N.J. Stat. tit. 26, ch. 2B

in effect

N.J. Stat. § 26:2B-6 Commission on Alcoholism and Promotion of Temperance abolished

The Commission on Alcoholism and Promotion of Temperance established by "An act concerning the preparation and administration of a program for the rehabilitation of alcoholics and the promotion of temperance education by the Commissioner of Alcoholic Beverage Control, the Commissioner of Institutions and Agencies, the Commissioner of Education and the Director of Health constituted the Commission on Alcoholism and Promotion of Temperance," approved April fourth, one thousand nine hundred and forty-five (P.L.1945, c. 94), is abolished. L.1948, c. 453, p. 1856, s. 6.

N.J. Stat. § 26:2B-7 Public policy.

1. It is the policy of the State of New Jersey that persons with an alcohol use disorder and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages, but rather should be afforded a continuum of treatment in order that they may lead lives as productive members of society. L.1975, c.305, s.1; amended 2017, c.131, s.69.

N.J. Stat. § 26:2B-8 Definitions.

2. The following words as used in P.L.1975, c.305 (C.26:2B-7 et seq.) shall, unless the context requires otherwise, have the following meanings: "Administrator" means the person in charge of the operation of a facility, or his designee. "Admitted" means accepted for treatment at a facility. "Assistant commissioner" means the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services. "Authorized persons" means persons who serve as volunteer first aid or ambulance squad members, para-professional medical personnel, and rehabilitated persons with alcohol use disorder. "Commissioner" means the Commissioner of Human Services. "Department" means the Department of Human Services. "Division" means the Division of Mental Health and Addiction Services in the Department of Human Services. "Facility" means any public, private place, or portion thereof providing services especially designed for the treatment of intoxicated persons or persons with alcohol use disorder; including, but not limited to intoxication treatment centers, inpatient treatment facilities, outpatient facilities, and residential aftercare facilities. "Incapacitated" means the condition of a person who is: a. as a result of the use of alcohol, unconscious or has judgment so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, b. in need of substantial medical attention, or c. likely to suffer substantial physical harm. "Independent physician" means a physician other than one holding an office or appointment in any department, board or agency of the State or in any public facility. "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcoholic beverages. "Patient" means any person admitted to a facility. "Person with alcohol use disorder" means any person who chronically, habitually, or periodically consumes alcoholic beverages to the extent that: a. such use substantially injures the person's health or substantially interferes with the person's social or economic functioning in the community on a continuing basis, or b. the person has lost the power of self-control with respect to the use of such beverages. "Private facility" means a facility other than one operated by the federal government, the State of New Jersey, or any political subdivision thereof. "Public facility" means a facility operated by the State of New Jersey or any political subdivision thereof. "Treatment" means services and programs for the care or rehabilitation of intoxicated persons and persons with alcohol use disorder, including, but not limited to, medical, psychiatric, psychological, vocational, educational, recreational, and social services and programs. L.1975, c.305, s.2; amended 2017, c.131, s.70; 2023, c.177, s.58.

N.J. Stat. § 26:2B-9 Division of alcoholism.

3. There is hereby established in the Department of Human Services a Division of Mental Health and Addiction Services under the direction of an assistant commissioner. The assistant commissioner shall be an individual with training and experience in such areas as public administration or public health or rehabilitation and training in the social sciences or a qualified professional with training or experience in the treatment of behavioral disorders or medical-social problems, or in the organization or administration of treatment services for persons with behavioral disorders or medical-social problems. There shall be an assistant to the assistant commissioner, who shall have experience in the field of alcohol use disorder. The assistant commissioner and the assistant commissioner's assistant shall be appointed by the commissioner. The commissioner shall appoint and may remove such officers and employees of the division as the commissioner may deem necessary. There shall be an administrator of each facility operated by the department pursuant to this act. Each such administrator shall be a person qualified by training and experience to operate a facility for the treatment of persons with alcohol use disorder or intoxicated persons. The commissioner may establish such other positions in the division and employ such consultants as the commissioner may deem appropriate. Except as otherwise provided by law, all offices and positions in the division shall be subject to the provisions of Title 11A, Civil Service; provided, however, that the provisions of said title shall not apply to the assistant commissioner, physicians, and psychiatrists who have full medical-psychiatric, as opposed to administrative, responsibility; and provided, further, and notwithstanding the preceding proviso or any other provision of law, that all offices and positions, which as a condition of receiving federal grants for programs and activities to which federal standards for a merit system of personnel administration relate and make necessary the application of provisions of the Civil Service law, shall be subject to the provisions of Title 11A, Civil Service, if such federal standards are uniform in all states. L.1975, c.305, s.3; amended 2017, c.131, s.71; 2023, c.177, s.59.

N.J. Stat. § 26:2B-9.1 Transfer of bureau of alcohol countermeasures in division of motor vehicles in department of law and public safety to division of alcoholism.

2. The Bureau of Alcohol Countermeasures in the Motor Vehicle Commission is transferred to the Division of Mental Health and Addiction Services in the Department of Human Services, pursuant to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). L.1984, c. 243, s. 2, eff. Jan. 2, 1985; amended 2023, c.177, s.60.

N.J. Stat. § 26:2B-9.2 "Alcohol Treatment Programs Fund."

