Extends certain provisions relating to involuntary commitment.

S4407

SENATE, No. 4407

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 4, 2026

Sponsored by:

Senator� JOSEPH F. VITALE

District 19 (Middlesex)

Senator� JOHN F. MCKEON

District 27 (Essex and Passaic)

SYNOPSIS

���� Extends certain provisions relating to involuntary
commitment.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning involuntary commitment, amending P.L.2025,
c.108 and P.L.2023, c,139.

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

���� 1.��� Section 1 of P.L.2023,
c.139 (C.30:4-27.9a) is amended to read as follows:

���� 1.��� a. Notwithstanding the
provisions of section 9 of P.L.1987, c.116 (C.30:4-27.9) or any other law,
rule, or regulation to the contrary, commencing on the effective date of
P.L.2023, c.139 (C.30:4-27.9a et al.) and ending on the last day of the
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calendar month following that effective date, a short-term care or psychiatric
facility, or a special psychiatric hospital, may detain a person admitted to
the facility involuntarily by referral from a screening service without a
temporary court order for no more than 72 hours from the time the screening
certificate was executed.

���� Except in the event a general
hospital was granted a temporary court order permitting the continued hold of
the person pursuant to subsection b. of this section, which delayed a person's
admission to the short-term care or psychiatric facility or special psychiatric
hospital, a short-term care or psychiatric facility or special psychiatric
hospital shall not detain a person admitted to the facility involuntarily by
referral from a screening service without a temporary court order for more than
72 hours from the time the screening certificate was executed.

���� Within 24 hours of admission,
the admitting facility shall initiate court proceedings for the involuntary
commitment of the person pursuant to section 10 of P.L.1987, c.116
(C.30:4-27.10) and request a temporary court order permitting the continued
hold of the person pending the return date of the involuntary commitment
hearing, which shall take place no later than 20 days from initial commitment.

���� b.��� (1) Notwithstanding the
provisions of section 9 of P.L.1987, c.116 (C.30:4-27.9) or any other law,
rule, or regulation to the contrary, commencing on the effective date of
P.L.2023, c.139 (C.30:4-27.9a et al.) and ending on the last day of the
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calendar month following that effective date, a general hospital, including any
satellite emergency department of a general hospital, may not detain a person
for more than 72 hours from the time a screening certificate is executed,
unless the hospital or emergency department obtains a temporary court order
permitting the continued hold of the person for up to 72 additional hours, as
determined by the court, or the person, through the person's counsel, provides
consent for the continued hold.� If it becomes evident that a hospital or
emergency department will not be able to discharge or admit the person to
another facility within 72 hours, the hospital, emergency department, or, as
applicable, the Designated Screening Service provider, shall submit an emergent
application for such order.� The hospital or emergency department shall
continue to hold the person during the pendency of the application and any
investigation conducted by the person's counsel, provided that appropriate
treatment that meets the standard of care is being rendered to the person.� The
Office of the Public Defender and other designated counsel, as applicable,
shall be notified of the emergent application and provided with a copy of the
application and all supporting documents.� The court shall appoint the Office
of the Public Defender as counsel to represent the patient, if there is no
other designated counsel.� The application may be decided by the court on
documentary presentations relevant to the standards established under paragraph
(2) of this subsection.� At the request of counsel, the court shall conduct a
hearing on the record, at which hearing the court shall consider the arguments
of counsel and all relevant evidence submitted.� The court shall determine the
format of the hearing based on the apparent complexity of the matter and the
extent of doubt as to the merits of the application, and may, at its
discretion, rely on certifications from witnesses or require live testimony.�
The court shall not grant a temporary order granting the continued hold of a
person, unless the person's counsel has been designated and notified, completed
any necessary interviews with the patient and investigations, and provided
notice to the court on the counsel's position on the extended hold.

���� (2)�� The court may grant a
temporary order granting the continued hold of a person upon an application
submitted pursuant to paragraph (1) of this subsection if the hospital,
emergency department, or, as applicable, the Designated Screening Service
provider:

���� (a)�� exhausted all reasonable
efforts to place the individual in a short-term care or psychiatric facility,
or special psychiatric hospital, depending on which facility is appropriate for
the person's condition and is the least restrictive environment, and has
completed a form as a part of the application, which form shall include the
dates of the outreach to each short-term care facility or centralized
admission, in the case of a forensic patient, and the response from each
short-term care facility or centralized admission and if applicable, the
specific reason for rejection.� In the case of a forensic patient, a hospital,
emergency department, or, as applicable, the Designated Screening Service
provider shall not be required to conduct outreach to facilities that do not
serve forensic patients; and

���� (b)�� demonstrates that there
is a substantial likelihood that, by reason of mental illness, the person will
be dangerous to the person's own self or others based upon the certification of
two psychiatrists who have examined the patient and deemed the patient is in
need of involuntary commitment, such examinations may be conducted using
telemedicine or telehealth consistent with the standard of care required for
the assessment and treatment of the person's condition.

