 - Notice of prize withholding

Current through Register Vol. 56, No. 14, July 15, 2024
Within 14 days of notification by the Office of Information
				  Technology that a social security number match has been found to exist, the
				  Higher Education Student Assistance Authority (HESAA) shall cause written
				  notice to be sent to the subject of the match by first class mail. Such notice
				  shall inform the individual that the match has been found to exist, that
				  payment of the lottery prize is being withheld, that he or she has the right to
				  make a request within 14 days of the date of the notice for a hearing on the
				  debt and the proposed setoff, and that if no such request is timely received,
				  the Department of the Treasury will transmit the withheld money, up to the
				  amount owed, to HESAA.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.6 - Treasury action following notice of prize withholding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No later than
				20 days from the date of the notice to the debtor, the Higher Education Student
				Assistance Authority (HESAA) shall notify the Department of the Treasury
				(Treasury) and the Division of State Lottery of any request by the debtor for a
				hearing, of the failure of the debtor to make such request or of the
				satisfaction of the debt. Such information shall allow Treasury to:
1. Maintain the account on a hold status if a
				hearing has been requested;
2.
				Transmit the debt to HESAA, where the debtor has not made a timely request for
				a hearing or where a hearing request is made but subsequently withdrawn;
				or
3. Release the prize check to
				the winner if the debt has been satisfied.