[First Reprint]

ASSEMBLY, No. 2880







Sponsored by:


District 37 (Bergen)


District 29 (Essex and Union)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblyman  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)


Co-Sponsored by:

Assemblymen Milam, Albano and Assemblywoman Rodriguez






     Permits Legislature to void closing of State psychiatric hospital or developmental center.



     As reported by the Assembly Human Services Committee on February 10, 2011, with amendments.


An Act concerning State psychiatric hospitals and developmental centers and amending P.L.1996, c.150 and P.L.1985, c.145.


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


     1.    Section 2 of P.L.1996, c.150 (C.30:1-7.4) is amended to read as follows:

     2.    a.  Except in the case of an emergency condition, the commissioner shall not implement a decision to close an existing facility, or to privatize any services, functions or units of an existing facility[,] if the commissioner finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the commissioner has complied with the procedures set forth in this section.

     b.    Pursuant to subsection a. of this section, the commissioner shall conduct at least one public hearing which shall be held in the region in which the facility is located, or a central location designated by the commissioner if more than one facility is affected by the decision, to provide an opportunity for the public to submit testimony on the proposed closing or privatization.  The hearing shall be conducted at least [45] 90 days in advance of a facility closure, or at least [30] 60 days prior to the issuance of a Request for Proposal.  For a facility closure, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a facility by the commissioner in accordance with subsection c. of this section.  The commissioner shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or to submit written testimony.

     c.     The Notice of Intent to close a facility pursuant to subsection b. of this section shall be mailed, telephoned, telegrammed or hand delivered to at least two newspapers for publication, at least one of which shall be within the geographic boundaries of the county where the facility is located.  [Failure to comply with the requirements of this subsection shall not invalidate or delay any facility closure.]

     d.    The commissioner shall prepare a report setting forth a fiscal impact analysis, policy rationale and summary of the testimony received at any hearing held pursuant to this section and indicating the scheduled date of the facility closure or the issuance of a Request for Proposal, as applicable.  This report shall be submitted to [the chairmen of the Joint Budget Oversight Committee] every member of the Legislature within five days of the issuance of a
Notice of Intent to Award or within 30 days following the last scheduled public hearing for a facility closure.

     e.     The commissioner may proceed to implement a decision as described in subsection a. of this section unless the Senate and General Assembly pass a resolution expressing disapproval of the decision no later than 30 days prior to the scheduled date of the facility closure or the issuance of a Request for Proposal, as applicable.

(cf:  P.L.1996, c.150, s.2)


     2.    Section 5 of P.L.1985, c.145 (C.30:6D-27) is amended to read as follows:

     5.    In addition to other functions, powers and duties vested in him by this act or any other law, the director shall:

     a.     Provide services for eligible 1[developmentally disabled]1 persons 1with developmental disabilities1 by identifying appropriate programs to meet their needs, by coordinating with the Director of the Division of Mental Health 1and Addiction1 Services for the provision of mental health services which shall include commitment in a State psychiatric facility listed in R.S.30:1-7 as a treatment option, if appropriate, and by facilitating the establishment of community-based services for these persons while maintaining the State developmental centers as provided in R.S.30:1-7 and accepting and placing those persons for whom it has been determined that full-time residential care and services are needed at a State developmental center; except that if the most appropriate services are not immediately available, the director may provide an eligible 1[developmentally disabled]1 person 1with a developmental disability1 with alternate services;

     b.    (1) Establish procedures for the determination of eligibility for services pursuant to this act and ensure that statements of eligibility:

     (a)   advise the applicant about the particular functional services deemed most appropriate for the training, habilitation, care and protection of that 1[developmentally disabled individual] person with a developmental disability1 as of the time of the determination; and

     (b)   include a notice which clearly explains available options for both institutional and community-based services which are appropriate to the applicant's unique needs and circumstances, and advises the applicant, and the applicant's family or guardian as applicable, of their right to determine the choice of appropriate service provider in conjunction with the division; and

     (2)   Establish procedures to ensure that a notice is issued to each recipient of services pursuant to P.L.1985, c.145 (C.30:6D-23 et seq.), and the recipient's family or guardian as applicable, no later than one year after the effective date of P.L.   , c.    (pending before the Legislature as this bill), which advises the recipient, and the recipient's family or guardian as applicable, of their right to determine the choice of appropriate service provider in conjunction with the division;

     c.     Establish liaison and cooperative agreements with other governmental departments and agencies which provide programs and services to 1[the developmentally disabled] persons with developmental disabilities1 to prevent duplication of services and encourage a continuum of care that is required by persons with developmental disabilities;

     d.    Establish standards for services that are provided for persons with developmental disabilities, which include the scope and quality of these services and which give full recognition to the unique problems and special needs associated with developmental disabilities;

     e.     Advise, consult and provide professional assistance to organized efforts by organizations, groups, associations and committees which work toward improving services and opportunities for persons with developmental disabilities; and

     f.     Select and retain the services of consultants whose advice is considered necessary to assist the division in obtaining information or developing plans and programs required for the performance of its duties and responsibilities pursuant to this act.

(cf:  P.L.2010, c.50, s.54)


     3.    This act shall take effect immediately.