���� The court shall include such
conditions in the temporary order as the court deems appropriate to promote
diligent efforts to locate an available facility to accommodate the patient's
needs and protect the rights of the person detained pending commitment.� In the
event that the hospital, emergency department, or, as applicable, the
Designated Screening Service provider, is unable to place the person into an
appropriate facility within the 72 hours of continued hold permitted by the
temporary court order, the hospital or emergency department may continue to
hold the person, provided that the person's counsel provides consent for the
hold and appropriate treatment that meets the standard of care is being
rendered to the person.� The Office of the Public Defender shall be notified
and provided with a copy of any temporary court order granted pursuant to this
paragraph.� The patient shall receive a court hearing with respect to the issue
of continued need for involuntary commitment within 20 days from the date of
initial commitment or within 20 days from the date an application was filed
pursuant to paragraph (1) of this subsection, whichever date occurs first,
unless the patient has been administratively discharged pursuant to section 17
of P.L.1987, c.116 (C.30:4-27.17).

���� (3)�� Notwithstanding the
provisions of any other law, rule, or regulation to the contrary, commencing on
the effective date of P.L.2023, c.139 (C.30:4-27.9a et al.) and ending on the
last day of the
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calendar month following that effective date, each general hospital and
emergency department shall prepare and submit to the Department of Human
Services a quarterly report, which report shall include, but not be limited to,
information on:

���� (a)�� the number of
applications submitted to the court for a temporary court order permitting the
continued hold of a person beyond 72 hours pursuant to paragraph (1) of this
subsection;

���� (b)�� the number of temporary
court orders granted pursuant to paragraph (2) of this subsection permitting
the continued hold of a person beyond 72 hours;

���� (c)�� whether a person
detained for longer than 72 hours: has a criminal history; has a co-occurring
substance use disorder; has a co-occurring intellectual or developmental
disability; has health insurance and, if so, the type of health insurance
coverage; has a complex medical condition; or is unable to be released because
the 72-hour timeframe falls on a weekend and either admission to treatment
facilities are not provided on weekends or discharges from the facility do not
occur on weekends;

���� (d)�� the length of time each
individual was held beyond 72 hours before finding appropriate placement in a
treatment facility;

���� (e)�� the number of
individuals placed in an appropriate treatment facility within 72 hours; and

���� (f)�� any other information
the department deems necessary.

���� Any information included in a
report concerning specific individuals shall be de-identified.� Each report
shall be made available to the public within 60 days of the date the Department
of Human Services receives the report.

���� c.���� (1) Notwithstanding the
provisions of any other law, rule, or regulation to the contrary, the
Commissioner of Health may, to the extent the commissioner finds necessary,
commencing 120 days following the effective date of P.L.2023, c.139
(C.30:4-27.9a et al.) and ending on the last day of the
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calendar
month following that effective date, allow a general acute care hospital that
is licensed for acute care hospital psychiatric beds to apply to the Department
of Health for temporary licenses for beds for the involuntary commitment of
patients.� The department may issue temporary licenses pursuant to this
paragraph if the hospital demonstrates in its application a need for such beds
based on retrospective data demonstrating the need for involuntary commitment
beds, a showing that the hospital continually exhausts all reasonable efforts
to place individuals in short-term care, psychiatric facilities, or special
psychiatric hospitals, and any other factors as determined by the Commissioner
of Health.� Any temporary license granted pursuant to this paragraph, unless
otherwise confirmed at the next certificate of need review, as required
pursuant to N.J.A.C.8:33-4.4 or its successor regulation, shall expire within
90 days of the Commissioner of Health's decision rendered pursuant to that full
review process.

���� (2)�� The Department of Health
shall make available on its Internet website and continuously update
information concerning the total number of temporary licenses granted pursuant
to paragraph (1) of this subsection, as well as the number of temporary
licenses granted to each hospital that submitted an application pursuant to
paragraph (1) of this subsection.

���� (3)�� The department shall
submit information concerning the total number of temporary licenses granted
pursuant to paragraph (1) of this subsection, as well as the number of
temporary licenses granted to each hospital that submitted an application
pursuant to paragraph (1) of this subsection, to the Commissioner of Human
Services, which information shall:� (a) be submitted in a manner that allows
the Commissioner of Human Services sufficient time to include the information
in the report required pursuant to subsection b. and c. of section 2 of
P.L.2023, c.139 (C.30:4-27.3a); and (b) reflect the number of temporary
licenses granted as of the date the information is submitted.

(cf: P.L.2025, c.108, s.2)

���� 2.��� Section 3 of P.L.2025,
c.108 (C.30:4-27.9b) is amended to read as follows:

���� 3.��� The Department of Human
Services shall establish an educational committee of stakeholders, which
educational committee, commencing on the effective date of P.L.2025, c.108
(C.30:4-27.9b et al.) and ending on the last day of the
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calendar month following the effective date of P.L.2023, c.139 (C.30:4-27.9a et
al.), shall provide education to short-term care facilities and individual
county assignment judges about the legal obligations of short-term care
facilities to accept patients.� Thereafter, the Department of Human Services
shall provide the education to short-term care facilities and individual county
assignment judges, as necessary.

(cf: P.L.2025, c.108, s.3)

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill extends certain
provisions located in N.J.S.A.30:4-27.9a related to involuntary commitment by eight
months. �The bill also extends certain provisions located in N.J.S.A.30:4-27.9b
related to educating short-term care facilities and individual county
assignment judges on the legal obligations of short-term care facilities to
accept patients by eight months. ��