Bill Text: NJ S2079 | 2020-2021 | Regular Session | Introduced
Bill Title: "New Jersey Coordinated Substance Use Control Policy and Planning Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-03-16 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2079 Detail]
Download: New_Jersey-2020-S2079-Introduced.html
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
"New Jersey Coordinated Substance Use Control Policy and Planning Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the coordination of comprehensive substance use control policies, programs, services, and supports in New Jersey, supplementing Title 26 of the Revised Statutes, and amending and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known, and may be cited as, the "New Jersey Coordinated Substance Use Control Policy and Planning Act."
2. (New section) The Legislature finds and declares that:
a. The prevention of illicit substance use and substance use disorders, and the treatment and rehabilitation of persons with substance use disorders, are matters of grave concern to the citizens of New Jersey.
b. An individual's development of a substance use disorder is to be treated as a health problem, and not as a moral failing.
c. It is appropriate and necessary for individuals with substance use disorders, including incarcerated individuals and other individuals under criminal justice supervision, to have unrestricted access to a full continuum of care for substance use disorders, including intervention, assessment, treatment, and recovery programs, services, and supports, in the region or correctional facility where the individuals are located, as necessary to help them overcome addiction, attain and maintain sobriety, and live as productive members of society.
d. Individuals who are intoxicated by alcohol or who have a substance use disorder related to alcohol shall not be subject to criminal prosecution based solely on the consumption of alcoholic beverages, but shall be afforded the opportunity to engage in appropriate treatment.
e. While individuals who are intoxicated by drugs or who have a substance use disorder related to drugs may be criminally prosecuted and incarcerated for the possession or use of such drugs, it is nonetheless necessary to ensure that such individuals are able to access a full continuum of treatment and recovery programs, services, and supports, both during and after, or as an alternative to, incarceration.
f. The establishment and enforcement of uniform substance use control policies, treatment standards, and performance measures, and the identification of overriding substance use control policy priorities, is necessary to ensure that the State's substance use disorder prevention and treatment system is working effectively, across all relevant State agencies, to ensure that individuals with substance use disorders are provided with safe and effective care and treatment.
g. The State's current statutory system applicable to substance use control and treatment is outdated, disjointed, unclear, and does not accurately reflect the manner in which substance use disorder treatment facilities, programs, and services are currently regulated in the State.
h. Illicit substance use and the occurrence of substance use disorders in the State can only be fully and successfully addressed if the State takes action to ensure the implementation of a clear, comprehensive, cooperative interagency and interjurisdictional substance use control program, which provides for the broadest possible spectrum of prevention, treatment, recovery, and harm reduction facilities, programs, services, and supports, on a Statewide basis, across multiple agencies, while simultaneously avoiding interagency and interjurisdictional divisiveness and unproductive controversy, organizational uncertainty, the inefficient use of agency funds and other resources, and the unnecessary duplication of agency efforts.
i. It is therefore necessary and proper for the State to establish a Coordinated Statewide Substance Use Control Program and a comprehensive substance use control strategy, which will allow for the coordination and supervision of all interrelated substance use control operations through a centralized State office and director of Statewide substance use control policy and planning.
3. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill), P.L.2001, c.48 (C.26:2B-9.2 et seq.), P.L.1983, c.531 (C.26:2B-32 et seq.), P.L.1995, c.318 (C.26:2B-36 et seq.), and P.L.1989, c.51 (C.26:2BB-1 et seq.):
"Administrator" means the person in charge of the operation of a facility, or the person's designee.
"Admitted" means accepted for treatment at a facility.
"Agency" means, except where the context indicates otherwise, a department, agency, or instrumentality in the executive branch of State government.
"Appropriate budget committees" means the Assembly Appropriations Committee, the Assembly Budget Committee, and the Senate Budget and Appropriations Committee, or their successor committees.
"Appropriate health committees" means the Assembly Human Services Committee, the Assembly Health Committee, and the Senate Health, Human Services and Senior Citizens Committee, or their successor committees.
"Appropriate legislative committees" includes both the appropriate health committees and the appropriate budget committees.
"Assistant commissioner" means the Assistant Commissioner for the Division of Mental Health and Addiction Services in the Department of Human Services.
"Comprehensive substance use control strategy" or "strategy" means the strategy developed by the Executive Director of the Office of Coordinated Substance Use Control Policy and Planning, and submitted to the Legislature pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), which establishes goals, objectives, and targets to be achieved under the Coordinated Statewide Substance Use Control Program; and any report, plan, or strategy that is required to be incorporated into, or issued concurrently with, such strategy.
"Controlled dangerous substance" means a drug, substance, or immediate precursor in Schedules I through V of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.).
"Coordinated Statewide Substance Use Control Program" means the program established under P.L. , c. (C. ) (pending before the Legislature as this bill), which provides for the Office of Coordinated Substance Use Control Policy and Planning to oversee the operations of, and work cooperatively with, program partner agencies in matters of substance use control, and specifically, in the implementation of comprehensive, cooperative, and coordinated policies and programs that are designed to reduce or eliminate the occurrence of, and harms associated with, substance use disorders in the State.
"Demand reduction activity" means any activity, service, or program, not related to law enforcement, which is conducted by a program partner agency to minimize the demand for Schedule I controlled dangerous substances in the State, reducing the desire and willingness of residents to engage in the illicit use of other drugs and alcohol, otherwise prevent the occurrence of substance use disorders in the State, or provide, expand, or support the provision of treatment and recovery programs, services, and supports to individuals in the State who have a substance use disorder. "Demand reduction activities" may include, but need not be limited to, the following specific types of activities, services, or programs: activities, services, and programs that are designed to reduce the demand for, and the availability of, Schedule I controlled dangerous substances and other substances used for illicit purposes; educational campaigns that are designed to inform individuals about the dangers of illicit substance use; community-based substance use prevention programs; prescription drug take-back programs; targeted activities, services, or programs that attempt to prevent, deter, or delay substance use by youth and other at-risk populations; substance use disorder treatment services and programs, including activities, services, or programs that are designed to expand access to treatment; long-term recovery programs, services, and supports, as well as sober living programs and housing for persons who have completed treatment for a substance use disorder; drug-free workplace programs; drug testing programs; criminal justice intervention programs, services, and activities, such as diversion programs, drug courts, or special probation programs for persons who are drug or alcohol dependent, and treatment programs and services, including medication-assisted treatment programs, for persons who are incarcerated, or are on parole, on probation, or otherwise reentering the community following release from incarceration; and research related to any such activity.
"Director" means the Executive Director of the Office of Coordinated Substance Use Control Policy and Planning.
"Division" means the Division of Mental Health and Addiction Services in the Department of Human Services.
"Drug" means: a substance recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, or the official National Formulary, or in any supplement to any of those documents; any substance, other than food, which is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals, or which is intended to affect the structure or any function of the body of humans or other animals; and any article that is intended for use as a component of any such substance. "Drug" includes controlled dangerous substances and prescription legend drugs. "Drug" does not include a device; any component, part, or accessory of a device; or industrial hemp that is cultivated pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.).
"Emergency medical responder" means a person, other than a health care practitioner or law enforcement officer, who is employed on a paid or volunteer basis in the area of emergency response, including, but not limited to, an emergency medical technician, a mobile intensive care paramedic, a mobile intensive care nurse, or a firefighter.
"Emergency medical response entity" means an organization, company, governmental entity, community-based program, or healthcare system that is authorized to provide pre-hospital emergency medical services at the scene of an emergency. "Emergency medical response entity" includes, but is not limited to, a first aid, rescue and ambulance squad or other basic life support ambulance provider; a mobile intensive care provider or other advanced life support ambulance provider; an air medical service provider; or a firefighting company or organization, which squad, provider, company, or organization is qualified to send paid or volunteer emergency medical responders to the scene of an emergency.
"Emerging drug threat" means the emergence of a new and growing trend in the illicit use of a drug or class of drugs, including rapid expansion in the supply of, or demand for, such drug.
"Emerging Drug Threat Committee" means the committee established in the Office of Coordinated Substance Use Control Policy and Planning pursuant to section 15 of P.L. , c. (C. ) (pending before the Legislature as this bill), which is responsible for overseeing and responding to emerging and evolving drug threats in the State.
"Illicit substance use" or "illicit use" or "use for an illicit purpose" means the use of a Schedule I controlled dangerous substance; the use of a prescription drug or other drug in a manner that is not in accordance with the drug's lawful purpose or use; or the use of alcohol in an unlawful manner.
"Incapacitated" means the condition of a person who, as a result of the person's current or recent substance use: is unconscious; has judgment so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment; is in need of substantial medical attention; or is likely to suffer substantial physical harm.
"Independent physician" means a physician who does not hold an office or appointment in any State agency or public facility.
"Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of current or recent substance use.
"Law enforcement activity" means any effort by a State or local agency to enforce the drug, alcohol, or substance use disorder prevention or treatment laws of this State or of the United States, including investigation, arrest, prosecution, and incarceration or the imposition of other punishments or penalties.
"Medication-assisted treatment" means the use of methadone, buprenorphine, naltrexone, or any other medication approved by the federal Food and Drug Administration for the treatment of a substance use disorder, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.
"Nonprofit organization" means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. s.501(c)(3), and is exempt from tax under section 501(a) of such code.
"Office" means the Office of Coordinated Substance Use Control Policy and Planning established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Opioid Epidemic Activities Coordination Committee" means the committee established in the Office of Coordinated Substance Use Control Policy and Planning pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill), which is responsible for coordinating Statewide activities specifically in relation to the opioid epidemic.
"Prescription drug" means a prescription legend drug, including a controlled dangerous substance, which the federal Food and Drug Administration has approved for a medical use and purpose.
"Private facility" means any treatment facility, other than one that is operated by the federal government, the State of New Jersey, or any political subdivision thereof.
"Program partner agency" or "program partner" means any agency identified in subsection a. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any division or other component of such agency, which is responsible for implementing any aspect of the State's comprehensive substance use control strategy.
"Public facility" means a treatment facility that is operated by the State or a political subdivision thereof.
"Recovery residence" or "recovery housing" means professionally-managed or peer-managed housing, which: has a home-like atmosphere; provides a sober living environment and alcohol and drug free living accommodations to individuals, including individuals with dual mental health and substance use disorder diagnoses, who are recovering from a substance use disorder following the completion of treatment; does not provide clinical treatment services for mental health or substance use disorders; and is subject to regulation by the Department of Community Affairs as a rooming or boarding house, and not as a substance use disorder treatment facility. "Recovery residence" includes, but is not limited to, a facility that is commonly referred to as a sober living home.
"Statement of Executive Branch Substance Use Control Policy Priorities" or "Statement of Executive Priorities" means the statement issued by the Governor pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Substance" includes drugs and alcohol.
"Substance use control" or "substance use control activity" means a demand reduction activity or supply reduction activity that is conducted by the Office of Coordinated Substance Use Control Policy and Planning or a program partner agency under the Coordinated Statewide Substance Use Control Program, and in furtherance of the State's comprehensive substance use control strategy.
"Substance use disorder" means a maladaptive pattern of substance use, as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders, which is manifested by recurrent and significant adverse consequences related to the repeated use of drugs or alcohol.
"Substance use disorder prevention and treatment system" or "treatment system" means the system established and operated by the division pursuant to section 22 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Substance use disorder treatment" or "treatment" means an evidence-based, professionally directed, deliberate, and planned regimen of primary and supportive services and programs that are made available, on an inpatient or outpatient basis, to help persons overcome and recover from a substance use disorder and attain sobriety. "Substance use disorder treatment" may include, but shall not be limited to: identification, outreach, intervention, assessment, and diagnostic services; medical services; psychiatric, psychological, and social work services; medical monitoring and follow-up services; vocational, educational, recreational, and social services; and rehabilitative services such as pharmacotherapy and medication-assisted treatment, behavioral therapy, and individual and group counseling.
"Supply reduction activity" means any activity, service, or program that is conducted by a program partner agency to reduce the availability, accessibility, and supply in the State of Schedule I controlled dangerous substances and other substances used for illicit purposes. "Supply reduction activities" may include, but need not be limited to, the following specific types of activities, services, and programs: law enforcement activities and programs; economic development programs that are primarily intended to reduce the production or trafficking of Schedule I controlled dangerous substances, or the production or trafficking of other drugs and alcohol for illicit purposes; drug seizure activities; the interjurisdictional and interagency sharing of information relating to the production and trafficking of Schedule I controlled dangerous substances, and of other drugs and alcohol for illicit purposes; activities, services, and programs that are designed to prevent the diversion of prescription drugs for illicit purposes; and research related to any such activities.
"Treatment facility" or "facility" means any establishment, facility, or institution, whether public or private, or any portion thereof, which provides services designed for the residential or outpatient diagnosis, care, treatment, or rehabilitation of two or more nonrelated individuals with a substance use disorder, and which is licensed or certified to operate pursuant to section 20 or 21 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill). "Treatment facility" includes, but is not limited to: an intoxication treatment center that provides intoxicated persons with emergency medical care and services on a 24-hour a day, seven-day-per-week basis, including examination, diagnosis, and detoxification services, as well as services and referrals to address the patient's immediate physical and social needs, such as needs for medication and shelter, and which, to the extent possible, is affiliated with a general or other hospital; a residential facility that provides treatment to individuals who are in need of intensive residential treatment for a substance use disorder, and which, to the extent possible, is affiliated with the medical service of a general hospital, mental hospital, community mental health center, or other hospital; an outpatient facility or clinic, including a community health clinic, that provides treatment to individuals whose substance use disorder can be managed successfully on a non-intensive outpatient basis; or an aftercare facility, including, but not limited to, a halfway house. "Treatment facility" does not include a recovery residence or sober living home that is regulated by the Department of Community Affairs as a rooming or boarding house.
4. (New section) a. The Office of Coordinated Substance Use Control Policy and Planning is hereby established in, but not of, the Department of Human Services. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of Coordinated Substance Use Control Policy and Planning is allocated within the Department of Human Services, but, notwithstanding this allocation, the office shall be independent of any supervision or control by the department, or by any officer or employee thereof.
b. The purpose of the Office of Coordinated Substance Use Control Policy and Planning shall be to provide a centralized office for the coordination and oversight of all substance use control activities taking place in the State across all program partner agencies, local governments, and State and local law enforcement agencies, in accordance with the principles and policies identified in the Statement of Executive Branch Substance Use Control Policy Priorities, and as necessary to achieve the goals, objectives, and targets identified in the State's comprehensive substance use control strategy published by the office pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. (1) The office shall be administered by an executive director, who shall be appointed by the Governor with the advice and consent of the Senate. The director shall be properly qualified by education, training, and experience to perform the duties and effectuate the functions of the office, as specified by P.L. , c. (C. ) (pending before the Legislature as this bill), and shall serve at the pleasure of the Governor, during the Governor's term of office, until another person is appointed to serve in the position. The director shall be dedicated, full time, to effectuating the mission of the office, and shall receive a salary as shall be provided by law.
(2) The Governor, with the advice and consent of the Senate, shall also appoint a deputy director of the office, who shall: (a) report directly to the director; (b) carry out all of the duties and powers prescribed by the executive director; and (c) serve as the acting director in the executive director's absence, including in cases where the director has died, resigned, or is otherwise unable to perform the functions and duties of the office.
5. (New section) a. The director, through the office, shall have the duty to:
(1) assist the Governor and Legislature in the establishment of comprehensive policies, goals, and priorities for the Coordinated Statewide Substance Use Control Program, particularly in association with the development and publication of the Statement of Executive Branch Substance Use Control Policy Priorities pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) adopt a comprehensive substance use control strategy, which shall: (a) be published in accordance with the timeframes established by section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); and (b) contain the information required by section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(3) consult with, advise, and assist program partner agencies, local governments, State and local law enforcement agencies, and other appropriate persons and entities in implementing the comprehensive substance use control strategy and in achieving the goals, objectives, and targets described in the strategy;
(4) coordinate and oversee program partner compliance with, and adherence to, the comprehensive substance use control strategy; ensure that each program partner agency is working in accordance with the agency's stated responsibilities under the strategy and in a manner that reflects, and is consistent with, the overarching policies, goals, and priorities of the Coordinated Statewide Substance Use Control Program, as identified under paragraph (1) of this subsection and in the Statement of Executive Priorities published pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); and make recommendations to program partners with respect to the implementation of appropriate substance use control programs and services, and the use of funds appropriated for substance use control purposes, as provided by P.L. , c. (C. ) (pending before the Legislature as this bill);
(5) provide budget recommendations to the heads of each program partner agency, by July 1 of each year, which budget recommendations shall apply to the next budget year and each of the four subsequent fiscal years, and shall include requests for specific funding initiatives that are consistent with the priorities identified in the comprehensive substance use control strategy;
(6) monitor and evaluate the effectiveness of substance use control activities undertaken, and programs implemented, by program partner agencies in furtherance of the State's comprehensive substance use control strategy, through the development and application of specific performance measures and targets, the use of program and performance audits and evaluations, and the monitoring of spending by program partner agencies, as authorized by P.L. , c. (C. ) (pending before the Legislature as this bill);
(7) facilitate the use of collaborative efforts to identify duplication, overlaps, or gaps in funding made available for substance use control purposes, and to ensure the most efficient and effective allocation of funding for such purposes;
(8) facilitate the broad-scale sharing of information on substance use control efforts and activities and the standardization of data compilation and reporting requirements among program partner agencies, law enforcement agencies, and local government units, in order to support the Coordinated Statewide Substance Use Control Program and achieve the goals, objectives, and targets identified in the State's comprehensive substance use control strategy;
(9) consult with, and assist, local governments and State and local law enforcement agencies with respect to their interactions with program partner agencies;
(10) develop standards, policies, and procedures to support program partner agencies and other entities that enter into contracts with treatment facilities, in order to ensure that: (a) treatment facilities are meeting all contractual requirements for payment; (b) treatment facilities are acting in compliance with all other contractual terms, including, but not limited to, criminal history record background check and drug testing requirements applicable to facility staff; and (c) contracts are being properly closed-out, and claims for payment are being promptly and properly processed and reconciled;
(11) provide recommendations to the Governor and the Legislature, as determined by the director to be appropriate, regarding changes in the organization, management, and budgets of program partner agencies, and changes in the allocation of personnel to and within those program partner agencies, as necessary to implement the Statewide strategy and effectuate the policies, goals, objectives, and priorities established under paragraph (1) of this subsection;
(12) in consultation and cooperation with the Office of the Attorney General, the Department of Human Services, and other appropriate program partner agencies, biennially review existing State and local laws and regulations governing intoxicated driving, the manufacture, sale, and consumption of alcoholic beverages, and the administration, prescription, use, and diversion and misuse of prescription drugs, in order to determine:
(a) how those laws and regulations relate to, and are consistent or inconsistent with: the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill); the priorities identified in the Statement of Executive Branch Substance Use Control Policy Priorities; and the goals, objectives, and targets outlined in the State's comprehensive substance use control strategy; and
(b) what types of treatment programs and punishments are appropriate for individuals who are convicted of intoxicated driving or drug-related offenses;
(13) as provided by subsection b. of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), review policy changes that are proposed or implemented by a program partner agency, in order to determine whether such changes are consistent with the State strategy;
(14) serve as a spokesperson for the executive branch on all matters related to substance use control, and appear and testify before appropriate legislative committees on all issues related to the Coordinated Statewide Substance Use Control Program, the implementation of the State's comprehensive substance use control strategy, and the substance use control policies of the executive branch;
(15) ensure that current research and information on matters related to substance use and substance use control is effectively disseminated by program partner agencies to local governments, nonprofit organizations, and other nongovernmental entities that are involved in substance use control activities, and to members of the public, by: (a) encouraging program partner agencies that conduct or sponsor research, and program partner agencies that disseminate information, to engage in formal consultation with regard to the development of research and information dissemination agendas; (b) encouraging program partner agencies to develop and implement information dissemination plans that specifically target governmental and nongovernmental entities involved in demand reduction activities; and (c) regularly updating the information contained on the substance use control data dashboard established pursuant to section 17 of P.L. , c. (C. ) (pending before the Legislature as this bill), and encouraging all program partner agencies to provide all appropriate and relevant information to the data dashboard;
(16) coordinate with individuals and entities in the private sector to promote private research into substance use disorders and substance use control methodologies, including, but not limited to, research with respect to the development of new and innovative approaches to substance use disorder treatment, and the development of new addiction treatment medications;
(17) designate, terminate the designation of, and respond to emerging drug threats, as provided by subsection c. of section 15 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(18) work with the Office of the Attorney General to identify, and obtain statistical information about, the counties and regions of the State: (a) that have high rates of substance use disorders or substance use-related crime; (b) where substance use is having a particularly harmful impact; (c) that are acting as distribution or manufacturing centers for Schedule I controlled dangerous substances or other drugs that are used for illicit purposes; (d) where law enforcement resources are stressed because of substance use-related issues; (e) where State and local resources have been committed to respond to a substance use-related problem, thereby indicating a determination to respond aggressively to the problem; and (f) where a significant increase in resources is necessary to respond adequately to substance use-related problems occurring in the county or region; and encourage and facilitate the sharing of information and resources among State and local law enforcement agencies in relation to substance use control activities that are undertaken, and substance-use related arrests that are effectuated, by such agencies;
(19) within the limits of appropriated funds, administer appropriate grant programs, in furtherance of the State's comprehensive substance use control strategy, including programs that award grants to appropriate nonprofit organizations engaged in community-based substance use control activities, and programs that award grants to appropriate nonprofit organizations that conduct research into the effectiveness, efficiency, or expansion of substance use control activities being undertaken in the State; and provide information to the public about the nature of all substance use control grants issued under such programs, and about the performance and effectiveness of each such grant program;
(20) work in consultation with the Division of Mental Health and Addiction Services in the Department of Human Services and the Governor's Council on Substance Use Control to establish recommendations for the awarding of grants by the Local Substance Use Control Alliance established pursuant to section 7 of P.L.1989, c.51 (C.26:2BB-7); and
(21) review each County Annual Alliance Plan submitted by a Local Advisory Committee on Substance Use Control pursuant to subsection d. of section 8 of P.L.1989, c.51 (C.26:2BB-8), and return the plan, by October 1 of each year, to the Local Advisory Committee, with the office's proposed recommendations for the awarding of grants by the Local Substance Use Control Alliance.
b. The director shall have the power and authority to:
(1) select, appoint, employ, and fix the compensation of such officers and employees of the office as may be necessary to carry out the duties of the director and functions of the office under P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) establish advisory councils, working groups, or research committees, and hire or appoint appropriate policy or service coordinators or compliance officers, as the director deems necessary to effectuate the priorities of the Coordinated Statewide Substance Use Control Program and achieve the goals, objectives, and targets identified in the comprehensive substance use control strategy;
(3) consult with, and provide assistance to, the committees, working groups, advisory councils, and other entities established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), as well as to members of the public, appropriate legislative committees, and any other person or entity the director deems appropriate;
(4) request the head of any program partner agency to place department or agency staff who are engaged in substance use control activities on temporary detail to another program partner agency, as necessary to ensure the most efficient and effective implementation of the comprehensive substance use control strategy. The head of such program partner agency shall comply with any request issued pursuant to this paragraph;
(5) utilize, update, or improve on existing data systems as necessary to comply with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);
(6) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of State and local entities;
(7) request and obtain relevant data and information on substance use disorders, and on substance use control activities occurring in the State, from any program partner agency, State or local government, State or local law enforcement agency, nonprofit organization, educational institution, or any other appropriate entity;
(8) solicit, contract for, accept, and use any gifts, grants, loans, devises, or bequests of funds, facilities, property, services, or assistance, in any form, from the federal government, or any instrumentality thereof, from State or local government entities, or from any private person or entity, and do all things necessary to cooperate with the federal government or any of its agencies in connection with the application for any federal grant or loan; provided, however, that any money received under this subsection shall be deposited with the State Treasurer to be kept in a separate fund in the treasury for expenditure by the office in accordance with the conditions of the gift, grant, loan, devise, or bequest, without specific appropriation;
(9) in accordance with the conditions established by subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), transfer funds that were made available to one program partner agency under the Coordinated Statewide Substance Use Control Program to another account within such agency, or to another program partner agency, for the purposes of furthering the State's comprehensive substance use control strategy; and
(10) in accordance with the conditions established by subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), control the use of funds by program partner agencies, through the issuance of fund control notices, as may be necessary to ensure program partner compliance with the State's comprehensive substance use control strategy.
