reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 4 - MENTAL HEALTH SERVICES › Section 10A:16-4.4 - Inmate/therapist confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Confidential relations between and among mental health practitioners and individuals or groups in the course of practice are privileged communications and not to be disclosed to any person.
(b) The following exceptions to privileged communications are applicable only in situations which present a clear and imminent danger to the inmate or others:
1. Where the inmate discloses planned action which involves a clear and substantial risk of imminent serious injury, disease or death to the inmate or other identifiable persons;
2. Where an escape plan is disclosed to the mental health practitioner;
3. Where drug trafficking for profit or illicit influence on others, involving Controlled Dangerous Substances (C.D.S.) or drug paraphernalia, presents a clear and imminent danger to the inmate or other identifiable persons;
4. Where the inmate discloses suicide plans or other life threatening behavior; and/or
5. Where the inmate discloses a past, previously unreported murder, aggravated sexual assault (meaning those offenses set forth in 2C:14-2(a)  ) or arson which resulted in a death, under circumstances which present a clear and imminent danger to other identifiable persons.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 4 - MENTAL HEALTH SERVICES › Section 10A:16-4.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Documentation shall be made of the mental health services provided. Records kept of the mental health services shall include, but are not limited to:
1. Identifying data;
2. Date of service;
3. Types of services; and
4. Action taken.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 5 - INFORMED CONSENT TO PERFORM MEDICAL, DENTAL OR SURGICAL TREATMENT › Section 10A:16-5.1 - Express written consent required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The express written consent of the inmate shall be required for:
1. Surgery;
2. Invasive procedures; and
3. Medical and dental procedures governed by informed consent standards in the community.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 5 - INFORMED CONSENT TO PERFORM MEDICAL, DENTAL OR SURGICAL TREATMENT › Section 10A:16-5.2 - Exception to inmates 18 years or older written consent requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written consent shall not be required in the case of inmates (18 years or older) in the following circumstances:
1. In a case certified by a licensed physician or dentist to be one of grave emergency which requires immediate surgical intervention or other treatment in order to prevent the death of, or serious consequences to such inmate; and
2. In any case in which a court of competent jurisdiction has determined that the inmate is incompetent to give informed consent on the inmate's own behalf, or is otherwise ordered to undergo treatment (see 10A:16-5.4 ).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 5 - INFORMED CONSENT TO PERFORM MEDICAL, DENTAL OR SURGICAL TREATMENT › Section 10A:16-5.3 - Inmate treatment refusal

Current through Register Vol. 56, No. 14, July 15, 2024
In every case in which the inmate, after having been informed of the condition and the treatment prescribed, refuses treatment, this refusal shall be recorded on the EHR Consent for Treatment form in the space provided. Medical staff shall advise the inmate of the possible known medical/dental consequences and risks of such refusal.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 5 - INFORMED CONSENT TO PERFORM MEDICAL, DENTAL OR SURGICAL TREATMENT › Section 10A:16-5.4 - Special medical guardianship of inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The mental health staff shall evaluate an inmate for whom there is a reasonable suspicion that the inmate may require a special medical guardianship. Evaluation documentation shall be recorded in the EHR and a copy placed in the MRF.
(b) The appropriate Department of Corrections staff shall consider the necessity of initiating the guardianship process based upon the mental health evaluation and all other required information and shall follow the guidelines and procedures set forth by New Jersey Court Rule 4:86-12, Special Medical Guardianship.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 6 - PREGNANT INMATES › Section 10A:16-6.1 - Care of pregnant inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections shall provide a pregnant inmate with medical and social services, which shall include:
1. Prenatal medical evaluation and care;
2. Nutritional supplements and diet as prescribed by the physician;
3. Counseling regarding:
i. Family planning;
ii. Birth control;
iii. Test results;
iv. Termination of pregnancy;
v. Child placement services;
vi. Religious counseling, if desired by the inmate; and
4. Appropriate postpartum care.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 6 - PREGNANT INMATES › Section 10A:16-6.2 - Obstetrical services

