SENATE, No. 2009

STATE OF NEW JERSEY

INTRODUCED APRIL 17, 1997

By Senators KOSCO and GIRGENTI

An Act concerning the discharge and release of certain patients committed to mental health facilities and supplementing chapter 4 of Title 2C of the New Jersey Statutes and P.L.1987, c.116 (C.30:4-27.1 et seq.).

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

    1. a. Whenever a person who has been acquitted of a violent crime by reason of insanity and who has been committed to a mental health facility, in accordance with the provisions of paragraph (3) of subsection b. of N.J.S.2C:4-8, is to be discharged or released from that facility by the court pursuant to N.J.S.2C:4-9, the court shall so notify the county prosecutor of the county in which the violent crime took place. The notice shall include the name of the discharged or released person, the person's anticipated place of residence, and any additional information the court may deem appropriate for public safety.

    Upon receipt of the notice, the prosecutor shall provide notice to the law enforcement agency responsible for the municipality wherein the violent crime occurred and wherein the person discharged or released shall reside. If the prosecutor deems it appropriate for the public safety, notice may be given to other State and local law enforcement agencies.

    For the purposes of this section, violent crime means murder; manslaughter; aggravated sexual assault; sexual assault; aggravated 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); or any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.

    b. The notification requirements set forth in this section shall not apply in the case of a patient who, after a court finding that involuntary commitment is no longer needed pursuant to the provisions of section 15 of P.L.1987, c.116 (C.30:4-27.15), is returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed by the court. When appropriate in such cases, the provisions of section 1 of P.L.1994, c.135 (C.30:4-123.53a.) shall apply.

    2. a. Whenever a patient who was charged with a violent crime has been committed by the court to a mental health facility in accordance with the provisions of paragraph (3) of subsection b. of N.J.S.2C:4-8, section 10 of P.L.1987, c.116 (C.30:4-27.10) or any other law is to be discharged or released from that facility pursuant to section 15 or section 17 of P.L.1987, c.116 (C.30:4-27.15 and 30:4-27.17), the court shall so notify the county prosecutor of the county in which the violent crime took place. The notice shall include the patient's name, anticipated place of residence, and any additional information the court may deem appropriate for public safety.

    Upon receipt of the notice, the prosecutor shall provide notice to the law enforcement agency responsible for the municipality wherein the violent crime occurred and wherein the patient shall reside. If the prosecutor deems it appropriate for the public safety, notice may be given to other State and local law enforcement agencies.

    For the purposes of this section, violent crime means murder; manslaughter; aggravated sexual assault; sexual assault; aggravated 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); or any other offense involving serious bodily injury or an attempt to commit any other the aforementioned offenses.

    b. The notification requirements set forth in subsection a. of this section shall not apply in the case of a patient who, after a court finding that involuntary commitment is no longer needed pursuant to the provisions of section 15 of P.L.1987, c.116 (C.30:4-23.15), is returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed by the court. When appropriate in such cases, the provisions of section 1 of P.L.1994, c.135 (C.30:4-123.53a.) shall apply.

    c. Except as hereinafter provided, the notification requirements set forth in subsection a. of this section shall apply in the case of a patient who, as part of a treatment program, is temporarily released, furloughed or otherwise permitted to leave the facility to which he was committed for a period of time. In addition to the information required under subsection a. of this section, a notice provided under this section shall include the dates and times during which the patient shall be temporarily released, furloughed or otherwise permitted to leave the facility. The notice, which shall be issued by the director of the facility wherein the patient is being treated, shall be made available to the county prosecutor no less than 48 hours before the commencement of the patient's temporary release or furlough from the facility.

    3. This act shall take effect immediately.

STATEMENT

    This bill would require that local law enforcement agencies be notified whenever a person who was charged with a violent crime, but, due to a finding of insanity, was committed to a mental health facility rather than a correctional facility, is scheduled for release or discharge.

    The provisions of the bill are modeled on section 1 of P.L.1994, c.135 (C.30:4-123.53a.) which sets forth the notification procedures to be followed when violent offenders are scheduled for release from a State or county correctional facility.

    The bill also requires notification whenever a patient who has been charged with a violent crime is given a temporary release or furlough which permits him to leave the facility for a period of time.

    Under the provisions of the bill, the court, in the case of a patient scheduled for discharge or release, or the director of the facility, in the case of a patient scheduled for a temporary release or furlough, is to provide notice to the prosecutor of the county wherein the violent crime occurred. The notice, which is to include the patient's name, anticipated place of residence, and any other information the court deems appropriate, is to be forwarded by the prosecutor to the law enforcement agency of the municipality wherein the crime occurred and the municipality wherein the patient is to reside. If the prosecutor deems it appropriate for the public safety, the notice may be extended to other State and local law enforcement agencies.

    For the purposes of this bill, "violent crime" includes the following: murder; manslaughter; aggravated sexual assault; aggravated 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); or any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.

Requires notification of local police when certain patients are released from mental health facilities.