N.J. Admin. Code § 8:57-5.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:57-5.14 - Hearing process

(a) In accordance with 30:9-57, the health officer, Commissioner, State Epidemiologist, or designee shall inform the patient to be committed of his or her right to a hearing in the Superior Court.

1. The health officer or designee shall serve the patient considered for commitment a copy of the applicable rules, the reasons for the proposed commitment and notice of the time and place of the hearing at least two days prior to the hearing.

(b) If the Superior Court finds the patient described in (a) above committable, the health officer, Commissioner, State Epidemiologist or designee shall commit the patient to a hospital or private residence designated by the Commissioner, State Epidemiologist or designee.

(c) In no event shall the health officer, Commissioner, State Epidemiologist or designee commit any patient for more than 90 days from the date of the original court order for commitment without seeking further court review.

1. The health officer, Commissioner, State Epidemiologist, or designee shall seek further court review within 90 days of each subsequent court order if the patient continues to pose an immediate or imminent risk to the public health.

(d) If the patient's risk to the public subsides during the 90-day commitment period, the health officer, Commissioner, State Epidemiologist or designee may inform the court and seek an order rescinding the commitment order.

(e) If the location where commitment will be served is a private residence, law enforcement may enforce adherence to the commitment order by electronic device.

(f) The health officer, Commissioner, State Epidemiologist, or designee shall report to the Superior Court any violation of a court order for commitment.

N.J. Admin. Code § 8:57-5.14

New Rule, R.2009 d.107, effective 4/6/2009.
See: 40 N.J.R. 1962(a), 41 N.J.R. 1419(a).
Former N.J.A.C. 8:57-5.14, Confidentiality of records, recodified to N.J.A.C. 8:57-5.17.

The adopted version of this section 56 N.J.R. 213(a), effective 1/3/2024 is not yet available