Bill Text: NJ A1886 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes Office of Alcohol and Drug Use Disorders Policy to oversee, direct, and coordinate resources, funding, and data tracking concerning treatment of substance use disorders.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Law and Public Safety Committee [A1886 Detail]
Download: New_Jersey-2022-A1886-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Co-Sponsored by:
Assemblyman Karabinchak and Assemblywoman Chaparro
SYNOPSIS
Establishes Office of Alcohol and Drug Use Disorders Policy to oversee, direct, and coordinate resources, funding, and data tracking concerning treatment of substance use disorders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning treatment resources for alcohol and drug use disorders, supplementing Title 26 of the Revised Statutes, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. There is established in the Executive Branch of State Government the Office of Alcohol and Drug Use Disorders Policy. For the purpose of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office is allocated within the Department of the Treasury; but, notwithstanding that allocation, the office shall be independent of any supervision or control by the department or by any board, officer, or employee thereof, and shall report directly to the Governor. The Office of Alcohol and Drug Use Disorders Policy shall serve strategic planning, advisory, coordination, communication, and development functions in its mission to coordinate Statewide efforts and drive improvements in the prevention of, and provision of treatment for, alcohol use disorders and drug use disorders in New Jersey.
b. The Office of Alcohol and Drug Use Disorders Policy shall have the duty, power, and responsibility to:
(1) review and coordinate all State departments' efforts with regard to the planning and provision of treatment, prevention, research, evaluation, and education services for, and public awareness of, alcohol use disorders and drug use disorders, which may include developing and implementing new programs and initiatives and modifying existing programs and initiatives to ensure the effective and efficient use of available funding and resources;
(2) submit to the Governor and to the Legislature, no later than July 1 of each year, a Comprehensive Statewide Alcohol Use Disorders and Drug Use Disorders Master Plan for the treatment, prevention, research, evaluation, education, and public awareness of alcohol use disorders and drug use disorders in this State, which plan shall:
(a) incorporate and unify all State, county, local, and private alcohol use disorders and drug use disorders initiatives;
(b) include an emphasis on prevention, community awareness, and family and youth services; and
(c) make recommendations concerning
the allocation of State and federal funds to State departments, local
governments and local agencies, and service providers for the purpose of
providing or supporting treatment, prevention, research, evaluation, education,
and public awareness of alcohol use disorders and drug use disorders, in accordance with the regular budget cycle;
(3) review each County Annual Alliance Plan and, in consultation with the Division of Mental Health and Addiction Services in the Department of Human Services and the Governor's Council on Alcoholism and Drug Abuse, by October 1 of each year, return the plan to the Local Advisory Committee on Alcohol and Drug Use Disorders with the office's proposed recommendations for awarding Alliance grants;
(4) distribute grants, upon the recommendation of the executive director of the office, by August 1 of each year to counties and municipalities for alcohol use disorders and drug use disorders programs;
(5) evaluate the existing funding mechanisms for alcohol use disorders and drug use disorders services and recommend to the Governor and the Legislature any changes which may improve the coordination of services to citizens in this State;
(6) encourage the development or expansion of employee assistance programs for employees in both government and the private sector;
(7) collect from any State, county, local governmental entity, or any other appropriate source data, reports, statistics, or other materials that are necessary to carry out the functions of the office; and
(8) pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to carry out the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The Office of Alcohol and Drug Use Disorders Policy is authorized to call upon any department, office, division, agency, or independent authority of State government to provide such information, resources, or other assistance as the executive director of the office deems necessary to discharge the duties and functions of the office and to fulfill the responsibilities of the office under P.L. , c. (C. ) (pending before the Legislature as this bill). Each department, office, division, agency, or independent authority of this State shall cooperate with the Office of Alcohol and Drug Use Disorders Policy and furnish the office with the assistance necessary to accomplish the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. The Office of Alcohol and Drug Use Disorders Policy shall convene a meeting, on at least an annual basis and at such additional intervals as the executive director of the office deems necessary, to be attended by the Attorney General, the Commissioner of Health, the Commissioner of Human Services, the Commissioner of Education, the Commissioner of Corrections, the Commissioner of Children and Families, the Commissioner of Community Affairs, the Commissioner of Banking and Insurance, the Assistant Commissioner for the Division of Mental Health and Addiction Services in the Department of Human Services, the Director of the Division of Medical Assistance and Health Services in the Department of Human Services, the Assistant Commissioner for the Children's System of Care in the Department of Children and Families, and any other State, county, or local agencies, officers, or entities as the executive director of the Office of Alcohol and Drug Use Disorders Policy determines necessary to plan, develop, and coordinate State and local efforts to improve the prevention of, and the provision of treatment for, alcohol use disorders and drug use disorders in New Jersey.
2. (New section) a. The Office of Alcohol and Drug Use Disorders Policy shall be administered by an executive director, who shall be appointed by the Governor with the advice and consent of the Senate.
b. The executive director shall be a person qualified by education, training, and experience to perform the duties of the office.
c. The executive director shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the executive director's successor.
d. The executive director shall have the power to employ staff within the limits of funds appropriated or made available for that purpose, and shall have broad authority to coordinate communication between, and request and receive information from, any department, division, or agency of the State in furtherance of the mission of the office.
e. The executive director shall devote full time to the duties and responsibilities of the office, and shall receive a salary as shall be provided by law.
3. (New section) a. The Office of Alcohol and Drug Use Disorders Policy shall develop and maintain a centralized Alcohol and Drug Use Disorders Treatment Resource Database for the purpose of tracking Statewide and local treatment information, facilitating referrals to treatment resources, evaluating the performance of treatment providers, determining the appropriate allocation of available funding and resources, and developing best practices standards, as provided in this section.
b. The office shall require treatment providers to report the following data to the centralized database, which the office shall use to evaluate the overall and individual effectiveness of treatment providers throughout the State and develop best practices recommendations and performance benchmarks pursuant to subsection f. of this section:
(1) wait times for patients, from the time the patient first requests treatment to the time the patient initiates treatment, and the reasons for any delays between an initial request for treatment and the initiation of treatment;
(2) the levels and duration of treatment provided to patients, including the time patients spend in each level, phase, or program included in a course of treatment;
(3) the number of patients referred to other treatment providers and the reasons for those referrals, including whether referrals were made based on available capacity, the level of treatment available from a given provider, or other reasons;
(4) the number of patients who complete their course of treatment;
(5) the number of patients who do not complete their course of treatment, and the reason why each patient did not complete treatment, if known;
(6) relapse and long-term recovery rates for patients after leaving treatment, which may incorporate voluntary patient reporting; and
(7) any other data or metrics the office deems necessary and appropriate.
c. (1) The office shall require treatment providers to regularly update the centralized database with current information concerning the provider's available treatment services and resources. The information reported by treatment providers shall include the provider's current number of open treatment spots, the level of treatment available in each spot, the number of patients currently awaiting treatment through the provider, and the number of treatment spots that the provider reasonably anticipates will become available within the next 24 hours, including the anticipated level of treatment available in each spot. Each provider shall update this information at least once every 12 hours, and at more frequent intervals if the office determines that more frequent or real-time reporting is feasible and appropriate.