2. a. There is created within the Department of Health a special nonlapsing revolving fund to be known as the "Alcohol Treatment Programs Fund." The fund shall consist of such monies as are deposited pursuant to section 12 of P.L.1994, c.57 (C.34:1B-21.12), any other monies as may be appropriated to the fund by the Legislature or otherwise provided to the fund, and interest or other income derived from the investment of monies in the fund. b. Except as provided in subsection c. of this section, monies in the fund shall be used exclusively for making grants, approved by the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, to programs that provide treatment for alcohol use disorder and other conditions related to the excessive consumption of alcoholic beverages among persons convicted of violating the State's drunk driving laws and others. c. An amount not to exceed $150,000 in Fiscal Year 2002 and five percent of the total annual revenue allocated to the fund in each fiscal year thereafter may be expended from the fund to defray actual expenses incurred by the department in the administration of the fund subject to approval by the Director of the Division of Budget and Accounting. L.2001, c.48, s.2; amended 2023, c.177, s.61.

N.J. Stat. § 26:2B-9.3 Regulations.

3. The Director of the Division of Addiction Services in the Department of Health and Senior Services shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act. The regulations shall include, but not be limited to, the following: a. Criteria for grantee eligibility; b. The form and manner in which application for grants from the fund shall be made; and c. The treatment services and treatment recipients for which grant funds may be expended. L.2001,c.48,s.3.

N.J. Stat. § 26:2B-11 Comprehensive State plan for treatment.

5. The department shall prepare and submit to the Governor, and from time to time shall amend, a comprehensive State plan for the treatment of intoxicated persons and persons with an alcohol use disorder, including juveniles and young adults. The department, in developing such plan, shall consult and cooperate with the advisory council, officials of appropriate departments or agencies of the federal government and the State and its political subdivisions, and private organizations and individuals with a view toward providing for coordinated and integrated services on the community level. The plan may provide for services in federal, public and private facilities. The plan shall include a detailed projection of immediate and long-term need for facilities and personnel and a detailed estimate of the cost thereof, as well as an estimate of the extent to which funds, property, or services may be available from the State or any of its political subdivisions, the federal government or any private source and is to be coordinated with the State Comprehensive Health Planning Agency. L.1975, c.305, s.5; amended 2017, c.131, s.72.

N.J. Stat. § 26:2B-12 Program for treatment; facilities; services; annual list; publication.

6. The department shall take cognizance of all matters affecting alcohol use disorder in the State and shall establish and conduct a program for the treatment of intoxicated persons and persons with an alcohol use disorder. The program may encourage regionalization of services and, if not otherwise available, provide for the following facilities, which need not be separately located: a. Intoxication treatment centers, which centers shall render emergency medical care, including detoxification, shall be open 24 hours every day, and shall be located conveniently near population centers. Services shall be provided for the immediate physical and social needs, including the needs for medication and shelter, of intoxicated persons, and shall also provide for initial examination, diagnosis and referral. To the extent possible, such treatment centers shall be affiliated with a general or other hospital. b. Inpatient facilities, for treatment of persons with an alcohol use disorder, which shall, to the extent possible, be affiliated with the medical service of a general hospital, mental hospital, community mental health center, or other hospital. c. Outpatient facilities. d. Residential aftercare facilities, such as halfway houses. The department shall maintain, supervise and control all facilities operated by it pursuant to P.L.1975, c.305 (C.26:2B-7 et seq.) and all such facilities shall be staffed with an adequate number of qualified and trained personnel. The administrator of each such facility shall make an annual report of its activities to the director in such manner and form as the director may deem appropriate. All appropriate resources, particularly community mental health centers, shall whenever possible be utilized in and coordinated with the program. Services delivered by the department pursuant to P.L.1975, c.305 (C.26:2B-7 et seq.) may be administered on the premises of institutions operated in whole or in part by the department of institutions and agencies. Such services shall be administered as such services are administered in the other facilities of the department and shall in all respects be therapeutic in nature rather than penal or correctional. The department shall prepare and publish annually a list of all services operating in accordance with P.L.1975, c.305 (C.26:2B-7 et seq.) and shall make the list available upon request to members of the public. The department shall notify all law enforcement agencies and judges in the State of the location and capacity of intoxication treatment centers and other services operating in accordance with this act situated in or near their jurisdictions. L.1975, c.305, s.6; amended 2017, c.131, s.73.

N.J. Stat. § 26:2B-13 Powers of department.