Current through Register Vol. 56, No. 14, July 15, 2024
When the pregnant inmate elects to carry the pregnancy to term, arrangements shall be scheduled in advance for the delivery at an appropriate medical facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 6 - PREGNANT INMATES › Section 10A:16-6.3 - Maternity clothes, housing assignments, exercise and work schedules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The correctional facility shall provide the pregnant inmate with:
1. Suitable maternity clothes;
2. Reasonable housing assignments, as permitted by available space and the inmate's security status; and
3. Appropriate exercise and reduced work schedules, as deemed medically advisable by the treating physician.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 6 - PREGNANT INMATES › Section 10A:16-6.4 - Termination of pregnancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As soon as possible after the pregnancy is diagnosed, the health care provider shall provide the pregnant inmate with medical care and the Social Services Unit of the correctional facility shall offer her religious and social counseling to aid her in making the decision to continue or to terminate the pregnancy.
(b) Should the pregnant inmate elect to terminate the pregnancy, arrangements shall be made by the health care provider without undue delay to schedule and complete the procedure, unless the treating physician and/or obstetrician determines that the pregnancy cannot be terminated.
(c) An inmate who elects to terminate a pregnancy shall be required to sign a form indicating her desire to terminate the pregnancy and acknowledging that she has received medical care and has been offered religious and social counseling in reaching her decision.
(d) A pregnancy shall be terminated only at a State-licensed medical facility or hospital. Follow-up medical care shall be provided in the Correctional Facility for Women.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 6 - PREGNANT INMATES › Section 10A:16-6.5 - Non-gestational parent of the child

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The non-gestational parent, if not incarcerated, may attend the birth of the child in the delivery room.
(b) The non-gestational parent's presence in the delivery room is contingent upon approval by the:
1. Department of Corrections custody administrative authorities;
2. Hospital administration; and
3. Attending physician(s).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 6 - PREGNANT INMATES › Section 10A:16-6.6 - Placement of infants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The social work supervisor or designee shall ensure that assistance shall be provided to the pregnant inmate in planning for her unborn child. Social services staff shall be available to assist the pregnant inmate in making decisions, such as whether to keep her child or give the child up for adoption. The social services staff shall not advocate any particular alternative to the inmate.
(b) The social work supervisor or designee shall ensure that plans for the placement of the anticipated infant(s) shall be developed well in advance of the delivery date.
(c) The Division of Child Protection and Permanency (DCP&P), shall be contacted by the social services staff of the correctional facility when adoption or foster home placement is being contemplated by the prospective mother.
(d) If the inmate chooses to grant temporary custody of the child to a family member, the Department of Corrections shall not be responsible for any of the infant's medical costs.
(e) If the inmate chooses to place the child in a foster home or release the child for adoption, DCP&P shall be granted custody of the child and the Department of Corrections shall assume no responsibility for any of the infant's medical costs.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 7 - CRITICAL ILLNESS OR DEATH OF INMATES › Section 10A:16-7.1 - Notification of next of kin

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of an inmate's critical illness or death, the inmate's next of kin shall be notified within 24 hours by the Administrator or designee of the correctional facility that maintains the classification and medical files of the inmate.
(b) "Next of kin" shall be interpreted to mean:
1. Spouse;
2. Domestic partner;
3. Partner in a civil union couple;
4. Mother;
5. Father;
6. Guardian;
7. Persons connected by birth, marriage or civil union; or
8. Other persons indicated on official records.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 7 - CRITICAL ILLNESS OR DEATH OF INMATES › Section 10A:16-7.2 - Advance directive

