New Jersey § 30:4-27

§ 30:4-27.

a. (1) A short-term care or psychiatric facility or a special psychiatric hospital

shall initiate court proceedings for involuntary commitment to inpatient or outpatient

treatment by submitting to the court a clinical certificate completed by a psychiatrist

on the patient's treatment team or an electronically scanned clinical certificate in lieu of the original certificate, and the screening certificate or an electronically scanned screening certificate in lieu of the original certificate which authorized admission of the patient to the facility; provided, however, that

both certificates shall not be signed by the same psychiatrist unless the psychiatrist

has made a reasonable but unsuccessful attempt to have another psychiatrist conduct

the evaluation and execute the certificate. (2) A screening service or outpatient treatment provider shall initiate court proceedings

for commitment to outpatient treatment by submitting to the court a clinical certificate

completed by a psychiatrist on the patient's treatment team or an electronically scanned clinical certificate in lieu of the original certificate, and the screening certificate or an electronically scanned screening certificate in lieu of the original certificate which authorized assignment of the patient to outpatient treatment with the outpatient

treatment provider; provided, however, that both certificates shall not be signed

by the same psychiatrist unless the psychiatrist has made a reasonable but unsuccessful

attempt to have another psychiatrist conduct the evaluation and execute the certificate. b. Court proceedings for the involuntary commitment to treatment of any person not

referred by a screening service may be initiated by the submission to the court of

two clinical certificates, at least one of which is prepared by a psychiatrist. The person shall not be involuntarily committed before the court issues a temporary

court order. c. A court proceeding for involuntary commitment to treatment of an inmate who is

scheduled for release upon expiration of a maximum term of incarceration shall be

initiated by the Attorney General or county prosecutor by submission to the court

of two clinical certificates, at least one of which is prepared by a psychiatrist. d. The Attorney General, in exercise of the State's authority as parens patriae, may

initiate a court proceeding for the involuntary commitment to treatment of any person

in accordance with the procedures set forth in subsection a. or b. of this section. When the Attorney General determines that the public safety requires initiation

of a proceeding pursuant to subsection b. of this section, the Attorney General may

apply to the court for an order compelling the psychiatric evaluation of the person. The court shall grant the Attorney General's application if the court finds that

there is reasonable cause to believe that the person may be in need of involuntary

commitment to treatment. The Attorney General may delegate the authority granted pursuant to this subsection,

on a case by case basis, to the county prosecutor. e. Any person who is a relative by blood or marriage of the person being screened

who executes a clinical certificate, or any person who signs a clinical certificate

for any purpose or motive other than for purposes of care, treatment and confinement

of a person in need of involuntary commitment to treatment, shall be guilty of a crime

of the fourth degree. f. Upon receiving these documents the court shall immediately review them in order

to determine whether there is probable cause to believe that the person is in need

of involuntary commitment to treatment. g. If the court finds that there is probable cause to believe that the person, other

than a person whose commitment is sought pursuant to subsection c. of this section,

is in need of involuntary commitment to treatment, it shall issue a temporary order

authorizing the assignment of the person to an outpatient treatment provider or the

admission to or retention of the person in the custody of the facility, that is both

appropriate to the person's condition and is the least restrictive environment, pending

a final hearing. h. If the court finds that there is probable cause to believe that a person whose

commitment is sought pursuant to subsection c. of this section is in need of involuntary

commitment to treatment, it shall issue an order setting a date for a final hearing

and authorizing the Commissioner of the Department of Corrections to arrange for temporary

commitment pursuant to section 2 of P.L.1986, c. 71 ( C.30:4-82.2 ) to the Ann Klein Forensic Center in Trenton or other facility designated for the

criminally insane pending the final hearing and prior to the expiration of the person's

term. The order shall specifically provide for transfer of custody to the Ann Klein Forensic

Center in Trenton or other facility designated for the criminally insane if the person's

maximum term will expire prior to the final hearing. i. In the case of a person committed to treatment at a short-term care facility or

special psychiatric hospital, after the facility's treatment team conducts a mental

and physical examination, administers appropriate treatment and prepares a discharge

assessment, the facility may transfer the patient to a psychiatric facility prior

to the final hearing; provided that: (1) the patient, his family and his attorney

are given 24 hours' advance notice of the pending transfer; and (2) the transfer

is accomplished in a manner which will give the receiving facility adequate time to

examine the patient, become familiar with his behavior and condition and prepare for

the hearing. In no event shall the transfer be made less than five days prior to the date of

the hearing unless an unexpected transfer is dictated by a change in the person's

clinical condition. j. A clinical certificate or screening certificate that is electronically scanned

pursuant to subsection a. or b. of this section shall be transmitted in accordance

with the Rules of Court.