7. The department is hereby authorized, empowered and directed under this act to: a. Plan, construct, cause to be established, and maintain such facilities as may be necessary or desirable for the conduct of its program; b. Acquire, hold, and dispose of real property; c. Acquire by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain in accordance with the provisions of Title 20 of the Revised Statutes, and lease, hold and dispose of, real property or any interest therein, for the purposes of this act; d. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under P.L.1975, c.305 (C.26:2B-7 et seq.); including, but not limited to, contracts with government departments and public and private agencies and facilities to pay them for services actually rendered or furnished to persons with an alcohol use disorder or intoxicated persons, at rates to be established pursuant to law; e. Solicit and accept for use in relation to the purposes of this act any gift of money or property made by will or otherwise, and any grant or loan of money, services or property from the federal government, the State or any political subdivision thereof, or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in connection with the application for any such grant or loan; provided, however, that any money received under this subsection shall be deposited with the State Treasurer to be kept in a separate fund in the treasury for expenditure by the department in accordance with the conditions of the gift, loan or grant without specific appropriation; f. Develop, encourage and foster Statewide, regional and local plans and programs for the prevention, detection, and treatment of alcohol use disorder in cooperation with interested public agencies and private organizations and individuals and provide technical assistance and consultation services for these purposes; g. Coordinate the efforts and enlist the assistance of all public agencies and private organizations and individuals interested in the prevention, detection, and treatment of alcohol use disorder; h. Cooperate with the Department of Human Services in establishing and conducting a program for the prevention and treatment of alcohol use disorder in penal institutions; i. Cooperate with police academies, nursing and medical schools, public agencies and private organizations and individuals in establishing programs for the prevention and treatment of intoxication and alcohol use disorder among juveniles and young adults; j. Prepare, publish and disseminate educational materials dealing with the prevention, nature and effects of alcohol use disorder and the benefits of treatment; k. Develop and implement an ongoing system of collecting, analyzing and distributing statistics on the incidence and prevalence of alcohol use disorder, alcohol-related problems and alcohol consumption among the citizens of New Jersey, with special emphasis on youth. This system shall include, but is not limited to, studies, surveys, random samplings and assessments, and use as its sources the variety of public agencies and private organizations concerned and connected with the subject, including the New Jersey Motor Vehicle Commission, the Superior Court, Chancery Division, Family Part, the youth bureaus, alcohol treatment programs, hospitals and mental health centers, the schools, the police departments, and the Division of Alcoholic Beverage Control. Special attention shall be given to the relationship of alcohol to automobile accidents, crime, delinquency and other social problems; l. Encourage alcohol use disorder prevention, detection, and treatment programs in government and industry; m. Organize and foster training programs for professional and para-professional workers in the treatment of intoxicated persons and persons with alcohol use disorder; n. Approve and license public and private facilities in accordance with section 8 of P.L.1975, c.305 (C.26:2B-14); o. Promulgate rules and regulations for the exercise of its powers and the performance of its duties under P.L.1975, c.305 (C.26:2B-7 et seq.); p. Do all other acts and things necessary or convenient to carry out the powers expressly granted in P.L.1975, c.305 (C.26:2B-7 et seq.). L.1975, c.305, s.7; amended 1979, c.452, s.2; 1991, c.91, s.286; 2017, c.131, s.74.

N.J. Stat. § 26:2B-14 Facilities; license; rules and regulations; filing information; refusal to grant, suspension, revocation, limitation or restriction; hearing; grounds; violations; penalties; inspection; admission of patients

8. The department shall issue for a term of 2 years, and may renew for like terms, a license, subject to revocation by it for cause, to any person, partnership, corporation, society, association or other agency or entity of any kind, other than a licensed general hospital, a department, agency, or institution of the Federal Government, the State or any political subdivision thereof, deemed by it to be responsible and suitable to establish and maintain a facility and to meet applicable licensure standards and requirements. In the case of a department, agency or institution of the State or any political subdivision thereof, the department shall grant approval to establish and maintain a facility for a term of two years, and may renew such approval for like terms, subject to revocation by it for cause. The department shall in the cases of public facilities, private facilities which contract on a fee-for-service basis with the State, and private facilities which accept for treatment persons assisted pursuant to section 10 of P.L.1975, c.305 (C.26:2B-10), promulgate rules and regulations establishing licensure and approval standards and requirements including, but not limited to: a. the need for a facility in the community; b. the financial and other qualifications of the applicant; c. the proper operation of facilities; d. the health and safety standards to be met by a facility; e. the quality and nature of the treatment to be afforded patients at a facility; and f. licensing fees, and procedures for making and approving license and approval applications. In the case of private facilities that neither contract on a fee-for-service basis with the State nor accept for treatment persons assisted by police officers pursuant to section 10 of P.L.1975, c.305 (C.26:2B-10), the department shall promulgate rules and regulations establishing licensure standards and requirements but such standards and requirements shall concern only: a. the health and safety standards to be met by a facility; b. misrepresentations as to the treatment to be afforded patients at a facility; c. licensing fees; and d. procedures for making and approving license applications. All facilities shall be individually licensed or approved. Different kinds of licenses or approvals may be granted for different kinds of facilities. Each facility shall file with the department from time to time, on request, such data, statistics, schedules or information as the department may reasonably require for the purposes of this section, and any licensee or other person operating a private facility who fails to furnish any such data, statistics, schedules or information as requested, or who files fraudulent returns thereof, shall be punished by a fine of not more than $500.00. The department, after holding a hearing, may refuse to grant, suspend, revoke, limit or restrict the applicability of or refuse to renew any license or approval for any failure to meet the requirements of its rules and regulations or standards concerning such facilities. However, in the case of private facilities which neither contract on a fee-for-service basis with the State nor accept for treatment persons assisted by police officers pursuant to section 10 of P.L.1975, c.305 (C.26:2B-10), the department, after holding a hearing may refuse to grant, suspend, revoke, limit or restrict the applicability of or refuse to renew any license for the following reasons only: a. for failure to meet the requirements of its rules and regulations concerning the health and safety standards of such facilities; or b. if there is a reasonable basis for the department to conclude that there is a discrepancy between representations by a facility as to the treatment services to be afforded patients and the treatment services actually rendered or to be rendered. The department may temporarily suspend a license or approval in an emergency without holding a prior hearing; provided, however, that upon request of an aggrieved party, a hearing shall be held as soon after the license or approval is suspended as possible. Any party aggrieved by a final decision of the department pursuant to this section may petition for judicial review thereof. No person, partnership, corporation, society, association, or other agency or entity of any kind, other than a licensed general hospital, a department, agency or institution of the Federal Government, the State or any political subdivision thereof, shall operate a facility without a license and no department, agency or institution of the State or any political subdivision thereof shall operate a facility without approval from the department pursuant to this section. The Superior Court shall have jurisdiction in equity upon petition of the department to restrain any violation of the provisions of this section and to take such other action as equity and justice may require to enforce its provisions. Whoever knowingly establishes or maintains a private facility without a license granted pursuant to this section shall, for a first offense, be punished by a fine of not more than $500.00 and for each subsequent offense by a fine of not more than $1,000.00 or imprisonment for not more than two years, or both. Each facility shall be subject to visitation and inspection by the department and the department shall inspect each facility prior to granting or renewing a license or approval. The department may examine the books and accounts of any facility if it deems such examination necessary for the purposes of this section. The department is hereby authorized to make a complaint to a judge of any court of record, who may thereupon issue a warrant to any officers or employees of the department authorizing them to enter and inspect at reasonable times, and to examine the books and accounts of, any private facility refusing to consent to such inspection or examination by the department which the department has reason to believe is operating in violation of the provisions of this act. Refusal by the operator or owner to allow such entry and inspection pursuant to such a warrant shall for a first offense be punishable by a fine of not more than $100.00 and for each subsequent offense by a fine of not more than $1,000.00 or imprisonment for not more than two years, or both. The director may require public facilities, private facilities which contract on a fee-for-service basis with the State, and private facilities which accept for treatment persons assisted pursuant to section 10 of P.L.1975, c.305 (C.26:2B-10) to admit as an inpatient or outpatient any person to be afforded treatment pursuant to this act. The department shall promulgate rules and regulations governing the extent to which the department may require other private facilities to admit as an inpatient or outpatient any person to be afforded treatment pursuant to this act; provided, however, that no licensed general hospital shall refuse treatment for intoxication or alcohol use disorder. L.1975, c. 305, s. 8; amended 2023, c.177, s.62.