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the inmate's request, an advance directive that complies with N.J.S.A. 26:2H-55 et seq., shall be completed and placed in the inmate's MRF and the inmate's classification file. The enactment of the advance directive shall be noted in the EHR.
(b) Department of Corrections Social Services staff shall assist inmates who are interested in an advance directive to obtain and complete the appropriate advance directive forms in accordance with this section.
(c) Department of Corrections employees shall not attempt to influence the decision of an inmate regarding an advance directive.
(d) While under the jurisdiction of the New Jersey Department of Corrections, an inmate shall not be prevented from voluntarily withdrawing or changing his or her advance directive. At the request of an inmate, the social services staff shall assist the inmate who wishes to withdraw or change his or her advance directive and any such withdrawal or change shall be noted in the MRF, EHR, and the inmate's classification file.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 7 - CRITICAL ILLNESS OR DEATH OF INMATES › Section 10A:16-7.3 - Security procedures upon the death of an inmate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If death is confirmed other than in a hospital, the body cannot be moved to a hospital without the approval of the county medical examiner.
(b) Prior to release of a body from the correctional facility, hospital or medical examiner, photographs and fingerprints shall be obtained by Special Investigations Division staff for the records.
(c) An autopsy shall be performed when regulations by the county medical examiner so require and/or when requested by the medical or surgical staff of the medical facility where the inmate expired.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 7 - CRITICAL ILLNESS OR DEATH OF INMATES › Section 10A:16-7.4 - Claiming bodies of deceased inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections shall make reasonable attempts to notify the next of kin regarding claiming the body of a deceased inmate in accordance with the notification provisions established in this subchapter and related internal management procedures.
(b) Persons claiming the body of a deceased inmate must contact the hospital where the inmate expired or appropriate medical examiner's office where the body was taken in order to obtain the release of the body.
(c) The Department of Corrections shall not be responsible for the costs of burial or cremation for bodies of deceased inmates that are claimed.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 7 - CRITICAL ILLNESS OR DEATH OF INMATES › Section 10A:16-7.5 - Burial or cremation of unclaimed bodies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with internal management procedures, when an inmate's body is determined to be unclaimed or the next of kin has indicated an unwillingness or inability to claim the body of an inmate, the appropriate correctional facility staff member shall arrange for the burial or cremation. The county medical examiner's office shall be contacted for assistance in such cases.
(b) An unclaimed body shall be cremated where it is reasonably believed that it would not violate the religious tenets of the deceased inmate.
(c) The Social Security Administration, Veteran's Administration and Public Welfare shall be contacted by the correctional facility for any possible death benefits.
(d) Money remaining in the account of a deceased inmate may be used for burial or cremation expenses.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 7 - CRITICAL ILLNESS OR DEATH OF INMATES › Section 10A:16-7.6 - Distribution of money and personal belongings of deceased inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before money remaining in the account of a deceased inmate is distributed in accordance with (b) through (d) below, these funds shall be used to pay any fines, fees, penalties and restitution set forth in 10A:2-2.2.
(b) When an inmate expires without a will and the amount of money in the inmate's account and/or the value of personal property is $ 2,000 or less, such money and personal property may be turned over to the next-of-kin shown in the most recent classification records. The next-of-kin shall be required to sign an itemized list/receipt of such money and personal property, and a statement in which the next-of-kin certifies no knowledge of the existence of an official will. The Administrator or designee shall take the necessary steps to verify the identity of the next-of-kin.
(c) When an inmate expires without a will and the amount of money in the account and/or the value of personal property exceeds $ 2,000, these assets may be released to the inmate's relative or other claimant only after the relative or claimant presents to the Administrator or designee a certified, filed copy of Letters Testamentary, Letters of Administration, or a filed Affidavit from the Office of County Probate which entitles the claimant to assets without administration (see 3B:10-3 and 4).
(d) In the event an inmate dies without leaving a will, and there are no known relatives, the funds in the inmate's account, if any, shall be closed out and pursuant to the Uniform Unclaimed Property Act (1981), N.J.S.A. 46:30B, transferred to the Department of Treasury after deductions for burial or cremation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 7 - CRITICAL ILLNESS OR DEATH OF INMATES › Section 10A:16-7.7 - Written procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Administrator of each correctional facility shall be responsible for the development and implementation of written procedures consistent with the requirements of this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.1 - Eligibility requirements for executive clemency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for executive clemency may be made in cases when the health care provider physician at the correctional facility has determined that an inmate's medical condition is such that:
1. The inmate has a terminal illness;
2. Death is imminent; or
3. The inmate has become so ill that the inmate is without prospect of recovery.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.2 - Petition for executive clemency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The petition for executive clemency may be initiated either by the inmate or the Administrator of the correctional facility.
(b) The inmate who wishes to apply for executive clemency shall obtain and complete Form Petition of Executive Clemency. The form is available by contacting the State Parole Board. The completed form shall be forwarded to the Administrator for submission to the Office of the Commissioner or designee.