6. (New section) a. Not later than April 1 of any year in which there is a gubernatorial inauguration, the director shall publish on the office's Internet website, and shall submit to the appropriate legislative committees, a Statement of Executive Branch Substance Use Control Policy Priorities, which shall reflect the Governor's goals and priorities in relation to the issue of substance use control in the State, and present the guiding principles that are to be used in effectuating the Coordinated Statewide Substance Use Control Program and developing the State's comprehensive substance use control strategy under subsection b. of this section. The Governor shall simultaneously issue any executive reorganization plans that the Governor deems to be necessary and appropriate to effectuate the goals and priorities outlined in the Statement of Executive Priorities.
b. (1) Not later than February 1 of any year following the year in which there is a gubernatorial inauguration, and biennially thereafter, the director shall prepare and publish, on the office's Internet website, and submit to the appropriate legislative committees, a comprehensive substance use control strategy that is designed to implement the policy priorities of the executive branch, as identified in the Statement of Executive Priorities published pursuant to subsection a. of this section. If the director fails to timely submit the comprehensive substance use control strategy to the appropriate legislative committees, the director shall send written notification to the appropriate legislative committees explaining why the strategy was not timely submitted, and specifying the date by which the strategy will be submitted.
(2) The comprehensive substance use control strategy shall be revised and updated, as appropriate, at the following times: (a) whenever a new Governor is inaugurated, in accordance with the timeframes established by paragraph (1) of this subsection; (b) on at least a biennial basis following the strategy's initial publication in a gubernatorial term; and (c) at any other time, upon a determination by the Governor, in consultation with the director, that the current strategy is insufficient or ineffective.
c. Notwithstanding the provisions of this section to the contrary, if P.L. , c. (C. ) (pending before the Legislature as this bill) is enacted prior to, or immediately following, the year of a gubernatorial inauguration, the Statement of Executive Priorities required by subsection a. of this section shall be prepared within 120 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and the strategy required by subsection b. of this section shall be prepared within 180 days after the publication of the Statement of Executive Priorities pursuant to this subsection. Following such initial publication, the provisions of subsections a. and b. of this section shall apply, and shall govern the future publication of such documents.
7. (New section) Any policy, goal, objective, or target adopted by the director or implemented by the office pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be based on the best available medical and scientific research and evidence showing the effectiveness or appropriateness of such policy, goal, objective, or target in relation to its actual or potential impacts on individual health, and the rates of substance use, substance use disorders, and related illnesses and disorders occurring in the State.
8. (New section) a. The comprehensive substance use control strategy published pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall set forth a comprehensive cross-agency plan to reduce the occurrence of substance use disorders, and the ancillary problems associated with substance use disorders, throughout the State by:
(1) reducing the demand for Schedule I controlled dangerous substances, and the desire and willingness of residents to engage in the illicit use of other substances;
(2) limiting the availability, supply, and street sales of Schedule I controlled dangerous substances, and the availability, supply, and street sales of prescription drugs for illicit purposes, such as by preventing the unlawful diversion of opioids and other prescription drugs for illicit purposes, and promoting the responsible use, prescription, dispensation, administration, storage, and disposal of prescription drugs;
(3) promoting and working to ensure the safe, lawful, and responsible use of alcohol;
(4) promoting the development of, and working to provide, effective, evidence-based early intervention, treatment, and recovery programs, services, and supports for persons with substance use disorders, including persons who have co-occurring physical or mental illnesses or disorders;
(5) facilitating interagency and interjurisdictional collaboration, and the best use of each agency's resources and subject-matter expertise, on all matters related to substance use control;
(6) notwithstanding the agency officially designated as the agency having authority over a given program, system, or initiative, transferring oversight over the program, system, service, or initiative to any other agency the Governor deems to the be the appropriate agency to oversee the program, system, service, or initiative, consistent with the principles set forth in the Statement of Executive Priorities and the goals, objectives, and targets identified in the comprehensive substance use control strategy, which transfer may be effectuated pursuant to an executive reorganization plan or other administrative transfers as the Governor deems necessary and appropriate;
(7) identifying and addressing the root causes of substance use disorder, and the ancillary issues associated with substance use disorder, which may include, but need not be limited to: (a) economic hardship; (b) criminal behavior; (c) mental illness; (d) discrimination, stigma, or bias; and (e) lack of housing, education, work, or family or community supports; and
(8) supporting and facilitating ongoing research on all matters related to substance use control.
b. The comprehensive substance use control strategy shall, at a minimum, include the following:
(1) a mission statement detailing the major functions of the office in effectuating the priorities of the Coordinated Statewide Substance Use Control Program, as articulated in the Statement of Executive Branch Substance Use Control Policy Priorities, and in implementing the State's comprehensive substance use control strategy;
(2) comprehensive, quantifiable, research-based, short-term and long-term goals for reducing the incidence of substance use disorders and the deleterious effects associated with substance use disorders in New Jersey, and a description of how each such goal will be achieved, including, for each goal: (a) a list of the relevant program partner agencies that will assist in achieving the goal, and a description of each such agency's related responsibilities, programs, activities, and available assets and resources, as well as an indication of the manner in which each of the agency's programs, activities, assets, and resources will be used to achieve the stated goal; (b) a list of relevant stakeholders, and an indication of the manner in which each such stakeholder will assist the State in achieving the stated goal; (c) an estimate of funding and other resources needed to achieve the stated goal, and a description of any available federal funding sources; (d) a list of new or existing coordinating mechanisms that will be needed to achieve the stated goal; and (e) the office's role in facilitating the achievement of the stated goal;
(3) for each year covered by the strategy, a performance evaluation plan to be used by the office in evaluating the progress made by program partner agencies with respect to the achievement of each goal established under paragraph (2) of this subsection, which plan shall include: (a) specific performance measures for each program partner agency, which shall be used to evaluate the agency's fulfillment of its responsibilities under the strategy and the agency's effectiveness in achieving the short-term and long-term quantifiable goals that the director determines may be achieved during each year; (b) annual, and, to the extent practicable, quarterly objectives and targets for each performance measure developed under subparagraph (a) of this paragraph; (c) an estimate of funding and other resources needed to achieve each performance objective and target; and (d) a description of existing performance-related data sources and additional data collection measures that are necessary to evaluate agency performance, and an indication as to how the director will obtain requisite performance data, such as through the use of the data collection plan established under paragraph (9) of this subsection;
(4) a five-year fiscal projection for the Coordinated Statewide Substance Use Control Program, including budget priorities;
(5) a review of existing State, local, and private sector substance use control activities, as necessary to evaluate the effectiveness of such activities and determine how to best coordinate the use of available substance use control resources and agency expertise throughout the State;
(6) a list of any anticipated challenges to the achievement of the goals identified in paragraph (2) of this subsection, and a description of actions that have been planned to address those challenges;
(7) a description of how each goal identified in paragraph (2) of this subsection was determined to be appropriate, including: (a) a description of each consultation required by subsection c. of this section and a description of how each such consultation influenced the development of the goal; and (b) the data, research, or other information that was used to inform the determination that the goal was appropriate;
(8) a description of the current prevalence of substance use in the State, by substance, including an indication of the availability of each type of Schedule I controlled dangerous substance, and the prevalence and type of substance use disorders, by substance, which are occurring in the State;
(9) a systemic data collection plan, which shall include: (a) a plan for increasing data collection capabilities and analytical and monitoring capabilities across program partner agencies, in order to enable real time surveillance of emerging drug threats and substance use control activities and capabilities in the State, including open bed space in treatment facilities and recovery residences; (b) a list of policy-relevant questions for which the director and each program partner agency intends to develop evidence to support the Coordinated Statewide Substance Use Control Program and comprehensive substance use control strategy; (c) a list of data that the director and each program partner agency intends to collect, use, or acquire to facilitate substance use control-related policymaking, service provision, and monitoring; (d) a list of methods and analytical approaches that may be used to develop or analyze evidence used to support the Coordinated Statewide Substance Use Control Program and comprehensive substance use control strategy; (e) a list of any challenges associated with the development of evidence to support substance use control-related policymaking, including any barriers to accessing, collecting, or using relevant data; (f) a description of the steps that the office and each program partner agency will undertake to effectuate the data collection plan; and (g) any other information the director deems to be relevant;
(10) a strategic overdose response plan, developed in consultation with the Opioid Epidemic Activities Coordination Committee, which shall: (a) provide for the coordination of multi-disciplinary efforts to prevent, reduce, and respond to overdoses from opioids and other drugs; (b) provide for the uniform reporting of fatal and non-fatal overdoses to public health and safety officials; (c) provide for increased data sharing among public health and safety officials concerning drug-related dependence and disorder trends, and related crime; and (d) enable the collaborative deployment of prevention, intervention, treatment, and law enforcement resources to address overdoses and the factors that lead to overdoses;
(11) a strategic plan to expand treatment and recovery options for individuals with substance use disorders, which plan shall: (a) identify unmet needs for substance use disorder treatment and develop a strategy for closing the gap between available and needed treatment; (b) identify unmet needs for substance use disorder recovery services and programs, including recovery residences, and develop a strategy for closing the gap between available and needed recovery programs, systems, and supports; (c) describe the specific roles and responsibilities of each relevant program partner agency in implementing the plan; (d) identify the specific resources that are required to enable each relevant program partner agency to effectuate the agency's responsibilities under the plan; and (e) identify the resources, including from private sources, which are required to eliminate the unmet need for substance use disorder treatment and recovery services, programs, and facilities; and
(12) an analysis of any other statistical data and information that the director considers to be appropriate to demonstrate and assess trends related to: (a) illicit substance use in the State; (b) the effects and consequences of such use, including the effects on youth and other at-risk populations, and on society at large; (c) the ancillary issues associated with substance use disorder, including economic hardship, criminal behavior, mental illness, discrimination, stigma, or bias, and lack of housing, education, work, or family or community supports; (d) the effectiveness of substance use control activities throughout the State; (e) and the implementation of the State's comprehensive substance use control strategy.
c. When formulating the comprehensive substance use control strategy pursuant to this section, the director shall consult with, seek input from, and, to the maximum extent possible, obtain support for the strategy and a commitment to undertake actions in accordance with the strategy, from:
(1) the heads of each program partner agency;
(2) local government units;
(3) each of the coordinators appointed by the director pursuant to paragraph (2) of subsection b. of section 5, subsection i. of section 11, and subsection f. of section 15 of P.L. , c. (C. , C. , and C. ) (pending before the Legislature as this bill);
(4) the Emerging Drug Threats Committee;
(5) the Opioid Epidemic Activities Coordination Committee;
(6) the appropriate legislative committees;
(7) State and local law enforcement agencies with experience in substance use control; and
(8) private citizens and entities, including, but not limited to, community and faith-based organizations, nonprofit organizations, and educational institutions that have experience and expertise in substance use control or research related to substance use control.
d. In selecting data and information for inclusion in the strategy, the director shall ensure the inclusion of data and information that:
(1) reflects, and is consistent with, the best available research and evidence;
(2) permits an analysis of current trends against previously compiled data and information in cases where the director determines that such analysis will enhance the long-term assessment of the comprehensive substance use control strategy; and
(3) permits a standardized and uniform assessment of the effectiveness of substance use disorder prevention, treatment, recovery, and harm reduction programs, services, and supports throughout the State.
9. (New section) a. Program partner agencies having responsibilities under the comprehensive substance use control strategy shall include the Departments of Human Services, Health, Community Affairs, Law and Public Safety, Corrections, Education, and Environment, or their successor agencies, and any other agencies deemed appropriate by the director and identified in the strategy. The responsibilities of each program partner agency, as described under the strategy, shall comport with the jurisdiction and authority of each such agency.
b. The head of each program partner agency shall:
(1) cooperate with the director and the office in all matters related to the program partner's implementation of the Coordinated Statewide Substance Use Control Program and the comprehensive substance use control strategy;
(2) provide the director with statistics, studies, reports, and other data or information that has been prepared or collected by the program partner agency, as well as a description of the substance use control activities that are being undertaken by the program partner agency, in accordance with the agency's responsibilities under the comprehensive substance use control strategy;
(3) annually prepare, and submit to the director, in a form and manner prescribed by the director, a written report evaluating the progress that has been made by the program partner agency over the prior fiscal year with respect to each of the goals, objectives, and targets described in the comprehensive substance use control strategy, including progress that has been achieved with respect to: (a) expanding access to, and increasing the effectiveness of, evidence-based prevention, treatment, and recovery programs, services, and supports; (b) reducing crime associated with substance use; (c) reducing the negative health and social consequences of substance use in the State; (d) reducing access to, or the sources of, Schedule I controlled dangerous substances and other substances used for illicit purposes; (e) preventing the diversion and misuse of prescription drugs; and (f) attaining any other goal, objective, or target identified in the strategy. A report prepared pursuant to this paragraph shall evaluate the agency's performance using the agency-specific performance measures that have been developed by the director pursuant to paragraph (3) of subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(4) annually prepare and submit to the director, in a form and manner prescribed by the director, a detailed written accounting of all funds expended by the agency for substance use control activities during the prior fiscal year, including an indication as to how those expenditures were consistent with the comprehensive substance use control strategy and the budget recommendations made by the director pursuant to paragraph (5) of subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(5) in accordance with the provisions of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), annually prepare and submit to the director a copy of the agency's substance use control budget request for the upcoming fiscal year; and
(6) as deemed appropriate by the program partner agency, periodically prepare, and submit to the director, written recommendations, suggestions, or comments concerning changes to the State's comprehensive substance use control strategy or changes to the State's laws and regulations related to substance use control or intoxicated driving.
10. (New section) a. (1) Except in exigent circumstances, as provided by paragraph (2) of this subsection, each program partner agency shall notify the director, in writing, regarding any proposed change in the policies that are used by the agency either to implement the Coordinated Statewide Substance Use Control Program or to effectuate the agency's responsibilities under the comprehensive substance use control strategy. The notice required by this paragraph shall be submitted to the director, prior to the agency's implementation of the proposed policy change, and the director shall proceed as specified in subsection b. of this section.
(2) If exigent circumstances make it impracticable for a program partner agency to provide the director with prior notice of a policy change, as required by paragraph (1) of this subsection, the head of the program partner agency shall notify the director of the policy change, in writing, as soon as practicable after the change goes into effect, and the director shall proceed as specified in subsection b. of this section.
b. The director shall promptly review any written notice of policy change that is submitted to the director pursuant to subsection a. of this section in order to determine whether the policy change is consistent with the comprehensive substance use control strategy. If the director determines that the policy change is consistent with the strategy, the director shall provide the head of the program partner agency with written notice approving of and certifying the policy change, and the program partner may proceed to implement the change. If the director determines that the policy change is inconsistent with the strategy, the director shall provide the head of the program partner agency with written notice disapproving of the policy change, and the program partner shall not proceed with the implementation of the policy change or shall revert to the original policy, as appropriate. The director shall retain a copy of each written notice prepared pursuant to this section, and shall submit a copy of each notice to the Governor and the appropriate legislative committees.
c. The head of a program partner agency may appeal to the Governor any determination made by the director under subsection b. of this section that a policy change is inconsistent with the State's comprehensive substance use control strategy.
11. (New section) a. For each fiscal year, the head of each program partner agency shall transmit to the director a copy of the agency's proposed substance use control budget request, in a form and manner designated by the director with the concurrence of the Director of the Office of Management and Budget in the Department of the Treasury. Each budget request submitted pursuant to this subsection shall be transmitted to the director before the budget request is submitted to the Office of Management and Budget for use in the preparation of the Governor's budget.
b. The head of each program partner agency shall ensure that each budget request required under this section is developed, and submitted to the director, in a timely manner.
c. A substance use control budget request transmitted by a program partner agency under this section shall include all requests for funds for any substance use control activity undertaken by that program partner agency. The budget request shall contain separate accounting sections for demand reduction activities and supply reduction activities undertaken by the program partner. If a particular activity also has a non-substance use control application, the program partner agency shall estimate, using a documented calculation, the total funds requested for that activity that will be used for the purposes of substance use control, and shall set forth the basis and method for making the estimate.
d. (1) The director shall review each budget request submitted pursuant to subsection c. of this section, and shall confirm the adequacy of each such budget request as provided in this subsection.
(2) The director shall not confirm the adequacy of any budget request that requests a level of funding that will not facilitate the achievement of the goals, objectives, or targets identified in the State's comprehensive substance use control strategy, including a budget request that: (a) does not adequately compensate for transfers of resources and personnel necessary to support substance use control activities throughout the State; (b) does not provide adequate performance or accountability measures to evaluate the effectiveness of the substance use control activities being conducted; or (c) is insufficient to adequately support and enhance, or expand the capacity of, the State's substance use disorder treatment or recovery programs, services, and supports.
(3) If the director concludes that a program partner's budget request is inadequate, in whole or in part, to successfully achieve the goals, objectives, and targets identified in the State's comprehensive substance use control strategy in relation to the program, policy, or service at issue for the year for which the request is submitted, the director shall submit to the head of the program partner agency written notice of funding inadequacy, which notice shall include a description of the funding levels and specific initiatives that would, in the director's determination, make the request adequate to implement the strategy.
(4) If the director concludes that a program partner's budget request is adequate to effectuate the goals and objectives identified in the State's comprehensive substance use control strategy in relation to the program, policy, or service at issue for the year for which the request is submitted, the director shall submit to the head of the program partner agency written notice of funding adequacy certifying the adequacy of the request.
(5) The director shall maintain a record of each notice issued pursuant to paragraph (3) or (4) of this subsection.
e. (1) The head of any program partner agency that receives a notice of funding inadequacy pursuant to paragraph (3) of subsection d. of this section shall indicate, in the agency's budget submission to the Office of Management and Budget, the funding levels and initiatives that were described by the director in the notice. The head of any program partner agency that has altered its budget submission in response to such notice shall include, as an appendix to the agency's budget submission, an impact statement that summarizes: (a) the changes that were made to the budget submission under this section in response to the notice of funding inadequacy; and (b) the impact of those changes on the ability of the agency to perform its other responsibilities, including any impact on the specific missions or programs of the agency.
(2) When a program partner agency annually submits its proposed budget to the Office of Management and Budget, the agency shall contemporaneously submit, to the appropriate budget committees, a copy of any impact statement prepared under this subsection.
f. Whenever the head of a program partner agency submits its finalized budget request to the Office of Management and Budget, the agency head shall also submit a copy of the budget submission to the director, who shall review each such submission and make a determination as to whether the budget submission includes sufficient funding levels for the substance use control activities that are proposed to be undertaken by the agency during the fiscal year. In the case of an agency that has received a notice of funding adequacy pursuant to paragraph (4) of subsection d. of this section, the director shall confirm that the budget submission includes funding as certified in the notice. In the case of an agency that has received a notice of funding inadequacy pursuant to paragraph (3) of subsection d. of this section, the director shall determine whether the budget submission includes the changes recommended in the notice. Upon completion of a review under this subsection, the director shall submit to the Office of Management and Budget and the appropriate budget committees:
(1) a written statement either certifying that the agency's budget submission includes sufficient funding, or decertifying the budget submission as not including sufficient funding;
(2) a copy of the notice of funding inadequacy, if any, which was provided to the agency pursuant to paragraph (3) of subsection d. of this section; and
(3) any budget recommendations that were provided to the program partner agency pursuant to paragraph (5) of subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
g. (1) In each fiscal year, following the receipt of proposed substance use control budget requests from all program partner agencies pursuant to this section, the director, in consultation with the head of each program partner agency, shall develop a consolidated Coordinated Statewide Substance Use Control Program budget proposal, which shall be designed to implement the State's comprehensive substance use control strategy and inform the Legislature and the public about the total amount that is proposed to be spent on all demand reduction activities and supply reduction activities, including substance use-related law enforcement activities, which are being undertaken by all program partner agencies in the State. Each consolidated budget proposal filed under this section shall identify: (a) the current funding level for each program partner agency, and for each substance use control activity or program that is undertaken pursuant to the agency's jurisdiction; and (b) alternative funding structures that could be used to ensure the more efficient or effective achievement of goals, objectives, and targets set out in the State's comprehensive substance use control strategy.
(2) The director shall submit each consolidated budget proposal to the Governor, the Office of Management and Budget, and the appropriate budget committees for consideration in the preparation of the annual budget.
h. No program partner agency shall submit a reprogramming or funding transfer request with respect to any amount of appropriated funds in an amount exceeding $5 million or 10 percent of a specific program or account that is included in the consolidated Coordinated Statewide Substance Use Control Program budget submitted pursuant to subsection g. of this section, unless the request has first been approved by the director. If the director does not respond to a request for the reprograming or transfer of funds within 30 days after receipt of the request therefor, the request shall be deemed approved. The head of a program partner agency may appeal to the Governor any disapproval by the director of a reprogramming or transfer request under this paragraph.
i. The director shall appoint a budget coordinator to:
(1) ensure that the director has sufficient information necessary to: (a) analyze the performance of each program partner agency, the impact that prior funding has had, and the likely impact that future funding will have, on the achievement of the goals, objectives, and targets set forth in the State's comprehensive substance use control strategy; and (b) make an independent assessment of each program partner budget request submitted pursuant to this section;
(2) advise the director on agency budgets, performance measures and targets, and additional data and research needed to make informed monetary policy decisions under P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) perform any other duties as may be authorized by the director with respect to the measurement or assessment of program partner agency budgets or fiscal performance.
j. Whenever the director submits a consolidated budget proposal pursuant to subsection g. of this section, the director shall simultaneously transmit, to the Office of Management and Budget, a detailed statement of the budgetary needs of the Office of Coordinated Substance Use Control Policy and Planning, as necessary to execute the office's mission and the duties of the director, based on the director's good-faith assessment.
12. (New section) a. Any transfer of funds effectuated pursuant to paragraph (9) of subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to the following conditions:
(1) the director may transfer funds only after considering the input and concerns of the head of each affected agency in relation to such transfer;
(2) in the case of an interagency transfer of funds, the total amount of funds transferred from one agency to another may not exceed three percent of the total amount of funds that were received by the former agency for substance use control activities;
(3) funds shall be transferred only as necessary to increase available funding for programs or activities authorized by law, and for the following purposes: (a) the expansion or improvement of demand reduction activities or supply reduction activities; (b) activities to facilitate and enhance the sharing of information among program partner agencies, State and local governments, and State and local law enforcement agencies; or (c) research related to any of the activities listed in this paragraph; and
(4) prior to transferring any funds, the director shall submit a written notice of such transfer to the State Comptroller.
b. The issuance of a fund control notice pursuant to paragraph (10) of subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be subject to the following conditions:
(1) a fund control notice may direct that all or part of an amount appropriated to the program partner agency's account be obligated: (a) by months, fiscal year quarters, or other time periods; or (b) by activities, functions, projects, or object classes;
(2) a fund control notice shall not direct that all or part of an amount appropriated to a program partner agency account be obligated, modified, or altered in any manner that is contrary, in whole or in part, to a specific legislative appropriation or statute;
(3) a program partner agency officer or employee shall not make or authorize an expenditure or obligation that is contrary to a fund control notice issued by the director. If an officer or employee violates the provisions of this paragraph, the head of the program partner agency may, upon the request of, and in consultation with, the director, subject the officer or employee to appropriate administrative discipline, including, where appropriate, suspension from duty without pay, or removal from office; and
(4) a copy of each fund control notice shall be transmitted by the director to the State Comptroller concurrently with its issuance to the respective program partner agency.
13. (New section) a. The State Attorney General shall prepare and submit to the director, the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, in a form and manner prescribed by the director, a report on the supply reduction activities that are being undertaken by State and local law enforcement in accordance with the State strategy.
b. Each report submitted under this section shall include:
(1) data showing the number, type, and location of arrests occurring over the preceding year, and prosecutions commenced over the preceding year, for violations of State or federal laws related to drugs or alcohol;
(2) data showing the number of law enforcement seizures of drugs that occurred over the preceding year, by geographic region, and the total weight of drugs seized in each region; and
(3) any other information required by the director.