N.J. Stat. § 26:2B-15 Procedures for admission, treatment at a facility.

9. Any person who is intoxicated and who voluntarily applies for treatment or is brought to a facility by a police officer or other authorized person in accordance with section 10 of P.L.1975, c.305 (C.26:2B-16) may be afforded treatment at an intoxication treatment center or other facility. Any person who is a person with an alcohol use disorder and who voluntarily applies for treatment may be afforded treatment at an intoxication center or other facility. As soon as possible after the admission of any person, the administrator of the facility shall cause such person to be examined by a physician or by a medically competent individual designated by the department and under the supervision of a physician. If, upon examination, a determination is made that the person is intoxicated or is a person with an alcohol use disorder, and adequate and appropriate treatment is available, the person shall be admitted. Admission shall not be denied on the basis that the person is currently receiving medication assisted treatment for a substance use disorder administered by a licensed treatment provider, including but not limited to methadone, buprenorphine, naltrexone, or any other medication approved by the Food and Drug Administration for the treatment of a substance use disorder. If any person is not admitted for the reason that adequate and appropriate treatment is not available at the facility, the administrator of the facility, acting whenever possible with the assistance of the director, shall refer the person to a facility at which adequate and appropriate treatment is available. In the event that a person is not admitted to a facility, and has no funds, the administrator shall arrange for the person to be assisted to the person's residence, or, if the person has no residence, to a place where shelter will be provided. Any person admitted to a facility may receive treatment at the facility for as long as the person wishes to remain at the facility or until the administrator determines that treatment will no longer benefit the person; provided, however, that any person who at the time of admission is intoxicated and is incapacitated, shall remain at the facility until the person is no longer incapacitated, but in no event shall the person be required to remain for a period greater than 48 hours. When a person is admitted to a facility, the facility shall provide notice of admission to the person's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, as soon thereafter as possible, provided that: (1) such notice is provided in a manner that is consistent with federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164; and (2) the patient, if an adult, has not withheld consent for such notice or expressly requested that notification not be given. If a patient who is not incapacitated withholds consent for such notice, or expressly requests that notification not be given, the patient's wishes shall be respected unless the patient is a minor child or adolescent, in which case, the minor's parent, legal guardian, designated next of kin, or other designated emergency contact shall be notified, provided that such notification is not inconsistent with, and would not violate, federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164. The manner in which any person is transported from one facility to another, or from a facility to the person's residence, and the financing thereof, shall be determined by the director in accordance with rules and regulations promulgated by the department. When a patient is discharged or otherwise released from treatment at a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment. When a patient voluntarily withdraws, or is involuntarily evicted from a transitional sober living home, halfway house, or other residential aftercare facility, the facility shall provide notice of the patient's release from care to the patient's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, provided that: (1) such notice is provided in a manner that is consistent with federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164; and (2) the patient, if an adult, has not withheld consent for such notice, or expressly requested that notification not be given. If a patient who is not incapacitated withholds consent for such notice, or expressly requests that notification not be given, the patient's wishes shall be respected unless the patient is a minor child or adolescent, in which case, the minor's parent, legal guardian, designated next of kin, or other designated emergency contact shall be notified, provided that such notification is not inconsistent with, and would not violate, federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164. L.1975, c.305, s.9; amended 2015, c.284, s.1; 2017, c.131, s.75; 2017, c.256, s.1.

