ASSEMBLY, No. 686

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ZISA

An Act concerning notification procedures for civil commitment of certain individuals, amending P.L.1987, c.116 and supplementing Title 30 of the New Jersey Statutes.

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

    1. (New section ) a. Notwithstanding any other provision of law to the contrary, the Department of Human Services shall provide written notification at least 20 days in advance to the Attorney General and the prosecutor of the county where the charges were filed of the anticipated discharge of a person who has been involuntarily or voluntarily committed to a short-term care, psychiatric facility or special psychiatric hospital as a result of an acquittal on the ground of insanity pursuant to provisions of N.J.S.2C:4-8 or a determination that the person was mentally incompetent to stand trial, pursuant to the provisions of N.J.S.2C:4-6.

    b. Upon receipt of the notice, the Attorney General or the county prosecutor may arrange for an independent psychiatric examination, conducted by two psychiatrists or other physicians, to determine whether the person is in continuing need of involuntary commitment pursuant to the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.). If the psychiatrists determine that the person is in continuing need of involuntary commitment, the psychiatrists shall execute clinical certificates in accordance with the provisions of section 10 of P.L.1987, c.116 (C.30:4-27.10).

    c. Upon receipt of the clinical certificates, the Attorney General or the county prosecutor may initiate court proceedings for the continued involuntary commitment of the person in accordance with the provisions of section 10 of P.L.1987, c.116 (C.30:4-27.10).

    2. (New section) Notwithstanding the provisions of sections 17 and 20 of P.L.1987, c.116 (C.30:4-27.17 and 30:4-27.20), any person who has been voluntarily or involuntarily committed to a short-term care or psychiatric facility or special psychiatric hospital as a result of an acquittal on the ground of insanity pursuant to the provisions of N.J.S.2C:4-8 or a determination that the person was mentally incompetent to stand trial pursuant to the provisions of N.J.S.2C:4-6 shall not be administratively discharged.

    3. Section 12 of P.L.1987, c.116 (C.30:4-27.12) is amended to read as follows:

    12. a. A patient who is involuntarily committed to a short-term care or psychiatric facility or special psychiatric hospital shall receive a court hearing with respect to the issue of continuing need for involuntary commitment within 20 days from initial inpatient admission to the facility unless the patient has been administratively discharged from the facility pursuant to section 17 of this act.

    [The] b. Except as provided in subsection d., the assigned county counsel is responsible for presenting the case for the patient's involuntary commitment to the court, unless the county adjuster is licensed to practice law in this State, in which case the county adjuster shall present the case for the patient's involuntary commitment to the court.

    c. A patient subject to involuntary commitment shall have counsel present at the hearing and shall not be permitted to appear at the hearing without counsel.

    d. Upon notice to the county counsel and county adjuster, the Attorney General or the county prosecutor may supersede the county counsel or the county adjuster and assume responsibility for presenting any case for continued involuntary commitment pursuant to the provisions of subsection c. of P.L. ,c. (C. )(now pending before the Legislature as this bill.)

(cf: P.L.1989, c.73, s.2)

    4. Section 13 of P.L.1987, c.116 (C.30:4-27.13) is amended to read as follows:

    13. a. At least 10 days prior to a court hearing, the county adjuster of the admitting county or the Attorney General or county prosecutor, if presenting a case pursuant to the provisions of subsection c. of P.L.    , c. (C. )(now pending before the Legislature as this bill), shall cause notice of the court hearing to be served upon the patient, the patient's guardian if any, the patient's next-of-kin, the patient's attorney, the director, chief executive officer, or other individual who has custody of the patient, the county adjuster of the county in which the patient has legal settlement and any other individual specified by the court. The notice shall contain the date, time and location of the court hearing. The patient and the patient's attorney shall also receive copies of the clinical certificates and supporting documents, the temporary court order and a statement of the patient's rights at the court hearing.

    b. A psychiatrist on the patient's treatment team who has conducted a personal examination of the patient as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing, shall testify at the hearing to the clinical basis for the need for involuntary commitment. Other members of the patient's treatment team may also testify at the hearing.

    c. The patient's next-of-kin may attend and testify at the court hearing if the court so determines.

    d. The court shall transcribe the court hearing and arrange for the payment of expenses related thereto in the same manner as for other court proceedings.

(cf: P.L.1987, c.116, s.13)

    5. This act shall take effect immediately.

STATEMENT

    This bill would require the Department of Human Services to notify the Attorney General and the prosecutor of the county where the charges were filed when a person, who has been acquitted on the ground of insanity or determined to be mentally incompetent to stand trial and has been committed to a psychiatric facililty, is scheduled to be released. Once the Attorney General and the prosecutor are notified they may arrange for an independent psychiatric examination, conducted by two psychiatrists or other physician, to determine whether that person is in need of involuntary commitment. If the psychiatrists determine that the person is in need of involuntary commitment and issue a clinical certificate to that fact then the Attorney General or the county prosecutor may initiate a civil proceeding to continue the involuntary commitment of the person.

    The bill also provides that any person who has been civilly committed under these circumstances cannot be administratively discharged.

Establishes notification procedures for civil commitment of certain individuals.