(2) The office shall provide access to the information included in the centralized database pursuant to paragraph (1) of this subsection to all treatment providers and to any agencies, offices, or other entities that serve as a contact point for patients seeking treatment for an alcohol use disorder or a drug use disorder, for the purpose of referring patients to available and appropriate treatment.
d. The office shall collaborate with the Office of the Attorney General and the Department of Health to include in the centralized database data concerning the number, location, and types of interventions performed throughout the State to treat drug overdoses, and in particular overdoses involving opioid drugs, in order to identify patterns in overdose incidents, coordinate outreach efforts in the affected communities, and determine and direct the Statewide allocation of funding and resources for the treatment of drug use disorders.
e. The office shall utilize the data reported to the centralized database to determine appropriate allocations of funding and resources available to the various State, county, and local departments, divisions, offices, agencies, and treatment providers to determine the most effective use of those funds and resources. The office's findings and recommendations shall be included in the Comprehensive Statewide Alcohol Use Disorders and Drug Use Disorders Master Plan submitted to the Governor and to the Legislature pursuant to paragraph (2) of subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
f. The office shall utilize the data reported to the centralized database to develop best practices guidelines and performance benchmarks for treatment providers. The office, in its discretion, may establish a program to provide financial or other incentives to treatment providers who achieve certain performance benchmarks in such areas as the office determines appropriate to drive improvements in the provision of treatment for alcohol use disorders and drug use disorders, including, but not limited to, achieving specified goals with regard to patient wait times, patient retention rates, patient progression through a course of treatment, the number and rate of patients who complete treatment, and other specific patient outcomes. The office shall periodically review and revise any incentive program established pursuant to this section to maintain the integrity of the incentive program, to ensure the incentive program is achieving improvements in patient care, to review and revise the benchmarks as needed to better achieve the intended outcomes and goals, and to revise or eliminate any aspects of an incentive program that may result in adverse unintended consequences in the provision of treatment to patients.
g. The office shall utilize the data reported to the centralized database and consult with treatment providers and appropriate State, county, and local agencies to identify barriers that reduce the ability of patients to access appropriate services and resources for the treatment of alcohol use disorders and drug use disorders. The office shall develop appropriate responses to address or remove barriers to access, which may include: programs to provide transportation assistance, child care assistance, or home visits; working with health benefits carriers to secure coverage for all appropriate treatment modalities and services related to treatment; and working with treatment providers to promote flexible scheduling and expanded hours, and to encourage and support providers in becoming authorized to prescribe and administer medication-assisted treatment.
h. For the purposes of establishing and maintaining a centralized database pursuant to this section, the office may utilize, modify, or adapt any existing systems that provide functions related to, or that would supplement, the functions and purpose of the centralized database, including, but not limited to, the database established pursuant to P.L.2015, c.293 (C.26:2G-25.1 et seq.), the data dashboard report developed pursuant to P.L.2017, c.155 (C.30:4-177.66 et seq.), and nonidentifying prescription monitoring information furnished to the office by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to subsection m. of section 26 of P.L.2007, c.244 (C.45:1-46). The office shall be authorized to contract with an independent third party to establish and maintain the centralized database pursuant to this section.
i. To the extent that the centralized database includes any personal identifying information or any confidential health information concerning any patient, such information shall not be disclosed to any entity except as may be required pursuant to State or federal law. The office shall seek to avoid requiring any personal identifying information or confidential health information to be reported to, or included in, the centralized database, except as may be necessary and consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
j. The office shall make available to the public through its Internet website current data concerning the provision of treatment for alcohol use disorders and drug use disorders in the State, including: patient wait times; treatment program completion rates; reasons for non-completion of treatment; the level and nature of treatment modalities provided and the average duration of each phase of treatment; long-term recovery rates; remission and overdose rates; the number of patient referrals made by treatment providers to another provider, and the reasons for those referrals; and any other information the office deems appropriate.
4. (New section) a. The Office of Alcohol and Drug Use Disorders Policy shall develop standards, policies, and procedures to support the various departments, divisions, agencies, offices, and other entities that enter into contracts with treatment providers in order to ensure compliance with the terms of the contract and any applicable State or federal laws, regulations, and requirements, including, but not limited to:
(1) ensuring that treatment providers are meeting all requirements for payment under the contract;
(2) ensuring providers are compliant with all applicable criminal history record background check requirements and drug testing requirements for provider staff; and
(3) ensuring prompt reconciliation of any claims for payment, including promptly closing out contracts, processing claims for payment, and collecting receivables and any other amounts owed to the department, division, agency, office, or entity.
b. The office may designate a compliance officer, who shall be authorized to retain appropriate staff to provide support services to the various departments, divisions, agencies, offices, and other entities for the purposes of this section.
5. (New section) As used in sections 3 and 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), "treatment provider" means any entity that: receives State, county, or local funding; and is licensed or otherwise authorized by the Department of Health, or by the Division of Mental Health and Addiction Services in the Department of Human Services, to provide treatment, care, or related services to persons with alcohol use disorders or drug use disorders.
6. N.J.S.2C:35-15 is amended to read as follows:
2C:35-15. a. (1) In addition to any disposition authorized by this title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall be assessed for each such offense a penalty fixed at:
(a) $3,000.00 in the case of a crime of the first degree;
(b) $2,000.00 in the case of a crime of the second degree;
(c) $1,000.00 in the case of a crime of the third degree;
(d) $750.00 in the case of a crime of the fourth degree;
(e) $500.00 in the case of a disorderly persons or petty disorderly persons offense.
(2) A person being sentenced for more than one offense set forth in subsection a. of this section who is neither placed in supervisory treatment pursuant to this section nor ordered to perform reformative service pursuant to subsection f. of this section may, in the discretion of the court, be assessed a single penalty applicable to the highest degree offense for which the person is convicted or adjudicated delinquent, if the court finds that the defendant has established the following:
(a) the imposition of multiple penalties would constitute a serious hardship that outweighs the need to deter the defendant from future criminal activity; and
(b) the imposition of a single penalty would foster the defendant's rehabilitation.
Every person placed in supervisory treatment pursuant to the provisions of N.J.S.2C:36A-1 or N.J.S.2C:43-12 for a violation of any offense defined in this chapter or chapter 36 of this title shall be assessed the penalty prescribed herein and applicable to the degree of the offense charged, except that the court shall not impose more than one such penalty regardless of the number of offenses charged. If the person is charged with more than one offense, the court shall impose as a condition of supervisory treatment the penalty applicable to the highest degree offense for which the person is charged.