N.J. Stat. § 26:2B-16 Person intoxicated in public place; assistance to facility; determination of intoxication

Any person who is intoxicated in a public place may be assisted to his residence or to an intoxication treatment center or other facility by a police officer or other authorized person. To determine whether or not such person is intoxicated, the police officer may request the person to submit to any reasonable test, including, but not limited to, tests of his coordination, coherency of speech, and breath. Any person who is intoxicated in a public place and who a police officer has reason to believe is incapacitated shall be assisted by the police officer to an intoxication treatment center or other facility. A police officer acting in accordance with the provisions of this section may use such force, other than that which is likely to inflict physical injury, as is reasonably necessary to carry out his authorized responsibilities. If the police officer reasonably believes that his safety or the safety of other persons present so requires, he may search such person and his immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapon which may on that occasion be used against the officer or other person present. All persons acting under the provisions of this section shall be considered as acting in the conduct of their official duties and shall not be held criminally or civilly liable for such acts. Any person assisted by a police officer to a facility pursuant to the provisions of this section shall receive treatment in accordance with section 9. In any event, if such person is determined upon examination to be intoxicated, the examining physician or other medically competent individual shall so certify and a duplicate copy of the certification shall be made available to the police officer. A person assisted to a facility pursuant to the provisions of this section, shall not be considered to have been arrested and no entry or other record shall be made to indicate that he has been arrested. L.1975, c. 305, s. 10.

N.J. Stat. § 26:2B-17 Procedure for individuals arrested for violation of municipal ordinance, disorderly persons offense.

11. Any person who is arrested for a violation of a municipal ordinance, or for a disorderly persons offense, and who is not also arrested for a misdemeanor, and who the arresting police officer has reasonable cause to believe is intoxicated, may be taken by a police officer directly to an intoxication treatment center or other appropriate facility. To determine whether or not such person is intoxicated, the police officer may request the person to submit to any reasonable test, including, but not limited to, tests of his coordination, coherency of speech, and breath. The administrator of any intoxication treatment center, or of any other facility, shall cause any such person to be examined by a physician or by a medically competent individual designated by the department and under the supervision of a physician. If the physician or any other medically competent individual designated by the department determines upon examination that such person is intoxicated, and the administrator determines that adequate and appropriate treatment is available, the person shall be admitted. Any such person may be detained at the center or other facility until the person is no longer intoxicated, but in any event, not longer than 48 hours from the date of admission. At such time as the person is to be discharged from the facility, the person shall be informed by the administrator that if the person is a person with an alcohol use disorder who would benefit by treatment the person may, in the discretion of the court, be afforded treatment in lieu of prosecution, and that if the person so chooses the person may be examined at the facility for the purpose of determining whether the person is a person with an alcohol use disorder who would benefit by treatment. If the person requests an examination, the person shall be examined by a physician at the facility during a period of time not to exceed 48 hours. The police shall maintain such security conditions as may be necessary. Prior to releasing the person from the center or other facility, the administrator shall notify the police who shall transport the person therefrom for proceedings in the case. When a person who is arrested for a violation of a municipal ordinance, or disorderly persons offense, and who is not also arrested for a misdemeanor, is brought before the court on such charge, the court shall inform the person that the person is entitled to request a medical examination to determine whether or not the person has alcohol use disorder if the person has been admitted to a facility pursuant to the provisions of the preceding paragraph and has not received a medical examination by a physician. The court shall further inform the defendant of the consequences which follow a determination by a physician that the person is a person with an alcohol use disorder who would benefit by treatment. Any request for an examination shall be in writing. If the person makes such request, the proceedings shall be stayed for the period during which the request is under consideration by the court. If the defendant requests an examination, the court shall appoint a physician to conduct the examination at an appropriate location designated by it. In no event shall a request for an examination, any statement made by the defendant during the course of an examination or any finding of a physician pursuant to the provisions of this section be admissible against the defendant in any proceeding. A physician who conducts an examination pursuant to the provisions of this section, shall determine whether or not the defendant is a person with an alcohol use disorder who would benefit by treatment. The physician shall report the findings to the court together with the facts upon which the findings are based and the reasons therefor as soon as possible but in any event not longer than three days after the completion of the examination. If the physician reports that the defendant is a person with an alcohol use disorder who would benefit by treatment, the court shall inform the defendant that the defendant may request commitment to the division and advise the person of the consequences of the commitment. If the defendant requests commitment, and if the court finds that the defendant is a person with an alcohol use disorder who would benefit by treatment, the court may stay the criminal proceeding and commit the defendant to the division as an inpatient or as an outpatient, whichever the court deems appropriate, for a specified period. The term of inpatient treatment shall not exceed 30 days, the term of outpatient treatment shall not exceed 60 days, and the total combined period of commitment, including both inpatient and outpatient treatment, if both are ordered, shall not exceed 90 days. The court shall inform the defendant that if he is committed the proceeding will be stayed for the term of the commitment. In determining whether or not to grant the request for commitment, the court shall consider the report of the physician, the nature of the offense with which the defendant is charged, the past criminal record, if any, of the defendant, and any other relevant evidence. If the court decides that the defendant's request for commitment should be granted, the court shall commit the defendant to the division if the division reports that adequate and appropriate treatment is available at a facility; provided, however, that if the court determines that commitment should be granted and the defendant is charged with a first offense, the proceedings shall be stayed until adequate and appropriate treatment is available at a facility. In cases where the defendant is not charged with a first offense and the division reports that adequate and appropriate treatment is not available, the court may, in its discretion, order that the stay of the proceeding remain outstanding until such time as adequate and appropriate treatment is available. As a condition to the issuance of any commitment order by the court pursuant to the provisions of this section, the defendant shall consent in writing to the terms of the commitment. If the physician reports that the defendant is not a person with an alcohol use disorder who would benefit by treatment, the defendant shall be entitled to request a hearing to determine whether the person is a person with an alcohol use disorder who would benefit by treatment. Thereupon the court may, of its own motion, or shall upon the request of the defendant or the person's counsel, appoint an independent physician to examine the defendant and to testify at the hearing. If the court determines that the defendant is a person with an alcohol use disorder who would benefit by treatment, the procedures and standards applicable to a defendant who is determined by the court, following the report of the first examining physician to be a person with an alcohol use disorder who would benefit by treatment, shall apply to the defendant. If the court does not order that the defendant shall be afforded treatment in lieu of prosecution pursuant to the provisions of this section, the stay of the proceedings shall be vacated. At any time during the term of commitment, the administrator may transfer any inpatient to an outpatient program if the administrator finds that the patient is a proper subject for outpatient treatment; provided, however, that the administrator may retransfer the patient to an inpatient program if the administrator finds that the person is not suitable for outpatient treatment. Any patient committed to the division pursuant to this section shall be discharged from the facility to which the division has caused the patient to be admitted if at any time the administrator determines that treatment will no longer benefit the patient; provided, however, that such patient shall in any event be discharged at the termination of the period of commitment specified in the court order. At the end of the commitment period, when the patient is discharged, or when the patient terminates treatment at the facility, whichever first occurs, the director shall report to the court on whether or not the defendant successfully completed the treatment program, together with a statement of the reasons for the director's conclusion. In reaching the determination of whether or not the defendant successfully completed the treatment program, the director shall consider, but shall not be limited to, whether the defendant cooperated with the administrator and complied with the terms and conditions imposed on the defendant during the commitment. If the report states that the defendant successfully completed the treatment program, the court shall dismiss the charges pending against the defendant. If the report does not so state, or if the defendant has not completed the term of commitment ordered by the court, then, based on the report and any other relevant evidence, the court may take such action as it deems appropriate, including the dismissal of the charges or the revocation of the stay of the proceedings. In the event that the court convicts a defendant who has been committed in lieu of prosecution pursuant to the provisions of this section and sentences the defendant to a term of incarceration, the court shall reduce the term of incarceration by the period during which the defendant was afforded treatment in lieu of prosecution pursuant to this section. The State, municipal and local police shall, in cooperation with the department, provide temporary security at facilities to which persons are taken pursuant to this section, where it is necessary that such security be provided for the person arrested. L.1975, c.305, s.11; amended 2017, c.131, s.76.

