Bill Text: NJ A378 | 2018-2019 | Regular Session | Introduced


Bill Title: Prohibits certain mental health facilities, drug and alcohol treatment facilities, and homeless shelters in residential zones and within 1,000 feet of schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Human Services Committee [A378 Detail]

Download: New_Jersey-2018-A378-Introduced.html

ASSEMBLY, No. 378

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

 

 

 

 

SYNOPSIS

     Prohibits certain mental health facilities, drug and alcohol treatment facilities, and homeless shelters in residential zones and within 1,000 feet of schools.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning mental health facilities, drug and alcohol treatment facilities, and homeless shelters and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  No residential mental health facility, residential drug and alcohol treatment facility, or emergency shelter for the homeless shall be constructed or operate within a residential zone or within 1,000 feet of any elementary or secondary school, school bus stop, municipal or county playground, place of public resort and recreation, or child care center. 

     b.    Subsection a. of this section shall not apply to a residential mental health facility, residential drug and alcohol treatment facility, or emergency shelter for the homeless if the facility has fewer than 15 beds or if the facility is lawfully operating on the effective date of this act and:

     (1)   The facility is located within a residential zone or within 1,000 feet of the elementary or secondary school, school bus stop, municipal or county playground, place of public resort and recreation, or child care center on the effective date of this act; or

     (2)   An elementary or secondary school, school bus stop, municipal or county playground, place of public resort and recreation, or child care center is subsequently established within 1,000 feet of the facility or the location of the facility is subsequently zoned for residential use.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would prohibit the construction and operation of a residential mental health facility, residential drug and alcohol treatment facility, or emergency shelter for the homeless within a residential zone or within 1,000 feet of any elementary or secondary school, school bus stop, municipal or county playground, place of public resort and recreation, or child care center. 

     The bill would not apply to existing residential mental health facilities, residential drug and alcohol treatment facilities, or emergency shelters for the homeless that have fewer than 15 beds.  The bill would also not apply to facilities that are, as of the effective date of the bill, located within 1,000 feet of a restricted location, or when a restricted location is subsequently established within 1,000 feet of an existing facility or the location of an existing facility is subsequently zoned for residential use.

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