All penalties provided for in this section shall be in addition to and not in lieu of any fine authorized by law or required to be imposed pursuant to the provisions of N.J.S.2C:35-12.
b. All penalties provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section.
c. All moneys collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in a nonlapsing revolving fund to be known as the "Drug Enforcement and Demand Reduction Fund." Moneys in the fund shall be appropriated by the Legislature on an annual basis for the purposes of funding in the following order of priority: (1) the Alliance to Prevent [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders and its administration by the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy; (2) the "Alcoholism and Drug Abuse Program for the Deaf, Hard of Hearing and Disabled" established pursuant to section 2 of P.L.1995, c.318 (C.26:2B-37); (3) the "Partnership for a Drug Free New Jersey," the State affiliate of the "Partnership for a Drug Free America"; and (4) other alcohol use disorder and drug [abuse] use disorder programs.
Moneys appropriated for the purpose of funding the "Alcoholism and Drug Abuse Program for the Deaf, Hard of Hearing and Disabled" shall not be used to supplant moneys that are available to the Department of Health and Senior Services as of the effective date of P.L.1995, c.318 (C.26:2B-36 et al.), and that would otherwise have been made available to provide alcoholism and drug abuse services for the deaf, hard of hearing and disabled, nor shall the moneys be used for the administrative costs of the program.
d. (Deleted by amendment, P.L.1991, c.329).
e. The court may suspend the collection of a penalty imposed pursuant to this section; provided the person is ordered by the court to participate in a drug or alcohol rehabilitation program approved by the court; and further provided that the person agrees to pay for all or some portion of the costs associated with the rehabilitation program. In this case, the collection of a penalty imposed pursuant to this section shall be suspended during the person's participation in the approved, court-ordered rehabilitation program. Upon successful completion of the program, as determined by the court upon the recommendation of the treatment provider, the person may apply to the court to reduce the penalty imposed pursuant to this section by any amount actually paid by the person for his participation in the program. The court shall not reduce the penalty pursuant to this subsection unless the person establishes to the satisfaction of the court that he has successfully completed the rehabilitation program. If the person's participation is for any reason terminated before his successful completion of the rehabilitation program, collection of the entire penalty imposed pursuant to this section shall be enforced. Nothing in this section shall be deemed to affect or suspend any other criminal sanctions imposed pursuant to this chapter or chapter 36 of this title.
f. A person required to pay a penalty under this section may propose to the court and the prosecutor a plan to perform reformative service in lieu of payment of up to one-half of the penalty amount imposed under this section. The reformative service plan option shall not be available if the provisions of paragraph (2) of subsection a. of this section apply or if the person is placed in supervisory treatment pursuant to the provisions of N.J.S.2C:36A-1 or N.J.S.2C:43-12. For purposes of this section, "reformative service" shall include training, education or work, in which regular attendance and participation is required, supervised, and recorded, and which would assist in the defendant's rehabilitation and reintegration. "Reformative service" shall include, but not be limited to, substance abuse treatment or services, other therapeutic treatment, educational or vocational services, employment training or services, family counseling, service to the community and volunteer work. For the purposes of this section, an application to participate in a court-administered alcohol and drug rehabilitation program shall have the same effect as the submission of a reformative service plan to the court.
The court, in its discretion, shall determine whether to accept the plan, after considering the position of the prosecutor, the plan's appropriateness and practicality, the defendant's ability to pay and the effect of the proposed service on the defendant's rehabilitation and reintegration into society. The court shall determine the amount of the credit that would be applied against the penalty upon successful completion of the reformative service, not to exceed one-half of the amount assessed, except that the court may, in the case of an extreme financial hardship, waive additional amounts of the penalty owed by a person who has completed a court administered alcohol and drug rehabilitation program if necessary to aid the person's rehabilitation and reintegration into society. The court shall not apply the credit against the penalty unless the person establishes to the satisfaction of the court that he has successfully completed the reformative service. If the person's participation is for any reason terminated before his successful completion of the reformative service, collection of the entire penalty imposed pursuant to this section shall be enforced. Nothing in this subsection shall be deemed to affect or suspend any other criminal sanctions imposed pursuant to this chapter or chapter 36 of this title.
Any reformative service ordered pursuant to this section shall be in addition to and not in lieu of any community service imposed by the court or otherwise required by law. Nothing in this section shall limit the court's authority to order a person to participate in any activity, program or treatment in addition to those proposed in a reformative service plan.
(cf: P.L.2008, c.15, s.2)
7. Section 4 of P.L.1983, c.531 (C.26:2B-33) is amended to read as follows:
4. a. The governing body of each county, in conjunction with the county agency or individual designated by the county with the responsibility for planning services and programs for the care or rehabilitation of persons with alcohol use [disorder] disorders and persons with [a substance] drug use [disorder involving drugs] disorders, shall submit to the Office of Alcohol and Drug Use Disorders Policy, the Deputy Commissioner for the Division of Mental Health and Addiction Services, and the Governor's Council on Alcoholism and Drug Abuse an annual comprehensive plan for the provision of community services to meet the needs of persons with alcohol use [disorder] disorders and persons with [a substance] drug use [disorder involving drugs] disorders.
b. The annual comprehensive plan shall address the needs of urban areas with a population of 100,000 or over and shall demonstrate linkage with existing resources which serve persons with alcohol use [disorder] disorders and persons with [a substance] drug use [disorder] disorders and their families. Special attention in the plan shall be given to alcohol use [disorder] disorders and [substance] drug use [disorder] disorders and youth; intoxicated drivers and drivers with [substance] drug use [disorder] disorders; women and alcohol use [disorder] disorders and [substance] drug use [disorder] disorders; persons with disabilities and alcohol use [disorder] disorders and [substance] drug use [disorder] disorders; alcohol use [disorder] disorders and [substance] drug use [disorder] disorders on the job; alcohol use [disorder] disorders and [substance] drug use [disorder] disorders and crime; public information; and educational programs as defined in subsection c. of this section. Each county shall identify, within its annual comprehensive plan, the Intoxicated Driver Resource Center which shall service its population, as is required under subsection (f) of R.S.39:4-50. The plan may involve the provision of programs and services by the county, by an agreement with a State agency, by private organizations, including volunteer groups, or by some specified combination of the above.