N.J. Stat. § 26:2B-18 Person under treatment at facility; subjection to supervisory powers of administrator

Each person who receives treatment at a facility shall be subject to the supervisory powers of the administrator exercised in accordance with rules and regulations of the department. L.1975, c. 305, s. 12.

N.J. Stat. § 26:2B-19 Rights of juveniles

All rights afforded any person under this act shall apply to juveniles as may be consistent with present statutory law applying to minors. L.1975, c. 305, s. 13.

N.J. Stat. § 26:2B-20 Records; confidentiality; rights of patients

a. The administrator of each facility shall keep a record of the treatment afforded each patient, which shall be confidential and shall be made available only upon proper judicial order, whether in connection with pending judicial proceedings or otherwise. b. Any patient shall have the right to have a physician retained by him examine him, consult privately with his attorney, receive visitors, and send and receive communications by mail, telephone and telegraph. Such communications shall not be censored or read without the consent of such patient. The foregoing shall not limit the right of the administrator, subject to reasonable rules and regulations of the department, to prescribe reasonable rules governing visiting hours and the use of telephone and telegraph facilities. c. No patient may be detained at any facility pursuant to the provisions of this act, without his consent except in accordance with the provision of section 9. d. Insofar as is practicable a written, comprehensive, individualized treatment plan shall be kept by the administrator for each patient. e. Each patient shall be entitled to receive adequate and appropriate treatment. No patient shall be denied the right to vote while he is afforded treatment at a facility. L.1975, c. 305, s. 14.

N.J. Stat. § 26:2B-21 Rights of person who received treatment at facility; person with an alcohol use disorder.

15. No person who has received treatment at a facility in accordance with the provisions of P.L.1975, c.305 (C.26:2B-7 et seq.) or person who is a person with an alcohol use disorder shall be denied any right or privilege under the Constitution of the United States or of the State for the reason that the person has received treatment at a facility or that the person is a person with an alcohol use disorder. L.1975, c.305, s.15; amended 2017, c.131, s.77.

N.J. Stat. § 26:2B-22 Service forces to assist police

The State, the several counties and municipalities may establish services forces to assist the police in accordance with the provisions of section 9 of this act. Such service forces may be a part of police department, or may be a separate unit. Members of the force shall be trained to carry out certain responsibilities of the police, as these are set out in section 10, particularly with respect to the administration of first aid to intoxicated persons in need of medical assistance. L.1975, c. 305, s. 16.

N.J. Stat. § 26:2B-23 Program of education; services of division.

17. The division shall establish and maintain, in cooperation with the office of the Attorney General, the State, municipal and local police, the courts, the Department of Corrections, the Department of Human Services, and other public and private agencies, a program for the education of police officers, prosecuting attorneys, court personnel, judges of the Superior Court, probation and parole officers, correctional personnel, other law enforcement personnel, and State welfare and vocational rehabilitation personnel, with respect to the causes, effects, and treatment of intoxication and alcohol use disorder. The division shall serve in a consulting capacity to such public and private agencies and shall foster and coordinate a full range of services which will be available for diagnosis, counseling and treatment for alcohol use disorder. L.1975, c.305, s.17; amended 1991, c.91, s.287; 2017, c.131, s.78.

N.J. Stat. § 26:2B-24 Tests for alcohol; written manual; collection of data.

