S1544

SENATE, No. 1544

STATE OF NEW JERSEY

INTRODUCED OCTOBER 3, 1996

By Senators MARTIN, BASSANO, Codey and MacInnes

An Act concerning civil commitment, amending Title 2C of the New Jersey Statutes, amending and supplementing Title 30 of the Revised Statutes, and supplementing chapter 4B of Title 52 of the Revised Statutes.

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

1. N.J.S.2C:4-6 is amended to read as follows:

2C:4-6. Determination of fitness to proceed; effect of finding of unfitness; proceedings if fitness is regained; post-commitment hearing

a. When the issue of the defendant's fitness to proceed is raised, the issue shall be determined by the court. If neither the prosecutor nor counsel for the defendant contests the finding of the report filed pursuant to [section] N.J.S.2C:4-5, the court may make the determination on the basis of such report. If the finding is contested or if there is no report, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, either party shall have the right to summon and examine the psychiatrists who joined in the report and to offer evidence upon the issue.

b. If the court determines that the defendant lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsection c. of this section. At this time, the court may commit him to the custody of the Commissioner of Human Services to be placed in an appropriate institution if it is found that the defendant is so dangerous to himself or others as to require institutionalization, or it shall proceed to determine whether placement in an out-patient setting or release is appropriate; provided, however, that no commitment to any institution shall be in excess of such period of time during which it can be determined whether it is substantially probable that the defendant could regain his competence within the foreseeable future.

c. If the defendant has not regained his fitness to proceed within such time as the court may deem adequate from the time that it was determined that the defendant lacked such fitness, the court shall after a hearing, if one is requested, dismiss the charges and either order the defendant discharged, or, subject to law governing civil commitment, order the defendant committed to an appropriate institution. When the charges are not dismissed, each defendant's case shall be specifically reviewed by the court at 6-month intervals until an order is made by the court that the defendant stand trial or that the charges be dismissed.

d. When the court, on its own motion or upon application of the commissioner, his designee or either party, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the proceedings shall be resumed.

e. When the court, on its own motion or upon application to the commissioner, his designee, or either party, determines after a hearing, if a hearing is requested, that the defendant has not regained fitness to proceed, the court may order the institution of civil commitment proceedings, or, if it is found that the defendant may be paroled or released on condition without danger to himself or to others, the court may so order. If it is determined that it is not substantially probable that the defendant will regain his competence in the foreseeable future, the court may dismiss the charge and either order the defendant to be discharged, or, subject to the law governing the civil commitment, order the defendant committed to an appropriate institution.

f. The fact that the defendant is unfit to proceed does not preclude determination of any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.

g. In the case of a defendant charged with a violent crime, the court shall, within 10 days of the date of any civil commitment hearing held pursuant to this section, serve notice of the defendant's civil commitment hearing on any victim of the violent crime, or if the victim is unavailable, the victim's next-of -kin.

For the purposes of this subsection,"victim" means a person who suffers personal physical or psychological injury or death during the commission of a violent crime, except that in the case of a sexual offense, "victim" shall be defined pursuant to N.J.S.2C:14-1; and "violent crime" means any crime involving danger to the person, including those crimes set forth in N.J.S.2C:7-2, N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.

(cf: P.L.1979, c.178, s.13B)

2. N.J.S.2C:4-8 is amended to read as follows:

2C:4-8. Commitment of a person by reason of insanity

a. After acquittal by reason of insanity, the court shall order that the defendant undergo a psychiatric examination by a psychiatrist of the prosecutor's choice. If the examination cannot take place because of the unwillingness of the defendant to participate, the court shall proceed as in [section 2C:4-5c] subsection c. of N.J.S.2C:4-5. The defendant, pursuant to this section, may also be examined by a psychiatrist of his own choice.

b. The court shall dispose of the defendant in the following manner:

(1) If the court finds that the defendant may be released without danger to the community or himself without supervision, the court shall so release the defendant; or

(2) If the court finds that the defendant may be released without danger to the community or to himself under supervision or under conditions, the court shall so order; or

