Bill

Bill > A4522


NJ A4522

Establishes process for individual to petition court for involuntary commitment of another person to treatment for substance use disorder.


summary

Introduced
08/13/2020
In Committee
08/13/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill provides for a "petitioner" who is the spouse, civil union partner, relative, friend, or guardian of an individual to submit to the court a petition for the involuntary commitment of the individual to treatment for a substance use disorder. The petition is to be accompanied by a guarantee obligating the spouse, civil union partner, relative, friend, or guardian of the individual to pay all costs for treatment of the individual that is ordered by the court. If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the individual is in need of involuntary commitment to treatment for a substance use disorder, the court is to: set a date for a hearing within 14 days to determine probable cause; provide certain notifications; and have the respondent examined no later than 24 hours before the hearing date. The examinations are to be conducted by two physicians, at least one of whom is to be a psychiatrist, and those physicians are to certify the findings of the examinations to the court. If, upon completion of the hearing, the court finds the respondent is in need of involuntary commitment to treatment for a substance use disorder, the court is to order treatment for the respondent, pending a final hearing, as discussed below. Failure to undergo treatment may place the respondent in contempt of court. Additionally, following the physician examinations certifying the respondent to be in need of the involuntary commitment, the court may order the respondent hospitalized for a period not to exceed 72 hours, if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self, others, or property as a result of a substance use disorder. The bill provides certain patient rights which include: the right to have examinations provided in the primary means of communication of the person or with the aid of an interpreter; the right to receive verbal explanations of the reason for admission; and the right to be represented by an attorney. Within 20 days of the patient's initial commitment, the patient is to receive a final court hearing, which is to be transcribed. At this hearing, if the court finds by clear and convincing evidence that the patient needs continued involuntary commitment to treatment for a substance use disorder, it is to issue an order authorizing the commitment. If the court finds by clear and convincing evidence that the patient needs continued involuntary commitment to treatment for a substance use disorder and has a co-occurring mental illness, the court is to issue an order authorizing the involuntary commitment of the patient pursuant to the law governing civil commitment for mental illness. If the court finds the patient does not need continued involuntary commitment, the court is to issue an order to that effect, and the patient is to be discharged, with a discharge plan, within 48 hours of the court's verbal order or by the end of the next working day. At least 10 days prior to a hearing, notice is to be provided to the patient, the patient's guardian if any, the patient's next-of-kin, the patient's attorney, the chief executive officer or other individual who has custody of the patient, and any other individual specified by the court. A committed patient is to be provided with periodic court reviews of the need for involuntary commitment. The bill also provides for administrative and conditional discharges from commitment. A discharge plan is to be developed, and the patient is to have the opportunity to participate in its development. A facility licensed to provide substance use disorder treatment on an outpatient basis is also designated to participate in developing the plan, and the designated facility is to provide follow-up care to the patient.

AI Summary

This bill establishes a process for an individual, such as a spouse, civil union partner, relative, friend, or guardian, to petition the court for the involuntary commitment of another person to treatment for a substance use disorder. The key provisions of the bill are: - It defines important terms like "in need of involuntary commitment to treatment for a substance use disorder," "petitioner," and "respondent." - It outlines the requirements for a petitioner to submit a petition to the court, including providing a guarantee to pay for the respondent's treatment. - It establishes a process where the court examines the petition, sets a hearing, orders examinations by physicians, and can order temporary hospitalization if the respondent presents an imminent threat. - It designates certain facilities and transportation providers to be used for involuntary commitment and treatment. - It provides various patient rights, including the right to counsel and to participate in developing a discharge plan. - It details the court hearing process, including rules around notice, testimony, and the court's findings to order continued involuntary commitment or discharge the respondent. - It allows for periodic court review of the need for continued involuntary commitment and provides for administrative discharges. - It requires the development of a discharge plan involving the treatment facility and an outpatient provider to support the patient's transition.

Committee Categories

Health and Social Services

Sponsors (4)

Last Action

Introduced, Referred to Assembly Health Committee (on 08/13/2020)

bill text


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