S4401

An Act establishing the Alternative Responses to Reduce Instances of Violence and Escalation (ARRIVE) Together Program and supplementing Title 52 of the Revised Statutes and Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Alternative Responses to Reduce Instances of Violence and Escalation Together Program, known as the ARRIVE Together Program, is established in the Department of Law and Public Safety. The purpose of the program shall be to provide a coordinated response to individuals who are experiencing a mental health or substance use crisis and engaging with law enforcement.

b. The Attorney General shall develop guidelines for a mental health services provider or a mental health services agency to contract with a law enforcement agency to respond to a request for assistance involving a person alleged, reported, or suspected to be experiencing a mental health crisis or substance use crisis. The guidelines shall provide that mental health services are available on an as-needed basis for up to 24 hours per day and up to seven days per week.

c. A law enforcement agency eligible to participate in the ARRIVE Together Program shall include the Division of State Police, a department or force established pursuant to N.J.S.40A:14-106 or N.J.S.40A:14-118, or any other law enforcement agency the Attorney General deems appropriate.

d. (1) A law enforcement agency that chooses to participate in the ARRIVE Together Program shall designate at least one individual as the crisis response support coordinator to develop and implement the agency’s procedures to comply with guidance issued by the Attorney General.

(2) Each county prosecutor shall designate a county crisis response support coordinator to develop and implement procedures for the county to comply with guidance issued by the Attorney General. The county crisis support coordinator also shall coordinate with the Attorney General, or a designee, to provide documentation or information as required by the Attorney General.

2. a. As used in this section, “personal identifying information” means information pertaining to the assessment, diagnosis, treatment or health status of an individual, including but not limited to an individual’s name or identity; whether the individual is the subject of an emergency call or other report; whether the individual is alleged or suspected to be experiencing a mental health crisis or substance use crisis or other emergency, incident, or distress; and whether the individual is receiving an assessment for crisis intervention, a mental health screening, or other support services through the ARRIVE Together Program.

b. Personal identifying information obtained as the result of an ARRIVE Together Program response is confidential and shall not be disclosed, except upon express consent of the individual, as determined necessary by the Attorney General to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), or as otherwise required by court order or law.

c. Notwithstanding any law or Attorney General Directive to the contrary, information and records created by a law enforcement agency solely as the result of the ARRIVE Together Program or maintained by the Department of Law and Public Safety for the ARRIVE Together Program shall be considered confidential and shall not be disclosed to the public or considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).

3. A licensed mental health services provider or mental health services agency contracted to provide crisis response services to the Division of State Police or a police department or force pursuant to P.L.2022, c.36, P.L. , c. (C. )(pending before the Legislature as this bill), or a substantially similar program, shall not be liable for any civil damages as a result of any acts or omissions undertaken in good faith in rendering care at the scene of a crisis or emergency to any victim thereof, or in transporting any such victim to a hospital or other facility where treatment or care is to be rendered, or for any follow up care provided; except that nothing in this section shall exonerate a licensed mental health provider for gross negligence.

4. The Attorney General, pursuant to the “Administrative Procedure Act,” P.L.1968, C.410 (C.52:14B-1 et seq.), may adopt rules and regulations to effectuate the provisions of this act.

5. This act shall take effect immediately.

STATEMENT

This bill codifies in permanent law the ARRIVE Together Crisis Response Pilot Program established pursuant to P.L.2022, c.36.

The bill establishes the Alternative Responses to Reduce Instances of Violence and Escalation (ARRIVE) Together Program in the Department of Law and Public Safety (DLPS). The bill requires the Attorney General (AG) to issue guidelines for a mental health services provider or mental health services agency to contract with a law enforcement agency to respond to a request for assistance involving a person alleged, reported or suspected to be experiencing a mental health crisis or substance use crisis.

The bill permits an eligible police force to participate in the ARRIVE Together Program, including the Division of State Police, a county police department or force established pursuant to N.J.S.40A:14-106, a municipal police department or force established pursuant to N.J.S.40A:14-118, or any other police department or force the AG deems appropriate.

Under the bill, a law enforcement agency that chooses to participate in the ARRIVE Together Program is required to designate at least one person as the crisis response support coordinator to develop and implement the agency’s procedures to comply with AG’s guidance. The bill also requires the county prosecutors to designate a county crisis response support coordinator to develop and implement county level guidance issued by the AG and to provide documentation or information to the AG as necessary.

The bill also provides certain protections for personal identifying information. In the bill, “personal identifying information” is defined as information pertaining to the assessment, diagnosis, treatment or health status of an individual, including but not limited to an individual’s name or identity; whether the individual is the subject of an emergency call or other report; whether the individual is alleged or suspected to be experiencing a mental health crisis or substance use crisis or other emergency, incident or distress; and whether the individual is receiving an assessment for crisis intervention, a mental health screening, or other support services through the ARRIVE Together Program. Under the bill, personal identifying information is confidential and is not to be disclosed except upon express consent of the individual subject to an ARRIVE Together response, as determined necessary by the AG to implement the provisions of the bill, or as otherwise required by court or by law. Information and records created by a law enforcement agency solely as a result of the ARRIVE Together Program or maintained by the DLPS for the ARRIVE Together Program are also confidential and exempt from the open public records act, P.L.1963, c.73 (C.47:1A-1 et seq.), under the bill.

Finally, the bill supplements the Good Samaritan Act, P.L.1963, c.140 (C.2A:62A-1 et seq.), by providing that a licensed mental health services provider or mental health services agency contracted to provide crisis response services for the ARRIVE Together Program or a substantially similar program would not be liable for any civil damages resulting from any acts or omissions taken in good faith.