14. (New section) a. The director shall annually submit to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report describing the activities undertaken pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Each annual report shall, at a minimum, contain the following information:
(1) a substance use control assessment that evaluates, for the prior fiscal year, the progress that has been made by each program partner agency in reaching each goal, objective, and target described in the comprehensive substance use control strategy, and which includes: (a) a copy of each performance evaluation received by the director from an agency pursuant to paragraph (3) of subsection b. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill); (b) a summary of the progress made by each program partner agency, using the performance measures established for that agency pursuant to paragraph (3) of subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill); (c) a description of each substance use control activity that is being engaged in by each program partner, in accordance with the comprehensive substance use control strategy, and an evaluation showing, to the extent practicable, the impact of each such activity on the availability of Schedule I controlled dangerous substances and other substances used for illicit purposes in the State, the regional and Statewide rates of substance use disorder, and any other harm or factor associated with substance use; and (d) a general assessment of the effectiveness of each program partner agency, and of each relevant program administered thereby, in achieving the goals, objectives, and targets described in the comprehensive substance use control strategy, based on the applicable performance measures established pursuant to paragraph (3) of subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), including a specific evaluation of whether the applicable goals, measures, objectives, and targets for the previous year were met;
(2) information detailing how the office has consulted with and assisted program partner agencies and other relevant persons and entities with respect to the formulation and implementation of the comprehensive substance use control strategy and with respect to other relevant substance use control issues;
(3) a copy of the detailed accounting statement submitted by each program partner agency pursuant to paragraph (4) of subsection b. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(4) a description of all funding control notices issued, and all funding transfers effectuated, pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) during the reporting period, and the effects of such notices and transfers;
(5) a description of all grant programs established, and all grants issued, pursuant to paragraph (19) of subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(6) a description of the findings in the most recent report submitted by the Opioid Epidemic Activities Coordination Committee pursuant to subsection g. of section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(7) a description of the findings in the most recent Substance use treatment provider performance report submitted by the division under section 29 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(8) a description of recommendations submitted to the office by the Governor's Council on Substance Use Control pursuant to subsections d., e., and f. of section 4 of P.L.1989, c.51 (C.26:2BB-4), concerning the allocation of State and federal funds for substance use control purposes, the distribution of grant funds, and the modification of funding mechanisms used to finance substance use control activities in the State; an indication as to whether the director agrees with such recommendations and deems them to be consistent with the Statement of Executive Branch Substance Use Control Policy Priorities and the comprehensive substance use control strategy; and, in cases where the director disagrees with the recommendations or finds them to be inconsistent with the Statement of Executive Priorities or the State strategy, a description of the director's basis for such determinations or findings;
(9) a list of existing emerging drug threats in the State designated pursuant to subsection c. of section 15 of P.L. , c. (C. ) (pending before the Legislature as this bill); an indication of any previously designated emerging drug threats that have been terminated during the reporting period; and an update on the implementation of any Emerging Drug Threat Response Plan developed under subsections d. and e. of section 15 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill) that is still in effect at the time of reporting;
(10) a description of the conclusions reached from the most recent review of State and local laws and regulations conducted pursuant to paragraph (12) of subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), including any specific recommendations for changes in the present laws and regulations that the director deems appropriate; and
(11) recommendations for legislative or other appropriate actions that could be used to improve the Coordinated Statewide Substance Use Control Program, address emerging drug threats, and otherwise counteract the deleterious effects of substance use disorders in the State.
15. (New section) a. The director shall establish, in the office, an Emerging Drug Threats Committee to be composed of representatives from program partner agencies, local governments, and other entities as deemed by the director to be appropriate. The director shall appoint a chairperson from among the committee's members. The committee shall meet at least once per year and at such additional times and locations as shall be designated by the chair or the director.
b. The Emerging Drug Threats Committee shall:
(1) within 180 days after the committee's organizational meeting, develop, and recommend to the director, criteria to be used by the director in designating an emerging drug threat or in terminating an emerging drug threat designation pursuant to subsection c. of this section, which recommendations shall be based on information, statistical data, and other evidence gathered by the committee, and shall be revisited and revised by the committee, and resubmitted to the director, as the committee deems to be appropriate;
(2) work with the director to: (a) identify and designate emerging drug threats and terminate emerging drug threat designations as provided by subsection c. of this section; and (b) develop and oversee the implementation of emerging drug threat response plans as provided by subsection d. of this section;
(3) monitor the evolution of emerging drug threats and identify trends in emerging and evolving drug threats using the criteria approved by the director pursuant to paragraph (2) of subsection c. of this section;
(4) provide such other advice to the director concerning the State's strategy and policies for emerging drug threats as the committee deems to be appropriate; and
(5) disseminate and facilitate the sharing, among program partner agencies, local governments, State and local law enforcement, health and safety officials, and other persons and entities determined by the director or committee chair to be appropriate, of pertinent information and data relating to: (a) drug seizures and drug supply and demand; (b) fatal and non-fatal overdoses; (c) the demand for, and availability of, evidence-based substance use disorder treatment and recovery services, programs, and supports, including the extent of unmet treatment and recovery needs; and (d) other subject matters as determined by the director or committee chair to be necessary and appropriate.
c. (1) The director, in consultation with, or on the recommendation of, the Emerging Drug Threats Committee, may designate an emerging drug threat in the State or terminate an emerging drug threat designation in accordance with the provisions of this subsection.
(2) The director shall promulgate, regularly revise and update, as appropriate, and make publicly available, standards by which a designation under paragraph (1) of this subsection, and a termination of such designation, may be made. In developing or revising such standards, the director shall consider the recommendations of the Emerging Drug Threats Committee submitted pursuant to paragraph (1) of subsection b. of this section and any other criteria the director considers to be appropriate.
(3) When designating an emerging drug threat or terminating an existing emerging drug threat designation, the director shall publish, on the office's Internet website, a written public notice explaining the designation or the termination of such designation, and shall inform the Governor and the appropriate health committees that such public notice has been posted.
d. Not later than 90 days after a public notice is posted pursuant to paragraph (3) of subsection c. of this section designating an emerging drug threat, the director, in consultation with the Emerging Drug Threats Committee, shall publish on the office's Internet website and otherwise make publicly available an Emerging Drug Threat Response Plan to be used in addressing and mitigating the threat. The director shall notify the Governor and the appropriate health committees, in writing, of the plan's availability.
e. An Emerging Drug Threat Response Plan developed under subsection d. of this section shall include, at a minimum:
(1) a comprehensive strategic assessment of the emerging drug threat, including the current availability of, and demand for, the drug, and the effectiveness of existing evidence-based prevention, treatment, recovery, and law enforcement programs and other efforts to respond to the emerging drug threat;
(2) comprehensive, research-based short-term and long-term quantifiable goals for addressing the emerging drug threat, including goals for reducing the supply of the drug and expanding the availability and effectiveness of evidence-based substance use disorder prevention, treatment, and recovery programs to reduce demand for the drug;
(3) specific performance measures to be used in evaluating the achievement of the short-term and long-term quantifiable goals identified pursuant to paragraph (2) of this subsection;
(4) annual, and, to the extent practicable, quarterly objectives and targets for each performance measure developed under paragraph (3) of this subsection;
(5) the level of funding needed to implement the plan, including whether funding is available to be reallocated or transferred to support the plan's implantation, or whether additional appropriations are necessary to implement the plan;
(6) the implementation strategy for the special media campaign to be undertaken pursuant to subsection c. of section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill), including goals, as described in paragraph (2) of this subsection, and performance measures, objectives, and targets, as described under subparagraphs (3) and (4) of this subsection; and
(7) any other information necessary to inform the public of the status and progress of the State's response to the emerging drug threat.
f. The director may designate an Emerging and Evolving Drug Threats Coordinator to oversee the work of the Emerging Drug Threats Committee, and to perform such other duties, in relation to emerging drug threats, as may be determined by the director to be appropriate.
g. The office shall provide professional and clerical staff to the Emerging Drug Threats Committee as may be necessary for the committee's purposes, and the committee shall also be entitled to call upon the services of any State, county, or municipal department, board, commission, or agency, as may be made available to it for its purposes.
16. (New section) a. The director shall establish, within the office, an Opioid Epidemic Activities Coordination Committee to be composed of representatives from program partner agencies, local governments, and other entities, as deemed by the director to be appropriate. The director shall appoint a chairperson from among the committee's members. The committee shall meet at least once per year, and at such additional times and places as shall be designated by the chair or the director.
b. The purpose of the Opioid Epidemic Activities Coordination Committee shall be to promote and facilitate collaboration and cooperation among program partner agencies, local governments, and State and local law enforcement agencies, consistent with the State strategy, with respect to the development and implementation of comprehensive and innovative policies, programs, services, and supports that are specifically designed to address the opioid epidemic in New Jersey.
c. The Opioid Epidemic Activities Coordination Committee shall have the duty to:
(1) within 180 days after the committee's organizational meeting, develop and recommend to the director criteria, metrics, or other indicators to be used by the director, the office, program partner agencies, State and local policymakers, and other relevant individuals and entities, in evaluating the progress that has been made by program partner agencies, and by other appropriate persons and entities, in addressing the State's opioid epidemic. Recommendations made pursuant to this paragraph shall be based on information, statistical data, and other evidence gathered by the committee, and shall be revisited and revised by the committee, and resubmitted to the director, as the committee deems to be appropriate;
(2) in consultation and cooperation with program partner agencies, local governments, and State and local law enforcement: (a) identify counties and other areas of the State that are being particularly harmed by the opioid epidemic, including those that have excessively high rates of opioid overdoses or opioid-related crime; (b) identify populations that are at risk of developing a substance use disorder involving opioids; (c) identify societal and other factors that have contributed to, facilitated the continuation of, or increased the severity of, the State's opioid epidemic; and (d) assess existing opioid-related treatment and recovery resource capacity in the State, and evaluate the unmet need for new or innovative opioid-specific treatment and recovery programs, services, and supports;
(3) monitor the evolution of the opioid epidemic in New Jersey and identify trends in prescriptions for, and the use and diversion of, opioid drugs;
(4) annually measure the effectiveness of opioid-related substance use control activities taking place in the State, and the success of such activities in mitigating the factors contributing to, and the effects resulting from, the opioid epidemic in the State, using the analysis of specific case examples and the standards and metrics established by the director under subsection d. of this section; and identify existing shortcomings and areas of inefficiency in the provision of opioid-specific substance use disorder treatment and recovery programs, services, and supports;
(5) promote and facilitate the establishment of collaborative interagency and interjurisdictional agreements and coordinated community response plans, including overdose response plans, and the cross-agency adoption of uniform policies, protocols, rules, and regulations, consistent with the State's comprehensive substance use control strategy, to facilitate the creation of more efficient, effective, and integrated opioid-specific treatment and recovery service delivery systems, and the better organization, allocation, and use of available assets and resources, as necessary to properly address and respond to the unique issues facing persons who require treatment for a substance use disorder involving opioid drugs, particularly in those areas of the State that have been most significantly affected by the opioid epidemic;
(6) provide members of the public with information, through the office, on the status of the opioid epidemic in the State, available opioid-specific treatment and recovery options, and the work of the committee;
(7) disseminate and facilitate the sharing, among program partner agencies, local governments, State and local law enforcement, health and safety officials, and other persons and entities determined by the director or the committee chair to be appropriate, of pertinent information and data relating to: (a) opioid seizures and supply and demand; (b) fatal and non-fatal opioid overdoses; (c) the demand for, and availability of, evidence-based opioid-specific substance use disorder treatment and recovery services, programs, and supports, including the extent of unmet treatment and recovery needs; and (d) other subject matters that the director or the committee chair deems to be necessary and appropriate; and
(8) annually submit a report of its activities to the director pursuant to subsection g. of this section, and provide other advice to the director in relation to the State strategy or the State's policies and priorities related to the State's opioid epidemic as the committee determines to be appropriate.
d. The director shall promulgate, regularly revise and update, as appropriate, and make publicly available, standards and metrics to be used by the director, the office, all program partner agencies, State and local policymakers, and other relevant individuals and entities to measure the progress that has been made by the State in addressing the causes of, and the harms associated with, the opioid epidemic in the State, and by which the opioid epidemic may be deemed to have been successfully contained. In developing or revising such standards, the director shall consider the recommendations of the Opioid Epidemic Activities Coordination Committee submitted pursuant to paragraph (1) of subsection c. of this section and any other criteria the director considers to be appropriate.
e. The office shall provide professional and clerical staff to the Opioid Epidemic Activities Coordination Committee as may be necessary for the committee's purposes, and the committee shall be entitled to call upon the services of any State, county, or municipal department, board, commission, or agency as may be made available to it for its purposes.
f. In effectuating its purposes and duties under this section, the Opioid Epidemic Activities Coordination Committee:
(1) shall consult with associations, organizations, and individuals who are knowledgeable about: (a) the needs of persons with an opioid-related substance use disorder; (b) the nature of, and problems associated with, the State's current substance use disorder prevention, treatment, and harm reduction systems and procedures, particularly in relation to the treatment of a substance use disorder involving opioids; and (c) the coordination and collaborative provision of substance use disorder prevention, treatment, recovery, and harm reduction services; and
(2) may appoint appropriate subcommittees to assist in carrying out the committee's work, as well as regional or local policy implementation task forces to ensure that the policies and programs recommended by the committee are appropriately implemented at the regional and local levels. The membership of any subcommittee or regional or local policy implementation task force established under this paragraph may include representatives from any appropriate public or private department, agency, office, or advisory committee, as well as private citizens who have relevant interest and expertise in the areas of opioid-related substance use disorder prevention, treatment, recovery, harm reduction, or research.
g. Commencing one year after its organizational meeting, and annually thereafter, the Opioid Epidemic Activities Coordination Committee shall prepare and submit to the director a report of its activities under this section. Each report submitted pursuant to this subsection shall be posted on the Internet website of the office, and on the Internet websites of each program partner represented on the committee, and shall indicate:
(1) the metrics and other indicators approved by the director under subsection d. of this section, which are being used by the committee to measure the success of the State's opioid-related substance use control activities;
(2) the findings made by the committee pursuant to paragraph (4) of subsection c. of this section;
(3) any system inefficiencies, indicators of ineffective service provision, or other problems with opioid-related service provision that have been identified by the committee during the reporting period;
(4) the activities undertaken and policies recommended or adopted by the committee during the reporting period to: (a) enhance collaboration and cooperation among relevant program partner agencies, local governments and offices, and State and local law enforcement, in association with the provision of opioid-related substance use disorder prevention, treatment, recovery, and harm reduction programs, services, and supports; (b) increase the coordination, integration, efficiency, or effectiveness of the State's opioid-related substance use disorder treatment, recovery, and harm reduction systems; or (c) otherwise address the systemic problems identified by the committee; and
(5) any recommendations for action that can be undertaken by the director, the Office of Coordinated Substance Use Control Policy and Planning, the Governor, the Legislature, program partner agencies, local governments, or State or local law enforcement to further improve the cohesion, efficiency, and effectiveness of the State's opioid-related substance use disorder prevention, treatment, recovery, and harm reduction systems.
h. The director, and the heads of the program partner agencies represented on the Opioid Epidemic Activities Coordination Committee, shall each adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement any new or revised policies, programs, and procedures that have been approved or recommended by the committee pursuant to a report issued under subsection g. of this section, or to otherwise effectuate the policy or service goals identified by the committee, to the extent that such policies, programs, procedures, and goals can be effectuated through administrative action.
17. (New section) a. The director shall establish and maintain, on the office's Internet website, a substance use control data dashboard. To the extent practicable, data made available on the dashboard shall be publicly available in a machine-readable, sortable, and searchable format, and shall be searchable by year, program partner agency, location, and type of substance use disorder.
b. Data included on the dashboard shall be updated quarterly, to the extent practicable, but not less frequently than annually, and shall include the following information for the current calendar year and for each of the three preceding calendar years:
(1) individualized data, as provided by subsection c. of this section, on each substance that is identified by the director as having a significant impact on the prevalence of substance use disorders in the State;
(2) the number of fatal and non-fatal overdoses caused by each substance identified in paragraph (1) of this subsection;
(3) the prevalence of substance use disorders in the State, by county, region, and type of disorder;
(4) the total number of individuals who received substance use disorder treatment, including medication-assisted treatment, and the number and percentage of those individuals who received any such treatment through publicly-financed programs;
(5) the number of individuals who are in a recovery program or are receiving recovery support services following the completion of treatment for a substance use disorder;
(6) the extent of the unmet need for substance use disorder treatment, including medication-assisted treatment, and the extent of the unmet need for recovery programs, services, housing, and other supports, as evidenced by facility or program waiting lists or other relevant data;
(7) data sufficient to show the prevalence and extent of the use, diversion, and sale of prescription drugs for illicit purposes throughout the State;
(8) a description of designated emerging drug threats and terminated emerging drug threat designations;
(9) a hyperlink to the residential beds database maintained by the division pursuant to section 28 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(10) any other quantifiable measures that the director deems to be appropriate to detail progress toward the achievement of the goals, objectives, and targets identified in the comprehensive substance use control strategy.
c. For each substance identified, pursuant to paragraph (1) of subsection b. of this section, as having a significant impact on the prevalence of substance use disorder in the State, the dashboard shall, to the extent practicable, contain the following information:
(1) data indicating the quantities of each such substance available in the State, including: (a) the total amount of each such substance that was seized by law enforcement; (b) the known and estimated flows into and through the State from all sources; (c) the total amount of known flows that could not be disrupted; and (d) the average street price of the substance, including an indication of the highest known street price during the preceding 10-year period;
(2) data indicating the frequency and effects of the use of each such substance in the State, including: (a) the frequency of use of each such substance in the workplace, and the estimated productivity loss resulting from such use; (b) the frequency of use of each substance by youth, and the educational and developmental effects of such use; (c) the frequency of use of each such substance by arrestees, prisoners, probationers, and parolees; and (d) the nature and extent of criminal activity related to the use of each such substance; and
(3) to the extent practicable, data indicating the number and nature of prosecutions related to each such substance.
18. (New section) a. The office shall establish and operate, on a 24-hour per day, seven-day per week basis, a centralized Substance Use Control Services Information Hotline, which shall be available to assist members of the public in navigating the State's substance use disorder treatment and recovery systems and in finding appropriate care.
b. Hotline staff shall be trained and qualified to provide callers with all relevant and requested information concerning the State's substance use control operations and available treatment and recovery options, including community housing, which are available and appropriate for each caller's individual needs. To the extent practicable, hotline staff shall work to connect callers directly with appropriate service providers.
c. The office shall publicize the availability of the hotline as part of the broader public awareness campaign undertaken pursuant to section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill). The office shall also publish, on its Internet website, relevant fact sheets and notices highlighting the availability of the hotline, and summarizing available treatment and recovery options in the State.
19. (New section) a. The office, in coordination and consultation with appropriate program partner agencies, shall engage in an ongoing public awareness campaign related to substance use disorders and available substance use disorder treatment and recovery services.
b. The purpose of the public awareness campaign shall be to:
(1) prevent and discourage the use of Schedule I controlled dangerous substances, and the use of other substances for illicit purposes;
(2) educate the public about the dangers and negative consequences of illicit substance use, including the characteristics and hazards of substance use disorders and methods to safeguard against the development of substance use disorders, including the safe disposal of prescription drugs;
(3) support evidence-based prevention programs that target the attitudes, perceptions, and beliefs that are associated with the initiation or continuation of substance use, particularly among members of at-risk populations;
(4) encourage individuals affected by substance use disorders to seek treatment;
(5) publicize the availability of the Substance Use Control Services Information Hotline established pursuant to section 18 of P.L. , c. (C. ) (pending before the Legislature as this bill), and otherwise inform the public about: (a) how to recognize the signs and symptoms of substance use disorders; (b) the types of evidence-based treatment programs, services, and supports that are available throughout the State; (c) the types of recovery programs, services, supports, and housing that are available throughout the State; and (d) how to access available treatment and recovery programs, services, supports, and housing;
(6) combat and reduce the stigma associated with addiction and substance use disorders, including the stigma associated with the use of medication-assisted treatment; and
(7) inform the public about the particular dangers associated with any emerging drug threat designated pursuant to subsection c. of section 15 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. In addition to any information provided on emerging drug threats pursuant to subsection b. of this section, the office, in consultation with the Emerging Drug Threats Committee and Emerging and Evolving Drug Threats Coordinator, shall develop special, targeted emergency media campaigns in response to each designated emerging drug threat. Each such campaign shall focus on addressing and mitigating the specific factors that facilitated the emergence and evolution of the designated drug threat, and shall be targeted to those areas of the State that are being particularly harmed by, and those populations that are particularly vulnerable to, the emerging drug threat.
d. The director, in consultation and cooperation with the office of the Attorney General, State and local law enforcement agencies, the courts, the Department of Corrections, and other appropriate program partner agencies, shall establish and oversee an educational program for law enforcement officers, prosecuting attorneys, court personnel, judges of the Superior Court, probation and parole officers, corrections personnel, other law enforcement personnel, and State welfare and vocational rehabilitation personnel, which program shall be designed to train such individuals with respect to the causes, effects, and treatment of intoxication and substance use disorders.
20. (New section) a. No substance use disorder treatment facility shall operate in this State unless the facility holds a valid license or certificate of approval issued by the Department of Health pursuant to subsection b. of this section. The Commissioner of Health may elect to issue different kinds of licenses or certifications under this section for different kinds of facilities.
b. (1) The department shall issue a license under this section to any person, partnership, corporation, society, association, or other agency or entity of any kind, other than a licensed general hospital or a department, agency, or institution of government, upon application therefor, and upon a determination that the applicant is responsible, is of good character, is suitable to establish and maintain a facility, and is capable of meeting the licensure standards and requirements established by the department. A license issued under this paragraph shall be valid for two years, may be renewed on a biennial basis thereafter, and shall be subject to suspension or revocation by the department, at any time, for cause.
(2) Any agency, department, or institution of State or local government that wishes to operate a substance use disorder treatment facility shall not be subject to the licensure requirements of paragraph (1) of this subsection, but shall instead be required to obtain, from the department, a certificate of approval authorizing the operation of such facility. A certificate of approval issued pursuant to this paragraph shall be valid for a term of two years, may be renewed on a biennial basis thereafter, and shall be subject to suspension or revocation by the department, at any time, for cause.
c. (1) An application for licensure under paragraph (1) of subsection b. of this section shall be submitted in a form and manner prescribed by the commissioner, and shall: (a) identify the location of the facility; (b) provide the name and credentials of the person who will act as operator the facility; (c) describe the services that will be provided by the facility; (d) provide evidence of the facility's ability to comply with the applicable licensure standards and requirements established by the commissioner; and (e) provide evidence of the good character of the applicant and the proposed facility operator.
(2) Any change in the facts set forth in the licensure application shall be reported to the commissioner within 10 days after the occurrence thereof.
(3) Upon receipt of an application under this subsection, the commissioner shall cause an investigation to be made of the applicant, and, pursuant to subsection g. of this section, of the facility in question, in order to determine whether the applicant is of good moral character, and whether the facility complies with the provisions of this section and the department's associated regulations and standards for licensure.
d. The department shall perform an evaluation, prior to the issuance of a license or certification under this section, of the need for the proposed facility in the community and of the financial and other qualifications of the applicant.
e. A license or certificate of approval issued under this section shall be conspicuously displayed within the facility at all times, and shall not be transferrable, assignable, or applicable to any premises or proprietor other than those specified in the license or certification.
f. The commissioner shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing standards and requirements for facility licensure and certification under this section. Except as otherwise provided by subsection g. of this section, such standards and requirements shall, at a minimum:
(1) provide standards and guidelines governing the proper operation of facilities that are licensed or certified under this section;
(2) identify the health and safety standards to be met by licensed and certified facilities;
(3) identify the quality and type of treatment to be afforded to patients at each type of facility;
(4) require the facility to accurately represent the treatment to be afforded to patients at the facility, and provide for the imposition of penalties or sanctions for misrepresentations concerning facility services;
(5) establish appropriate fees in association with the initial issuance and renewal of licenses and certifications under this section; and
(6) identify the procedures that will be used by the department to grant and revoke licenses and certifications issued pursuant to this section.
g. Notwithstanding the provisions of subsection f. of this section to the contrary, the standards and requirements adopted by the department in relation to licensure of a private facility that neither contracts with the State on a fee-for-service basis nor accepts for treatment persons who are brought to the facility by law enforcement pursuant to section 30 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall concern only:
(1) the health and safety standards to be met by the facility;
(2) misrepresentations as to the treatment that is available to patients at a facility;
(3) licensing fees; and
(4) procedures for submitting, reviewing, and approving license applications.
h. (1) Prior to granting or renewing a license or certificate of approval pursuant to this section, the department shall conduct an initial on-site inspection of each proposed facility to determine the facility's compliance with the provisions of this section and the rules and regulations adopted pursuant thereto. The department shall also provide for the periodic on-site visitation and inspection of each licensed or certified facility as may be necessary to ensure that the facility and its operator remain in compliance with the provisions of this section and the rules and regulations adopted pursuant thereto.