If the State in any year fails to deposit the amount of tax receipts as is required under section 3 of P.L.1983, c.531 (C.26:2B-32), a county may reduce or eliminate, or both, the operation of existing programs currently being funded from the proceeds deposited in the Alcohol Education, Rehabilitation and Enforcement Fund.
c. Programs established with the funding for education from the fund shall include all courses in the public schools required pursuant to P.L.1987, c.389 (C.18A:40A-1 et seq.), programs for students included in the annual comprehensive plan for each county, and in-service training programs for teachers and administrative support staff including nurses, guidance counselors, child study team members, and librarians. All moneys dedicated to education from the fund shall be allocated through the designated county alcohol use disorder and [substance] drug use disorder agency and all programs shall be consistent with the annual comprehensive county plan submitted to the Office of Alcohol and Drug Use Disorders Policy, the Deputy Commissioner for the Division of Mental Health and Addiction Services, and the Governor's Council on Alcoholism and Drug Abuse pursuant to this section. Moneys dedicated to education from the fund shall be first allocated in an amount not to exceed 20 percent of the annual education allotment for the in-service training programs, which shall be conducted in each county through the office of the county alcohol use disorder and [substance] drug use disorder coordinator in consultation with the county superintendent of schools, local boards of education, local councils on alcohol use disorder and [substance] drug use disorder and institutions of higher learning, including the Rutgers University Center of Alcohol Studies. The remaining money in the education allotment shall be assigned to offset the costs of programs such as those which assist employees, provide intervention for staff members, assist and provide intervention for students, and focus on research and education concerning youth and alcohol use [disorder] disorders and [substance] drug use [disorder] disorders. These funds shall not replace any funds being currently spent on education and training by the county.
d. The governing body of each county, in conjunction with the county agency, or individual, designated by the county with responsibility for services and programs for the care or rehabilitation of persons with alcohol use [disorder] disorders and persons with [substance] drug use [disorder] disorders, shall establish a Local Advisory Committee on Alcohol Use [Disorder] Disorders and [Substance] Drug Use [Disorder] Disorders to assist the governing body in development of the annual comprehensive plan. The advisory committee shall consist of no less than 10 nor more than 16 members and shall be appointed by the governing body. At least two of the members shall be persons recovering from alcohol use [disorder] disorders and at least two of the members shall be persons recovering from [substance] drug use [disorder] disorders. The committee shall include the county prosecutor or his designee, a wide range of public and private organizations involved in the treatment of alcohol use disorders and [substance] drug use [disorder] disorders-related problems and other individuals with interest or experience in issues concerning alcohol [substance] use [disorder] disorders and [substance] drug use [disorder] disorders. Each committee shall, to the maximum extent feasible, represent the various socioeconomic, racial, and ethnic groups of the county in which it serves.
Within 60 days of the effective date of P.L.1989, c.51 (C.26:2BB-1 et al.), the Local Advisory Committee on Alcohol Use [Disorder] Disorders and [Substance] Drug Use [Disorder] Disorders shall organize and elect a chairman from among its members.
e. The [Deputy Commissioner for the Division of Mental Health and Addiction Services] Office of Alcohol and Drug Use Disorders Policy shall review the county plan pursuant to a procedure developed by the [deputy commissioner] office. In determining whether to approve an annual comprehensive plan under [this act] P.L.1983, c.531 (C.26:2B-32 et al.), the [deputy commissioner] Office of Alcohol and Drug Use Disorders Policy shall consider whether the plan is designed to meet the goals and objectives of the "Alcoholism Treatment and Rehabilitation Act," P.L.1975, c.305 (C.26:2B-7 et seq.) and the "Narcotic and Drug Abuse Control Act of 1969," P.L.1969, c.152 (C.26:2G-1 et seq.) and whether implementation of the plan is feasible. Each county plan submitted to the [deputy commissioner] Office of Alcohol and Drug Use Disorders Policy shall be presumed valid; provided it is in substantial compliance with the provisions of [this act] P.L.1983, c.531 (C.26:2B-32 et al.). Where the [department] Office of Alcohol and Drug Use Disorders Policy fails to approve a county plan, the county may request a court hearing on that determination.
(cf: P.L.2017, c.131, s.81)
8. Section 2 of P.L.1995, c.318 (C.26:2B-37) is amended to read as follows:
2. a. The Commissioner of Health shall establish an "Alcohol and Drug Abuse Program for the Deaf, Hard of Hearing and Disabled".
b. Pursuant to Reorganization Plan No. 002-2004, the Commissioner of Human Services shall continue to operate the program established pursuant to subsection a. of this section through the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Office of Alcohol and Drug Use Disorders Policy and the Governor's Council on Alcoholism and Drug Abuse.
(cf: P.L.2013, c.253, s.4)
9. Section 4 of P.L.1989, c.51 (C.26:2BB-4) is amended to read as follows:
The Governor's Council on Alcoholism and Drug Abuse is authorized and empowered to:
a. Review and [coordinate all State departments'] provide recommendations concerning the efforts of the various State departments in regard to the planning and provision of treatment, prevention, research, evaluation, and education services for, and public awareness of, [alcoholism and drug abuse] alcohol use disorders and drug use disorders;
b. [Prepare by July 1 of each year,] Assist the Office of Alcohol and Drug Use Disorders Policy to prepare the State government component of the Comprehensive Statewide [Alcoholism and Drug Abuse] Alcohol Use Disorders and Drug Use Disorders Master Plan for the treatment, prevention, research, evaluation, education, and public awareness of [alcoholism and drug abuse] alcohol use disorders and drug use disorders in this State, which plan shall include an emphasis on prevention, community awareness, and family and youth services;
c. [Review] Support the Office of Alcohol and Drug Use Disorders Policy in its review of each County Annual Alliance Plan and [the] in making its recommendations [of the Division of Alcoholism and Drug Abuse in the Department of Health] for awarding [the] Alliance grants [and, by October 1 of each year, return the plan to the Local Advisory Committee on Alcoholism and Drug Abuse with the council's proposed recommendations for awarding Alliance grants];
d. Submit, on an annual basis, recommendations to the Governor and the Legislature [by December 1 of each year the Comprehensive Statewide Alcoholism and Drug Abuse Master Plan which shall include recommended] concerning appropriate allocations to State departments, local governments, and local agencies and service providers of [all] State and federal funds for the treatment, prevention, research, evaluation, education, and public awareness of [alcoholism and drug abuse in accordance with the regular budget cycle] alcohol use disorders and drug use disorders, [and shall incorporate and unify all] along with recommendations for the incorporation and unification of State, county, local, and private alcohol use disorders and drug [abuse] use disorders initiatives;
e. [Distribute] Provide recommendations to the Office of Alcohol and Drug Use Disorders Policy concerning the distribution of grants [, upon the recommendation of the executive director of the council, by August 1 of each year] to counties and municipalities for [alcohol and drug abuse] alcohol use disorders and drug use disorders programs established under the Alliance to Prevent [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders;
f. Evaluate the existing funding mechanisms for [alcoholism and drug abuse] alcohol use disorders and drug use disorders services and recommend to the Governor and the Legislature any changes which may improve the coordination of services to citizens in this State;
g. Encourage the development or expansion of employee assistance programs for employees in both government and the private sector;
h. Evaluate the need for, and feasibility of, including other addictions, such as smoking and gambling, within the scope and responsibility of the council;
i. Collect from any State, county, local governmental entity or any other appropriate source data, reports, statistics, or other materials which are necessary to carry out the council's functions; and
j. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to carry out the purposes of [this act] P.L.1989, c.51 (C.26:2BB-1 et al.).