(3) If the court finds that the defendant cannot be released with or without supervision or conditions without posing a danger to the community or to himself, it shall commit the defendant to a mental health facility approved for this purpose by the Commissioner of Human Services to be treated as a person civilly committed. In all proceedings conducted pursuant to this section, including any periodic review proceeding, the prosecuting attorney shall have the right to appear and be heard. The defendant's continued commitment, under the law governing civil commitment, shall be established by a preponderance of the evidence, during the maximum period of imprisonment that could have been imposed, as an ordinary term of imprisonment, for any charge on which the defendant has been acquitted by reason of insanity. Expiration of that maximum period of imprisonment shall be calculated by crediting the defendant with any time spent in confinement for the charge or charges on which the defendant has been acquitted by reason of insanity.

c. No person committed under this section shall be confined within any penal or correctional institution or any part thereof.

d. In the case of a defendant charged with a violent crime, the court shall, within 10 days of the date of any civil commitment hearing held pursuant to this section, serve notice of the defendant's civil commitment hearing on any victim of a violent crime, or if the victim is unavailable, the victim's next-of -kin.

(cf: P.L.1981, c.290, s.9)

3. N.J.S.2C:4-9 is amended to read as follows:

2C:4-9. Release of persons committed by reason of insanity

a. If a person has been committed pursuant to this chapter and if the commissioner, or his designee, or the superintendent of the institution to which the person has been committed, is of the view that a person committed to his custody, pursuant to [section] N.J.S. 2C:4-8, may be discharged or released on condition without danger to himself or to others, or that he may be transferred to a less restrictive setting for treatment, the commissioner or superintendent shall make application for the discharge or release of such person in a report to the court by which such person was committed and shall transmit a copy of such application and report to the prosecutor, the court, and defense counsel. The court may, in its discretion, appoint at least two qualified psychiatrists, neither of whom may be on the staff of the hospital to which the defendant had been committed, to examine such person and to report within 30 days, or such longer period as the court determines to be necessary for the purpose, their opinion as to his mental condition.

b. If the court is satisfied by the report filed pursuant to subsection a. of this section and such testimony of the reporting psychiatrists as the court deems necessary that the committed person may be discharged, released on condition without danger to himself or others, or treated as in civil commitment the court shall order his discharge, his release on such conditions as the court determines to be necessary or his transfer. If the court is not so satisfied, it shall promptly order a hearing to determine whether such person may safely be discharged, released or transferred. Any such hearing shall be deemed a civil proceeding. According to the determination of the court upon the hearing, the court shall proceed as in [section 2C:4-8b. (1), (2) or (3)] paragraphs (1), (2) or (3) of subsection b. of N.J.S.2C:4-8.

c. A committed person may make application for his discharge or release to the court by which he was committed, and the procedure to be followed upon such application shall be the same as that prescribed above in the case of an application by the commissioner.

d. Each defendant's case shall be specifically reviewed as provided by the law governing civil commitment.

e. In the case of a person charged with a violent crime, the commissioner or superintendent making an application pursuant to subsection a. of this section shall, at least 10 days prior thereto, notify the victim of the violent crime, or if the victim is unavailable, the victim's next-of-kin, of the application for discharge or release. If the court, pursuant to subsection b. of this section, orders a hearing, the court shall, at least 10 days prior thereto, notify the victim of the violent crime, or if the victim is unavailable, the victim's next-of-kin, of the hearing.

(cf: P.L.1979, c.178, s.16)

4. Section 10 of P.L.1987. c.116 (C.30:4-27.10) is amended to read as follows:

10. a. A short-term care or psychiatric facility or a special psychiatric hospital shall initiate court proceedings for involuntary commitment by submitting to the court a clinical certificate completed by a psychiatrist on the patient's treatment team and the screening 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.

b. Court proceedings for the involuntary commitment 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 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 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. 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, 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.

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, it shall issue a temporary order authorizing the admission to or retention of the person in the custody of the facility 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, 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] The Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane , or another secure facility, 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] The Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane , or another secure facility, if the person's maximum term will expire prior to the final hearing.

i. In the case of a person committed to 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.