(2) The department may examine the books and accounts of any facility if it deems such examination to be necessary for the purposes of this subsection.
(3) The department may file a complaint with any court having jurisdiction, and the court may thereupon issue a warrant to any officers or employees of the department, authorizing them to enter and inspect, at reasonable times, and examine the books and accounts of, any private facility that refuses to consent to any inspection or examination authorized under this subsection and which the department has reason to believe is operating in violation of the provisions of this section or of the rules or regulations adopted pursuant thereto. Any facility owner or operator who fails to allow entry and inspection by department officials in accordance with a warrant issued under this paragraph shall be subject, for a first offense, to a fine of not more than $100, and, for each subsequent offense, to a fine of not more than $1,000 or imprisonment for not more than two years, or both.
i. The department may require any public facility, any private facility contracting on a fee-for-service basis with the State, and any private facility accepting for treatment those persons who are brought to the facility by a law enforcement officer pursuant to section 30 of P.L. , c. (C. ) (pending before the Legislature as this bill), to admit, on an inpatient or outpatient basis, as appropriate, any person who requires treatment for a substance use disorder. The department shall promulgate rules and regulations governing the extent to which it may require private facilities to admit persons to inpatient or outpatient treatment under this paragraph; provided, however, that no licensed general hospital shall be authorized to refuse the provision of treatment for intoxication or substance use disorders.
j. Each facility shall file with the department, from time to time, on request, such data, statistics, schedules, or information as the department may reasonably require for the purposes of this section. Any licensee or operator of a private facility who fails to furnish any requested data, statistics, schedules, or information, or who submits fraudulent data, statistics, schedules, or information in response to a request, shall be punished by a fine of not more than $500.
k. (1) The commissioner, after holding a hearing, may deny, suspend, revoke, limit or restrict the applicability of, or refuse to renew, any license or certificate of approval granted under this section upon a finding that the facility, or its operator, has violated, or failed to comply with, the provisions of this section or any rules or regulations adopted pursuant thereto. However, in the case of private facilities that neither contract on a fee-for-service basis with the State nor accept for treatment persons who are brought to the facility by law enforcement pursuant to section 30 of P.L. , c. (C. ) (pending before the Legislature as this bill), the department, after holding a hearing, may refuse to grant, suspend, revoke, limit or restrict the applicability of, or refuse to renew, any license for the following reasons only: (a) failure to meet the requirements of rules and regulations concerning the health and safety standards of such facilities; or (b) if there is a reasonable basis for the department to conclude that there is a discrepancy between representations made by a facility as to the treatment services that are available to patients and the treatment services that are actually rendered.
(2) The commissioner may temporarily suspend a license or certificate of approval issued under this section in an emergency, without holding a prior hearing as required by this subsection; provided, however, that, upon the request of an aggrieved party, a hearing shall be held as soon as possible after the license or certificate of approval is suspended.
(3) Any party aggrieved by a final decision of the department issued pursuant to this section may petition for judicial review of the final decision.
(4) Notice of a pending hearing on the revocation, suspension, or denial of a license or certificate issued under this section, together with a specification of the charges supporting the revocation, suspension, or denial, shall be sent to the holder of the license or certificate by registered mail. The denial, suspension, or revocation shall become effective 30 days after mailing, unless the holder of the license or certificate, within such 30-day period, satisfies the requirements established by the commissioner or provides notice to the commissioner of the holder's desire for a hearing. Upon the receipt of a request for a hearing, the denial, suspension, or revocation shall be held in abeyance until the hearing has been concluded and a final decision rendered; provided, however, that the holder of the license or certificate may appeal a denial, suspension, or revocation to any court having jurisdiction.
(5) The commissioner shall arrange for prompt and fair hearings under this subsection and shall render written decisions stating the conclusions and reasons for each such decision, on each matter heard, and shall be authorized to issue orders of denial, suspension, or revocation consistent with the circumstances of each case.
l. (1) Any person who establishes or operates a private facility without first obtaining a license under this section, or who operates a private facility after revocation or suspension of the facility's license, shall be liable, for the first offense, to a penalty of $25 for each day of operation in violation of this section, and, for any subsequent offense, to a penalty of $50 for each day of operation in violation of this section. The penalties authorized by this subsection shall be recovered in a summary proceeding instituted by the Attorney General, at the request of the commissioner, pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Monetary penalties, when recovered pursuant to this subsection, shall be payable to the General Fund.
(2) The commissioner may, in the manner provided by law, maintain an action, in the name of the State of New Jersey, for injunctive relief against any person who continues to conduct, manage, or operate a private facility without a license issued pursuant to this section or after such license has been suspended or revoked.
m. The commissioner shall appoint and employ such employees, advisers, and consultants, subject to the provisions of Title 11A of the New Jersey Statutes, and do all other acts and things necessary or convenient, to carry out the powers expressly granted to the commissioner pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) and the responsibilities of the department as specified in the comprehensive substance use control strategy.
21. (New section) a. A substance use disorder treatment program operating within a State correctional facility or county jail that meets or substantially meets the requirements necessary to obtain a certificate of approval as a residential substance use disorder treatment facility under section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be granted such certification. The operations of, and provision of substance use disorder treatment services by, any such certified program shall be regulated and overseen by the Department of Human Services pursuant to sections 22 and 23 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill), in accordance with a memorandum of understanding executed with the Department of Corrections.
b. Any substance use disorder treatment program described under subsection a. of this section that does not meet or substantially meet the requirements necessary to obtain a certificate of approval as a residential treatment facility shall be advised by the Commissioner of Health, within 60 days of the determination, of any specific requirements that the program fails to meet. If such treatment program addresses all identified deficiencies, and can meet or substantially meet the requirements for certification, the program may be granted a certificate of approval pursuant to subsection a. of this section.
22. (New section) a. (1) The Department of Human Services shall be responsible for maintaining and overseeing the establishment and operation of a comprehensive Statewide service system for the prevention of substance use disorders and the treatment of intoxicated persons and persons with a substance use disorder, which service system shall be consistent with, and reflect the goals and guiding principles outlined in, the Statement of Executive Priorities and the State strategy.
(2) The comprehensive substance use disorder prevention and treatment system established pursuant to paragraph (1) of this subsection: (a) shall be designed to promote, develop, establish, coordinate, and provide unified and coordinated education, prevention, diagnosis, treatment, aftercare, community referral, and rehabilitation programs, services, and supports to mitigate and reduce the occurrence of substance use disorders throughout the State; (b) may encourage the regionalization of services; and (c) shall provide for the regulation and oversight of the operations of, and the provision of programs and services by, all treatment facilities that are licensed or certified pursuant to section 20 or 21 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill).
b. To the extent possible, all appropriate State and local resources, including community mental health centers, shall be utilized in, and coordinated with, the substance use disorder prevention and treatment system established and operated under this section.
c. Each facility administrator shall annually prepare and submit to the Commissioner of Human Services a written report of its substance use control activities in a form and manner designated by the commissioner, and the commissioner shall annually prepare and submit to the director a consolidated report showing the substance use control activities of all facilities, by county and region of the State.
d. Substance use disorder treatment services delivered pursuant to this section may be administered on the premises of any institution operated, in whole or in part, by the Department of Corrections, provided that the institutional program has been certified to operate by the Department of Health pursuant to section 21 of P.L. , c. (C. ) (pending before the Legislature as this bill). Such treatment services shall be administered by the Department of Human Services in the same manner as they are administered in other facilities licensed pursuant to section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall, in all respects, be therapeutic rather than penal or correctional in nature.
e. The department shall annually prepare and publish a list of all substance use disorder treatment facilities operating in the State, and shall:
(1) post the list on its Internet website;
(2) notify all law enforcement agencies and judges in the State of the location and capacity of all such facilities operating in or near their jurisdictions; and
(3) annually provide a copy of the list to the director for consideration in the development of the State's comprehensive substance use control strategy.
23. (New section) a. In effectuating the purposes of section 22 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Human Services shall have the duty to:
(1) maintain, supervise, oversee, regulate, and control all aspects of facility operations and program and service provision, except as otherwise provided by section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) ensure that all treatment facilities in the State are providing adequate programs and services, as appropriate, for intoxicated persons and persons with a substance use disorder, and are staffed with a sufficient number of qualified and trained personnel;
(3) serve in a consulting capacity to public and private agencies in relation to their engagement in substance use disorder prevention and treatment activities;
(4) work to coordinate the provision of substance use disorder prevention and treatment services through available public assistance programs;
(5) direct and conduct basic, clinical, epidemiological, social science, and statistical research on substance use and substance use disorders, either alone or in conjunction with other public or private agencies, and develop pilot programs, including pilot clinic programs, for the treatment of substance use disorders, within the limits of appropriated funds;
(6) enhance public awareness of, disseminate information on, and provide public education on, substance use and substance use disorders and the facilities, programs, services, and supports that are available to assist, and provide appropriate treatment to, intoxicated persons, persons with substance use disorders, and persons with potential substance use disorders;
(7) organize and foster the implementation of professional training and certification programs for health care practitioners, mental health care practitioners, students in health care, teachers, and other appropriate professional and para-professional workers who are involved with intoxicated persons or persons with a substance use disorder;
(8) develop and implement an ongoing data collection, analysis, and distribution system, consistent with the State strategy, for the collection, analysis, and distribution of statistics on: (a) the incidence and prevalence of illicit substance use, substance use disorders, and ancillary substance use-related problems in the State, with special emphasis on youth and other at-risk populations, and on the relationship that exists between illicit substance use and automobile accidents, crime, delinquency, homelessness, and other social problems; and (b) the availability and use of treatment facilities, programs, services, and supports in each county and region of the State. The data collection system established under this paragraph shall, at a minimum, provide for the collection, analysis, and distribution of studies, surveys, random samplings, and assessments from a variety of health care practitioners and facilities, mental health care practitioners and facilities, program partner agencies, local governments, State and local law enforcement agencies, and private and nonprofit organizations that are concerned and connected with substance use control activities taking place in the State, including, but not limited to, the New Jersey Motor Vehicle Commission, the Administrative Office of the Courts, the youth bureaus, substance use disorder treatment facilities and program providers, hospitals and mental health centers, schools, law enforcement agencies, and the Division of Alcoholic Beverage Control in the Department of Law and Public Safety; and
(9) not later than January 15 of each year, submit to the director, to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, an annual report of the operations of the Division of Mental Health and Addiction Services, which shall include specific recommendations pertaining to matters that fall within the scope of the division's jurisdiction.
b. The Commissioner of Human Services shall be authorized, empowered, and directed to:
(1) plan, construct, cause to be established, and maintain such facilities as may be necessary or desirable for the conduct of the substance use disorder prevention and treatment system developed under section 22 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) acquire any real property or interest therein, either by purchase or lease, on such terms and conditions and in such manner as may be deemed proper, or by exercising the power of eminent domain in accordance with the provisions of Title 20 of the Revised Statutes; and hold and dispose of such property or property interest, as may be necessary and appropriate to effectuate the provisions of section 22 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(3) make and enter into all contracts and agreements necessary or incidental to the performance of the commissioner's duties or the execution of the functions of the Department of Human Services or the division under P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, contracts with facilities, governmental entities, or public or private organizations as are necessary to pay those facilities, entities, and organizations for services actually rendered or furnished to intoxicated individuals or individuals with a substance use disorder, at rates to be established pursuant to law;
(4) solicit, contract for, accept, and use any gifts, grants, loans, devises, or bequests of funds, facilities, property, services, or assistance, in any form, from the federal government, or any instrumentality thereof; from State or local government entities; or from any private person or entity, and do all things necessary to cooperate with the federal government or any of its agencies in connection with the application for any federal grant or loan; provided, however, that any money received under this subsection shall be deposited with the State Treasurer to be kept in a separate fund in the treasury for expenditure by the department or division, as appropriate, in accordance with the conditions of the gift, grant, loan, devise, or bequest, without specific appropriation;
(5) develop, encourage, and foster, in cooperation with interested State and local agencies and private organizations and individuals, and consistent with the State strategy, Statewide, regional, and local plans and programs for the prevention, detection, and treatment of substance use disorders, and provide technical assistance and consultation services for these purposes;
(6) coordinate the efforts and enlist the assistance of all public agencies and private organizations and individuals interested in the prevention, detection, and treatment of substance use disorders, consistent with the department's and division's responsibilities under the Comprehensive Substance Use Disorder Strategy;
(7) cooperate with the Department of Corrections and other appropriate agencies to establish and conduct programs for the prevention and treatment of substance use disorders in incarcerated individuals, and in parolees, probationers, and any other non-incarcerated individuals who remain under criminal justice supervision, which programs shall be therapeutic and non-punitive in nature, and shall foster and provide for the coordination of a wide range of diagnosis, counseling, and treatment services;
(8) work in consultation with schools, law enforcement, public agencies, and private organizations and individuals, to establish programs for the prevention and treatment of intoxication and substance use disorders among juveniles and young adults;
(9) prepare, publish, and disseminate educational materials concerning the prevention, nature, and effects of substance use disorders, and describing the benefits of treatment, which materials shall reflect the priorities identified in the Statement of Executive Branch Substance Use Control Policy Priorities and be consistent with the State's comprehensive substance use control strategy;
(10) encourage the use of substance use disorder prevention, detection, and treatment programs in government and industry; and
(11) appoint and employ such employees, advisers, and consultants, subject to the provisions of Title 11A of the New Jersey Statutes, and do all other acts and things necessary or convenient, to carry out the powers expressly granted to the commissioner pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) and the responsibilities of the Department of Human Services and the division, as specified in the comprehensive substance use control strategy.
c. The commissioner shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of sections 21 and 22 of P.L. , c. , (C. ) (pending before the Legislature as this bill). Such rules and regulations shall include, but need not be limited to, minimum standards and requirements for the treatment of patients by licensed or certified substance use disorder treatment facilities. As deemed by the commissioner to be appropriate, the rules and regulations adopted pursuant to this subsection may include different standards for each type of facility.
24. (New section) a. A facility that has obtained a license or certificate of approval pursuant to section 20 or 21 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall provide appropriate treatment under the comprehensive treatment system established pursuant to section 22 of P.L. , c. (C. ) (pending before the Legislature as this bill) to:
(1) any intoxicated person or person with a substance use disorder who voluntarily seeks treatment at the facility;
(2) any intoxicated person who is assisted to the facility by a law enforcement officer or emergency medical responder pursuant to section 30 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) any person who is committed to treatment in lieu of prosecution pursuant to section 31 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. As soon as possible after a person is admitted to a facility, the facility administrator shall cause such person to be examined by a physician or other medically competent individual who is operating under the supervision of a physician. If, upon examination, a determination is made that the person is intoxicated or has a substance use disorder, and adequate and appropriate treatment is available at the facility, the person shall be admitted to the facility.
c. (1) If any person is denied admission to a facility because adequate and appropriate treatment is not available at the facility, the facility administrator, with the assistance of the division, shall refer the person to a facility at which adequate and appropriate treatment is available.
(2) If an intoxicated person is denied admission to a facility, and has no available funds, the administrator shall arrange for the person to be assisted to the person's residence, or, if the person has no residence, to a place where shelter will be provided.
d. Any person admitted to a facility under this section may receive treatment at the facility for as long as the person wishes to remain at the facility, or until the administrator determines that treatment will no longer benefit the person; provided, however, that any person who, at the time of admission, is intoxicated and incapacitated, shall remain at the facility until the person is no longer incapacitated, but in no event shall the person be required to remain in the facility for a period of more than 48 hours.
e. The transportation of a person from one facility to another, or from a facility to the person's residence, and the financing thereof, shall be done in accordance with rules and regulations adopted by the Department of Human Services.
f. When a patient is discharged or otherwise released from treatment at a residential or inpatient facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment.
g. Each person who receives treatment at a facility pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to the supervisory powers of the facility administrator, as exercised in accordance with rules and regulations of the Department of Human Services.
h. Each facility administrator shall keep a record of the treatment provided to each patient under this section. A written, comprehensive, individualized treatment plan shall be prepared for each patient receiving treatment, and shall be retained in the patient's treatment record. Each patient record maintained under this subsection shall be confidential, and shall be made available only upon proper judicial order in connection with a pending judicial proceeding or otherwise.
i. No patient may be detained at any facility, without the person's consent, except in accordance with the provisions of subsection d. of this section.
25. (New section) No treatment facility, halfway house or other residential aftercare facility, or recovery residence operating in the State shall be permitted to deny admission to any person on the basis that the person is currently receiving medication-assisted treatment for a substance use disorder from a licensed treatment provider.
26. (New section) a. Whenever a person is admitted to a treatment facility, the facility administrator shall provide notice of admission to the person's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, as soon after the admission occurs as possible, provided that the conditions specified in subsection c. of this section are satisfied.
b. Whenever a person voluntarily withdraws, or is involuntarily evicted, from a halfway house or other residential aftercare facility, or from a recovery residence, the facility administrator or landlord shall provide notice of the patient's discharge from care to the person's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, provided that the conditions specified in subsection c. of this section are satisfied.
c. Notice may be provided under this section, provided that:
(1) such notice is provided in a manner that is consistent with federal requirements under 42 CFR Part 2 and the federal health privacy rule set forth at 45 CFR Parts 160 and 164; and
(2) the patient or resident, if an adult, has not withheld consent for such notice or expressly requested that notification not be given.
d. If a person who is not
incapacitated withholds consent for notice under this section, or expressly
requests that notification not be given, the person's wishes shall be respected
unless the person is an unemancipated minor, in which case the minor's parent,
legal guardian, designated next of kin, or other designated emergency contact
shall be notified, provided that such notification is not inconsistent with,
and would not violate, federal requirements under 42 CFR Part 2 and the federal
health privacy rule set forth at 45 CFR Parts 160 and 164.
27. (New section) a. No person shall be denied any right or privilege under the Constitution of the United States or the New Jersey State Constitution, including the right to vote, on the basis that the person has a substance use disorder or is receiving, or has received, treatment at a facility pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A patient shall have the following rights while receiving treatment at a facility:
(1) the right to have an examination under subsection b. of section 24 of P.L. , c. (C. ) (pending before the Legislature as this bill) performed by a physician who has been selected and retained by the patient;
(2) the right to engage in private consultation with the patient's family members and attorney; and the right to send and receive private communications by mail, telephone, email, or other means, without censorship. No communications of the patient shall be censored, read, or otherwise intercepted by facility staff without the patient's consent;
(3) the right to receive visitors during reasonable visiting hours, as established by the facility administrator; and
(4) the right to receive adequate and appropriate treatment.
c. All of the rights under this section shall be afforded to minor children and adolescents, except as otherwise provided by the law applicable to minors.
28. (New section) a. (1) The division shall oversee the development and maintenance of a residential beds database, which shall collect and track the daily information received pursuant to paragraph (2) of this subsection about the number of open beds that are available for treatment in each residential substance use disorder treatment facility that receives State or county funding.
(2) Each residential substance use disorder treatment facility that receives State or county funding shall submit to the database developed and maintained pursuant to paragraph (1) of this subsection, not less than once a day, information indicating the number of open beds that are available for treatment at the facility on that day.
b. The information maintained in the database shall include, by county:
(1) the address and telephone number of the residential substance use disorder treatment facility;
(2) the types of services provided by the facility;
(3) the licensed bed capacity of the facility; and
(4) the number of open beds that are available for treatment at the facility, based on the information received from the facility pursuant to paragraph (2) of subsection a. of this section.
c. Information in the residential beds database established and maintained pursuant to this section shall be:
(1) prominently displayed on the division's Internet website;
(2) made available to the public, upon request, through the addictions telephone hotline and the Statewide 2-1-1 telephone system;
(3) made available on the Substance Use Control Data Dashboard, as provided by paragraph (9) of subsection b. of section 17 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(4) made available using any other means that the assistant commissioner or the director deems appropriate.
d. The assistant commissioner shall be authorized to solicit, contract for, accept, and use any gifts, grants, loans, devises, or bequests of funds, facilities, property, services, or assistance, in any form, from the federal government or any instrumentality thereof, from State or local government entities, and from any private person or entity, and do all things necessary to cooperate with the federal government or any of its agencies in connection with the application for any federal grant or loan for the purposes of developing and maintaining the database pursuant to this section; provided, however, that any money received under this subsection shall be deposited with the State Treasurer to be kept in a separate fund in the treasury for expenditure by the division in accordance with the conditions of the gift, grant, loan, devise, or bequest, without specific appropriation.
29. (New section) a. The division shall annually prepare, post on its Internet website, and submit to the Commissioner of Human Services and to the director a substance use treatment provider performance report, as provided by this section.
b. Each performance report prepared under this section shall show and compare the overall performance of each substance use disorder treatment facility in the State with the Statewide average performance of such facilities, based on:
(1) the national outcome measures, for each level of care, which are identified in subsection c. of this section; and
(2) as appropriate, any other national outcome measures identified by the federal Substance Abuse and Mental Health Services Administration in the United States Department of Health and Human Services.
c. The following national outcome measures shall be used in preparing a performance report pursuant to this section:
(1) the percentage of patients who are abstinent from alcohol on the dates of admission and discharge;
(2) the percentage of patients who are abstinent from drugs on the dates of admission and discharge;
(3) the percentage of patients who are employed on the dates of admission and discharge;
(4) the percentage of patients who are enrolled in school or a job training program on the dates of admission and discharge;
(5) the percentage of patients who are homeless on the dates of admission and discharge;
(6) the average length of treatment provided to patients; and
(7) any other information the assistant commissioner deems appropriate.
d. The division shall make a hard copy of each substance use treatment provider performance report available to the public upon request.
30. (New section) a. (1) Any person who is intoxicated in a public place may be assisted by a law enforcement officer, or by an emergency medical responder at the officer's request, to the person's residence, or to an intoxication treatment center or other treatment facility.
(2) Any person who is intoxicated in a public place, and who a law enforcement officer has reason to believe is incapacitated, shall be assisted by the law enforcement officer, or by an emergency medical responder at the officer's request, to an intoxication treatment center or other treatment facility.
(3) Any person who is arrested for a violation of a municipal ordinance or for a disorderly persons offense, who is not also arrested for a misdemeanor or felony, and who the arresting officer has reasonable cause to believe is intoxicated, may be taken by the officer directly to an intoxication treatment center or other treatment facility.