The council shall not accept or receive moneys from any source other than moneys deposited in, and appropriated from, the "Drug Enforcement and Demand Reduction Fund" established pursuant to N.J.S.2C:35-15 and any moneys appropriated by law for operating expenses of the council or appropriated pursuant to section 19 of P.L.1989, c.51.
(cf: P.L.1989, c.51, s.4)
10. Section 7 of P.L.1989, c.51 (C.26:2BB-7) is amended to read as follows:
7. a. There is created an Alliance to Prevent [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders, hereinafter referred to as the "Alliance," in the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy. The purpose of the Alliance is to create a network comprised of all the communities in New Jersey which is dedicated to a comprehensive and coordinated effort against [alcoholism and drug abuse] alcohol use disorders and drug use disorders. The Alliance shall be a mechanism both for implementing policies to reduce [alcoholism and drug abuse] the incidence of alcohol use disorders and drug use disorders at the municipal level, and for providing funds, including moneys from mandatory penalties on drug offenders, to member communities to support appropriate county and municipal-based [alcohol and drug abuse] alcohol use disorders and drug use disorders education and public awareness activities.
b. The [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy shall adopt rules and regulations for participation in, and the operation of, the Alliance and for the awarding of grants to municipalities and counties from funds appropriated for such purposes pursuant to P.L.1989, c.51 (C.26:2BB-1 et al.), section 5 of P.L.1993, c.216 (C.54:43-1.3), and funds derived from the "Drug Enforcement and Demand Reduction Fund" established pursuant to N.J.S.2C:35-15, for the purpose of developing:
(1) Organized and coordinated efforts involving schools, law enforcement, business groups, and other community organizations for the purpose of reducing [alcoholism and drug abuse] the incidence of alcohol use disorders and drug use disorders;
(2) In cooperation with local school districts, comprehensive and effective [alcoholism and drug abuse] alcohol use disorders and drug use disorders education programs in grades kindergarten through 12;
(3) In cooperation with local school districts, procedures for the intervention, treatment, and discipline of students abusing alcohol or drugs;
(4) Comprehensive [alcoholism and drug abuse] alcohol use disorders and drug use disorders education, support, and outreach efforts for parents in the community; and
(5) Comprehensive [alcoholism and drug abuse] alcohol use disorders and drug use disorders community awareness programs.
c. Funds disbursed under this section shall not supplant local funds that would have otherwise been made available for [alcoholism and drug abuse] alcohol use disorders and drug use disorders initiatives. Communities shall provide matching funds when and to the extent required by the regulations adopted pursuant to this section.
d. The county agency or individual designated by the governing body of each county pursuant to subsection a. of section 4 of P.L.1983, c.531 (C.26:2B-33), is authorized to receive from the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy moneys made available pursuant to this section. The designated county agency or individual shall establish a separate fund for the receipt and disbursement of these moneys.
(cf: P.L.1993, c.216, s.4)
11. Section 8 of P.L.1989, c.51 (C.26:2BB-8) is amended to read as follows:
a. Each Local Advisory Committee on [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders, established pursuant to section 4 of P.L.1983, c.531 (C.26:2B-33), shall establish a County Alliance Steering Subcommittee in conjunction with regulations adopted by the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy. The members of the subcommittee shall include, but not be limited to, private citizens and representatives of the:
(1) Local Advisory Committee on [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders;
(2) County Human Services Advisory Council;
(3) County Superintendent of Schools;
(4) Existing county council on [alcoholism] alcohol use disorders, if any;
(5) County Prosecutor's office;
(6) Family part of the Chancery Division of the Superior Court;
(7) Youth Services Commission;
(8) County School Board Association;
(9) County health agency;
(10) County mental health agency;
(11) Local businesses;
(12) County affiliate of the New Jersey Education Association; and
(13) Other service providers.
b. The functions of the County Alliance Steering Subcommittee shall include:
(1) Development and submission of a County Annual Alliance Plan for the expenditure of funds derived from the "Drug Enforcement and Demand Reduction Fund," N.J.S.2C:35-15;
(2) Development of programs and fiscal guidelines consistent with directives of the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy for the awarding of funds to counties and municipalities for drug and alcohol Alliance activities;
(3) Identification of a network of community leadership for the expansion, replication, and development of successful community model programs throughout the county; and
(4) Coordination of projects among and within municipalities to assure cost effectiveness and avoid fragmentation and duplication.
c. The County Alliance Steering Subcommittee shall ensure that the funds dedicated to education pursuant to section 2 of P.L.1983, c.531 (C.54:32C-3.1) do not duplicate the Alliance effort.
d. The Local Advisory Committee on [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders shall review and approve the County Annual Alliance Plan and submit this plan by July 1 of each year to the [Division of Alcoholism and Drug Abuse in the Department of Health and to the Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy.
e. After the County Annual Alliance Plan is returned by the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy to the Local Advisory Committee on [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders with the [council's] office's proposed recommendations for awarding the Alliance grants, pursuant to [subsection c. of section 4 of this amendatory and supplementary act] paragraph (3) of subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the committee, in conjunction with the [council] office, may revise its plan in accordance with the [council's] office's proposed recommendations.
The revised plan shall be completed in such time that it can be included in the [council's] office's annual recommendations to the Governor and the Legislature [that are due on December 1 of each year].
(cf: P.L.1989, c.51, s.8)
12. Section 1 of P.L.1971, c.128 (C.26:2G-31) is amended to read as follows:
1. It is declared to be the public policy of this State that the prevention of [substance] drug use, [substance] drug use disorders, and the treatment and rehabilitation of persons with [substance] drug use disorders is a matter of grave concern to the people of the State and requires that a comprehensive program be established to provide the broadest spectrum of medical and community services possible for local treatment and counseling facilities on a Statewide basis. Further, this Statewide effort must avoid divisiveness, organizational uncertainty, unnecessary duplication of efforts, and unproductive controversy and, therefore, will require coordination and supervision of local operations through strategically placed regional centers, all to be administered through the [Division of Mental Health and Addiction Services in the Department of Human Services] Office of Alcohol and Drug Use Disorders Policy.
(cf: P.L.2017, c.131, s.94)
13. R.S.39:4-50 is amended to read as follows:
39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:
(1) For the first offense:
(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;
(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;
(iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
(2) For a second violation, a person shall be subject to a fine of not less than $500 nor more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).
As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.
A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.
If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).
A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
(b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Mental Health and Addiction Services' Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing, the court shall forward to the Division of Mental Health and Addiction Services' Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program Unit.
(c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.
(d) The chief administrator shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by [this act] P.L.1977, c.29.
(e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey.
(f) The counties, in cooperation with the Division of Mental Health and Addiction Services and the commission, but subject to the approval of the Division of Mental Health and Addiction Services, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years' experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Mental Health and Addiction Services.
Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply.
Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75 for the first offender program or a per diem fee of $100 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of Health in consultation with the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator.
The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.
(g) When a violation of this section occurs while:
(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.
It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
(h) A court also may order a person convicted pursuant to subsection (a) of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department:
(1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers;
(2) a facility which cares for patients who have advanced [alcoholics or drug abusers] alcohol or drug use disorders, to observe persons in the advanced stages of [alcoholism or drug abuse] such disorders; or
(3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers.
As used in this section, "appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.
If at any time before or during a visitation the facility's supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct. If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage.
The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection.
(i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $125, of which amount $50 shall be payable to the municipality in which the conviction was obtained, $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund, and $25 which shall be payable as follows: in a matter where the summons was issued by a municipality's law enforcement agency, to that municipality to be used for the cost of equipping police vehicles with mobile video recording systems pursuant to the provisions of section 1 of P.L.2014, c.54 (C.40A:14-118.1); in a matter where the summons was issued by a county's law enforcement agency, to that county; and in a matter where the summons was issued by a State law enforcement agency, to the General Fund.
(cf: P.L.2014, c.54, s.2)
14. Section 26 of P.L.2007, c.244 (C.45:1-46) is amended to read as follows:
26. Access to prescription information.
a. The division shall maintain procedures to ensure privacy and confidentiality of patients and that patient information collected, recorded, transmitted, and maintained is not disclosed, except as permitted in this section, including, but not limited to, the use of a password-protected system for maintaining this information and permitting access thereto as authorized under sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), and a requirement that a person as listed in subsection h. or i. of this section provide affirmation of the person's intent to comply with the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) as a condition of accessing the information.
b. The prescription monitoring information submitted to the division shall be confidential and not be subject to public disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), or P.L.2001, c.404 (C.47:1A-5 et al.).
c. The division shall review the prescription monitoring information provided by a pharmacy permit holder pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). The review shall include, but not be limited to:
(1) a review to identify whether any person is obtaining a prescription in a manner that may be indicative of misuse, abuse, or diversion of a controlled dangerous substance. The director shall establish guidelines regarding the terms "misuse," "abuse," and "diversion" for the purposes of this review. When an evaluation of the information indicates that a person may be obtaining a prescription for the same or a similar controlled dangerous substance from multiple practitioners or pharmacists during the same time period, the division may provide prescription monitoring information about the person to practitioners and pharmacists; and
(2) a review to identify whether a violation of law or regulation or a breach of the applicable standards of practice by any person may have occurred, including, but not limited to, diversion of a controlled dangerous substance. If the division determines that such a violation or breach may have occurred, the division shall notify the appropriate law enforcement agency or professional licensing board, and provide the prescription monitoring information required for an investigation.
d. (Deleted by amendment, P.L.2015, c.74)
e. (Deleted by amendment, P.L.2015, c.74)
f. (Deleted by amendment, P.L.2015, c.74)
g. (Deleted by amendment, P.L.2015, c.74)
h. (1) A practitioner shall register to access prescription monitoring information upon initial application for, or renewal of, the practitioner's CDS registration.
(2) The division shall provide to a pharmacist who is employed by a current pharmacy permit holder online access to prescription monitoring information for the purpose of providing health care to a current patient or verifying information with respect to a patient or a prescriber.
(3) The division shall provide to a practitioner who has a current CDS registration online access to prescription monitoring information for the purpose of providing health care to a current patient or verifying information with respect to a patient or a prescriber. The division shall also grant online access to prescription monitoring information to as many licensed health care professionals as are authorized by a practitioner to access that information and for whom the practitioner is responsible for the use or misuse of that information, subject to a limit on the number of such health care professionals as deemed appropriate by the division for that particular type and size of professional practice, in order to minimize the burden to practitioners to the extent practicable while protecting the confidentiality of the prescription monitoring information obtained. The director shall establish, by regulation, the terms and conditions under which a practitioner may delegate that authorization, including procedures for authorization and termination of authorization, provisions for maintaining confidentiality, and such other matters as the division may deem appropriate.
(4) The division shall provide online access to prescription monitoring information to as many medical or dental residents as are authorized by a faculty member of a medical or dental teaching facility to access that information and for whom the practitioner is responsible for the use or misuse of that information. The director shall establish, by regulation, the terms and conditions under which a faculty member of a medical or dental teaching facility may delegate that authorization, including procedures for authorization and termination of authorization, provisions for maintaining confidentiality, provisions regarding the duration of a medical or dental resident's authorization to access prescription monitoring information, and such other matters as the division may deem appropriate.
(5) (a) The division shall provide online access to prescription monitoring information to:
(i) as many certified medical assistants as are authorized by a practitioner to access that information and for whom the practitioner is responsible for the use or misuse of that information;
(ii) as many medical scribes working in a hospital's emergency department as are authorized by a practitioner to access that information and for whom the practitioner is responsible for the use or misuse of that information; and
(iii) as many licensed athletic trainers working in a clinical setting as are authorized by a practitioner to access that information and for whom the practitioner is responsible for the use or misuse of that information.
(b) The director shall establish, by regulation, the terms and conditions under which a practitioner may delegate authorization pursuant to subparagraph (a) of this paragraph, including procedures for authorization and termination of authorization, provisions for maintaining confidentiality, provisions regarding the duration of a certified medical assistant's, medical scribe's, or licensed athletic trainer's authorization to access prescription monitoring information, and provisions addressing such other matters as the division may deem appropriate.
(6) The division shall provide online access to prescription monitoring information to as many registered dental assistants as are authorized by a licensed dentist to access that information and for whom the licensed dentist is responsible for the use or misuse of that information. The director shall establish, by regulation, the terms and conditions under which a licensed dentist may delegate that authorization, including procedures for authorization and termination of authorization, provisions for maintaining confidentiality, provisions regarding the duration of a registered dental assistant's authorization to access prescription monitoring information, and such other matters as the division may deem appropriate.