(c) The Administrator or designee may complete Form Petition for Executive Clemency on behalf of an inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.3 - Role of the Administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed Form Petition for Executive Clemency, the Administrator shall obtain from the Classification Office up-to-date classification material which shall include, but is not limited to:
1. Criminal history;
2. Presentence investigation reports; and
3. Progress reports.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.4 - Role of the Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner or designee, upon receipt of the material outlined in 10A:16-8.3(c), shall notify the Director of Health Services and request that the Director of Health Services review the inmate's medical status and submit a report of the findings.
(b) The Commissioner or designee may advise the New Jersey State Parole Board of special medical conditions or services required if executive clemency is granted.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.5 - Eligibility requirements for compassionate release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A medical diagnosis to determine an inmate's eligibility for compassionate release may be initiated by the administrator, superintendent, a staff member of a correctional facility, or by the inmate, a member of the inmate's family, or the inmate's attorney by submitting the Compassionate Release Request Form to the Health Services Unit. The form will be available from members of the custody staff or health services in all correctional facilities. The medical diagnosis required for compassionate release shall be made by two health services licensed physicians designated by the Commissioner of the Department of Corrections and shall include, but not be limited to:
1. A description of the terminal condition, disease, or syndrome or permanent physical incapacity;
2. A prognosis concerning the likelihood of recovery from the terminal condition, disease, or syndrome or permanent physical incapacity;
3. A description of the inmate's physical incapacity, if appropriate; and
4. A description of the type of ongoing treatment that would be required if the inmate is granted compassionate release.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.6 - Medical diagnosis and Certificate of Eligibility for Compassionate Release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The two designated physicians will complete the required examinations and forward their attestations, and all related medical records, to the health services unit medical director for review. Following review of the medical records, the medical director shall make a medical determination of eligibility or ineligibility and issue a memo to the Commissioner of the Department of Corrections detailing the same.
(b) All compassionate release procedures shall be handled on an expedited basis.
(c) The health services unit shall compile a compassionate release package (that is, medical records, attestations, Compassionate Release Request Form) for further review and processing.
(d) Once the Compassionate Release Request Form and packet details at (a) above have been finalized, the form and other relevant documentation shall be forwarded to the Division of Operations for review and notification to the inmate regarding eligibility. A copy of the notification will be provided to the State Parole Board for all eligible inmates. The Division of Operations will draft a Certificate of Eligibility for Compassionate Release for review and signature by the Commissioner for those deemed medically eligible. The signed certificate, along with the compassionate release packet, will be sent to a compassionate release designee in the facility in which the inmate is assigned for issuance to the inmate.
(e) The facility designee will ensure the inmate receives the packet and signs a receipt indicating the same. Instructions on how to file with the courts and the related addresses will be included in the packet provided to the inmate. If the inmate has retained counsel, the packet will be sent through certified mailed to the inmate's attorney or public defender.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.7 - Petition for compassionate release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that a medical diagnosis determines that an inmate is suffering from a grave medical condition, the Department of Corrections shall notify the inmate's attorney or, if the inmate does not have an attorney, the Public Defender, to initiate the process of petitioning for compassionate release. The petition shall not be filed until a second, subsequent medical diagnosis by a licensed physician designated by the Commissioner of the Department of Corrections determines that the inmate is suffering from a terminal condition, disease, or syndrome or a permanent physical incapacity and the Department of Corrections issues to the inmate a Certificate of Eligibility for Compassionate Release.
(b) In the event that a medical diagnosis determines that an inmate is suffering from a terminal condition, disease, or syndrome or permanent physical incapacity, the Department of Corrections shall issue to the inmate a Certificate of Eligibility for Compassionate Release and provide a copy of the certificate to the inmate's attorney or, if the inmate does not have an attorney, the Public Defender. An inmate who receives a Certificate of Eligibility for Compassionate Release may petition the Superior Court for compassionate release.
(c) In the event of a medical diagnosis that an inmate is suffering from a grave medical condition or upon issuance of a Certificate of Eligibility for Compassionate Release, an inmate may request representation from the Office of the Public Defender for the purpose of filing a petition for compassionate release.
(d) Once the Department of Corrections provides a copy of a Certificate of Eligibility for Compassionate Release to the inmate's attorney or the Public Defender, the attorney or Public Defender shall petition the Superior Court, in accordance with N.J.S.A. 30:4-123e. The petition must be accompanied by a copy of the Certificate of Eligibility for Compassionate Release.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 8 - EXECUTIVE CLEMENCY AND MEDICAL PAROLE › Section 10A:16-8.8 - Applying for medical assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to any determination of ineligibility by the court, the Commissioner of the Department of Corrections shall ensure that any inmate who petitions for compassionate release is provided an opportunity to apply, and is provided necessary assistance to complete the application, for medical assistance benefits under the Medicaid program established, pursuant to N.J.S.A. 30:4D-1et seq. The application for medical assistance benefits shall be undertaken prior to any determination of ineligibility by the court as a result of the inability to verify the availability of appropriate medical services.