(4) If a law enforcement officer believes that an intoxicated person is in immediate need of medical assistance, the officer, or an emergency medical responder at the officer's request, shall provide emergency first aid to the intoxicated person at the place where the intoxicated person is located.
b. In order to determine whether a person is intoxicated for the purposes of this section, a law enforcement officer may request that the person submit to any reasonable test, including, but not limited to, a test of the person's coordination, coherency of speech, and breath.
c. A law enforcement officer, acting in accordance with the provisions of this section, may use such force, other than that which is likely to inflict physical injury, as is reasonably necessary to carry out the officer's authorized responsibilities. If the officer reasonably believes that the officer's safety, or the safety of other persons present, so requires, the officer may conduct a search of the intoxicated person and the intoxicated person's immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapon, which may, on that occasion, be used against the officer or other persons present.
d. All persons acting under the provisions of this section shall be deemed to be acting in the conduct of their official duties, and shall not be subject to criminal or civil liability for actions taken, in good faith, in accordance with this section.
e. Any person who is brought to a facility pursuant to this section shall receive treatment in accordance with section 24 of P.L. , c. (C. ) (pending before the Legislature as this bill).
f. If a person is brought to a facility by a law enforcement officer pursuant to this section, and an examination conducted at the facility determines that the person is intoxicated, the examining physician or other medically competent individual shall certify this determination, and a duplicate copy of the certification shall be made available to the officer.
g. A person who is assisted to a facility under paragraph (1) or (2) of subsection a. of this section shall not be deemed to have been arrested, and no entry or other record shall be made to indicate that the person has been arrested.
h. The State, and any county or municipality therein, shall be authorized to establish service forces to assist law enforcement in effectuating the requirements of this section. Such service forces may, but need not, be a part of a law enforcement agency or police department. Members of a service force shall be trained to carry out the responsibilities of law enforcement set forth in this section and section 31 of P.L. , c. (C. ) (pending before the Legislature as this bill), particularly with respect to the administration of first aid to intoxicated persons who are in need of medical assistance.
i. State and local law enforcement agencies and officers, in cooperation with the division, shall provide temporary security at facilities where arrestees are taken pursuant to paragraph (3) of subsection a. of this section in cases where it is necessary that such security be provided to secure the safety of the arrestee or other persons present.
31. (New section) a. Whenever an arrestee is taken by a law enforcement officer directly to a treatment facility pursuant to paragraph (3) of subsection a. of section 30 of P.L. , c. (C. ) (pending before the Legislature as this bill), the facility administrator shall, prior to discharging such person from treatment:
(1) inform the person that, if a physician determines that the patient has a substance use disorder and would benefit from treatment, a court, in its discretion, may order the person to be committed to treatment in lieu of prosecution, as provided by this section;
(2) offer to examine the person at the facility, prior to discharge, in order to determine whether the person has a substance use disorder and would benefit from treatment. If the person consents to an examination under this paragraph, the facility shall provide for a physician to examine the person within 48 hours after the time consent is given. Law enforcement shall maintain appropriate security conditions at the facility during that time as may be necessary; and
(3) notify law enforcement of the upcoming discharge, at which point an officer shall escort and transport the patient from the facility.
b. (1) If a person taken to a facility pursuant to paragraph (3) of subsection a. of section 30 of P.L. , c. (C. ) (pending before the Legislature as this bill) is a patient of a facility at the time that court proceedings are commenced against the person for the violation of the municipal ordinance or for the disorderly persons offense, and the person has not yet received a medical examination to determine whether the person has a substance use disorder and would benefit from treatment, as provided by paragraph (2) of subsection a. of this section, the court shall inform the person of: (a) the ability to request such a medical examination; and (b) the consequences associated with a determination by a physician, following such examination, that the person has a substance use disorder and would benefit from treatment. If the defendant wishes to request an examination, the request shall be submitted to the court in writing. Upon receipt of a request, the court shall stay the current proceedings for the period during which the request is under judicial review, and shall appoint a physician to conduct the examination of the defendant at an appropriate time and location designated by the court.
(2) In no event shall any request for examination under this subsection, any statement made during the course of such examination, or any finding of a physician made pursuant to the provisions of this section be admissible against the defendant in any judicial proceeding.
c. (1) A physician who conducts an examination pursuant to this section shall determine whether the defendant has a substance use disorder and would benefit from treatment. The physician shall report the physician's findings to the court, together with the facts upon which the findings are based and the reasons for the physician's determinations. Such report shall be submitted as soon as possible, but in no case more than three days after the completion of the examination.
(2) If the physician, following an examination, determines that the defendant has a substance use disorder and would benefit from treatment, the court shall inform the defendant of the defendant's ability to request commitment to a facility for treatment under this subsection and the consequences of such commitment, including the fact that the current proceeding will be stayed for the term of the commitment. If the defendant requests commitment, the court shall proceed as specified by subsection d. of this section.
d. (1) If the court finds that the defendant has a substance use disorder and would benefit from treatment, and the defendant has requested commitment pursuant to paragraph (2) of subsection c. of this section, the court may elect to grant the request and, in such case, shall stay the current criminal proceeding and commit the defendant to an inpatient or outpatient treatment facility, as deemed by the court to be appropriate, in order to enable the defendant to receive adequate and appropriate treatment. If the court determines that no appropriate treatment space is available, and it is the defendant's first offense, the proceedings shall be stayed until adequate and appropriate treatment is available at, and is received by the defendant from, a facility. If the court determines that no appropriate treatment space is available, and the current case does not represent the defendant's first offense, the court may elect, in its discretion, to stay the proceedings until adequate and appropriate treatment is available at, and is received by the defendant from, a facility.
(2) Any term of inpatient treatment ordered pursuant to this subsection shall not exceed 30 days, and any term of outpatient treatment ordered pursuant to this subsection shall not exceed 60 days. In no case shall the total combined period of commitment, including commitment for both inpatient and outpatient treatment, exceed 90 days.
(3) In determining whether to grant a defendant's request for commitment, the court shall consider the report of the physician, the nature of the offense with which the defendant is charged, the defendant's prior criminal history, if any, and any other relevant evidence.
e. The defendant shall consent, in writing, to the terms of any commitment that is ordered pursuant to this section.
f. If the court does not order the defendant to be committed to treatment in lieu of prosecution as authorized by this section, any stay of the proceedings imposed pursuant to this section shall be vacated, and the court shall proceed with the case.
g. If a physician examining a defendant pursuant to this section finds that the defendant does not have a substance use disorder or would not benefit from treatment, the defendant, and the defendant's counsel, shall be entitled to request a follow-up hearing to enable the court to conduct a de novo evaluation to determine whether the person has a substance use disorder and would benefit from treatment. The court, upon receipt of a hearing request filed pursuant to this subsection, or upon the court's own motion, may appoint an independent physician to examine the defendant and testify at the hearing. If the court determines, following a hearing under this subsection, that the defendant has a substance use disorder and would benefit from treatment, the procedures and standards applicable under subsection d. of this section shall apply.
h. At any time during a term of commitment ordered by a court pursuant to this section, the facility administrator may transfer the defendant from an inpatient facility to an outpatient facility, if the administrator finds that the patient is a proper subject for outpatient treatment, and may transfer or retransfer the defendant from an outpatient facility to an inpatient facility, if the administrator finds that the patient is not suitable for outpatient treatment.
i. Any person committed pursuant to this section shall be discharged from the facility to which the person has been admitted:
(1) at the termination of the period of commitment specified in the court order; or
(2) at any other time, if the administrator determines that treatment will no longer benefit the person.
j. When a defendant who has been committed to treatment is discharged from the facility, either at the end of the ordered commitment period or when treatment is otherwise terminated, the division shall submit a written report to the court indicating whether the defendant has successfully completed treatment and articulating the basis for this conclusion. In determining whether a defendant has successfully completed treatment, the division shall consider, at a minimum, whether the defendant cooperated with the administrator and complied with the terms and conditions imposed on the defendant during the term of commitment. If the report states that the defendant has successfully completed treatment, the court shall dismiss the charges pending against the defendant. If the report states that the defendant has not successfully completed treatment, the court, based on the report and any other relevant evidence, may take any action it deems to be appropriate, including dismissing the charges or revoking the stay of the proceedings. In the event that the court revokes the stay of proceedings, convicts a defendant who has been committed in lieu of prosecution under this section, and sentences the defendant to a term of incarceration, the court shall reduce the term of incarceration by the period of time during which the defendant was committed to treatment under this section.
32. (New section) a. The division, in cooperation with State and local law enforcement, and the New Jersey Motor Vehicle Commission, shall conduct tests for alcohol and drugs in:
(1) the bodies of automobile drivers and pedestrians who die as a result, and within four hours, of a traffic accident; and
(2) the bodies of automobile drivers who survive traffic accidents that are fatal to others.
b. The division shall promulgate a written manual governing the conduct of tests pursuant to this section, which manual shall specify:
(1) the qualifications of personnel necessary to conduct such tests;
(2) the methods and related details of specimen selection, collection, preservation, and analysis; and
(3) the methods to be used in the tabulation and reporting of test data.
c. If a test conducted pursuant to this section discloses the use of alcohol, or of controlled dangerous substances or other habit-producing drugs, the division shall, to the extent practicable, make a determination as to whether a substance use disorder was a probable factor contributing to the drinking or drug use of the tested individual.
d. Test data collected and determinations made pursuant to this section shall be tabulated, compiled, and published by the division on at least a semi-annual basis.
33. (New section) a. Notwithstanding any other provision of law to the contrary, no county, municipality, or other jurisdiction within the State shall adopt an ordinance, resolution, by-law, or regulation having the force of law, which establishes an offense or violation for public intoxication, or imposes criminal or civil penalties or sanctions of any kind on a person who is found to be intoxicated in a public place, and any such existing ordinance, resolution, by-law, or other regulation creating such an offense is hereby repealed and obviated.
b. This section shall not apply to any ordinances, resolutions, by-laws, or regulations that relate to the offense of intoxicated driving, or other similar offenses that involve the operation of motor vehicles, machinery, or other hazardous equipment while under the influence of drugs or alcohol.
34. Section 3 of P.L.1982, c.81 (C.2A:4A-72) is amended to read as follows:
3. a. Where court intake services recommends diverting the juvenile, the reasons for the recommendation shall be submitted by intake services and approved by the court before the case is deemed diverted.
b. Where, in determining whether to recommend diversion, court intake services has reason to believe that a parent or guardian [is a drug dependent person, as defined in section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c. 226 (C.24:21-2) or an alcoholic as defined by P.L.1975, c. 305 (C.26:2B-8)] has a substance use disorder, as defined by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill, the basis for [this] such determination shall be stated in its recommendation to the court.
c. The county prosecutor shall receive a copy of each complaint filed pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30) promptly after the filing of the complaint.
d. Within [5] five days after receiving a complaint, the intake services officer shall advise the presiding judge and the prosecuting attorney of intake service's recommendation, as well as any other recommendations or objections received as to the complaint. In determining whether to divert, the court may hold a hearing to consider the recommendations and any objections submitted by court intake services in light of the factors provided in this section. The court shall give notice of the hearing to the juvenile, [his] the juvenile's parents or guardian, the prosecutor, the arresting police officer, and the complainant or victim. Each party shall have the right to be heard on the matter. If the court finds that not enough information has been received to make a determination, a further hearing may be ordered. The court may dismiss the complaint upon a finding that the facts, as alleged, are not sufficient to establish jurisdiction, or that probable cause has not been shown that the juvenile committed a delinquent act.
(cf: P.L.1982, c.81, s.3)
35. Section 2 of P.L.1982, c.80 (C.2A:4A-77) is amended to read as follows:
2. The purpose of the unit shall be to provide a continuous 24-hour on call service designed to attend and stabilize juvenile-family crises as defined pursuant to section 3 of P.L.1982, c.77 (C.2A:4A-22). The juvenile-family crisis intervention unit shall respond immediately to any referral, complaint, or information [made] filed pursuant to section 5 or 6 of [this act] P.L.1982, c.80 (C.2A:4A-80 or C.2A:4A-81), except if, upon preliminary investigation, it appears that a juvenile-family crisis within the meaning of [this act] P.L.1982, c.80 (C.2A:4A-76 et seq.) does not exist, or that an immediate referral to another agency would be more appropriate.
Upon the receipt of any referral pursuant to section 5 [and] or 6 of [this act] P.L.1982, c.80 (C.2A:4A-80 or C.2A:4A-81), the crisis intervention unit shall request information through the use of a form developed by the unit and approved by the Administrative Office of the Courts concerning the juvenile-family crisis. The form shall provide but shall not be limited to the following information:
a. The name, address, date of birth, and other appropriate personal data of the juvenile and the juvenile's parents or guardian;
b. Facts concerning the
conduct of the juvenile or family which may contribute to the crisis, including
evidence of [alcoholism
as defined in section 2 of P.L.1975, c.305 (C.26:2B-8), drug dependency as
defined in section 2 of the "New Jersey Controlled Dangerous Substances
Act," P.L.1970, c.226 (C.24:21-2)]
substance use disorder, as defined by section 3 of P.L. , c.
(C. ) (pending before
the Legislature as this bill),
or evidence that a juvenile is an "abused or neglected child" as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).
(cf: P.L.1982, c.80, s.2)
36. Section 10 of P.L.1982, c.80 (C.2A:4A-85) is amended to read as follows:
10. [Alcoholic, drug-dependent parent] Parent with substance use disorder.
a. When a petition is filed and as a result of any information supplied on the family situation by the crisis intervention unit, court intake services has reason to believe that the juvenile's parent or guardian [is an alcoholic, as defined by P.L.1975, c.305 (C.26:2B-8), or a drug-dependent person, as defined by section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-2)] has a substance use disorder, as defined by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), intake services shall state the basis for this determination and provide recommendations to the court.
b. When, as a result of any information supplied by the crisis intervention unit, court intake services has reason to believe that a juvenile is an "abused or neglected child," as defined in P.L.1974, c.119 (C.9:6-8.21), they shall handle the case pursuant to the procedure set forth in that law. The Division of Child Protection and Permanency shall, upon disposition of any case originated pursuant to this subsection, notify court intake services as to the nature of the disposition.
c. (1) When, as a result of any information supplied with regard to any juvenile by the crisis intervention unit or [from] by any other source, court intake services has reason to believe that the juvenile may have an auditory or vision problem, intake services shall state the basis for this determination and provide recommendations to the court. Before arriving at its determination, intake services may request the court to order any appropriate school medical records of the juvenile. On the basis of this recommendation, or on its own motion, the court may order any juvenile [concerning whom] who is the subject of a complaint [is filed] to be examined by a physician, optometrist, audiologist, or speech language pathologist.
(2) Any examination shall be made and the findings submitted to the court within 30 days of the date the order is entered, but this period may be extended by the court for good cause.
(3) Copies of any reports of findings submitted to the court shall be available to counsel for all parties prior to an adjudication of whether or not the juvenile is delinquent.
(cf: P.L.2012, c.16, s.2)
37. 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, every person convicted of a violation of any offense defined in this chapter or chapter 36 of this title shall be assessed for each offense a penalty fixed at:
(a) $3,000 in the case of a crime of the first degree;
(b) $2,000 in the case of a crime of the second degree;
(c) $1,000 in the case of a crime of the third degree;
(d) $750 in the case of a crime of the fourth degree;
(e) $500 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 not placed in supervisory treatment pursuant to this section or 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, 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 in this section 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 Office of Coordinated Substance Use Control Policy and Planning; (2) the Local Substance Use Control Alliance [to Prevent Alcoholism and Drug Abuse] and its administration by the Governor's Council on [Alcoholism and Drug Abuse; (2) the "Alcoholism and Drug Abuse] Substance Use Control; (3) the "Substance Use Prevention and Treatment 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)] (4) the "Partnership for a Drug Free New Jersey," the State affiliate of the "Partnership for a Drug Free America"; and [(4)] (5) other [alcohol and drug abuse] substance use control programs.
Moneys appropriated for the purpose of funding the "[Alcoholism and Drug Abuse] Substance Use Prevention and Treatment 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] substance use disorder treatment 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 participating 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 the person has successfully completed the rehabilitation program. If the person's participation is for any reason terminated before 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] use disorder treatment programs 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] substance use disorder treatment 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] substance use disorder treatment 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 the person has successfully completed the reformative service. If the person's participation is for any reason terminated before [his] the person's 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.2019, c.363, s.4)
38. Section 1 of P.L.1968, c.230 (C.9:17A-4) is amended to read as follows:
1. a. (1) The consent to the provision of medical or surgical care or services or a forensic sexual assault examination by a hospital or public clinic, or consent to the performance of medical or surgical care or services or a forensic sexual assault examination by a health care professional, when executed by a minor who is or believes that he or she may have a sexually transmitted infection, or who is at least 13 years of age and is or believes that he or she may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of the treating health care professional, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. In the case of a minor who appears to have been sexually assaulted, the minor's parents or guardian shall be notified immediately, unless the treating healthcare professional believes that it is in the best interests of the patient not to do so. Inability of the treating health care professional, hospital, or clinic to locate or notify the parents or guardian shall not preclude the provision of any emergency or medical or surgical care to the minor or the performance of a forensic sexual assault examination on the minor.
(2) As used in this subsection, "health care professional" means a physician, physician assistant, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.
b. When a minor believes that he or she is adversely affected by a substance use disorder [involving drugs or is a person with a substance use disorder involving drugs], as defined in section [2 of P.L.1970, c.226 (C.24:21-2)] 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) [or is adversely affected by an alcohol use disorder or is a person with an alcohol use disorder as defined in section 2 of P.L.1975, c.305 (C.26:2B-8)], the minor's consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed or certified to provide treatment for [an alcohol] a substance use disorder, or in a facility licensed by the State to provide for the treatment of [an alcohol] a substance use disorder, shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for [an alcohol use disorder or] a substance use disorder [involving drugs] that is consented to by a minor shall be considered confidential information between the physician, the treatment provider, or the treatment facility, as appropriate, and the patient, and neither the minor nor the minor's physician, treatment provider, or treatment facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent, except as may otherwise be required by law.
When a minor who is sixteen years of age or older believes that he or she is in need of behavioral health care services for the treatment of mental illness or emotional disorders, the minor's consent to temporary outpatient treatment, excluding the use or administration of medication, under the supervision of a physician licensed to practice medicine, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, or licensed psychologist, or in an outpatient health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for behavioral health care services for mental illness or emotional disorders that is consented to by a minor shall be considered confidential information between the physician, the individual licensed to provide professional counseling, the advanced practice nurse, or the health care facility, as appropriate, and the patient, and neither the minor nor the minor's physician, professional counselor, nurse, or outpatient health care facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent.
The consent of no other person or persons, including but not limited to, a spouse, parent, custodian, or guardian, shall be necessary in order to authorize a minor to receive such hospital services, facility, or clinical care or services, medical or surgical care or services, or counseling services from a physician licensed to practice medicine, an individual licensed or certified to provide treatment for [an alcohol] a substance use disorder, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, as appropriate, except that behavioral health care services for the treatment of mental illness or emotional disorders shall be limited to temporary outpatient services only.
(cf: P.L.2017, c.131, s.7)
39. Section 3 of P.L.1952, c.157 (C.12:7-46) is amended to read as follows:
3. a. No person shall operate a vessel on the waters of this State while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug, or with a blood alcohol concentration of 0.08[%] percent or more by weight of alcohol. No person shall permit another who is under the influence of intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug, or who has a blood alcohol concentration of 0.08[%] percent by weight of alcohol, to operate any vessel owned by the person or in his custody or control.
As used in this section, "vessel" means a power vessel as defined by section 2 of P.L.1995, c.401 (C.12:7-71) or a vessel which is 12 feet or greater in length.
A person who violates this section shall be subject to the following:
(1) For a first offense:
(i) if the person's blood alcohol concentration is 0.08[%] percent or higher but less than 0.10[%] percent, or the person operates a vessel while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a vessel owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08[%] percent or higher but less than 0.10[%] percent to operate a vessel, to a fine of not less than $250 nor more than $400; and to the revocation of the privilege to operate a vessel on the waters of this State for a period of one year from the date of conviction and to the forfeiting of the privilege 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[%] percent or higher, or the person operates a vessel while under the influence of a narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of a narcotic, hallucinogenic or habit-producing drug to operate a vessel owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10[%] percent or more to operate a vessel, to a fine of not less than $300 nor more than $500; and to the revocation of the privilege to operate a vessel on the waters of this State for a period of one year from the date of conviction and to the forfeiting of the privilege 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.
(2) For a second offense, to a fine of not less than $500 nor more than $1,000; to the performance of community service for a period of 30 days, in the form and on the terms as the court deems appropriate under the circumstances; and to imprisonment for a term of not less than 48 hours nor more than 90 days, which shall not be suspended or served on probation; and to the revocation of the privilege to operate a vessel on the waters of this State for a period of two years after the date of conviction and to the forfeiting of the privilege to operate a motor vehicle over the highways of this State for a period of two years.
(3) For a third or subsequent offense, to a fine of $1,000; to imprisonment for a term of not less than 180 days, except that the court may lower this term for each day not exceeding 90 days during which the person performs community service, in the form and on the terms as the court deems appropriate under the circumstances; and to the revocation of the privilege to operate a vessel on the waters of this State for a period of 10 years from the date of conviction and to the forfeiting of the privilege to operate a motor vehicle over the highways of this State for a period of 10 years.
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 of the New Jersey Motor Vehicle Commission. In the event that a person convicted under this section is the holder of any out-of-State motor vehicle driver's or vessel operator's license, the court shall not collect the license but shall notify forthwith the Chief Administrator of the New Jersey Motor Vehicle Commission, 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 and the nonresident's privilege to operate a vessel in this State.
b. 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 against a second or subsequent offender. If a second offense occurs more than 10 years after the first offense, the court shall treat a 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 a third conviction as a second offense for sentencing purposes.
c. If a court imposes a term of imprisonment under this section, the person may be sentenced to the county jail, to the workhouse of the county where the offense was committed, or to an inpatient [rehabilitation] substance use disorder treatment program approved by the Chief Administrator of the New Jersey Motor Vehicle Commission and the [Director of the Division of Alcoholism and Drug Abuse in the Department of Health and Senior Services] Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services.
d. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than three months after the day the person reaches the age of 17 years. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this title or Title 39 of the Revised Statutes at the time of any conviction of any offense defined in this section, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement. A second offense shall result in the suspension or postponement of the person's privilege to operate a motor vehicle for six months. A third or subsequent offense shall result in the suspension or postponement of the person's privilege to operate a motor vehicle for two years. The court before whom any person is convicted of or adjudicated delinquent for a violation shall collect, forthwith, the New Jersey driver's license or licenses of the person and forward such license or licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is, for any reason, unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the chief administrator. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel during the period of license suspension or postponement imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be required to acknowledge receipt of the 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 or section 14 of P.L.1995, c.401 (C.12:7-83). If the person is the holder of a driver's or vessel operator's license from another jurisdiction, the court shall not collect the license but shall notify, forthwith, the chief administrator, who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving or vessel operating privilege, whichever is appropriate, in this State.
e. In addition to any other requirements provided by law, a person convicted under this section shall satisfy the screening, evaluation, referral program, and fee requirements of the Division of [Alcoholism's] Mental Health and Addiction Services' Intoxicated Driving [Programs Unit] Program. A fee of $80 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established under section 3 of P.L.1983, c.531 (C.26:2B-32), by the convicted person in order to defray the costs of the screening, evaluation and referral by the Intoxicated Driving [Programs Unit] Program. Failure to satisfy this requirement shall result in the immediate forfeiture of the privilege to operate a vessel on the waters of this State or the continuation of revocation until the requirements are satisfied.
f. In addition to any other requirements provided by law, a person convicted under this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied.