(cf: P.L.1994, c.134, s.6)

5. 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 P.L.1987, c.116 (C.30:4-27.17). However, if a person is involuntarily committed pursuant to subsection c. or d. of section 10 of P.L.1987, c.116 (C.30:4-27.10), that person immediately shall be committed to [the] The Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane , or another secure facility for the duration of the 20 day waiting period.

b. Except as provided in subsection c. of this section, 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. Notwithstanding the provisions of subsection b. of this section and upon notice to the county adjuster:

(1) The Attorney General, or the county prosecutor acting at the request of the Attorney General, may supersede the county counsel or county adjuster and assume responsibility for presenting any case for involuntary commitment or may elect to participate with the county counsel or county adjuster in presenting any such case; and

(2) The county prosecutor may supersede the county counsel or county adjuster and assume responsibility for presenting any case for involuntary commitment initiated by the county prosecutor pursuant to subsection c. of section 10 of P.L.1987, c.116 (C.30:4-27.10) or may elect to participate with the county counsel in the presentation of any such case.

d. 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.

(cf: P.L.1994, c.134, s.7)

6. 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 the case for the patient's involuntary commitment, 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. In the case of a patient whose commitment is sought pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial for a violent crime, or N.J.S.2C:4-8 concerning acquittal of a criminal charge for a violent crime by reason of insanity, or a patient who was convicted of a violent crime, the notice pursuant to this section shall be served on the victim of the violent crime, or if the victim is unavailable, the victim's next-of-kin. 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 and any other witness with relevant information offered by the patient or the persons presenting the case for civil commitment shall also be permitted to 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.1994, c.134, s.8)

7. Section 15 of P.L.1987, c.116 (C.30:4-27.15) is amended to read as follows:

15. a. If the court finds by clear and convincing evidence that the patient needs continued involuntary commitment, it shall issue an order authorizing the involuntary commitment of the patient and shall schedule a subsequent court hearing in the event the patient is not administratively discharged pursuant to section 17 of P.L.1987, c.116 (C.30:4-27.17) prior thereto.

b. If the court finds that the patient does not need continued involuntary commitment, the court shall so order. A patient who is serving a term of incarceration shall be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and any other patient shall be discharged by the facility within 48 hours of the court's verbal order or by the end of the next working day, whichever is longer, with a discharge plan prepared pursuant to section 18 of P.L.1987, c.116 (C.30:4-27.18).

c. (1) The court may discharge the patient subject to conditions, if the court finds that the person does not need involuntary or continued involuntary commitment and the court finds:

(a) that the patient's history indicates a high risk of rehospitalization because of the patient's failure to comply with discharge plans; or

(b) that there is substantial likelihood that by reason of mental illness the patient will be dangerous to himself, others or property if the patient does not receive other appropriate and available services that render involuntary commitment unnecessary.

(2) Conditions imposed pursuant to this section shall include those recommended by the facility and mental health agency staff and developed with the participation of the patient. Conditions imposed on the patient shall be specific and their duration shall not exceed 90 days unless the court determines, in a case in which the Attorney General or a county prosecutor participated, that the conditions should be imposed for a longer period. If the court imposes conditions for a period exceeding six months, the court shall provide for a review hearing on a date the court deems appropriate but in no event later than six months from the date of the order. The review hearing shall be conducted in the manner provided in this section, and the court may impose any order authorized pursuant to this section.