(b) The Commissioner of the Department of Corrections, or designee, may advise the New Jersey State Parole Board of special medical conditions or services required if compassionate release is granted.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 9 - BLOOD, TISSUE AND ORGAN DONATION BY INMATES › Section 10A:16-9.1 - Blood, tissue and organ donation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the Blood Safety Act of 1991 (26:2A-13 et seq.), the donation of blood by inmates to other individuals (homologous) is prohibited. There shall be no exceptions to this prohibition.
(b) When medically necessary and/or appropriate, the donation of tissue and blood by an inmate for his or her exclusive use (autologous) in anticipated non-emergency, scheduled surgery shall be permitted.
(c) Inmates shall be permitted to register to be organ/tissue donors upon their death.
(d) Inmates are prohibited from serving as organ/tissue donors prior to their death, except in extraordinary circumstances when requests for special approval may be granted by the Commissioner or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 10 - MEDICAL TRANSFER › Section 10A:16-10.1 - Medical transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator shall submit to the Commissioner or designee, along with the materials required in N.J.A.C. 10A:16-8, Executive clemency, a recommendation as to whether a medical transfer to a more appropriate place of confinement should be granted pending the outcome of the petition for executive clemency.
(b) Medical transfer approval or disapproval shall be determined by the Commissioner or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 11 - INVOLUNTARY PSYCHOTROPIC MEDICATIONS › Section 10A:16-11.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
Washington, et al. v. Harper,
494
U.S.
210, 110
S. Ct.
1028 (1990), clinically indicated psychotropic medications which have been prescribed for the inmate by a psychiatrist as part of an individualized treatment plan may be administered by the responsible health care provider to any seriously mentally ill inmate against the will of the inmate and consistent with the medical interests of the inmate.
(b) Administration of clinically indicated involuntary psychotropic medications is in an inmate's medical interest where one or more of the following concerns exists:
1. There is substantial likelihood of serious physical harm to the inmate or to others;
2. There is a substantial likelihood of significant property damage;
3. The inmate is unable to care for himself or herself so that the inmate's health or safety is endangered; and/or
4. The inmate is incapable of participating in any treatment plan which would offer the inmate a realistic opportunity to improve his or her condition.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 11 - INVOLUNTARY PSYCHOTROPIC MEDICATIONS › Section 10A:16-11.2 - Treatment Review Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 24 hours of receiving the psychiatrist's involuntary medication recommendation, the responsible health authority shall appoint a Treatment Review Committee.
(b) Where the 24 hour period expires on a weekend or holiday, the responsible health authority shall appoint a Treatment Review Committee on the next business day.
(c) The Treatment Review Committee shall be composed of:
1. A psychiatrist;
2. A psychologist; and
3. The Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 11 - INVOLUNTARY PSYCHOTROPIC MEDICATIONS › Section 10A:16-11.3 - Notification of inmate of involuntary medication hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate under consideration by the Treatment Review Committee for receiving involuntary medication shall be given written notification at least 24 hours before the hearing. Verbal notice shall be provided to illiterate inmates, inmates not sufficiently conversant with the English language and inmates otherwise unable to read due to a physical/medical inability.
(b) The notice shall include the following:
1. The inmate's mental health diagnosis;
2. The medication(s) prescribed to treat the inmate's illness;
3. The recommendation to administer the prescribed medication to the inmate against the will of the inmate;
4. The reason(s) for the recommendation;
5. The date, time and location of the hearing;
6. The staff advisor appointed by the chairperson of the Treatment Review Committee, assigned to assist the inmate; and
7. Notation of verbal notice to the inmate requiring same.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 11 - INVOLUNTARY PSYCHOTROPIC MEDICATIONS › Section 10A:16-11.4 - Inmate rights during the involuntary medication(s) hearing proceeding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate being considered for involuntary medication shall have the following limited rights at the hearing:
1. To refuse medication(s) until the Treatment Review Committee reaches a decision on the administration of involuntary medication(s);
2. To be present at the hearing and to make a statement to the Treatment Review Committee, unless the Treatment Review Committee determines that it is likely that the inmate's attendance would subject the inmate to substantial risk of serious physical or emotional harm or pose a threat to the safety of others;
3. To have the aid of a staff advisor to assist in presenting evidence and questioning adverse witnesses;
4. To have disclosed the evidence which supports involuntary medication to the extent such disclosure is consistent with the inmate's best medical interests and with correctional facility security;
5. The opportunity to call witnesses and present evidence;
6. The opportunity for confrontation and cross-examination of witnesses;
7. To receive a written and for illiterate inmates, inmates not sufficiently conversant with the English language and inmates otherwise unable to read due to a physical/medical inability, a verbal report of findings and conclusions to include the length of time involuntary medications are to be given within 24 hours of the Treatment Review Committee hearing; and
8. The opportunity to appeal in writing or receive assistance to appeal in writing when the inmate is illiterate, not sufficiently familiar with the English language or otherwise unable to write an appeal due to a physical/medical inability, to the health care authority within 24 hours of receipt of the written/verbal notification of the Treatment Review Committee's decision.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 11 - INVOLUNTARY PSYCHOTROPIC MEDICATIONS › Section 10A:16-11.5 - Emergency mental health treatment