(cf: P.L.2004, c.80, s.1)
40. Section 9 of P.L.1986, c.39 (C.12:7-57) is amended to read as follows:
9. a. A court shall revoke the privilege of a person to operate a power vessel or a vessel which is 12 feet or greater in length, if after being arrested for a violation of section 3 of P.L.1952, c.157 (C.12:7-46), the person refuses to submit to the chemical test provided for in section 7 of P.L.1986, c.39 (C.12:7-55) when requested to do so. The revocation shall be for one year unless the refusal was in connection with a second offense under section 3 of P.L.1952, c.157 (C.12:7-46), in which case the revocation period shall be for two years. If the refusal was in connection with a third or subsequent offense under section 3 of P.L.1952, c.157 (C.12:7-46), the revocation shall be for 10 years. The court also shall revoke the privilege of a person to operate a motor vehicle over the highways of this State for a period of: not less than seven months or more than one year for a first offense; two years for a second offense; and 10 years for a third or subsequent offense. The court shall also fine a person convicted under this section: not less than $300 nor more than $500 for a first offense; not less than $500 or more than $1,000 for a second offense; and $1,000 for a third or subsequent offense.
b. The court shall determine, by a preponderance of the evidence, whether the arresting officer had probable cause to believe that the person had been operating or was in actual physical control of the vessel while under the influence of intoxicating liquor, or a narcotic, hallucinogenic or habit-producing drug, whether the person was placed under arrest, and whether the person refused to submit to the test upon request of the officer. If these elements of the violation are not established, no conviction shall issue.
c. In addition to any other requirements provided by law, a person whose privilege to operate a vessel is revoked for refusing to submit to a chemical test shall satisfy the screening, evaluation, referral and program requirements of the Bureau of Alcohol Countermeasures in the Division of [Alcoholism] Mental Health and Addiction Services in the Department of [Health and Senior] Human Services. A fee of $40 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established under section 3 of P.L.1983, c.531 (C.26:2B-32), by the convicted person in order to defray the costs of the screening, evaluation and referral by the Bureau of Alcohol Countermeasures and the cost of an education or rehabilitation program. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this State or the continuation of revocation until the requirements are satisfied. The revocation for a first offense may be concurrent with or consecutive to a revocation imposed for a conviction under the provisions of section 3 of P.L.1952, c.157 (C.12:7-46) arising out of the same incident; the revocation for a second or subsequent offense shall be consecutive to a revocation imposed for a conviction under the provisions of section 3 of P.L.1952, c.157 (C.12:7-46).
d. In addition to any other requirements provided by law, a person convicted under this section shall be required after conviction to complete a boat safety course from the list approved by the Superintendent of State Police pursuant to section 1 of P.L.1987, c.453 (C.12:7-60), which shall be completed prior to the restoration of the privilege to operate a vessel which may have been revoked or suspended for a violation of the provisions of this section. Failure to satisfy this requirement shall result in the immediate revocation of the privilege to operate a vessel on the waters of this State, or the continuation of revocation until the requirements of this subsection are satisfied.
(cf: P.L.2004, c.80, s.4)
41. Section 2 of P.L.2001, c.48 (C.26:2B-9.2) is amended to read as follows:
2. a. There is created within the Department of [Health and Senior] Human Services a special nonlapsing revolving fund to be known as the "[Alcohol] Substance Use Disorder Treatment Programs Fund." The fund shall consist of such monies as are deposited pursuant to section 12 of P.L.1994, c.57 (C.34:1B-21.12), any other monies as may be appropriated to the fund by the Legislature or otherwise provided to the fund, and interest or other income derived from the investment of monies in the fund.
b. Except as provided in subsection c. of this section, monies in the fund shall be used exclusively for making grants, approved by the Director of the Division of Mental Health and Addiction Services in the Department of [Health and Senior] Human Services, to programs that provide substance use disorder treatment [for alcoholism, alcohol abuse and other conditions related to the excessive consumption of alcoholic beverages among] to persons convicted of violating the State's [drunk] intoxicated driving laws, and others.
c. An amount not to exceed $150,000 in Fiscal Year 2002 and five percent of the total annual revenue allocated to the fund in each fiscal year thereafter may be expended from the fund to defray actual expenses incurred by the department in the administration of the fund, subject to approval by the [Director of the Division of Budget and Accounting] Office of Management and Budget.
(cf: P.L.2001, c.48, s.2)
42. Section 3 of P.L.2001, c.48 (C.26:2B-9.3) is amended to read as follows:
3. The [Director] Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of [Health and Senior] Human Services shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of [this act] P.L.2001, c.48 (C.26:2B-9.2 et al.). The regulations shall include, but need not be limited to, the following:
a. Criteria for grantee eligibility;
b. The form and manner in which application for grants from the fund shall be made; and
c. The treatment services and treatment recipients for which grant funds may be expended.
(cf: P.L.2001, c.48, s.3)
43. 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 and persons with a substance use disorder involving drugs,] shall submit to the [Deputy] Executive Director of the Office of Coordinated Substance Use Control Policy and Planning, the Assistant Commissioner for the Division of Mental Health and Addiction Services, and the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control, an annual comprehensive plan for the provision of community services within the county to meet the needs of persons with [alcohol use disorder and persons with] a substance use disorder [involving drugs]. The plan shall be developed in consultation with the county agency or individual who is designated by the county as having responsibility for the planning of community services and programs for the care or rehabilitation of persons with substance use disorders.
b. The annual comprehensive plan developed under this section shall address the needs of urban areas with a population of 100,000 or over, and shall demonstrate linkage with existing resources [which] that are available to serve persons with [alcohol use disorder and persons with] a substance use disorder and their families. [Special attention in the plan shall be given to alcohol use disorder and] The plan may provide for appropriate programs and services to be made available by the county, by a State agency with which the county has an agreement, by private organizations, including volunteer groups, or by some specified combination of these entities. The plan developed under this section shall specifically address the following issues:
(1) substance use [disorder and] disorders in youth, women, persons with disabilities, and other at-risk populations;
(2) intoxicated drivers and drivers with substance use disorder; [women and alcohol use disorder and substance use disorder; persons with disabilities and alcohol use disorder and substance use disorder; alcohol use disorder]
(3) intoxication and substance use [disorder on the job] disorders in the workplace; [alcohol use disorder and]
(4) the relationship between substance use [disorder] disorders and crime;
(5) the dissemination and availability of public information on substance use, substance use disorders, and available treatment options; and
(6) the availability of local 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] that 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 that are 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 use disorder] agency or individual having responsibility for the planning of community services and programs for the care or rehabilitation of persons with substance use disorders, and all programs shall be consistent with the annual comprehensive county plan submitted [to the Deputy Commissioner for the Division of Mental Health and Addiction Services and the Governor's Council on Alcoholism and Drug Abuse] pursuant to subsection a. of 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 use disorder coordinator] agency or individual having responsibility for the planning of community services and programs for the care or rehabilitation of persons with substance use disorders, in consultation with the county superintendent of schools, local boards of education, local councils on [alcohol use disorder and] substance 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 and] substance use disorder. 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] as having responsibility for the planning of community services and programs for the care or rehabilitation of persons with [alcohol use disorder and persons with] substance use [disorder] disorders, shall establish a Local Advisory Committee on [Alcohol Use Disorder and] Substance Use [Disorder] Control to assist the governing body in the development of the annual comprehensive plan under this section. The advisory committee shall consist of [no] not 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 who are recovering from a substance use disorder involving alcohol [use disorder], and at least two of the members shall be persons who are recovering from a substance use disorder involving drugs. The committee shall also include the county prosecutor, or [his] the prosecutor's designee[,]; representatives from a wide range of public and private organizations involved in the treatment of [alcohol use disorders and] substance use disorder-related problems; and other individuals with interest or experience in issues concerning [alcohol] substance use [disorder] and substance use [disorder] disorders. Each advisory committee appointed pursuant to this subsection 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 and] Substance Use [Disorder] Control shall organize and elect a [chairman] chair from among its members.
e. [The] (1) Each comprehensive community services plan developed by a county shall be submitted to the Executive Director of the Office of Coordinated Substance Use Control Policy and Planning for approval, and to the [Deputy] Assistant Commissioner for the Division of Mental Health and Addiction Services for review. The director, in consultation with the assistant commissioner, shall review [the] each county plan pursuant to a procedure developed by the [deputy commissioner] director in consultation with the assistant commissioner.
(2) In determining whether to approve an annual comprehensive plan submitted under this [act] section, the [deputy commissioner] director shall consider whether: (a) the plan is consistent with the policies outlined in the Statement of Executive Branch Substance Use Control Policy Priorities published pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); (b) 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 targets established in the State's comprehensive substance use control strategy developed pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); and [whether] (c) the implementation of the plan is feasible.
(3) Each county plan submitted [to the deputy commissioner] pursuant to this section shall be presumed to be valid and consistent with the Statement of Executive Priorities and the State strategy; provided [it] that the plan is in substantial compliance with the provisions of this [act] section. [Where the department fails to approve a county plan, the] If the director determines, in consultation with the assistant commissioner, that the plan is inconsistent with the Statement of Executive Priorities or is insufficient to attain the goals, objectives, and targets established in the State strategy, the director shall reject the plan and provide the county with recommendations for changes that would make the plan adequate. A county may request a court hearing [on that] with regard to any determination by the director that the plan is inconsistent with the Statement of Executive Priorities or the State strategy.
(4) A copy of any comprehensive plan approved by the director pursuant to this subsection shall be provided to the Division of Mental Health and Addiction Services and the Governor's Council on Substance Use Control.
(cf: P.L.2017, c.131, s.81)
44. Section 1 of P.L.1995, c.318 (C.26:2B-36) is amended to read as follows:
1. a. The Legislature finds and declares that:
(1) there is growing evidence that people with deafness, hearing loss, or other disabilities are at greater risk of being involved with alcohol or [other] drugs [of abuse] than the general population; [the]
(2) persons who are deaf [and] or hard of hearing have a communication disability, which prevents them from receiving and communicating information that would enable them to make more informed decisions about their own use, abuse of, or addiction to, alcohol and [other] drugs; [and]
(3) the combined impact of physical impairment, attitudinal and architectural barriers, societal discrimination, and the psychological stresses that accompany disability may create a special vulnerability [for] to substance [abuse] use disorders in people with disabilities[.
The Legislature further finds and declares that:] ; and
(4) few rehabilitation centers and professionals working with [the] people who are deaf [,] or hard of hearing and other [disabled] persons with disabilities are adequately prepared or trained to identify, recognize, or deal with the signs of substance [abuse; and New Jersey needs] use disorder.
b. The Legislature therefore concludes that there is a need for the State to encourage and facilitate the development of specialized services for people with disabilities who [abuse, misuse and are addicted to alcohol and other drugs] have a substance use disorder.
(cf: P.L.1995, c.318, s.1)
45. 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] a "Substance Use Prevention and Treatment 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 Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control.
c. Commencing on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Human Services, through the Division of Mental Health and Addiction Services, shall be the agency that is responsible for operating and overseeing the program established pursuant to subsection a. of this section.
(cf: P.L.2013, c.253, s.4)
46. Section 3 of P.L.1995, c.318 (C.26:2B-38) is amended to read as follows:
3. The program operated pursuant to P.L.1995, c.318 (C.26:2B-36 et seq.) shall [include, but not be limited to] , at a minimum, be designed to: [providing] enhance public awareness of [, and developing] substance use disorders affecting persons who are deaf, hard of hearing, or otherwise disabled; develop advocacy efforts for [the] persons who are deaf [, persons with] hard of hearing [impairments, and other persons with disabilities], or otherwise disabled, and who are in need of treatment [services] for [alcohol use disorder and] a substance use disorder[,]; and [developing] develop appropriate treatment modalities and specialized training programs for [this population] these populations. The [commissioner] Department of Human Services shall incorporate the services of community-based agencies to develop and implement [this] the program.
(cf: P.L.2017, c.131, s.82)
47. Section 1 of P.L.1989, c.51 (C.26:2BB-1) is amended to read as follows:
1. a. The Legislature finds and declares that: [alcoholism and drug abuse are] the occurrence of substance use disorders is a major health [problems] problem facing the residents of this State; [aspects of these problems extend into many areas under various State departments; placement in, but not of, the State Department of the Treasury is the most appropriate and logical location for focusing a coordinated planning and review effort to ameliorate these problems and for establishing] and it is reasonable and necessary to establish a Governor's Council on [Alcoholism and Drug Abuse as an independent coordinating, planning, research and review body regarding all aspects of alcoholism and drug abuse; and a merger of the Division of Alcoholism and the Division of Narcotic and Drug Abuse Control within the State Department of Health will] Substance Use Control, which will work in coordination with the Office of Coordinated Substance Use Control Policy and Planning to enhance the effectiveness of the State's role in formulating comprehensive and integrated [public] substance use control policy and [providing effective] in ensuring the effectiveness of substance use control prevention, treatment, [prevention] recovery, and public awareness efforts [against alcoholism and drug abuse] occurring throughout the State.
b. The Legislature further finds and declares that[: as], because the cooperation and active participation of all communities in the State is necessary to achieve long-term success under the [goal of reducing alcoholism and drug abuse there should be established] Coordinated Statewide Substance Use Control Program, it is reasonable and necessary to establish, within the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control, [an] a Local Substance Use Control Alliance [to Prevent Alcoholism and Drug Abuse], which shall work, in consultation with the Office of Coordinated Substance Use Control Policy and Planning, to unite the local communities of this State in a coordinated and comprehensive effort to implement the Coordinated Statewide Substance Use Control Program and attain the goals, objectives, and targets outlined in the State's comprehensive substance use control strategy; and [that] mobilize the full resources of [this State including] counties, municipalities, and residents of the State [must be mobilized] in a persistent and sustained manner, in order to achieve a local response that is capable of meaningfully addressing not only the symptoms, but the root causes, of this pervasive problem.
(cf: P.L.1989, c.51, s.1)
48. Section 2 of P.L.1989, c.51 (C.26:2BB-2) is amended to read as follows:
2. There is created a 26-member council, in, but not of, the Department of the Treasury, which shall be designated as the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control is allocated to the Department of the Treasury, but, notwithstanding the allocation, the [office] council shall be independent of any supervision or control by the department, or by any board or officer thereof.
The council shall consist of 12 ex officio members and 14 public members.
a. The ex officio members of the council shall be: the Attorney General, the Commissioners of Labor and Workforce Development, Education, Human Services, Health, Children and Families, Community Affairs, Personnel and Corrections, the chair of the executive board of the New Jersey Presidents' Council, the Administrative Director of the Administrative Office of the Courts, and the Adjutant General. An ex officio member may designate an officer or employee of the department or office which [he] the member heads to serve as [his] the member's alternate and exercise [his] the member's functions and duties as a member of the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control.
b. The 14 public members shall be residents of the State who [are selected for their] have knowledge, competence, experience, or interest in connection with [alcohol or] substance use [disorder. They] disorders involving drugs or alcohol, and shall be appointed as follows: two shall be appointed by the President of the Senate, two shall be appointed by the Speaker of the General Assembly, and 10 shall be appointed by the Governor, with the advice and consent of the Senate. At least two of the public members appointed by the Governor shall be persons who have been rehabilitated from [alcohol] a substance use disorder involving alcohol, and at least two of the public members appointed by the Governor shall be persons who have been rehabilitated from a substance use [disorders] disorder involving drugs.
c. The term of office of each public member shall be three years; except that of the first members appointed, four shall be appointed for a term of one year, five shall be appointed for a term of two years, and five shall be appointed for a term of three years. Each member shall serve until [his] the member's successor has been appointed and qualified, and vacancies in the membership shall be filled, for the remainder of the unexpired term, in the same manner [as] provided for the original appointments [for the remainder of the unexpired term]. A public member [is] shall be eligible for reappointment to the council.
d. The [chairman] chair of the council shall be appointed by the Governor from among the public members of the council, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the [chairman's] chair's successor. The members of the council shall elect a vice-[chairman] chair from among the members of the council. The Governor may remove any public member for cause, upon notice and opportunity to be heard.
e. The council shall meet at least monthly, and at such other times as may be designated by the [chairman] chair. Fourteen members of the council shall constitute a quorum. The council may establish any advisory committees it deems advisable and feasible.
f. The [chairman] chair shall be the request officer for the council within the meaning of such term as defined in section 6 of article 3 of P.L.1944, c.112 (C.52:27B-15).
g. The public members of the council shall receive no compensation for their services, but shall be reimbursed for their expenses incurred in the discharge of their duties, within the limits of funds appropriated or otherwise made available for this purpose.
(cf: P.L.2017, c.131, s.99)
49. Section 3 of P.L.1989, c.51 (C.26:2BB-3) is amended to read as follows:
3. a. The Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control shall be administered by an executive director who shall be appointed by the Governor, with the advice and consent of the Senate, and 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.
b. The executive director shall be a person qualified by training and experience to perform the duties of the council.
c. The executive director shall have the authority to employ a deputy executive director, who shall be in the unclassified service of the Civil Service, and such staff as are necessary to accomplish the work of the council, within the limits of available appropriations. The executive director may delegate to subordinate officers or employees of the council any of [his] the powers [which he] the executive director deems desirable [to], which powers shall be exercised under [his] the executive director's supervision and control. All employees of the council, except the executive director and the deputy executive director, shall be in the career service of the Civil Service.
d. The executive director shall attend all meetings of the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control.
(cf: P.L.1989, c.51, s.3)
50. Section 4 of P.L.1989, c.51 (C.26:2BB-4) is amended to read as follows:
4. The Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control is authorized and empowered to:
a. Review [and coordinate all State departments' efforts in regard to the planning and], analyze, and provide recommendations to the Office of Coordinated Substance Use Control Policy and Planning on:
(1) the provision of substance use disorder prevention, treatment, [prevention] recovery, research, evaluation, and education services [for,] by program partner agencies under the Coordinated Statewide Substance Use Control Program; and
(2) the status of public awareness [of, alcoholism and drug abuse] on matters of substance use control;
b. [Prepare by July 1 of each year, the State government component of] Provide assistance and recommendations to the Office of Coordinated Substance Use Control Policy and Planning with respect to the development of the [Comprehensive Statewide Alcoholism and Drug Abuse Master Plan for the treatment, prevention, research, evaluation, education and public awareness of alcoholism and drug abuse in this State, which plan shall include an emphasis on prevention, community awareness, and family and youth services] comprehensive substance use control strategy developed pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), particularly with respect to those aspects of the strategy that pertain to State-level activities being undertaken by program partner agencies;
c. [Review] Support the Office of Coordinated Substance Use Control Policy and Planning in its review of each County Annual Alliance Plan under paragraph (21) of subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), and [the] in the office's development of recommendations [of the Division of Alcoholism and Drug Abuse in the Department of Health], under paragraph (20) of subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the awarding [the] of 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 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] Office of Coordinated Substance Use Control Policy and Planning, on an annual basis, and in accordance with the regular budget cycle, written recommendations as to the appropriate allocations of State and federal funds that should be made to [State departments] program partner agencies, local governments [and local agencies], State and local law enforcement agencies, and service providers [of all State and federal funds for] in the upcoming fiscal year, in order to enable or facilitate, consistent with the State's comprehensive substance use control strategy:
(1) the commencement, continuation, or expansion of substance use disorder prevention, treatment, [prevention] recovery, research, evaluation, and education [and] programs, services, and supports;
(2) the enhancement of public awareness [of alcoholism and drug abuse in accordance with the regular budget cycle,] on all issues related to illicit substance use, substance use disorders, and available substance use disorder treatment and recovery programs, services, supports, and housing; and [shall incorporate and unify all]
(3) the coordination, consolidation, or more effective or efficient implementation of State, county, [local] municipal, and private [alcohol and drug abuse] substance use control initiatives;
e. [Distribute] Submit to the Office of Coordinated Substance Use Control Policy and Planning, on an annual basis, written recommendations for 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] as necessary to support and sustain local substance use control programs established [under] in cooperation with the Local Substance Use Control Alliance [to Prevent Alcoholism and Drug Abuse], pursuant to section 7 of P.L.1989, c.51 (C.26:2BB-7);
f. Evaluate the existing funding mechanisms [for alcoholism and drug abuse services] that are used to finance substance use control activities in the State, and [recommend] provide recommendations to the [Governor and the Legislature] Office of Coordinated Substance Use Control Policy and Planning regarding any changes [which] in funding that may improve the coordination of services to citizens in this State;
g. Encourage the development or expansion of substance use control-related 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] or municipal governmental entity, or from any other appropriate source, data, reports, statistics, or other materials [which] that 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)
51. Section 7 of P.L.1989, c.51 (C.26:2BB-7) is amended to read as follows:
7. a. There is created [an] a Local Substance Use Control Alliance [to Prevent Alcoholism and Drug Abuse], hereinafter referred to as the "Alliance," in the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control. The purpose of the Alliance is to create a network, comprised of all the local communities in New Jersey, which is dedicated to [a] implementing comprehensive and coordinated [effort against alcoholism and drug abuse] efforts, at both the county and municipal levels, to prevent substance use disorders. The Alliance shall be a mechanism both for implementing policies, consistent with the Executive Statement of Substance Use Control Priorities issued pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the State's comprehensive substance use control strategy developed pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), to reduce [alcoholism and drug abuse] the occurrence of substance use disorders at the municipal level, and for providing funds, including moneys from mandatory penalties on drug offenders, to member communities, consistent with the recommendations of the Office of Coordinated Substance Use Control Policy and Planning, to support appropriate county and municipal-based [alcohol and drug abuse] substance use disorder education and public awareness activities.
b. The Office of Coordinated Substance Use Control Policy and Planning, in consultation and cooperation with the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control, shall adopt rules and regulations, consistent with the State's comprehensive substance use control strategy, for the operation of, and 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.)[,] and section 5 of P.L.1993, c.216 (C.54:43-1.3), and from 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] illicit substance use and the occurrence of substance use disorders;
(2) In cooperation with local school districts, comprehensive and effective [alcoholism and drug abuse] substance use disorder education programs in grades kindergarten through 12;
(3) In cooperation with local school districts, procedures for the intervention, treatment, and discipline of students [abusing] engaging in the illicit use of alcohol or drugs;
(4) Comprehensive [alcoholism and drug abuse] substance use disorder education, support, and outreach efforts for parents in the community; and
(5) Comprehensive [alcoholism and drug abuse] substance use disorder 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] substance use control 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] shall be authorized to receive [from the Governor's Council on Alcoholism and Drug Abuse] 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)
52. Section 8 of P.L.1989, c.51 (C.26:2BB-8) is amended to read as follows:
8. a. Each Local Advisory Committee on [Alcoholism and Drug Abuse] Substance Use Control, 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] Substance Use Control. 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] Substance Use Control;
(2) County Human Services Advisory Council;
(3) County Superintendent of Schools;
(4) Existing county council on [alcoholism] substance 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," established pursuant to 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] the rules and regulations adopted under subsection b. of section 7 of P.L.1989, c.51 (C.26:2BB-7), 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
d. The Local Advisory Committee on [Alcoholism and Drug Abuse] Substance Use Control shall review and approve the County Annual Alliance Plan and submit this plan by July 1 of each year to the Executive Director of the Office of Coordinated Substance Use Control Policy and Planning, to the Division of [Alcoholism and Drug Abuse] Mental Health and Addiction Services in the Department of [Health] Human Services, and to the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control.
e. After the County Annual Alliance Plan is returned by the [Governor's Council on Alcoholism and Drug Abuse] Office of Coordinated Substance Use Control Policy and Planning to the Local Advisory Committee on [Alcoholism and Drug Abuse] Substance Use Control 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] as provided by paragraph (21) of subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), the committee, in conjunction with the council, may revise its plan in accordance with the [council's] proposed recommendations.
The revised plan shall be completed in such time that it can be included in the council's recommendations to the [Governor and the Legislature that are due on December 1 of each year] Office of Coordinated Substance Use Control Policy and Planning, which are submitted in accordance with subsection d. of section 4 of P.L.1989, c.51 (C.26:2BB-4).
(cf: P.L.1989, c.51, s.8)
53. Section 9 of P.L.1989, c.51 (C.26:2BB-9) is amended to read as follows:
9. The governing body of each municipality may appoint a Municipal Alliance Committee, or join with one or more municipalities to appoint a Municipal Alliance Committee. Membership on the Municipal Alliance Committee may include the chief of police; the president of the school board; the superintendent of schools; a student assistance coordinator; a representative of the parent-teacher association; a representative of the local bargaining unit for teachers; a representative of the Chamber of Commerce; a municipal court judge; representatives of local civic associations; representatives of local religious groups; and private citizens.
The Municipal Alliance Committee, in consultation with the Local Advisory Committee on [Alcoholism and Drug Abuse] Substance Use Control, shall identify [alcoholism and drug] substance use disorder prevention, education, and community needs. The committee also shall implement the Alliance programs formulated pursuant to section 8 of P.L.1989, c.51 (C.26:2BB-8). The governing body of a municipality may match any funds it receives from the Alliance.
