Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Provides for notification to law enforcement authorities of discharge of certain persons brought to screening services for evaluation and assessment for mental health services.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning notification to law enforcement authorities of discharge of certain persons brought to screening services and supplementing P.L.1987, c.116.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. If a person who has a pending criminal or disorderly persons charge against him is brought to a screening service by a State or local law enforcement officer pursuant to section 6 of P.L.1987, c.116 (C.30:4-27.6) for assessment or treatment, in accordance with section 5 of P.L.1987, c.116 (C.30:4-27.5), the law enforcement officer, upon bringing the person to the screening service, shall complete and submit to the screening service a form, as prescribed by the division, which shall specify the charge, law enforcement authority, and other information which is clinically and administratively relevant.
b. The division shall prepare the form with the approval of the Attorney General.
c. (1) If it is determined pursuant to section 5 of P.L.1987, c.116 (C.30:4-27.5) that the person is not in need of admission or commitment to treatment at a short-term care facility, psychiatric facility, or special psychiatric hospital, the screening service shall provide notification by telephone and electronic mail of such determination to the State or local law enforcement officer or law enforcement authority, as appropriate, specified on the form completed pursuant to subsection a. of this section, prior to releasing the person, assigning the person to an outpatient treatment provider, or referring the person to a community mental health or social services agency, appropriate professional, or inpatient care in a psychiatric unit of a general hospital in accordance with subsection c. of section 5 of P.L.1987, c. 116 (C.30:4-27.5). The screening service shall advise the outpatient treatment provider, community mental health or social services agency, appropriate professional, or psychiatric unit of a general hospital, as applicable, of the pending charges against the person.
(2) If it is determined pursuant to section 5 of P.L.1987, c.116 (C.30:4-27.5) that the person is in need of admission or commitment to treatment at a short-term care facility, psychiatric facility, or special psychiatric hospital, the screening service shall so advise the State or local law enforcement officer or law enforcement authority, as appropriate, and provide the form completed pursuant to subsection a. of this section to the admitting facility or hospital, as appropriate, along with the screening certificate. The form shall remain part of the person's records.
2. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations necessary to effectuate the purposes of this act.
3. This act shall take effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill provides for notification to law enforcement authorities prior to the discharge of a person who was brought to a screening service by a State or local law enforcement officer for evaluation and assessment for mental health services and who has a pending criminal or disorderly persons charge against him.
Under the provisions of the bill, if a person who has a pending criminal or disorderly persons charge against him is brought to a screening service by a State or local law enforcement officer pursuant to section 6 of P.L.1987, c.116 (C.30:4-27.6) for assessment or treatment, in accordance with section 5 of P.L.1987, c.116 (C.30:4-27.5), the law enforcement officer, upon bringing the person to the screening service, must complete and submit to the screening service a form which specifies the charge, law enforcement authority, and other information which is clinically and administratively relevant. The form would be prepared by the Division of Mental Health Services in the Department of Human Services with the approval of the Attorney General.
If the person is not in need of admission or commitment to treatment at a short-term care facility, psychiatric facility, or special psychiatric hospital, the screening service would notify by telephone and electronic mail the State or local law enforcement officer or law enforcement authority named on the form, prior to releasing the person, assigning the person to an outpatient treatment provider, or referring the person to a community mental health or social services agency, appropriate professional, or inpatient care in a psychiatric unit of a general hospital. The screening service would advise the outpatient treatment provider, community mental health or social services agency, appropriate professional, or psychiatric unit of a general hospital, as applicable, of the pending charges against the person.
If, however, the person is in need of admission or commitment to treatment at a short-term care facility, psychiatric facility, or special psychiatric hospital, the screening service shall so advise the State or local law enforcement officer or law enforcement authority, as appropriate, and provide the completed form to the admitting facility or hospital, as appropriate, along with the screening certificate prepared by the psychiatrist at the screening service. The form would remain part of the person's records.
The bill provides for rule making by the Commissioner of Human Services and has a delayed effective date of the first day of the seventh month following enactment.