18. The division shall, in cooperation with the State, municipal and local police, and the New Jersey Motor Vehicle Commission, conduct tests for alcohol in the bodies of automobile drivers and pedestrians who die as a result of and within four hours of a traffic accident, and in automobile drivers who survive traffic accidents fatal to others. The division shall promulgate a written manual to govern the conducting of tests made pursuant to this section, which shall specify the qualifications of personnel to conduct such tests, the methods and related details of specimen selection, collection, preservation and analysis, and the methods of tabulation and reporting of this test data. If a test conducted pursuant to this section discloses alcohol, the division shall insofar as is practicable make a determination whether or not alcohol use disorder was a probable factor in the drinking of the tested individual. Test data collected and determinations made pursuant to this section shall be tabulated, compiled, and published by the division at least semiannually. The division in cooperation with the office of the Attorney General and other interested State departments and agencies shall undertake a detailed and comprehensive review of State and local laws and regulations governing driving under the influence of alcohol. This review shall include, but need not be limited to, consideration of the relation of these laws and regulations to the legislative policies and purposes of this act, and what programs and punishments are appropriate for individuals convicted of drunk driving. Within one year from the date of enactment of P.L.1975, c.305 (C.26:2B-7 et seq.), the division shall transmit to the Legislature a report on this review. This report shall include specific recommendations for any changes in the present laws and regulations the division deems appropriate. L.1975, c.305, s.18; amended 2017, c.131, s.79.

N.J. Stat. § 26:2B-25 Review of laws and regulations on manufacture, sale and consumption of alcoholic beverages; report

The division, in cooperation with the office of the Attorney General and other interested State departments and agencies, shall undertake a broad review of State and local, criminal and civil, laws and regulations governing the manufacture, sale and consumption of alcoholic beverages. This review shall include, but need not be limited to, consideration of the relation of these laws and regulations both to the legislative policies and purposes of this act and to the public policy objective of permitting the temperate use of alcoholic beverages and preventing the abuse of such beverages. Within 2 years from the date of enactment of this act the division shall transmit to the Legislature a report on this review, which shall include specific recommendations for any changes in the present laws and regulations that the division deems appropriate. L.1975, c. 305, s. 19.

N.J. Stat. § 26:2B-26 Laws, ordinances or regulations of local government on public intoxication or inconsistent with act; prohibition; exemptions

No county, municipality, or other political subdivision of the State shall adopt any law, ordinance, bylaw, resolution or regulation having the force of law a. rendering public intoxication or being found in any place in an intoxicated condition an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind; b. inconsistent with the provisions and policies of this act. Nothing herein contained shall affect any laws, ordinances, bylaws, resolutions or regulations against driving after drinking alcohol, driving under the influence of alcohol, or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment. L.1975, c. 305, s. 20.

N.J. Stat. § 26:2B-27 Department of Health designated.

21. The Department of Health shall be the single State agency designated by the State as the agency primarily responsible for the treatment of intoxicated persons and persons with alcohol use disorder. All activities, projects or programs for alcohol use disorder treatment and rehabilitation, funded or carried out by any department or political subdivision of the State shall be in compliance with the comprehensive State plan required by section 5 of P.L.1975, c.305 (C.26:2B-11). L.1975, c.305, s.21; amended 2017, c.131, s.80.

N.J. Stat. § 26:2B-28 Transfer of property, moneys, obligations, and officers and employees under prior law to division; retention of supervisory powers by department

22. All books, papers, records, documents, and equipment in the custody of or maintained for the use of the Department of Health pursuant to sections 1 through 5, inclusive, of P.L.1948, c.453 (C.26:2B-1 through C.26:2B-5) are hereby transferred to the custody and control of the division created by this act. All moneys heretofore appropriated for the Department of Health for activities authorized by said sections 1 through 5, inclusive, of P.L.1948, c.453 (C.26:2B-1 through C.26:2B-5) and remaining unexpended on the effective date of this act are hereby transferred to, and shall remain immediately available for expenditure by, the division created by this act. All duly existing contracts, leases, and obligations of the Department of Health entered into pursuant to said sections 1 through 5, inclusive, of P.L.1948, c.453 (C.26:2B-1 through C.26:2B-5) shall remain in effect and shall be performed by the division created by this act. This act shall not affect any renewal provisions or option to renew contained in any such lease in existence on the effective date of this act. Without limiting the generality of the foregoing, all approvals of plans, projects, and Federal and State financial aid applications heretofore granted shall remain in full force and effect; provided, however, that nothing in this section shall prevent said division from withdrawing such approval if such action is otherwise in accordance with law. All gifts and special grants made to the Department of Health under sections 1 through 5 of P.L.1948, c.453 (C.26:2B-1 through C.26:2B-5) and remaining unexpended on the effective date of this act shall be available for expenditure by the division created by this act in accordance with the conditions of the gift or grant without specific appropriation. All hospital and clinic facilities established pursuant to section 3 of P.L.1948, c. 453 (C.26:2B-3) shall remain subject to the control and supervision of the department. All officers and employees of the Department of Health engaged in activities authorized by sections 1 through 5, inclusive, of P.L.1948, c.453 (C.26:2B-1 through C.26:2B-5) who immediately prior to the effective date of this act hold permanent appointment in positions classified under Title 11 of the Revised Statutes, or have tenure in their positions by reason of law are hereby transferred to the division created by this act, every such transfer to be without impairment of civil service status, seniority, retirement, and other rights of the employee, without interruption of service, and without reduction in compensation and salary grade, notwithstanding any change in his title or duties made as a result of such transfer; subject, however, to the provisions of Title 11, and the rules and regulations established thereunder. All such officers and employees who immediately prior to the effective date do not hold permanent appointment in such positions, or do not hold such tenure, are hereby transferred to the division created by this act without impairment of seniority, retirement and other rights, without interruption of service, and without reduction in compensation and salary grade. Nothing in this section shall be construed to confer upon an officer or employee any rights not held prior to the transfer or to prohibit any subsequent reduction in compensation or salary grade not prohibited prior to the transfer. L.1975, c. 305, s. 22; amended 2023, c.177, s.63.