Current through Register Vol. 56, No. 14, July 15, 2024
If an inmate requires mental health treatment on an emergency basis before the Treatment Review Committee reaches a decision, the health care provider staff shall proceed according to policies and procedures.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 11 - INVOLUNTARY PSYCHOTROPIC MEDICATIONS › Section 10A:16-11.6 - Failure to adhere to time limits

Current through Register Vol. 56, No. 14, July 15, 2024
The failure to adhere to any of the time limits prescribed by this subchapter shall not automatically mandate the dismissal of a Treatment Review Committee hearing or decision. However, the reasons for such failure to meet the prescribed time limits shall be recorded in the inmate's EHR and a copy placed in the MRF.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 11 - INVOLUNTARY PSYCHOTROPIC MEDICATIONS › Section 10A:16-11.7 - Treatment Review Committee decision

Current through Register Vol. 56, No. 14, July 15, 2024
A copy of the signed Treatment Review Committee decision on administration of involuntary medication shall be placed in the inmate's MRF and a notation made of same in the EHR.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.1 - Reporting potential suicidal behavior

Current through Register Vol. 56, No. 14, July 15, 2024
Any staff person(s) or volunteer(s) who, by reason of experience, education or observation of an inmate, suspects that an inmate may be at risk for suicidal behavior, shall convey this information to the highest ranking custody supervisor on duty or a designated professional person as soon as is reasonably practicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.2 - Decision making criteria for placing an inmate on or releasing an inmate from suicide watch

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining whether to place an inmate on suicide watch or to release an inmate from suicide watch, the factors to be considered include, but are not limited to:
1. Mood or attitude;
2. Behavior;
3. Participation in activities;
4. Personal hygiene;
5. Sleeping patterns;
6. Eating habits;
7. Previous suicide attempts, if known; and/or
8. Other information deemed relevant.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.3 - Temporary placement on suicide watch