(cf: P.L.1989, c.51, s.9)
54. Section 3 of P.L.2017, c.294 (C.26:2H-5.1g) is amended to read as follows:
3. a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt regulations necessary to develop an integrated licensing system in which facilities licensed or certified under the authority of P.L.1971, c.136 (C.26:2H-1 et seq.); P.L.1957, c.146 (C.30:9A-1 et seq.); [P.L.1975, c.305 (C.26:2B-7 et seq.)] section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill); or sections 5 and 6 of P.L.1989, c.51 (C.26:2BB-5 and C.26:2BB-6) [; P.L.1969, c.152 (C.26:2G-1 et seq.); or Reorganization Plan No. 001-2017] may provide primary care, mental health care, or substance use disorder treatment services, or a combination of such services, under a single license.
b. The regulations shall:
(1) identify services authorized to be provided as primary care, mental health care, or substance use disorder treatment pursuant to an integrated health care facility license;
(2) require a single integrated health care facility license for a facility, which license shall specify the scope of primary care, mental health care, and substance use disorder treatment services that the facility is authorized to provide under the integrated health care facility license;
(3) permit a facility to hold a designation as an ambulatory care facility, community mental health program, substance use disorder treatment facility, or other type of facility recognized under State or federal law under the integrated health care facility license without requiring a separate license;
(4) identify staffing requirements consistent with staff members' scope of professional practice and credentials;
(5) establish standards for information sharing among providers and among core and non-core team members;
(6) establish requirements for collection of data on identified outcome measures;
(7) permit sharing of clinical space, administrative staff, medical records storage, and other facility resources among different categories of services, unless a separation is necessary to protect the health and safety of patients or the public or to comply with federal or State health privacy laws and regulations; and
(8) establish application requirements, compliance inspections, investigations, and enforcement actions, including but not limited to fees and penalties.
c. In developing the regulations, the commissioner shall:
(1) consult with the Division of Medical Assistance and Health Services in the Department of Human Services to develop policies that minimize barriers to participation and reimbursement in the Medicaid and NJ FamilyCare programs faced by licensed facilities for all qualifying services; and
(2) promote policies that:
(a) support an effective and efficient administration of a full range of integrated, comprehensive health care;
(b) support providers' identification of risk factors for mental illness and substance use disorders, which may include physical health diagnoses;
(c) support an increased awareness of prevention and treatment;
(d) reduce the stigma associated with receiving behavioral health treatment;
(e) will lead to improved access to mental health care and substance use disorder treatment services for all persons;
(f) will lead to improved general health and wellness, including physical health, mental health, and substance use disorders, and prevent chronic disease; and
(g) will leverage partnerships with local health authorities, employers, faith-based organizations, and others involved in promoting community health.
(cf: P.L.2017, c.294, s.3)
55. Section 1 of P.L.1982, c.149 (C.26:2H-11.1) is amended to read as follows:
1. In the case of an application for a certificate of need or initial licensure, as applicable, for a [narcotic and drug abuse] substance use disorder treatment [center] facility to be located within 500 feet from any building in this State used for the instruction of children between the ages of five and 18 years, the applicant shall notify the governing body of the municipality within which the applicant proposes to locate the treatment [center] facility of the applicant's intention to apply for the certificate of need or licensure, and of the proposed location of the [center] facility. Documentation of the notice shall be filed with the certificate of need or license application. The Commissioner of Health is hereby authorized to adopt reasonable rules and regulations, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this [act] section. For the purposes of this [act, the definition of "narcotic and drug abuse treatment center" shall be identical to the definition in subsection (a) of section 2 of P.L.1970, c.334 (C.26:2G-22)] section, "substance use disorder treatment facility" means the same as that term is defined by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). This [act] section shall not apply to any [narcotic and drug abuse] substance use disorder treatment [center] facility for which an application was filed prior to the effective date of [this act] P.L.1982, c.149.
(cf: P.L.2012, c.17, s.177)
56. Section 4 of P.L.1996, c.29 (C.26:2H-18.58a) is amended to read as follows:
4. The Commissioner of Health shall transfer to the Division of [Alcoholism, Drug Abuse] Mental Health and Addiction Services in the Department of [Health] Human Services from the Health Care Subsidy Fund, $10 million in Fiscal Year 1997, and $20 million in Fiscal Year 1998 and each fiscal year thereafter, or such sums as are made available pursuant to section 5 of P.L.1996, c.29 (C.52:18A-2a), whichever amount is less, according to a schedule to be determined by the Commissioner of Health, in order to fund community-based [drug abuse] substance use disorder treatment programs in the following order of priority: residential, inpatient, intensive day, and outpatient treatment.
(cf: P.L.1996, c.29, s.4)
57. Section 1 of P.L.1997, c.215 (C.30:4-123.47a) is amended to read as follows:
1. There is hereby established a Parole Advisory Board in, but not of, the State Parole Board. Notwithstanding the allocation of the board within the State Parole Board, the State Parole Board or any employee thereof shall not exercise any control over the Parole Advisory Board. The advisory board shall consist of 23 members. It shall include in its membership the Chairman of the State Parole Board or [his] a designee, who shall serve ex officio; one member representing each of the following organizations and groups, who shall be appointed by the Governor: the Department of Corrections, the Department of Health [and Senior Services], the Department of Law and Public Safety, Office of the Governor, the Administrative Office of the Courts, the Victims of Crime Compensation Board, the New Jersey Chapter of the American Correctional Association, the County Prosecutors Association of New Jersey, the Sheriffs' Association of New Jersey, the New Jersey County Jail Wardens Association, the New Jersey State Association of Chiefs of Police, the American [Parole and] Probation and Parole Association, Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control, the community at large, treatment providers, victims' rights groups and former inmates who have successfully completed parole. Two members of the Senate, who shall not be of the same political party and who shall serve during their terms of office, shall be appointed by the President of the Senate. Two members of the General Assembly, who shall not be of the same political party and who shall serve during their terms of office, shall be appointed by the Speaker of the General Assembly.
Members of the advisory board shall be appointed with the advice and consent of the Senate, and serve a term of three years, except for the initial gubernatorial appointees, six of whom shall serve for two years and six of whom shall serve for four years. Each member shall serve for the term of appointment and until a successor is appointed. A member may be reappointed to the advisory board. A member appointed to fill a vacancy occurring in the membership of the advisory board for any reason other than the expiration of the term shall serve a term of appointment for the unexpired term only. All vacancies shall be filled in the same manner as the original appointments. Any appointed member of the advisory board, except the legislative members, may be removed from the advisory board by the Governor, for cause, after a hearing, and may be suspended by the Governor pending the completion of the hearing. Legislative members may be removed for cause by the leader of their respective houses. Motions and resolutions may be adopted by the advisory board at a board meeting by an affirmative vote of not less than 12 members.
Members of the advisory board shall serve without compensation but shall be entitled to reimbursement for actual expenses of serving on the board, to the extent that funds are available for this purpose.
The advisory board shall organize as soon as possible after the appointment of its members. The members shall select a chair from among their number.
(cf: P.L.2001, c.79, s.3)
58. Section 6 of P.L.1968, c.413 (C.30:4D-6) is amended to read as follows:
6. a. Subject to the requirements of Title XIX of the federal Social Security Act, the limitations imposed by [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) and by the rules and regulations promulgated pursuant thereto, the department shall provide medical assistance to qualified applicants, including authorized services within each of the following classifications:
(1) Inpatient hospital services;
(2) Outpatient hospital services;
(3) Other laboratory and X-ray services;
(4) (a) Skilled nursing or intermediate care facility services;
(b) Early and periodic screening and diagnosis of individuals who are eligible under the program and are under age 21, to ascertain their physical or mental health status and the health care, treatment, and other measures to correct or ameliorate defects and chronic conditions discovered thereby, as may be provided in regulations of the Secretary of the federal Department of Health and Human Services and approved by the commissioner;
(5) Physician's services furnished in the office, the patient's home, a hospital, a skilled nursing, or intermediate care facility or elsewhere.
As used in this subsection, "laboratory and X-ray services" includes HIV drug resistance testing, including, but not limited to, genotype assays that have been cleared or approved by the federal Food and Drug Administration, laboratory developed genotype assays, phenotype assays, and other assays using phenotype prediction with genotype comparison, for persons diagnosed with HIV infection or AIDS.
b. Subject to the limitations imposed by federal law, by [this act] P.L.1968, c.413 (C.30:4D-1 et seq.), and by the rules and regulations promulgated pursuant thereto, the medical assistance program may be expanded to include authorized services within each of the following classifications:
(1) Medical care not included in subsection a.(5) above, or any other type of remedial care recognized under State law, furnished by licensed practitioners within the scope of their practice, as defined by State law;
(2) Home health care services;
(3) Clinic services;
(4) Dental services;
(5) Physical therapy and related services;
(6) Prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in diseases of the eye or by an optometrist, whichever the individual may select;
(7) Optometric services;
(8) Podiatric services;
(9) Chiropractic services;
(10) Psychological services;
(11) Inpatient psychiatric hospital services for individuals under 21 years of age, or under age 22 if they are receiving such services immediately before attaining age 21;
(12) Other diagnostic, screening, preventive, and rehabilitative services, and other remedial care;
(13) Inpatient hospital services, nursing facility services, and intermediate care facility services for individuals 65 years of age or over in an institution for mental diseases;
(14) Intermediate care facility services;
(15) Transportation services;
(16) Services in connection with the inpatient or outpatient treatment or care of substance use disorder, when the treatment is prescribed by a physician and provided in a licensed hospital, or in a [narcotic and] substance use disorder treatment [center approved] facility that is licensed or certified by the Department of Health pursuant to [P.L.1970, c.334 (C.26:2G-21 et seq.)] section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill), and whose staff includes a medical director, and limited to those services eligible for federal financial participation under Title XIX of the federal Social Security Act;
(17) Any other medical care and any other type of remedial care recognized under State law, specified by the Secretary of the federal Department of Health and Human Services, and approved by the commissioner;
(18) Comprehensive maternity care, which may include: the basic number of prenatal and postpartum visits recommended by the American College of Obstetrics and Gynecology; additional prenatal and postpartum visits that are medically necessary; necessary laboratory, nutritional assessment and counseling, health education, personal counseling, managed care, outreach, and follow-up services; treatment of conditions which may complicate pregnancy; doula care; and physician or certified nurse-midwife delivery services. For the purposes of this paragraph, "doula" means a trained professional who provides continuous physical, emotional, and informational support to a mother before, during, and shortly after childbirth, to help her to achieve the healthiest, most satisfying experience possible;
(19) Comprehensive pediatric care, which may include: ambulatory, preventive, and primary care health services. The preventive services shall include, at a minimum, the basic number of preventive visits recommended by the American Academy of Pediatrics;
(20) Services provided by a hospice which is participating in the Medicare program established pursuant to Title XVIII of the Social Security Act, Pub.L.89-97 (42 U.S.C. s.1395 et seq.). Hospice services shall be provided subject to approval of the Secretary of the federal Department of Health and Human Services for federal reimbursement;
(21) Mammograms, subject to approval of the Secretary of the federal Department of Health and Human Services for federal reimbursement, including one baseline mammogram for women who are at least 35 but less than 40 years of age; one mammogram examination every two years or more frequently, if recommended by a physician, for women who are at least 40 but less than 50 years of age; and one mammogram examination every year for women age 50 and over;
(22) Upon referral by a physician, advanced practice nurse, or physician assistant of a person who has been diagnosed with diabetes, gestational diabetes, or pre-diabetes, in accordance with standards adopted by the American Diabetes Association:
(a) Expenses for diabetes self-management education or training to ensure that a person with diabetes, gestational diabetes, or pre-diabetes can optimize metabolic control, prevent and manage complications, and maximize quality of life. Diabetes self-management education shall be provided by an in-State provider who is:
(i) a licensed, registered, or certified health care professional who is certified by the National Certification Board of Diabetes Educators as a Certified Diabetes Educator, or certified by the American Association of Diabetes Educators with a Board Certified-Advanced Diabetes Management credential, including, but not limited to: a physician, an advanced practice or registered nurse, a physician assistant, a pharmacist, a chiropractor, a dietitian registered by a nationally recognized professional association of dietitians, or a nutritionist holding a certified nutritionist specialist (CNS) credential from the Board for Certification of Nutrition Specialists; or
(ii) an entity meeting the National Standards for Diabetes Self-Management Education and Support, as evidenced by a recognition by the American Diabetes Association or accreditation by the American Association of Diabetes Educators;
(b) Expenses for medical nutrition therapy as an effective component of the person's overall treatment plan upon a: diagnosis of diabetes, gestational diabetes, or pre-diabetes; change in the beneficiary's medical condition, treatment, or diagnosis; or determination of a physician, advanced practice nurse, or physician assistant that reeducation or refresher education is necessary. Medical nutrition therapy shall be provided by an in-State provider who is a dietitian registered by a nationally-recognized professional association of dietitians, or a nutritionist holding a certified nutritionist specialist (CNS) credential from the Board for Certification of Nutrition Specialists, who is familiar with the components of diabetes medical nutrition therapy;
(c) For a person diagnosed with pre-diabetes, items and services furnished under an in-State diabetes prevention program that meets the standards of the National Diabetes Prevention Program, as established by the federal Centers for Disease Control and Prevention; and
(d) Expenses for any medically appropriate and necessary supplies and equipment recommended or prescribed by a physician, advanced practice nurse, or physician assistant for the management and treatment of diabetes, gestational diabetes, or pre-diabetes, including, but not limited to: equipment and supplies for self-management of blood glucose; insulin pens; insulin pumps and related supplies; and other insulin delivery devices.
c. Payments for the foregoing services, goods, and supplies furnished pursuant to [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) shall be made to the extent authorized by [this act] P.L.1968, c.413 (C.30:4D-1 et seq.), the rules and regulations promulgated pursuant thereto and, where applicable, subject to the agreement of insurance provided for under [this act] P.L.1968, c.413 (C.30:4D-1 et seq.). The payments shall constitute payment in full to the provider on behalf of the recipient. Every provider making a claim for payment pursuant to [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) shall certify, in writing, on the claim submitted, that no additional amount will be charged to the recipient, the recipient's family, the recipient's representative, or others on the recipient's behalf, for the services, goods, and supplies furnished pursuant to [this act] P.L.1968, c.413 (C.30:4D-1 et seq.).
No provider whose claim for payment pursuant to [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) has been denied because the services, goods, or supplies were determined to be medically unnecessary shall seek reimbursement from the recipient, [his] the recipient's family, [his] the recipient's representative, or others on [his] the recipient's behalf for such services, goods, and supplies provided pursuant to [this act] P.L.1968, c.413 (C.30:4D-1 et seq.); provided, however, that a provider may seek reimbursement from a recipient for services, goods, or supplies not authorized by [this act] P.L.1968, c.413 (C.30:4D-1 et seq.), if the recipient elected to receive the services, goods or supplies with the knowledge that they were not authorized.
d. Any individual eligible for medical assistance (including drugs) may obtain such assistance from any person qualified to perform the service or services required (including an organization which provides such services, or arranges for their availability on a prepayment basis), who undertakes to provide the individual such services.
No copayment or other form of cost-sharing shall be imposed on any individual eligible for medical assistance, except as mandated by federal law as a condition of federal financial participation.
e. Anything in [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) to the contrary notwithstanding, no payments for medical assistance shall be made under [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) with respect to care or services for any individual who:
(1) Is an inmate of a public institution (except as a patient in a medical institution); provided, however, that an individual who is otherwise eligible may continue to receive services for the month in which he becomes an inmate, should the commissioner determine to expand the scope of Medicaid eligibility to include such an individual, subject to the limitations imposed by federal law and regulations, or
(2) Has not attained 65 years of age and who is a patient in an institution for mental diseases, or
(3) Is over 21 years of age and [who] is receiving inpatient psychiatric hospital services in a psychiatric facility; provided, however, that an individual who was receiving such services immediately prior to attaining age 21 may continue to receive such services until the individual reaches age 22. Nothing in this subsection shall prohibit the commissioner from extending medical assistance to all eligible persons receiving inpatient psychiatric services; provided that there is federal financial participation available.
f. (1) A third party as defined in section 3 of P.L.1968, c.413 (C.30:4D-3) shall not consider a person's eligibility for Medicaid in this or another state when determining the person's eligibility for enrollment or the provision of benefits by that third party.
(2) In addition, any provision in a contract of insurance, health benefits plan, or other health care coverage document, will, trust, agreement, court order, or other instrument which reduces or excludes coverage or payment for health care-related goods and services to or for an individual because of that individual's actual or potential eligibility for or receipt of Medicaid benefits shall be null and void, and no payments shall be made under [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) as a result of any such provision.
(3) Notwithstanding any provision of law to the contrary, the provisions of paragraph (2) of this subsection shall not apply to a trust agreement that is established pursuant to 42 U.S.C. s.1396p(d)(4)(A) or (C) to supplement and augment assistance provided by government entities to a person who is disabled as defined in section 1614(a)(3) of the federal Social Security Act (42 U.S.C. s.1382c (a)(3)).
g. The following services shall be provided to eligible medically needy individuals as follows:
(1) Pregnant women shall be provided prenatal care and delivery services and postpartum care, including the services cited in subsection a.(1), (3), and (5) of this section and subsection b.(1)-(10), (12), (15), and (17) of this section, and nursing facility services cited in subsection b.(13) of this section.
(2) Dependent children shall be provided with services cited in subsections a.(3) and (5) of this section and subsection b.(1), (2), (3), (4), (5), (6), (7), (10), (12), (15), and (17) of this section, and nursing facility services cited in subsection b.(13) of this section.
(3) Individuals who are 65 years of age or older shall be provided with services cited in subsection a.(3) and (5) of this section and subsection b.(1)-(5), (6) excluding prescribed drugs, (7), (8), (10), (12), (15), and (17) of this section, and nursing facility services cited in subsection b.(13) of this section.
(4) Individuals who are blind or disabled shall be provided with services cited in subsection a.(3) and (5) of this section and subsection b.(1)-(5), (6) excluding prescribed drugs, (7), (8), (10), (12), (15), and (17) of this section, and nursing facility services cited in subsection b.(13) of this section.
(5) (a) Inpatient hospital services, subsection a.(1) of this section, shall only be provided to eligible medically needy individuals, other than pregnant women, if the federal Department of Health and Human Services discontinues the State's waiver to establish inpatient hospital reimbursement rates for the Medicare and Medicaid programs under the authority of section 601(c)(3) of the Social Security Act Amendments of 1983, Pub.L.98-21 (42 U.S.C. s.1395ww(c)(5)). Inpatient hospital services may be extended to other eligible medically needy individuals if the federal Department of Health and Human Services directs that these services be included.
(b) Outpatient hospital services, subsection a.(2) of this section, shall only be provided to eligible medically needy individuals if the federal Department of Health and Human Services discontinues the State's waiver to establish outpatient hospital reimbursement rates for the Medicare and Medicaid programs under the authority of section 601(c)(3) of the Social Security Amendments of 1983, Pub.L.98-21 (42 U.S.C. s.1395ww(c)(5)). Outpatient hospital services may be extended to all or to certain medically needy individuals if the federal Department of Health and Human Services directs that these services be included. However, the use of outpatient hospital services shall be limited to clinic services and to emergency room services for injuries and significant acute medical conditions.
(c) The division shall monitor the use of inpatient and outpatient hospital services by medically needy persons.
h. In the case of a qualified disabled and working individual pursuant to section 6408 of Pub.L.101-239 (42 U.S.C. s.1396d), the only medical assistance provided under [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) shall be the payment of premiums for Medicare part A under 42 U.S.C. ss.1395i-2 and 1395r.
i. In the case of a specified low-income Medicare beneficiary pursuant to 42 U.S.C. s.1396a(a)10(E)iii, the only medical assistance provided under [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) shall be the payment of premiums for Medicare part B under 42 U.S.C. s.1395r as provided for in 42 U.S.C. s.1396d(p)(3)(A)(ii).
j. In the case of a qualified individual pursuant to 42 U.S.C. s.1396a(aa), the only medical assistance provided under [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) shall be payment for authorized services provided during the period in which the individual requires treatment for breast or cervical cancer, in accordance with criteria established by the commissioner.
k. In the case of a qualified individual pursuant to 42 U.S.C. s.1396a(ii), the only medical assistance provided under [this act] P.L.1968, c.413 (C.30:4D-1 et seq.) shall be payment for family planning services and supplies as described at 42 U.S.C. s.1396d(a)(4)(C), including medical diagnosis and treatment services that are provided pursuant to a family planning service in a family planning setting.
(cf: P.L.2019, c.85, s.1)
59. Section 3 of P.L.1995, c.321 (C.30:9A-20) is amended to read as follows:
3. Nothing in [this act] P.L.1995, c.321 (C.30:9A-18 et seq.) shall be construed to:
a. limit the authority of the Department of Health [and Senior Services] with respect to:
(1) the licensure of a health care facility pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), regardless of whether the facility operates a separate psychiatric unit or service[,]; or [limit the authority of the Department of Human Services with respect to]
(2) the licensure or certification of [an alcohol] a substance use disorder treatment facility, pursuant to [P.L.1975, c.305 (C.26:2B-7 et seq.), or the issuance of a certificate of approval to a narcotic and drug abuse treatment center pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.)] section 20 or 21 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill);
b. require the licensure of any facility [or center] referenced in subsection a. of this section by the Department of Human Services; or
c. require licensure of a mental health agency which does not provide a mental health program that is subject to regulations adopted by the commissioner or the Commissioner of Children and Families, as applicable.
(cf: P.L.2006, c.47, s.173)
60. Section 7 of P.L.1994, c.57 (C.34:1B-21.7) is amended to read as follows:
7. There is created within the authority a special nonlapsing fund, to be known as the "Market Transition Facility Revenue Fund." The Facility Revenue Fund shall consist of:
a. Such moneys as may be transferred to the Facility Revenue Fund by the State Treasurer, upon appropriation by the Legislature, pursuant to section 14 of P.L.1994, c.57 (C.34:1B-21.14);
b. Such moneys as may be appropriated to the Facility Revenue Fund by the Legislature from surcharges levied pursuant to the provisions of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35), except that any such moneys in excess of the amounts required to be used by the authority pursuant to any bond resolutions authorizing the issuance of Market Transition Facility bonds and notes, the authority's agreement with the State Treasurer authorized by section 13 of P.L.1994, c.57 (C.34:1B-21.13) and any bond resolutions authorizing the issuance of Motor Vehicle Commission bonds and notes shall be at least annually remitted:
(1) in each fiscal year commencing prior to July 1, 2006, to the General Fund, provided that the first $7,500,000 of such moneys so transferred in each such fiscal year shall be remitted to the "[Alcohol] Substance Use Disorder Treatment Programs Fund" created in section 2 of P.L.2001, c.48 (C.26:2B-9.2); and
(2) in each fiscal year commencing on or after July 1, 2006, to the Motor Vehicle Surcharges Revenue Fund established pursuant to section 6 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.28), to be applied as set forth therein, until such time as all bonds, notes and other obligations issued or entered into pursuant to section 4 of P.L.2004, c.70 (C.34:1B-21.26) and the costs thereof are discharged and no longer outstanding;
c. Interest or other income derived from the investment of moneys in the Facility Revenue Fund; and
d. Any other moneys as may be deposited from time to time, except that such moneys shall not be appropriated from the General Fund.
Moneys in the Facility Revenue Fund shall be managed and invested by the Division of Investment in the Department of the Treasury.
