New Jersey § 30:4-27

§ 30:4-27.

a. The Attorney General may initiate a court proceeding for involuntary commitment

under this act of a person who is currently a patient in a short-term care facility,

State or county psychiatric facility or special psychiatric hospital, by submitting

to the court a clinical certificate for a sexually violent predator completed by a

psychiatrist at the facility at which the person is a patient and the screening certificate

which authorized admission of the person to the facility; but 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. If civil commitment is not initiated pursuant to subsection a. of this section,

the Attorney General may initiate a court proceeding for the involuntary commitment

of a person by the submission to the court of two clinical certificates for a sexually

violent predator, at least one of which is prepared by a psychiatrist. The person shall not be involuntarily committed pursuant to this act before the

court issues a temporary court order. When the Attorney General determines that the public safety requires initiation

of a proceeding pursuant to this subsection, 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 named in the petition is a sexually

violent predator. c. The Attorney General may initiate a court proceeding for involuntary commitment

under this act of an inmate who is scheduled for release upon expiration of a maximum

term of incarceration by submission to the court of two clinical certificates for

a sexually violent predator, 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 of any person in accordance

with the procedures set forth in this section by filing the required submission with

the court in the jurisdiction in which the person whose commitment is sought is located. e. Any individual who is a relative by blood or marriage of the person being examined

who executes a clinical certificate for a sexually violent predator, or any individual

who signs such 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,

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 a sexually

violent predator. g. If the court finds that there is probable cause to believe that the person is a

sexually violent predator in need of involuntary commitment, it shall issue an order

setting a date for a final hearing and authorizing temporary commitment to a secure

facility designated for the custody, care and treatment of sexually violent predators

pending the final hearing. In no event shall the person be released from confinement prior to the final hearing. h. In the case of a person committed to 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

shall transfer the person to a secure facility designated for the custody, care and

treatment of sexually violent predators pending the final hearing upon providing the

person, the person's guardian if any, the person's next-of-kin and the person's attorney

24 hours' advance notice of the pending transfer. Such transfer is to be accomplished in a manner which will give the receiving facility

adequate time to examine the person, become familiar with the person's behavior and

condition, and prepare for the hearing.