Bill Text: NJ S3071 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides for electronic scanning of certain certificates for initiating court proceedings for involuntary commitment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-12-05 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3071 Detail]
Download: New_Jersey-2012-S3071-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Provides for electronic scanning of certain certificates for initiating court proceedings for involuntary commitment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning involuntary commitment to treatment and amending P.L.1987, c.116.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1987, c.116 (C.30:4-27.10) is amended to read as follows:
10. a. (1) A short-term care or psychiatric facility or a special psychiatric hospital shall initiate court proceedings for involuntary commitment to inpatient or outpatient treatment by submitting to the court a clinical certificate completed by a psychiatrist on the patient's treatment team or an electronically scanned clinical certificate in lieu of the original certificate, and the screening certificate or an electronically scanned screening certificate in lieu of the original certificate which authorized admission of the patient to the facility; provided, however, that both certificates shall not be signed by the same psychiatrist unless the psychiatrist has made a reasonable but unsuccessful attempt to have another psychiatrist conduct the evaluation and execute the certificate.
(2) A screening service or outpatient treatment provider shall initiate court proceedings for commitment to outpatient treatment by submitting to the court a clinical certificate completed by a psychiatrist on the patient's treatment team or an electronically scanned clinical certificate in lieu of the original certificate, and the screening certificate or an electronically scanned screening certificate in lieu of the original certificate which authorized assignment of the patient to outpatient treatment with the outpatient treatment provider; provided, however, that both certificates shall not be signed by the same psychiatrist unless the psychiatrist has made a reasonable but unsuccessful attempt to have another psychiatrist conduct the evaluation and execute the certificate.
b. Court proceedings for the involuntary commitment to treatment of any person not referred by a screening service may be initiated by the submission to the court of two clinical certificates, at least one of which is prepared by a psychiatrist. The person shall not be involuntarily committed before the court issues a temporary court order.
c. A court proceeding for involuntary commitment to treatment of an inmate who is scheduled for release upon expiration of a maximum term of incarceration shall be initiated by the Attorney General or county prosecutor by submission to the court of two clinical certificates, at least one of which is prepared by a psychiatrist.
d. The Attorney General, in exercise of the State's authority as parens patriae, may initiate a court proceeding for the involuntary commitment to treatment of any person in accordance with the procedures set forth in subsection a. or b. of this section. When the Attorney General determines that the public safety requires initiation of a proceeding pursuant to subsection b. of this section, the Attorney General may apply to the court for an order compelling the psychiatric evaluation of the person. The court shall grant the Attorney General's application if the court finds that there is reasonable cause to believe that the person may be in need of involuntary commitment to treatment. The Attorney General may delegate the authority granted pursuant to this subsection, on a case by case basis, to the county prosecutor.
e. Any person who is a relative by blood or marriage of the person being screened who executes a clinical certificate, or any person who signs a clinical certificate for any purpose or motive other than for purposes of care, treatment and confinement of a person in need of involuntary commitment to treatment, shall be guilty of a crime of the fourth degree.
f. Upon receiving these documents the court shall immediately review them in order to determine whether there is probable cause to believe that the person is in need of involuntary commitment to treatment.
g. If the court finds that there is probable cause to believe that the person, other than a person whose commitment is sought pursuant to subsection c. of this section, is in need of involuntary commitment to treatment, it shall issue a temporary order authorizing the assignment of the person to an outpatient treatment provider or the admission to or retention of the person in the custody of the facility, that is both appropriate to the person's condition and is the least restrictive environment, pending a final hearing.
h. If the court finds that there is probable cause to believe that a person whose commitment is sought pursuant to subsection c. of this section is in need of involuntary commitment to treatment, it shall issue an order setting a date for a final hearing and authorizing the Commissioner of the Department of Corrections to arrange for temporary commitment pursuant to section 2 of P.L.1986, c.71 (C.30:4-82.2) to the Ann Klein Forensic Center in Trenton or other facility designated for the criminally insane pending the final hearing and prior to the expiration of the person's term. The order shall specifically provide for transfer of custody to the Ann Klein Forensic Center in Trenton or other facility designated for the criminally insane if the person's maximum term will expire prior to the final hearing.
i. In the case of a person committed to treatment at a short-term care facility or special psychiatric hospital, after the facility's treatment team conducts a mental and physical examination, administers appropriate treatment and prepares a discharge assessment, the facility may transfer the patient to a psychiatric facility prior to the final hearing; provided that: (1) the patient, his family and his attorney are given 24 hours' advance notice of the pending transfer; and (2) the transfer is accomplished in a manner which will give the receiving facility adequate time to examine the patient, become familiar with his behavior and condition and prepare for the hearing. In no event shall the transfer be made less than five days prior to the date of the hearing unless an unexpected transfer is dictated by a change in the person's clinical condition.
j. A clinical certificate or screening certificate that is electronically scanned pursuant to subsection a. or b. of this section shall be transmitted in accordance with the Rules of Court.
(cf: P.L.2009, c.112, s.11)
2. This act shall take effect immediately.
STATEMENT
This bill provides for the option of electronically scanning certain certificates to a court for the purpose of initiating court proceedings for involuntary commitment to treatment, rather than the submission of only original certificates as is currently required.
The bill amends current law to give a short-term care facility, psychiatric facility, or special psychiatric hospital the option of initiating court proceedings for involuntary commitment to inpatient or outpatient treatment by submitting an electronically scanned clinical certificate completed by a psychiatrist and the screening certificate which authorized admission of the patient to the facility or hospital.
The bill provides for similar electronic filings of clinical and screening certificates in the case of a screening service or outpatient treatment provider initiating court proceedings for involuntary commitment to outpatient treatment. Additionally, the bill specifies that the certificates are to be transmitted in accordance with the Rules of Court.
It is anticipated that the provisions of this bill will help to expedite the processing of civil commitments and save costs for both facilities and courts.