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following correctional facility staff persons are authorized to order that an inmate be placed on temporary suicide watch:
1. Any physician;
2. Any nurse;
3. Any mental health staff person;
4. The highest ranking custody supervisor on duty;
5. The Administrator;
6. The Correction Major; or
7. Another staff person as designated by the Administrator.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.4 - Psychological/psychiatric review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The psychologist or psychiatrist shall interview the inmate as soon as possible, but in no event later than 72 hours after placement on suicide watch, and the inmate shall be interviewed daily thereafter by the psychologist or psychiatrist.
(b) The Daily Suicide Monitoring Report shall be completed by the psychologist or psychiatrist after each face-to-face visit. This report shall be filed daily in the inmate's MRF and findings recorded in the inmate's EHR.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.5 - Change in suicide watch status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the initial placement of an inmate on suicide watch, the psychologist or psychiatrist or other physician may change the type of observation of an inmate from close observation to constant observation or from constant observation to close observation by conducting a face-to-face visit with the inmate and by completing the EHR MH Suicide Status Change form in the EHR. A printed copy shall be filed in the inmate's MRF and a copy shall be forwarded by the staff person ordering the change to the Classification Department of the correctional facility for placement in the inmate's Classification file. A printed copy shall also be distributed to appropriate medical, custody, and administrative staff.
(b) The recommendation for a change in the type of observation of an inmate who is on suicide watch shall be reviewed and authorized for administrative support by the Administrator before action is taken to change the suicide watch status of an inmate on suicide watch.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.6 - Daily written report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custody staff member on each shift who is assigned to the suicide watch post shall complete the Daily Correction Officer Suicide Watch Report.
(b) The completed Daily Correction Officer Suicide Watch Report shall be submitted to the highest ranking custody supervisor on duty at the conclusion of the shift, and copies of the form shall be forwarded by the third shift highest ranking custody supervisor to:
1. The Correction Major;
2. The Administrator; and
3. The Director of Psychology of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.7 - Personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The highest ranking custody supervisor on duty, after reviewing the suicide watch form and consulting with the Director of Psychology of the correctional facility or a physician, psychologist or psychiatrist shall determine the items of personal property that an inmate on suicide watch is permitted to possess in the inmate's cell.
(b) The Director of Psychology or designee shall ensure that the items of personal property permitted are documented in the EHR.
(c) The correctional facility Administrator or designee shall ensure provisions are established in internal management procedures to contact the on-call psychologist or psychiatrist when necessary for the consultation required by this section.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.8 - Release from suicide watch

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The psychiatrist or psychologist of the correctional facility may order the inmate released from suicide watch by conducting a face-to-face visit and completing the EHR MH Suicide Release form in the EHR.
(b) The order to release an inmate from suicide watch shall be printed and signed by the psychiatrist or psychologist, and reviewed and authorized for administrative support by the Administrator before action is taken to release the inmate from suicide watch.
(c) The highest ranking custody supervisor on duty shall be notified by the Administrator or designee of the authorization for an inmate's release from suicide watch.
(d) If the inmate's release from suicide watch involves a transfer of the inmate and space is unavailable to accommodate an immediate transfer, the highest ranking custody supervisor on duty shall determine the time the transfer will take place.
(e) A printed copy of the EHR MH Suicide Release form shall be forwarded to the Classification Department and a copy filed in the inmate's MRF.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.9 - Attempt to commit suicide

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A custody or other staff person who becomes aware that an inmate is attempting to commit suicide, or apparently has already committed suicide, shall call Central Control immediately.
(b) Central Control shall advise the custody or other staff member on actions to take and shall send additional staff as are deemed necessary such as, but not limited to: emergency, medical, custody and/or supervisory staff.
(c) In circumstances where there is at least one custody staff member located in a protected position, another custody staff member may enter the cell to take the action that is necessary to:
1. Cut down a hanging inmate;
2. Extinguish a fire; or
3. Administer first aid.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.10 - Cutting tool