(7) A person listed in this subsection, as a condition of accessing prescription monitoring information pursuant thereto, shall certify that the request is for the purpose of providing health care to a current patient or verifying information with respect to a patient or practitioner. Such certification shall be furnished through means of an online statement or alternate means authorized by the director, in a form and manner prescribed by rule or regulation adopted by the director. If the information is being accessed by an authorized person using an electronic system authorized pursuant to subsection q. of this section, the certification may be furnished through the electronic system.
i. The division may provide online access to prescription monitoring information, or may provide access to prescription monitoring information through any other means deemed appropriate by the director, to the following persons:
(1) authorized personnel of the division or a vendor or contractor responsible for maintaining the Prescription Monitoring Program;
(2) authorized personnel of the division responsible for administration of the provisions of P.L.1970, c.226 (C.24:21-1 et seq.);
(3) the State Medical Examiner, a county medical examiner, a deputy or assistant county medical examiner, or a qualified designated assistant thereof, who certifies that the request is for the purpose of investigating a death pursuant to P.L.1967, c.234 (C.52:17B-78 et seq.);
(4) a controlled dangerous substance monitoring program in another state with which the division has established an interoperability agreement, or which participates with the division in a system that facilitates the secure sharing of information between states;
(5) a designated representative of the State Board of Medical Examiners, New Jersey State Board of Dentistry, State Board of Nursing, New Jersey State Board of Optometrists, State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other board in this State or another state that regulates the practice of persons who are authorized to prescribe or dispense controlled dangerous substances, as applicable, who certifies that the representative is engaged in a bona fide specific investigation of a designated practitioner or pharmacist whose professional practice was or is regulated by that board;
(6) a State, federal, or municipal law enforcement officer who is acting pursuant to a court order and certifies that the officer is engaged in a bona fide specific investigation of a designated practitioner, pharmacist, or patient. A law enforcement agency that obtains prescription monitoring information shall comply with security protocols established by the director by regulation;
(7) a designated representative of a state Medicaid or other program who certifies that the representative is engaged in a bona fide investigation of a designated practitioner, pharmacist, or patient;
(8) a properly convened grand jury pursuant to a subpoena properly issued for the records; and
(9) a licensed mental health practitioner providing treatment for substance abuse to patients at a residential or outpatient substance abuse treatment center licensed by the Division of Mental Health and Addiction Services in the Department of Human Services, who certifies that the request is for the purpose of providing health care to a current patient or verifying information with respect to a patient or practitioner, and who furnishes the division with the written consent of the patient for the mental health practitioner to obtain prescription monitoring information about the patient. The director shall establish, by regulation, the terms and conditions under which a mental health practitioner may request and receive prescription monitoring information. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a mental health practitioner to access or check the prescription monitoring information in the course of treatment beyond that which may be required as part of the mental health practitioner's professional practice.
j. A person listed in subsection i. of this section, as a condition of obtaining prescription monitoring information pursuant thereto, shall certify the reasons for seeking to obtain that information. Such certification shall be furnished through means of an online statement or alternate means authorized by the director, in a form and manner prescribed by rule or regulation adopted by the director.
k. The division shall offer an online tutorial for those persons listed in subsections h. and i. of this section, which shall, at a minimum, include: how to access prescription monitoring information; the rights of persons who are the subject of this information; the responsibilities of persons who access this information; a summary of the other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) and the regulations adopted pursuant thereto, regarding the permitted uses of that information and penalties for violations thereof; and a summary of the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website for further information about the specific provisions of the privacy rule.
l. The division may request and receive prescription monitoring information from prescription monitoring programs in other states and may use that information for the purposes of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). When sharing data with programs in another state, the division shall not be required to obtain a memorandum of understanding unless required by the other state.
m. The director may provide nonidentifying prescription drug monitoring information to public or private entities for statistical, research, or educational purposes, in accordance with the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). The director shall, upon request, provide nonidentifying prescription drug monitoring information to the Office of Alcohol and Drug Use Disorders Policy for the purposes of establishing, maintaining, implementing, and maximizing the utilization and functionality of the centralized Alcohol and Drug Use Disorders Treatment Database pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
n. Nothing shall be construed to prohibit the division from obtaining unsolicited automated reports from the program or disseminating such reports to pharmacists, practitioners, mental health care practitioners, and other licensed health care professionals.
o. (1) A current patient of a practitioner may request from that practitioner that patient's own prescription monitoring information that has been submitted to the division pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
A parent or legal guardian of a child who is a current patient of a practitioner may request from that practitioner the child's prescription monitoring information that has been submitted to the division pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
(2) Upon receipt of a request pursuant to paragraph (1) of this subsection, a practitioner or health care professional authorized by that practitioner may provide the current patient or parent or legal guardian, as the case may be, with access to or a copy of the prescription monitoring information pertaining to that patient or child.
(3) The division shall establish a process by which a patient, or the parent or legal guardian of a child who is a patient, may request a pharmacy permit holder that submitted prescription monitoring information concerning a prescription for controlled dangerous substances for that patient or child to the division pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) to correct information that the person believes to have been inaccurately entered into that patient's or child's prescription profile. Upon confirmation of the inaccuracy of any such entry into a patient's or child's prescription profile, the pharmacy permit holder shall be authorized to correct any such inaccuracies by submitting corrected information to the division pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). The process shall provide for review by the Board of Pharmacy of any disputed request for correction, which determination shall be appealable to the director.
p. The division shall take steps to ensure that appropriate channels of communication exist to enable any licensed health care professional, licensed pharmacist, mental health practitioner, pharmacy permit holder, or other practitioner who has online access to the Prescription Monitoring Program pursuant to this section to seek or provide information to the division related to the provisions of this section.
q. (1) The division may make prescription monitoring information available on electronic systems that collect and display health information, such as an electronic system that connects hospital emergency departments for the purpose of transmitting and obtaining patient health data from multiple sources, or an electronic system that notifies practitioners of information pertaining to the treatment of overdoses; provided that the division determines that any such electronic system has appropriate security protections in place.
(2) Practitioners who are required to access prescription monitoring information pursuant to section 8 of P.L.2015, c.74 (C.45:1-46.1) may discharge that responsibility by accessing one or more authorized electronic systems into which the prescription monitoring information maintained by the division has been integrated.
(cf: P.L.2017, c.341, s.3)
15. Section 5 of P.L.1993, c.216 (C.54:43-1.3) is amended to read as follows:
5. Any amounts collected pursuant to the "Alcoholic Beverage Tax Law," R.S.54:41-1 et seq., from a restricted brewery license issued pursuant to subsection 1c. of R.S.33:1-10 shall be credited to the [Governor's Council on Alcoholism and Drug Abuse] Office of Alcohol and Drug Use Disorders Policy to be allocated exclusively to the Alliance to Prevent [Alcoholism and Drug Abuse] Alcohol and Drug Use Disorders for the purpose of awarding grants to municipalities and counties as provided in subsection b. of section 7 of P.L.1989, c.51 (C.26:2BB-7).
(cf: P.L.1993, c.216, s.5)
16. This act shall take effect 120 days after the date of enactment, but the Commissioner of Health, the Commissioner of Human Services, the Attorney General, the Director of the Division of Mental Health and Addiction Services in the Department of Human Services, and the Assistant Commissioner for the Children's System of Care in the Department of Children and Families may take any anticipatory administrative action in advance as shall be necessary to implement the provisions of this act.
STATEMENT
This bill establishes the Office of Alcohol and Drug Use Disorders Policy (Office). The Office will be responsible for reviewing and coordinating all State departments' efforts with regard to the planning and provision of treatment, prevention, research, evaluation, and education services for, and public awareness of, alcohol use disorders and drug use disorders. The Office will serve strategic planning, advisory, coordination, communication, and development functions in order to coordinate Statewide efforts and drive improvements in the prevention of, and provision of treatment for, alcohol use disorders and drug use disorders. The Office will be allocated within the Department of the Treasury but will be independent of the department and will report directly to the Governor.
