ASSEMBLY, No. 5020

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED NOVEMBER 19, 2020

 


 

Sponsored by:

Assemblywoman† SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblywoman† MILA M. JASEY

District 27 (Essex and Morris)

 

Co-Sponsored by:

Assemblyman Benson

 

 

 

 

SYNOPSIS

†††† Permits advanced practice nurse to testify in lieu of psychiatrist at court hearing for involuntary commitment.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning involuntary commitment and amending P.L.1987, c.116.

 

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

 

†††† 1.† Section 13 of P.L.1987, c.116 (C.30:4-27.13) is amended to read as follows:

†††† 13. †a. †At least 10 days prior to a court hearing, the county adjuster of the admitting county or the Attorney General or county prosecutor if presenting the case for the patient's involuntary commitment to treatment, shall cause notice of the court hearing to be served upon the patient, the patient's guardian if any, the patient's next-of-kin, the patient's attorney, the director, chief executive officer, or other individual who has custody of the patient, the county adjuster of the county in which the patient has legal settlement and any other individual specified by the court.† The notice shall contain the date, time and location of the court hearing. †The patient and the patient's attorney shall also receive copies of the clinical certificates and supporting documents, the temporary court order and a statement of the patient's rights at the court hearing.†

†††† b.††† [A] An advanced practice nurse or a psychiatrist on the patient's treatment team who has conducted a personal examination of the patient as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing, shall testify at the hearing to the clinical basis for the need for involuntary commitment to treatment.† Other members of the patient's treatment team and any other witness with relevant information offered by the patient or the persons presenting the case for civil commitment shall also be permitted to testify at the hearing.

†††† c.†††† The patient's next-of-kin may attend and testify at the court hearing if the court so determines.†

†††† d.††† The court shall transcribe the court hearing and arrange for the payment of expenses related thereto in the same manner as for other court proceedings.†

(cf: P.L.2009, c.112, s.14)

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill permits an advanced practice nurse to testify in lieu of a psychiatrist at a court hearing for involuntary commitment.

†††† Under the bill, either an advanced practice nurse or a psychiatrist on an individualís treatment team, who has conducted a personal examination of the individual as close to the court hearing date as possible, is to testify at the court hearing on the need to involuntarily commit the individual to a facility for treatment.†