Current through Register Vol. 56, No. 14, July 15, 2024
A special cutting tool known as a "911 rescue tool" shall be made available to a custody staff member working in a housing unit to cut down a hanging inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 12 - SUICIDE PREVENTION › Section 10A:16-12.11 - Post orders, policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to implement this subchapter, each correctional facility shall develop written site-specific post orders and policies and procedures.
(b) When developing these post orders, policies and procedures, special attention shall be given to two primary objectives:
1. Maintaining security of the housing unit and the correctional facility at large; and
2. Providing the quickest and most effective means by which suicide prevention and/or a suicide attempt is handled in order to save the inmate's life under the circumstances presented.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 13 - COMMITMENT FOR PSYCHIATRIC TREATMENT › Section 10A:16-13.1 - Psychiatric commitments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to considering the commitment of an inmate to the Forensic Psychiatric Hospital, the Director of Psychology of the correctional facility shall have exhausted all reasonable means toward managing the inmate's psychiatric symptoms within the correctional facility.
(b) The management of the inmate's symptoms shall include, but not be limited to:
1. Counseling;
2. Individual and/or group therapy;
3. Drug and alcohol therapy;
4. Encouraging the inmate to take prescribed medications which currently controls or has controlled said symptoms in the past; and/or
5. The administration of involuntary psychotropic medications in accordance with N.J.A.C. 10A:16-11.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 13 - COMMITMENT FOR PSYCHIATRIC TREATMENT › Section 10A:16-13.2 - Psychiatric admission

Current through Register Vol. 56, No. 14, July 15, 2024
A mentally ill inmate, in need of psychiatric commitment shall be admitted to the Forensic Psychiatric Hospital in accordance with 30:4-27.1 et seq.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 13 - COMMITMENT FOR PSYCHIATRIC TREATMENT › Section 10A:16-13.3 - Psychiatric commitment of inmates to the Forensic Psychiatric Hospital

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the appropriate forms, which are available internally in the Health Services department or from New Jersey Department of Human Services, Division of Mental Health and Addiction Services, shall be used when an inmate, who is assigned to a housing unit is being committed to the Forensic Psychiatric Hospital.
(b) The Application for Temporary Commitment form shall be used for the commitment of an inmate(s) and shall be completed and signed by the Administrator or Acting Administrator.
(c) Two practicing physicians, one of whom must be a licensed psychiatrist, shall each complete a Clinical/Screening Certificate of Involuntary Commitment of Mentally Ill Adults.
(d) The physician and psychiatrist who each complete a Clinical/Screening Certificate may not be related by blood, marriage or civil union to the inmate, nor be the director, chief executive officer or proprietor of any institution for the care and treatment of the mentally ill to which certification for admission of the inmate is being made.
(e) The Temporary Order for Commitment shall be presented, by a representative of the sending correctional facility, to a judge for signature. After the judge has signed the Temporary Order, the Temporary Order shall be taken together with the certifications and the inmate to the Forensic Psychiatric Hospital.
(f) In all cases, the Forensic Psychiatric Hospital shall be contacted prior to transporting an inmate to that facility for admission.
(g) The originals of the completed form for the Application for Temporary Commitment, Clinical/Screening Certificate of Involuntary Commitment of Mentally Ill Adults, and Temporary Order for Commitment shall be turned over to the Forensic Psychiatric Hospital upon inmate admission and the psychiatric facility shall file these documents for the final hearing. The correctional facility shall maintain a copy of all these completed documents in the inmate's MRF.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 16 - HEALTH SERVICES › Subchapter 13 - COMMITMENT FOR PSYCHIATRIC TREATMENT › Section 10A:16-13.5 - Screening service commitment of inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A screening service in the community that has been approved by the Director or designee of the Division of Mental Health Services may be used by the Department of Corrections in emergency situations. The Administrator or designee shall contact the Director of Health Services or designee in such cases to obtain verbal approval or disapproval to use the designated screening service.
(b) In a situation in which a psychiatrist is unavailable to complete a Clinical/Screening Certificate of Involuntary Commitment of Mentally Ill Adults, the following procedures shall be utilized:
1. If the local Division of Mental Health Services (D.M.H.S.) designated screening service has been approved for this purpose by the D.M.H. S. Division Director, the correctional staff shall contact that screening service pursuant to 30:4-27.1 et seq. (Screening Law);
2. The screening service shall provide a screening evaluation either at the correctional facility or the Screening Service site; and
3. If the inmate meets the commitment standard, the screening service shall complete the Clinical Screening Certificate of Involuntary Commitment of Mentally Ill Adults and the New Jersey Department of Corrections shall transport the inmate to and from the screening service and to the Forensic Psychiatric Hospital, if necessary.