The duties of the Office will include developing a Comprehensive Statewide Alcohol Use Disorders and Drug Use Disorders Master Plan, to be submitted to the Governor and the Legislature by July 1 of each year, for the treatment, prevention, research, evaluation, education, and public awareness of alcohol use disorders and drug use disorders. The plan is to: incorporate and unify all State, county, local, and private alcohol use disorders and drug use disorders initiatives; include an emphasis on prevention, community awareness, and family and youth services; and include recommendations for funding allocations.
The Office will be required to review County Annual Alliance Plans and propose recommendations for awarding Alliance grants, and will additionally be responsible for distributing certain grants to counties and municipalities for alcohol use disorders and drug use disorders programs and evaluating the existing funding mechanisms for treatment services for alcohol use disorders and drug use disorders.
The Office will be required to encourage the development or expansion of employee assistance programs for both government and private sector employees.
The Office will be authorized to call upon any department, office, division, agency, or independent authority of State government to provide such information, resources, or other assistance as may be necessary to discharge the duties and functions of the Office and fulfill its responsibilities. The Office may collect from any State, county, local governmental entity, or any other appropriate source data, reports, statistics, or other materials which are necessary to carry out the functions of the Office.
The executive director of the Office will be required to convene a meeting, on at least an annual basis and at such additional intervals as the executive director of the office deems necessary, to be attended by the Attorney General, the Commissioner of Health, the Commissioner of Human Services, the Commissioner of Education, the Commissioner of Corrections, the Commissioner of Children and Families, the Commissioner of Community Affairs, the Commissioner of Banking and Insurance, the Assistant Commissioner for the Division of Mental Health and Addiction Services, the Director of the Division of Medical Assistance and Health Services, the Assistant Commissioner for the Children's System of Care, and other appropriate agencies, officers, and entities, in order to plan, develop, and coordinate State and local efforts to improve the prevention of, and the provision of treatment for, alcohol and drug use disorders.
The Office will be administered by an executive director, who will be appointed by the Governor with the advice and consent of the Senate. The executive director is to be a person qualified by education, training, and experience to perform the duties of the office. The executive director will serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the executive director's successor. The executive director will have the power to employ staff within the limits of funds appropriated or made available for that purpose, and will have broad authority to coordinate communication between, and request and receive information from, any department, division, or agency of the State. The executive director will be required to devote full time to the duties and responsibilities of the office, and will receive a salary as provided by law.
The Office will be required to develop and maintain a centralized Alcohol and Drug Use Disorders Treatment Resource Database that can be used to track Statewide treatment data, direct resources, develop recommendations regarding the allocation of funding and resources, facilitate referrals to available treatment resources, and evaluate provider performance. Specifically, treatment providers will be required to report certain data concerning patient wait times, the levels and duration of treatment provided to patients, the number of patients referred to other treatment providers and the reasons for those referrals, treatment completion rates, relapse and long-term recovery rates, and any other data or metrics the Office deems necessary and appropriate. The Office will use this data to evaluate provider performance as well as to develop best practices guidelines and performance benchmarks.
Additionally, treatment providers will be required update the database to indicate the availability of treatment spots at the provider, including the level of treatment available in each spot, the number of patients awaiting treatment, and the provider's anticipated treatment availability in the next 24 hours. Providers will be required to update this information at least once every 12 hours, and at more frequent intervals if the Office determines that more frequent or real-time reporting is feasible and appropriate. Treatment providers and agencies, offices, and other entities that serve as a contact point for patients seeking treatment will have access to the treatment availability information in the database for the purpose of referring patients to treatment.
The Office will be required to collaborate with the Office of the Attorney General and the Department of Health to include in the centralized database data concerning the number, location, and types of interventions performed throughout the State to treat drug overdoses, and in particular overdoses involving opioid drugs, in order to identify patterns in overdose incidents, coordinate outreach efforts in the affected communities, and determine and direct the Statewide allocation of funding and resources for the treatment of drug use disorders.
The Office will be authorized to establish programs providing financial and other incentives to treatment providers who achieve certain performance benchmarks established by the Office to drive improvements in the treatment of alcohol and drug use disorders. Benchmark goals may address patient wait times, patient retention, patient progression through a course of treatment, and the number and rate of patients who complete treatment. The Office will be required to periodically review and revise any incentive programs it establishes in order to maintain the integrity of the program, ensure the program is realizing improvements in patient care, modify benchmarks as needed, and revise or eliminate any aspects of a program that may result in adverse unintended consequences.
The Office is to utilize the database and consult with treatment providers and appropriate State, county, and local agencies to identify barriers that reduce the ability of patients to access appropriate treatment services. The Office is to develop appropriate responses to address or remove barriers to access, which may include: developing programs to provide transportation assistance, child care assistance, or home visits; working with health benefits carriers to secure coverage for all appropriate treatment modalities and services related to treatment; and working with treatment providers to promote flexible scheduling and expanded hours, and encourage and support providers to become authorized to prescribe and administer medication-assisted treatment.
For the purposes of establishing and maintaining a centralized database, the Office will be permitted to utilize, modify, or adapt any existing systems that provide functions related to, or that would supplement, the functions and purpose of the centralized database. The Office will also be authorized to contract with an independent third party to establish and maintain the database.
The bill provides that, to the extent that the centralized database includes any personal identifying information or any confidential health information concerning any patient, such information may not be disclosed to any entity except as may be required pursuant to State or federal law. The Office is to seek to avoid requiring any personal identifying information or confidential health information to be reported to, or included in, the database.
The Office will be required to make available to the public, through its Internet website, certain data concerning the provision of treatment for alcohol and drug use disorders, including: patient wait times; treatment program completion rates; reasons for non-completion of treatment; the level and nature of treatment modalities provided and the average duration of each phase of treatment; long-term recovery rates; remission and overdose rates; patient referrals made by treatment providers to other providers; and any other information the office deems appropriate.
The Office will be required to develop standards, policies, and procedures to support the various departments, divisions, agencies, offices, and other entities that enter into contracts with treatment providers to ensure compliance with the terms of the contract and any applicable State or federal laws, regulations, and requirements, including: ensuring that any requirements for payment under the contract are met; ensuring providers are complying with all applicable criminal history record background check and drug testing requirements for provider staff; and ensuring prompt reconciliation of any claims for payment, including promptly closing out contracts, processing claims, and collecting receivables and other amounts owed. For this purpose, the Office will be authorized to designate a compliance officer, who may retain appropriate staff to provide support services to the various departments, divisions, agencies, offices, and other entities.
The bill revises various provisions of the current statutory law to update references to include the Office and to transfer certain functions of the Governor's Council on Alcoholism and Drug Abuse to the Office.
