Bill > A3089

Introduced Session

This bill would amend the State's existing involuntary commitment laws at P.L.1987, c.116 (C.30:4-27.1 et seq.), in order to clarify the circumstances under which a person may be involuntarily committed to treatment, including substance use disorder treatment. The bill extends the various provisions of the State's involuntary commitment laws to individuals who have recently been admitted to a hospital for a substance use overdose or administered an opioid antidote for the emergency treatment of an apparent opioid overdose. Under the bill, these individuals can be determined to be "dangerous to self" and to be "in need of involuntary commitment" to substance use disorder treatment at a residential substance use disorder treatment facility. The bill would provide for persons committed for a substance use disorder to be provided with treatment at a residential substance use disorder treatment facility or an outpatient substance use disorder treatment provider, rather than at a psychiatric facility, hospital, or other mental health provider. The bill would clarify that the court is to provide for more frequent periodic judicial review hearings in cases where a person is committed for a substance use disorder than in cases where a person is committed for a mental illness. In particular, when a person is committed to substance use disorder treatment, the first periodic review hearing is to be conducted 30 days after the date of the initial commitment hearing (as opposed to three months after the date of initial commitment, in the case of inpatient commitment for mental illness, and six months after the date of initial commitment, in the case of outpatient commitment for mental illness), and subsequent review hearings are to be held every 30 days thereafter (as opposed to nine months, 12 months, and every year thereafter for both inpatient and outpatient commitment for mental illness). The court may schedule additional periodic review hearings for a person who is committed for a substance use disorder, as determined to be necessary, but such hearings are not to be held more often than once every 21 days, except in extraordinary circumstances. The bill would further clarify that a substance use treatment provider or facility will be required to administratively discharge a person committed thereto, if, at any time, the treatment team determines that the person is no longer in need of involuntary commitment to treatment. The bill would require a law enforcement officer to take a person into custody, and transport the person immediately and directly to a screening service for an assessment to evaluate the need for involuntary commitment, and for the commencement of involuntary commitment proceedings, if necessary, in any case where the law enforcement officer has administered naloxone or another opioid antidote to the person, in order to revive the person, and prevent the person's death, following the person's overdose on opioid drugs; or in any case where a health care practitioner, emergency medical responder, or private individual has certified, in a form and manner prescribed by the Division of Mental Health and Addiction Services, that the person has overdosed on opioid drugs, and has been revived with an opioid antidote, within the preceding 48-hour period, thereby necessitating the belief by the health care practitioner, emergency medical responder, or private individual that the person is an imminent danger to himself, and is in need of involuntary commitment to treatment. In a related vein, the bill would also amend the existing commitment law to clarify that a law enforcement officer is to take a person directly to a screening service for a mental health evaluation, and for the commencement of mental health commitment proceedings under the existing law, if necessary, in any case where a health care practitioner, mental health care practitioner, or emergency medical responder has certified, in a form and manner prescribed by the division, that the person is currently undergoing a mental health or behavioral health crisis in which the person has caused, or attempted to cause, actual harm to self or others, thereby necessitating a belief by the practitioner or emergency medical responder that the person is in need of involuntary commitment to treatment for a mental illness. The bill makes various changes to the State's existing involuntary commitment laws to reflect these changes and make various technical changes to P.L.1987, c.116 (C.30:4-27.1 et seq.) concerning grammar, style, and syntax.

AI Summary

Chris Tully (D)*, 

Introduced, Referred to Assembly Health Infrastructure Committee (on 01/13/2026)

Official Document