(3) The designated mental health agency staff person shall notify the court if the patient fails to meet the conditions of the discharge plan, and the court shall issue an order directing that the person be taken to a screening service for an assessment. The court shall determine, in conjunction with the findings of a screening service, if the patient needs to be rehospitalized and, if so, the patient shall be returned to the facility. The court shall hold a hearing within 20 days of the day the patient was returned to the facility to determine if the order of conditional discharge should be vacated.

d. Notwithstanding subsection a. of this section, or any provision of sections 16, 17 or 18 of P.L.1987, c.116 (C.30:4-27. 16 through 30:4-27.18), no person committed while serving a term of incarceration shall be discharged by the court or administratively discharged prior to the date on which the person's maximum term would have expired had he not been committed. If the person is no longer in need of involuntary commitment, the person shall be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and the person shall be given day for day credit for all time during which the person was committed.

e. Notwithstanding the provisions of subsection a. of this section or any provisions of sections 16, 17 or 18 of P.L.1987, c.116 (C.30:4-27.16 through 30:4-27.18), no patient committed pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial for a violent crime, or N.J.S.2C:4-8 concerning acquittal of a criminal charge for a violent crime by reason of insanity, or who was convicted of a violent crime, shall be discharged by the court or administratively discharged unless the victim of the violent crime, or if the victim is unavailable, the victim's next-of-kin, receives 10 days notice prior thereto.

(cf: P.L.1994, c.134, s.9)

8. Section 16 of P.L.1987, c.116 (C.30:4-27.16) is amended to read as follows:

16. a. (1) A patient committed pursuant to a court order who is not administratively discharged pursuant to section 17 of [this act] P.L.1987, c.116 (C.30:4-27.17) shall be afforded periodic court review hearings of the need for involuntary commitment. The review hearing shall be conducted in the manner provided in section 15 of [this act] P.L.1987, c.116 (C.30:4-27.15). If the court determines at a review hearing that involuntary commitment shall be continued, it shall execute a new order. The court shall conduct the first review hearing three months from the date of the first hearing, the next review hearing nine months from the date of the first hearing and subsequent review hearings 12 months from the date of the first hearing and annually thereafter. The court may schedule additional review hearings but, except in extraordinary circumstances, not more often than once every 30 days.

(2) In the case of a patient who was committed pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial for a violent crime, or N.J.S.2C:4-8 concerning acquittal of a criminal charge for a violent crime by reason of insanity, or who was convicted of a violent crime, the court shall, no less than 10 days prior to the court review hearing afforded the patient pursuant to this section, notify any victim of the violent crime, or if the victim is unavailable, the victim's next-of-kin of the patient's hearing.

As used in this paragraph, "victim" means a person who suffers personal physical or psychological injury or death during the commission of a violent crime, except that in the case of a sexual offense, "victim" shall be defined pursuant to N.J.S.2C:14-1; and "violent crime" means any crime involving danger to the person, including those crimes set forth in N.J.S.2C:7-2, N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.

b. At a court review hearing, when the advanced age of the patient or the cause or nature of the mental illness renders it appropriate and when it would be impractical to obtain the testimony of a psychiatrist as required in section 13 of [this act] P.L.1987, c.116 (C.30:4-27.13), the court may permit a physician on the patient's treatment team, who has personally conducted an examination of the patient as close to the hearing date as possible, but in no event more than five days prior to the hearing date, to testify at the hearing to the clinical basis for the need for involuntary commitment.

(cf: P.L.1987, c.116, s.16)

9. Section 17 of P.L.1987, c.116 (C.30:4-27.17) is amended to read as follows:

17. a. The treatment team at a short-term care or psychiatric facility or special psychiatric hospital shall, subject to the limitations set forth in subsection b. of this section, administratively discharge a patient from involuntary commitment status if the treatment team determines that the patient no longer needs involuntary commitment. If a discharge plan has not been developed pursuant to section 18 of [this act] P.L.1987, c.116 (C.30:4-27.18), it shall be developed forthwith.

b. If the patient is confined pursuant to an order entered under section 15 of P.L.1987, c.116 (C.30:4-27.15) in a case in which the Attorney General or a county prosecutor participated, the treatment team shall, no less than 10 days prior to the proposed date of administrative discharge, provide written notice to the committing court [and] , to the person or persons who presented the case for involuntary commitment. In the case of a patient who was committed pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial for a violent crime, or N.J.S.2C:4-8 concerning acquittal of a criminal charge for a violent crime by reason of insanity, or a patient who was convicted of a violent crime, the treatment team shall, no less than 10 days prior to the proposed date of administrative discharge, provide written notice to any victim of the violent crime, or if the victim is unavailable, the victim's next-of- kin. If, within five days of receipt of such notice, a person who presented the case for commitment files a request for a hearing on the issue of continuing need for commitment and serves notice of that request, in accordance with the provisions of section 13 of P.L.1987, c.116 (C.30:4-27.13), the treatment team shall delay the administrative discharge and the court shall schedule a hearing on the issue. The hearing shall be conducted in the manner provided in section 15 of P.L.1987, c.116 (C.30:4-27.15).

