New Jersey § 30:4-82

§ 30:4-82.

a. In order to ensure that adult and juvenile inmates who are dangerous to themselves

or others because of mental illness and who are “in need of involuntary commitment”

within the meaning of section 2 of P.L.1987, c. 116 ( C.30:4-27.2 ) or who are “sexually violent predators” within the meaning of section 3 of P.L.1998, c. 71 ( C.30:4-27.26 ) , are not released without appropriate supervision and treatment, the board, the Commissioner

of the Department of Corrections, the Attorney General, the Juvenile Justice Commission

established pursuant to section 2 of P.L.1995, c. 284 ( C.52:17B-170 ) and county prosecutors shall follow the procedures set forth in this section. b. When an adult or juvenile inmate is scheduled for release due to expiration of

the inmate's maximum term, the commissioner or the Juvenile Justice Commission shall

notify the Attorney General and the prosecutor of the county from which the person

was committed if: (1) The adult inmate's term includes a sentence imposed for conviction of aggravated

sexual assault, sexual assault or aggravated criminal sexual contact and the court

imposing sentence found that the offender's conduct was characterized by a pattern

of repetitive, compulsive behavior; (2) The parole board or the superintendent of the facility in which the inmate has

been confined has advised the commissioner or the Juvenile Justice Commission that

the conduct of the inmate during the period of confinement, the inmate's mental condition

or the inmate's past history indicates that the inmate may be “in need of involuntary

commitment” within the meaning of section 2 of P.L.1987, c. 116 ( C.30:4-27.2 ) ; or (3) The inmate's term includes a sentence imposed for conviction of a “sexually violent

offense” as defined in section 3 of P.L.1998, c. 71 ( C.30:4-27.26 ) . c. Notice required by subsection b. shall be given no less than 90 days before the

date on which the inmate's maximum term is scheduled to expire. d. When such notice is given, the board, the Juvenile Justice Commission or the commissioner

shall provide the Attorney General and county prosecutor with all information relevant

to a determination of whether the inmate may be “in need of involuntary commitment” or may be a “sexually violent predator” , including, without regard to classification as confidential pursuant to regulations

of the board, of the Department of Corrections or the Juvenile Justice Commission,

any preparole report, psychological and medical records, any statement of the reasons

for denial of parole and, if applicable, a statement of the reasons for the determination

that the inmate may be “in need of involuntary commitment” or may be a “sexually violent predator” . e. If the Attorney General or county prosecutor determines, on the basis of the information

provided pursuant to this section or N.J.S.2C:47-5 , that the inmate may be “in need of involuntary commitment” or may be a “sexually violent predator” , the Commissioner of Corrections or the Juvenile Justice Commission, upon request

of the Attorney General or county prosecutor shall: (1) Permit persons qualified to execute clinical certificates necessary for civil

commitment to examine the inmate in the institution in which he is confined; or (2) Pursuant to section 2 of P.L.1986, c. 71 ( C.30:4-82.2 ), arrange for persons qualified to execute clinical certificates necessary for civil

commitment to examine the inmate. f. In the interests of the public safety and the well-being of the inmate, the Attorney

General or county prosecutor may exercise discretion to obtain an assessment of the

inmate's condition by one or more of the means set forth in subsection e. of this

section. g. The Attorney General or county prosecutor shall provide a psychiatrist or physician

assessing or examining an inmate pursuant to this section with all information relevant

to the inmate's need of involuntary commitment, including information concerning the

inmate's condition, history, recent behavior and any recent act or threat. Any person who assesses or examines an inmate pursuant to this section shall provide

the Attorney General and county prosecutor with a written report detailing the person's

findings and conclusions. h. (1) All information, documents and records concerning the inmate's mental condition

or classified as confidential pursuant to regulations of the board, of the Department

of Corrections or the Juvenile Justice Commission that are received or provided pursuant

to this section or N.J.S.2C:47-5 shall be deemed confidential. (2) Unless authorized or required by court order or except as required in the course

of judicial proceedings relating to the inmate's commitment or release, disclosure

of such information, documents and records shall be limited to professionals evaluating

the inmate's condition pursuant to this section, the Attorney General, county prosecutor

and members of their respective staffs as necessary to the performance of duties imposed

pursuant to this section. i. Any person acting in good faith who has provided information relevant to an inmate's

need of involuntary commitment or as to whether the inmate is a sexually violent predator or has taken good faith steps to assess an inmate's need of involuntary commitment or whether the inmate is a sexually violent predator is immune from civil and criminal liability.