(cf: P.L.2004, c.70, s.8)
61. Section 6 of P.L.2004, c.70 (C.34:1B-21.28) is amended to read as follows:
6. a. There is created within the authority a special nonlapsing fund, to be known as the "Motor Vehicle Surcharges Revenue Fund." The Motor Vehicle Surcharges Revenue Fund shall consist of:
(1) such moneys as may be appropriated to the Motor Vehicle Surcharges Revenue Fund by the Legislature and paid to the authority by the State Treasurer from Dedicated Motor Vehicle Surcharges Revenues;
(2) interest or other income derived from the investment of moneys in the Motor Vehicle Surcharges Revenue Fund; and
(3) any other moneys as may be deposited from time to time, except that such moneys shall not be appropriated from the General Fund.
b. In each State fiscal year during which the authority has outstanding bonds or refunding bonds which have been issued pursuant to [this act] P.L.2004, c.70 (C.34:1B-21.23 et al.), moneys in the Motor Vehicle Surcharges Revenue Fund may be used by the authority, in accordance with the provisions of any bond resolutions authorizing the issuance of bonds or refunding bonds pursuant to [this act] P.L.2004, c.70 (C.34:1B-21.23 et al.), and any contract between the authority and the State Treasurer authorized and entered into pursuant to section 7 of [this act] P.L.2004, c.70 (C.34:1B-21.29, to pay debt service payable on the authority's then outstanding bonds or refunding bonds issued pursuant to [this act] P.L.2004, c.70 (C.34:1B-21.23 et al.), and any amounts due in connection with any agreements entered into pursuant to subsection c. of section 4 of [this act] P.L.2004, c.70 (C.34:1B-21.26), which are due in such fiscal year, to replenish any reserve or other fund established for such bonds or refunding bonds issued in accordance with subsection a. of section 4 of [this act] P.L.2004, c.70 (C.34:1B-21.26), and to pay any and all other additional amounts as shall be authorized by [this act] P.L.2004, c.70 (C.34:1B-21.23 et al.) and required to be paid by the authority during such fiscal year, provided however, that the payment of all such amounts to the authority by the State Treasurer shall be subject to and dependent upon appropriations being made from time to time by the Legislature of the amounts thereof for the purposes of [this act] P.L.2004, c.70 (C.34:1B-21.23 et al.). Notwithstanding any other provision of any law, rule, regulation, or order to the contrary, the authority shall be paid only such amounts as shall be required by the provisions of any contract between the authority and the State Treasurer authorized and entered into pursuant to section 7 of [this act] P.L.2004, c.70 (C.34:1B-21.29), and the incurrence of any obligation of the State under any such contract, including any payments to be made thereunder, shall be subject to and dependent upon appropriations being made from time to time by the Legislature for the purposes of [this act] P.L.2004, c.70 (C.34:1B-21.23 et al.).
c. In each fiscal year beginning on or after July 1, 2006, all amounts on deposit in the Motor Vehicle Surcharges Revenue Fund in excess of the amount necessary to pay any amounts required to be paid by the authority pursuant to any bond resolutions authorizing the issuance of bonds or refunding bonds pursuant to [this act] P.L.2004, c.70 (C.34:1B-21.23 et al.), or pursuant to any contract between the authority and the State Treasurer authorized or entered into pursuant to section 7 of [this act] P.L.2004, c.70 (C.34:1B-21.29) and payable during such fiscal year shall be transferred to the General Fund, provided that the first $7,500,000 of such moneys so transferred in each fiscal year shall be remitted to the "[Alcohol] Substance Use Disorder Treatment Programs Fund" created in section 2 of P.L.2001, c.48 (C.26:2B-9.2).
(cf: P.L.2004, c.70, s.6)
62. R.S.39:4-50 is amended to read as follows:
39:4-50. (a) 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 the person owns or which is in the person's 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. In addition, the court shall order the person to forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
(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 a narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of a 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;
in the case of a person who is convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug or permitting another person who is under the influence of a narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by the person or under the person's custody or control, the person shall forfeit the 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;
in the case of a person whose blood alcohol concentration is 0.10% or higher but less than 0.15%, the person shall forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
in the case of a person whose blood alcohol concentration is 0.15% or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than four months or more than six months following installation of an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);
(iii) (Deleted by amendment, P.L.2019, c.248)
(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 terms 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, or more than 90 days, and shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than one year or more than two years upon conviction.
After the expiration of the license forfeiture period, the person 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 the right to operate a motor vehicle over the highways of this State for eight 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] phencyclidine, 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 Division of Mental Health and Addiction Services in the Department of [Health] Human Services. 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 Addiction Professionals 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] Human Services in consultation with the Governor's Council on [Alcoholism and Drug Abuse] Substance Use Control 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] Human Services 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) (Deleted by amendment, P.L.2019, c.248)
(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] an alcohol or drug use disorder; 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.2019, c.248, s.2)
63. Section 1 of P.L.1984, c.4 (C.39:4-50.8) is amended to read as follows:
1. Upon a conviction of a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall collect from the defendant a surcharge of [$100.00] $100 in addition to and independently of any fine imposed on that defendant. The court shall forward the surcharge to the Director of the Division of Motor Vehicles, who shall deposit [$95.00] $95 of the surcharge into [a "Drunk] an "Intoxicated Driving Enforcement Fund" (hereinafter referred to as the "fund"). This fund shall be used to establish a Statewide [drunk] intoxicated driving enforcement program to be supervised by the director. The remaining [$5.00] $5 of each surcharge shall be deposited by the director into a separate fund for administrative expenses.
A municipality shall be entitled to periodic grants from the "[Drunk] Intoxicated Driving Enforcement Fund" in amounts representing [its] the municipality's proportionate contribution to the fund.
A municipality shall be deemed to have contributed, to the fund, the portion of the surcharge allocated to the fund, collected pursuant to this section if the violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) occurred within the municipality and the arrest resulting in conviction was made by the member of a municipal police force. [The grants] Grants from the fund shall be used by the municipality to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director.
The Division of State Police, interstate law enforcement agencies and county law enforcement agencies shall be entitled to periodic grants from the fund, in amounts representing their proportionate contribution to the fund. The Division of State Police or county or interstate law enforcement agency shall be in deemed to have contributed to the fund the portion of the surcharge allocated to the fund collected pursuant to this section if the arrest resulting in a conviction was made by a member of the Division of State Police or county or interstate law enforcement agency. [The grants] Grants from the fund shall be used by the Division of State Police or county or interstate law enforcement agency to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director.
The surcharge described herein shall not be considered a fine, penalty, or forfeiture to be distributed pursuant to R.S.39:5-41.
The director shall promulgate rules and regulations in order to effectuate the purposes of this section.
(cf: P.L.1994, c.184, s.3)
64. Section 2 of P.L.1974, c.120 (C.40:9B-4) is amended to read as follows:
2. The governing body of any county or municipality may annually appropriate funds to any [approved,] privately operated, nonprofit [narcotic and] substance use disorder treatment [center certified by the Commissioner of Health] facility licensed pursuant to [P.L.1970, c.334 (C.26:2G-21 et seq.)] section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the purpose of helping to defray expenses incurred in the provision [of] by such facilities of programs and services to prevent and control substance use [disorder] disorders, and to provide for the diagnosis, treatment, rehabilitation, and aftercare [to] of persons with substance use disorders who are residents of [any] the county or municipality making such appropriations.
(cf: P.L.2017, c.131, s.167)
65. Section 5 of P.L.1997, c.14 (C.44:10-48) is amended to read as follows:
5. a. Only those persons who are United States citizens or eligible aliens shall be eligible for benefits under the Work First New Jersey program. Single adults or couples without dependent children who are legal aliens who meet federal requirements and have applied for citizenship, shall not receive benefits for more than six months unless (1) they attain citizenship, or (2) they have passed the English language and civics components for citizenship, and are awaiting final determination of citizenship by the federal Immigration and Naturalization Service.
b. The following persons shall not be eligible for assistance and shall not be considered to be members of an assistance unit:
(1) non-needy caretakers, except that the eligibility of a dependent child shall not be affected by the income or resources of a non-needy caretaker;
(2) Supplemental Security Income recipients, except for the purposes of receiving emergency assistance benefits pursuant to section 8 of P.L.1997, c.14 (C.44:10-51);
(3) illegal aliens;
(4) other aliens who are not eligible aliens;
(5) a person absent from the home who is incarcerated in a federal, State, county or local corrective facility or under the custody of correctional authorities, except as provided by regulation of the commissioner;
(6) a person who: is fleeing to avoid prosecution, custody or confinement after conviction, under the laws of the jurisdiction from which the person has fled, for a crime or an attempt to commit a crime which is a felony or a high misdemeanor under the laws of the jurisdiction from which the person has fled; or is violating a condition of probation or parole imposed under federal or state law;
(7) a person convicted on or after August 22, 1996 under federal or state law of any offense which is classified as a felony or crime, as appropriate, under the laws of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the federal "Controlled Substances Act" (21 U.S.C. s.802 (6)), who would otherwise be eligible for general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.); except that such a person who is convicted of any such offense which has as an element the possession or use only of such a controlled substance may be eligible for Work First New Jersey general public assistance benefits if the person enrolls in or has completed a licensed or certified residential or outpatient [drug] substance use disorder treatment program. An otherwise eligible individual who has a past drug conviction shall be eligible for general public assistance without enrolling in or completing a [drug] substance use disorder treatment program if either: (1) an appropriate treatment program is not available; or (2) the person is excused from enrolling in a treatment program for good cause pursuant to regulation.
Eligibility for benefits for a person entering a licensed [drug] or certified substance use disorder treatment program [which does] that is not [operate] operating in a State correctional facility or county jail shall commence upon the person's enrollment in the [drug] substance use disorder treatment program, and shall continue during the person's active participation in, and upon completion of, the [drug] substance use disorder treatment program, except that, during the person's active participation in a [drug] substance use disorder treatment program, and during the first 60 days [after] following completion of [a drug] the treatment program, the commissioner shall provide for testing of the person to determine if the person is free of any controlled substance. If the person is determined to not be free of any controlled substance during the 60-day period following the completion of treatment, the person's eligibility for benefits pursuant to this paragraph shall be terminated; except that this provision shall not apply to the use of prescription drugs by a person who is actively participating in a [drug] substance use disorder treatment program, [as] when such drugs are prescribed by the [drug] treatment [program] provider. The commissioner shall adopt regulations to carry out the provisions of this paragraph, which shall include the criteria for determining active participation in, and completion of, a [drug] substance use disorder treatment program.
Eligibility for benefits for a person who completes a [licensed] residential [drug] substance use disorder treatment program [which] that operates in a State correctional facility or county jail, in accordance with section [1 of P.L.2014, c.1 (C.26:2B-40)] 21 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall commence upon the person's release from incarceration.
Cash benefits, less a personal needs allowance, for a person receiving general public assistance benefits under the Work First New Jersey program who is enrolled in and actively participating in a licensed [drug] or certified substance use disorder treatment program shall be issued directly to the [drug] substance use disorder treatment provider to offset the cost of treatment. Upon completion of the [drug] substance use disorder treatment program, the cash benefits shall be then issued to the person. In the case of a delay in issuing cash benefits to a person receiving Work First New Jersey general public assistance benefits who has completed the [drug] substance use disorder treatment program, the [drug] treatment provider shall transmit to the person, those funds received on behalf of that person after [completion of] the person completes the [drug] substance use disorder treatment program;
(8) a person found to have fraudulently misrepresented [his] the person's residence in order to obtain means-tested, public benefits in two or more states or jurisdictions, who shall be ineligible for benefits for a period of 10 years from the date of conviction in a federal or state court; or
(9) a person who intentionally makes a false or misleading statement or misrepresents, conceals, or withholds facts for the purpose of receiving benefits, who shall be ineligible for benefits for a period of six months for the first violation, 12 months for the second violation, and permanently for the third violation.
c. A person who makes a false statement with the intent to qualify for benefits and by reason thereof receives benefits for which the person is not eligible is guilty of a crime of the fourth degree.
d. Pursuant to the authorization provided to the states under 21 U.S.C. s.862a(d)(1), this State elects to exempt from the application of 21 U.S.C. s.862a(a):
(1) needy persons and their dependent children domiciled in New Jersey for the purposes of receiving benefits under the Work First New Jersey program and food assistance under the federal "Food and Nutrition Act of 2008," Pub.L.110-234 (7 U.S.C. s.2011 et seq.); and
(2) single persons and married couples without dependent children domiciled in New Jersey for the purposes of receiving food assistance under Pub.L.110-234.
(cf: P.L.2016, c.69, s.1)
66. 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] Substance Use Control to be allocated exclusively to the Local Substance Use Control Alliance [to Prevent Alcoholism and Drug Abuse] 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)
67. The following sections of law are hereby repealed:
P.L.1969, c.152 (C.26:2G-1 et seq.);
P.L.1970, c.334 (C.26:2G-21 et seq.);
Sections 1 and 2 of P.L.2015, c.293 (C.26:2G-25.1 and C.26:2G-25.2);
P.L.1971, c.128 (C.26:2G-31 et seq.);
P.L.1975, c.305 (C.26:2B-7 et seq.);
Section 2 of P.L.1984, c.243 (C.26:2B-9.1);
P.L.2014, c.1 (C.26:2B-40);
Sections 5, 6, 17, and 18 of P.L.1989, c.51 (C.26:2BB-5, C.26:2BB-6, C.26:2BB-13, and C.26:2BB-14); and
P.L.2015, c.9 (C.26:2G-38).
68. This act shall take effect immediately.
STATEMENT
This bill consolidates and updates the State's substance use disorder treatment laws and establish the Office of Coordinated Substance Use Control Policy and Planning in, but not of, the Department of Human Services. The office will be independent of any supervision or control by the department. The Governor will be required to appoint, with the advice and consent of the Senate, an Executive Director to manage the operations of the office, and a Deputy Director, who will serve in the director's absence.
The purpose of the Office of Coordinated Substance Use Control Policy and Planning will be to provide a centralized office for the coordination and oversight of all substance use control activities taking place in the State across all program partner agencies, which are agencies involved in substance use control, including the Departments of Human Services, Health, Community Affairs, Law and Public Safety, Corrections, Education, and Environment, as well as across all local governments and State or local law enforcement agencies.
The director will be responsible for publishing on the office's Internet website, and submitting to the appropriate legislative health and budget committees, not later than April 1 of any year in which there is a gubernatorial inauguration, a Statement of Executive Branch Substance Use Control Policy Priorities for the Coordinated Statewide Substance Use Control Program overseen by the office, which statement is to reflect the Governor's goals and priorities in relation to the issue of substance use control in the State, and is to present the guiding principles that are to be used in effectuating the Coordinated Statewide Substance Use Control Program. The director will also be responsible for publishing, on the office's Internet website, and submitting to the appropriate legislative health and budget committees by February 1 of any year following the year in which there is a gubernatorial inauguration, a comprehensive substance use control strategy that is designed to implement the policy priorities of the executive branch as identified in the Statement of Executive Priorities.
The comprehensive substance use control strategy is to be revised and updated whenever a new Governor is inaugurated; on at least a biennial basis following the initial publication of the strategy; and at any other time the Governor, in consultation with the director, determines that the current strategy is insufficient or ineffective.
The director, through the office, will also have the duty to:
1) consult with, advise, and assist program partner agencies, local governments, State and local law enforcement agencies, and other appropriate persons and entities in implementing and achieving the goals, objectives, and targets of the comprehensive strategy;
2) coordinate and oversee program partner compliance with, and adherence to, the comprehensive strategy, and make recommendations to program partners with respect to the implementation of appropriate substance use control programs and services, including the use of funds appropriated for these purposes;
3) provide annual budget recommendations to the heads of each program partner agency that include requests for specific funding initiatives that are consistent with the priorities identified in the comprehensive strategy;
4) monitor and evaluate the effectiveness of substance use control efforts by program partner agencies through the use of specific performance measures and targets, conducting audits and evaluations, and monitoring spending;
5) facilitate the use of collaborative efforts to identify duplication, overlap, or gaps in funding to ensure the most efficient and effective allocation of funding for substance use control purposes;
6) facilitate the broad-scale sharing of information on substance use control efforts and activities, and the standardization of data compilation and reporting requirements among program partner agencies, law enforcement agencies, and local government units, in order to support the Coordinated Statewide Substance Use Control Program and achieve the goals, objectives, and targets identified in the comprehensive strategy;
7) consult with and assist local governments and State and local law enforcement agencies with respect to their interactions with program partner agencies;
8) develop standards, policies, and procedures to support program partner agencies and other entities that enter into contracts with treatment facilities to ensure compliance the contracts and to further ensure that contracts are being properly closed out and claims promptly and properly processed;
9) provide recommendations to the Governor and Legislature regarding changes in the organization, management, and budgets of program partner agencies, and changes in the allocation of personnel to and within those program partner agencies, as necessary to implement the comprehensive strategy and effectuate the policies, goals, objectives, and priorities of the Coordinated Statewide Substance Use Control Program;
10) in consultation and cooperation with the Office of the Attorney General, the Department of Law and Public Safety, and other appropriate program partner agencies, biennially review existing State and local laws and regulations governing intoxicated driving, the manufacture, sale, and consumption of alcoholic beverages, and the administration, prescription, use, and diversion and misuse of prescription drugs, in order to determine whether those laws are consistent with the purposes of the bill, the priorities of the Coordinated Statewide Substance Use Control Program, and the goals, objectives, and targets of the comprehensive strategy;
11) notify any program partner agency if its policies are not in compliance with the agency's stated responsibilities under the comprehensive strategy;
12) serve as a spokesperson for the executive branch on all matters related to substance use control, and appear and testify before appropriate legislative committees on all issues related to the Coordinated Statewide Substance Use Control Program, the implementation of the comprehensive strategy, and the substance use control policies of the executive branch;
13) ensure that current research and information on matters related to substance use control is effectively disseminated to stakeholders and to the public;
14) coordinate with individuals and entities in the private sector to promote private research into substance use control methodologies, including, but not limited to, research regarding the development of new approaches to substance use disorder treatment, and the development of new addiction treatment medications;
15) designate, terminate the designation of, and respond to emerging drug threats as provided under the bill;
16) work with the State Attorney General to identify and obtain statistical information concerning substance use in the counties and regions of the State particularly affected by substance use disorders and illicit drug use;
17) within the limits of appropriated funds, administer appropriate grant programs to support community-based substance use control activities, research projects, and public information outreach efforts; and
18) issue annual reports to the Governor and the Legislature.
The bill transfers some authority from the existing Governor's Council on Alcohol and Drug Abuse, which is renamed under the bill as the Governor's Council on Substance Use Control, and the Alliance to Prevent Alcoholism and Drug Abuse, which is renamed as the Local Substance Use Control Alliance. In particular, the bill provides that the office will work in consultation with the Division of Mental Health and Addiction Services in the Department of Human Services, and with the Governor's Council, to establish recommendations for grant awards made by the Local Substance Use Control Alliance. The bill also provides for County Annual Alliance Plans to be submitted to and reviewed by the office; currently the plans are reviewed by the Governor's Council. The Governor's Council's powers are further revised under the bill to ensure that the council will provide a supportive and advisory role to the office, rather than acting independently in matters of substance use control.
The bill authorizes the director to:
1) select, appoint, employ, and fix the compensation of officers and employees of the office as may be necessary to carry out the duties of the director and functions of the office;
2) establish and consult with advisory councils, working groups, or research committees, and hire or appoint appropriate policy or service coordinators, as the director deems necessary to effectuate the priorities of the Coordinated Statewide Substance Use Control Program and achieve the goals, objectives, and targets identified in the comprehensive strategy;
3) request the head of any program partner agency to place department or agency staff who are engaged in substance use control activities on temporary detail to another program partner agency as necessary to ensure the most efficient and effective implementation of the comprehensive strategy;
4) transfer funds within and among program partner agencies for the purposes of furthering the comprehensive strategy; and
5) control the use of funds by program partner agencies as necessary to ensure compliance with the comprehensive strategy.
The comprehensive strategy is to set forth a comprehensive cross-agency plan to reduce illicit substance use, the occurrence of substance use disorders, and the ancillary problems associated with substance use disorders throughout the State, and is to facilitate interagency and interjurisdictional collaboration, and the best use of each agency's resources and subject-matter expertise, on all matters related to substance use control. To this end, the bill specifies that the Governor may transfer oversight authority and responsibility for any program, system, service, or initiative to the entity that is in the best position to effectively implement the program, system, service, or initiative, regardless of any statutory or regulatory designation of authority to the contrary. The Governor may effectuate these transfers through the use of executive reorganization plans or any other administrative action as is appropriate.
The comprehensive strategy is to include, among other things, a mission statement detailing the major functions of the office in effectuating the priorities of the Coordinated Statewide Substance Use Control Program and in implementing the comprehensive strategy; comprehensive short- and long-term quantifiable goals for reducing the incidence and deleterious effects of substance use disorders in New Jersey; and a description of how each goal will be achieved. The strategy is also to include a comprehensive performance evaluation plan to be used by the office in evaluating the progress made by program partner agencies with respect to achieving the goals established under the strategy. The strategy will include a five-year fiscal projection and budget priorities for the Coordinated Statewide Substance Use Control Program; a systemic data collection plan; a strategic overdose response plan developed in consultation with the Opioid Epidemic Activities Coordination Committee being established under the bill; and a strategic plan to expand treatment and recovery options for individuals with substance use disorders in the State.
When formulating the comprehensive strategy, the director will be required to consult with, seek input from, and, to the extent possible, obtain support for the strategy and a commitment to undertake actions in accordance with the strategy, from the heads of program partner agencies, local government units, and other relevant individuals and entities.
Under the bill, the head of each program partner agency will be required to: 1) cooperate with the director and the office in all matters related to the program partner's implementation of the Coordinated Statewide Substance Use Control Program and the comprehensive strategy; 2) provide the director with statistics, studies, reports, and other data or information that has been prepared or collected by the program partner under the comprehensive strategy; 3) annually prepare and submit to the director a written progress evaluation using agency-specific performance measures developed by the director; 4) annually prepare and submit to the director a detailed written accounting of all funds expended by the agency for substance use control activities; 5) annually submit to the director a copy of the agency's substance use control budget request for the upcoming fiscal year, which the director will review and certify as to appropriateness and sufficiency in light of the policies of the program and the goals of the comprehensive strategy; and 6) periodically submit to the director written recommendations, suggestions, or comments concerning changes to the comprehensive strategy or State laws and regulations related to substance use control or intoxicated driving. Changes in a program partner agency's substance use control policies will be subject to approval by the director.
The bill requires the director to establish, within the Office of Coordinated Substance Use Control Policy and Planning, an Emerging Drug Threats Committee and an Opioid Epidemic Activities Coordination Committee. The Emerging Drug Threats Committee will assist the director in designating and terminating the designation of emerging drug threats in the State, and in developing Emerging Drug Threat Response Plans to address and mitigate identified threats. The Opioid Epidemic Activities Coordination Committee will promote and facilitate collaboration and cooperation among program partner agencies, local governments, and State and local law enforcement agencies in developing and implementing comprehensive and innovative policies, programs, services, and supports to help control and mitigate the State's opioid epidemic.
The bill requires the director and office to: 1) operate a 24-hour centralized Substance Use Control Services Information Hotline to assist members of the public in navigating the State's substance use disorder treatment and recovery systems; 2) engage in an ongoing public awareness campaign to deter illicit substance use, increase public awareness of the issues associated with illicit substance use and substance use disorders, and the available treatment and recovery facilities, programs, services, and supports that exist throughout the State; 3) engage in special, targeted media campaigns in response to the designation of any emerging drug threats in the State; 4) work with appropriate law enforcement partners to develop substance use disorder educational programs for law enforcement, prosecuting attorneys, court personnel, judges of the Superior Court, probation and parole officers, corrections personnel, and State welfare and vocational rehabilitation personnel; and 5) establish and maintain, on the office's Internet website, a substance use control data dashboard, which will provide searchable data on substance use, substance use disorders, treatment resources, including open residential bed space, and emerging drug threats.
The bill, in addition to establishing a centralized Office of Coordinated Substance Use Control Policy and Planning and articulating the duties and responsibilities of the director and the office, will consolidate and clarify the existing laws pertaining to substance use disorder treatment to make those laws comport with the comprehensive substance use control system being established under the bill. To that end, the bill repeals the bulk of existing statutory provisions in Chapters 2B and 2G of Title 26 of the Revised Statutes, which pertain, respectively, to treatment for alcoholism and drug abuse, and will combine, reconstitute, and consolidate those provisions as new sections of law.
In reorganizing the existing statutes, consistent with the provisions of Reorganization Plan 001-2018 (Murphy), the bill requires the Department of Health to oversee the licensure or certification and inspection of all substance use disorder treatment facilities; and provides that the Division of Mental Health and Addiction Services in the Department of Human Services will perform all other regulatory tasks related treatment programs and services operated by licensed or certified facilities. Notwithstanding these designations, the Governor will retain the authority to transfer oversight or authority over any aspect of the Coordinated Statewide Substance Use Control Program in the state to any entity the Governor deems most appropriate to carry out those functions, which transfers may be accomplished through an executive reorganization plan or other administrative action.