(cf: P.L.1994, c.134, s.10)

10. Section 21 of P.L.1987, c.116 (C.30:4-27.21) is amended to read as follows:

21. a. Except as provided in section 11 of P.L. , c. (C. )(pending before the Legislature as this bill), [A] a person involuntarily committed to a State psychiatric facility listed in R.S.30:1-7 may be transferred to another State psychiatric facility in accordance with rules adopted by the commissioner that specify the clinical and programmatic factors and the procedures related to the transfer.

b. A person involuntarily committed to a State psychiatric facility may be transferred to a facility for psychiatric or medical care pursuant to an agreement between the department and that facility which specifies the clinical and programmatic factors and the procedures related to the transfer.

c. A developmentally disabled person who resides in a State developmental center or other residential functional services placement for the developmentally disabled who is in need of involuntary commitment shall be involuntarily committed to a State or county psychiatric facility. As a result of the involuntary commitment, the physical transfer of the developmentally disabled person from the developmental center or other residential functional services placement to a State or county psychiatric facility and from the facility back to the developmental center or other residential functional services placement shall be on a two-way commissioner's order of transfer, which order shall be in effect for as long as the person is involuntarily committed. The person is not required to file a new application for functional services from the Division of Developmental Disabilities upon transfer back to the developmental center or other residential functional services placement. The person's legal settlement shall remain unchanged and the person shall not gain or lose legal settlement because of the transfers.

d. In the case of a patient who was committed pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial for a violent crime, or N.J.S.2C:4-8 concerning acquittal of a criminal charge for a violent crime by reason of insanity, or who was convicted of a violent crime, the Department of Human Services shall, 10 days prior to the transfer, notify any victim of the violent crime, or if the victim is unavailable, the victim's next-of-kin, of the transfer of the patient to another State psychiatric facility.

For the purposes of this subsection, "victim" means a person who suffers personal physical or psychological injury or death during the commission of a violent crime, except that in the case of a sexual offense, "victim" shall be defined pursuant to N.J.S.2C:14-1; and "violent crime" means any crime involving danger to the person, including those crimes set forth in N.J.S.2C:7-2, N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.

(cf: P.L.1995, c.155, s.8)

11. (New section) a. For the purposes of this section a sex offense shall include the following:

(1) Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;

(2) A conviction or adjudication of delinquency for aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; or an attempt to commit any of these enumerated offenses.

b. If the court finds by clear and convincing evidence that a patient whose involuntary commitment was sought pursuant to this subsection is in need of involuntary commitment, the court shall issue an order authorizing the involuntary commitment of the patient to The Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane, or another secure facility for the duration of the time the court deems the patient to be in need of involuntary commitment.

The provisions of this subsection shall apply to a patient whose involuntary commitment was sought:

(1) upon the expiration of a maximum term of incarceration for a sex offense;

(2) pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial for murder under N.J.S.2C:11-3, an attempt to commit murder under N.J.S.2C:5-1 et seq, manslaughter and aggravated manslaughter under N.J.S.2C:11-4 or aggravated assault under N.J.S.2C:12-1;

(3) pursuant to N.J.S.2C:4-8 concerning acquittal of a criminal charge for murder under N.J.S.2C:11-3, an attempt to commit murder under N.J.S.2C:5-1 et seq., manslaughter and aggravated manslaughter under N.J.S.2C:11-4 or aggravated assault under N.J.S.2C:12-1; or

(4) after having been convicted of murder under N.J.S.2C:11-3, an attempt to commit murder under N.J.S.2C:5-1 et seq., manslaughter and aggravated manslaughter under N.J.S.2C:11-4 or aggravated assault under N.J.S.2C:12-1.

12. (New section) A victim of a violent crime, or if the victim is unavailable, the victim's next-of-kin shall be given 10 days notice of any civil commitment hearing concerning the defendant or person convicted of the crime pursuant to N.J.S.2C:4-6, N.J.S.2C:4-8, section 13 of P.L.1987, c.116 (C.30:4-27.13) or section 15 of P.L.1987, c.116 (C.30:4-27.15), of any discharge or release of the patient pursuant to N.J.S.2C:4-9 or section 17 of P.L.1987, c.116 (C.30:4-27.17), of any review hearing pursuant to section 16 of P.L.1987, c.116 (C.30:4-27.16) or of any transfer of the patient pursuant to section 21 of P.L.1987, c.116 (C.30:4-27.21).

13. This act shall take effect immediately.

STATEMENT

This bill requires the civil commitment of certain violent offenders to The Forensic Psychiatric Hospital in Trenton or other facility designated for the criminally insane, or another secure facility for the duration of time the court deems the patient to be in need of involuntary commitment. Specifically, this provision of the bill includes those patients whose involuntary commitment was sought (1) upon the expiration of a maximum term of incarceration for a sex offense (based on the definition of sex offense in N.J.S.2C:7-2, "Megan's Law"); (2) pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial for murder, an attempt to commit murder, manslaughter and aggravated manslaughter or aggravated assault; (3) pursuant to N.J.S.2C:4-8 concerning acquittal of a criminal charge for murder, an attempt to commit murder, manslaughter and aggravated manslaughter or aggravated assault; or (4) after having been convicted of murder, an attempt to commit murder, manslaughter and aggravated manslaughter or aggravated assault.

In addition, this bill amends the civil commitment laws concerning patients convicted of a violent crime and the provisions of the criminal code concerning defendants who are incompetent to stand trial for a violent crime (N.J.S.2C:4-6) and who are acquitted of a criminal charge for a violent crime by reason of insanity (N.J.S.2C:4-8), by requiring that the victim of a violent crime, or if the victim is unavailable, the victim's next-of-kin, be given 10 days notification of any civil commitment hearing, discharge, review hearing or transfer of the patient to a different State psychiatric facility.

"Victim" is defined in the bill as a person who suffers personal physical or psychological injury or death during the commission of a violent crime, except that in the case of a sexual offense "victim" shall be defined pursuant to N.J.S.2C:14-1. "Violent crime" is defined in the bill as any crime involving danger to the person, including those crimes set forth in N.J.S.2C:7-2 (sex offenses as defined in "Megan's Law"), N.J.S.2C:11-1 et seq. (criminal homicide), N.J.S.2C:12-1 et seq. (assault), N.J.S.2C:13-1 et seq. (kidnapping), N.J.S.2C:14-1 et seq. (sexual offenses) or N.J.S.2C:15-1 et seq. (robbery).

The provisions of this bill are intended to address the problems cited in the report of the Senate Task Force on Greystone Park Psychiatric Hospital (June 1996) concerning the confinement of certain violent offenders at unsecured State psychiatric facilities, such as Greystone Park Psychiatric Hospital. It was found that these offenders, who include sex offenders, often have grounds privileges and may be able to leave the confines of the hospital. In addition, the report revealed that the community notification requirements of "Megan's Law" (P.L.1994, c.127 through c.135) do not apply to sex offenders who are civilly committed to the State psychiatric hospitals. This bill addresses these problems by requiring confinement at a secure facility for the duration of the time the court determines certain violent offenders to be in need of civil commitment and by requiring notification to victims or their next-of-kin of any civil commitment hearings, discharge, periodic review hearings or transfer of the patient.

Requires victim notification and civil commitment of certain offenders at a secure psychiatric facility for duration of time they are in need of involuntary commitment.