N.J. Stat. § 26:2B-29 Repeal and prohibition of ordinance, resolution or other legislation on offense of public intoxication

Notwithstanding any other provision of law, no county, municipality, or other jurisdiction within the State shall adopt an ordinance, resolution, or other legislation creating an offense of public intoxication or any equivalent offense, and any existing ordinance, resolution, or other legislation creating such an offense is hereby repealed. L.1975, c. 305, s. 23.

N.J. Stat. § 26:2B-30 Severability

If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without such invalid provision or application, and to this end the provisions of this act are declared to be severable. L.1975, c. 305, s. 25.

N.J. Stat. § 26:2B-31 Short title

26. This act shall be known and may be cited as the "Alcohol Use Disorder Treatment and Rehabilitation Act." L.1975, c. 305, s. 26; amended 2023, c.177, s.64.

N.J. Stat. § 26:2B-32 Fund established.

3. An Alcohol Education, Rehabilitation and Enforcement Fund is established as a nonlapsing, revolving fund in a separate account in the Department of Health. The fund shall be credited from July 1, 1990 through June 30, 1991, with 27.6 percent of the tax revenues, and from July 1, 1991 through June 30, 1992, with 53.3 percent of the tax revenues, collected pursuant to section 3 of P.L.1980, c.62 (C.54:32C-3), the amount thereof to be dedicated 75 percent to rehabilitation, 15 percent to enforcement and 10 percent to education, and the fund thereafter shall be annually credited with the amount of tax revenues collected from the alcoholic beverage tax as is provided in section 2 of P.L.1990, c.41 (C.54:43-1.1), which amount shall be dedicated 75 percent to rehabilitation, 15 percent to enforcement and 10 percent to education. Interest received on moneys in the fund shall be credited to the fund. Pursuant to the formula set forth in section 5 of this act, moneys appropriated pursuant to law shall only be distributed to the counties by the Department of Health, without the assessment of administrative costs, to develop and implement an annual comprehensive plan for the treatment of persons with substance use disorder and for expenditures according to the dedications provided herein. L.1983, c.531, s.3; amended 1989, c.51, s.13; 1990, c.41, s.4; 2023, c.177, s.65.

N.J. Stat. § 26:2B-33 Plan for community services.

4. a. The governing body of each county, in conjunction with the county agency or individual designated by the county with the responsibility for planning services and programs for the care or rehabilitation of persons with alcohol use disorder and persons with a substance use disorder involving drugs, shall submit to the Assistant Commissioner of the Division of Mental Health and Addiction Services and the Governor's Council on Substance Use Disorder an annual comprehensive plan for the provision of community services to meet the needs of persons with substance use disorder. b. The annual comprehensive plan shall address the needs of urban areas with a population of 100,000 or over and shall demonstrate linkage with existing resources which serve persons with substance use disorder and their families. Special attention in the plan shall be given to substance use disorder and youth; intoxicated drivers and drivers with substance use disorder; women and substance use disorder; persons with disabilities and substance use disorder; substance use disorder on the job; substance use disorder and crime; public information; and educational programs as defined in subsection c. of this section. Each county shall identify, within its annual comprehensive plan, the Intoxicated Driver Resource Center which shall service its population, as is required under subsection (f) of R.S.39:4-50. The plan may involve the provision of programs and services by the county, by an agreement with a State agency, by private organizations, including volunteer groups, or by some specified combination of the above. If the State in any year fails to deposit the amount of tax receipts as is required under section 3 of P.L.1983, c.531 (C.26:2B-32), a county may reduce or eliminate, or both, the operation of existing programs currently being funded from the proceeds deposited in the Alcohol Education, Rehabilitation and Enforcement Fund. c. Programs established with the funding for education from the fund shall include all courses in the public schools required pursuant to P.L.1987, c.389 (C.18A:40A-1 et seq.), programs for students included in the annual comprehensive plan for each county, and in-service training programs for teachers and administrative support staff including nurses, guidance counselors, child study team members, and librarians. All moneys dedicated to education from the fund shall be allocated through the designated county substance use disorder agency and all programs shall be consistent with the annual comprehensive county plan submitted to the Assistant Commissioner of the Division of Mental Health and Addiction Services and the Governor's Council on Substance Use Disorder pursuant to this section. Moneys dedicated to education from the fund shall be first allocated in an amount not to exceed 20 percent of the annual education allotment for the in-service training programs, which shall be conducted in each county through the office of the county substance use disorder coordinator in consultation with the county superintendent of schools, local boards of education, local councils on substance use disorder and institutions of higher learning, including the Rutgers University Center of Alcohol and Substance Use Studies. The remaining money in the education allotment shall be assigned to offset the costs of programs such as those which assist employees, provide intervention for staff members, assist and provide intervention for students and focus on research and education concerning youth and substance use disorder. These funds shall not replace any funds being currently spent on education and training by the county. d. The governing body of each county, in conjunction with the county agency, or individual, designated by the county with responsibility for services and programs for the care or rehabilitation of persons with substance use disorder, shall establish a Local Advisory Committee on Substance Use Disorder to assist the governing body in development of the annual comprehensive plan. The advisory committee shall consist of no less than 10 nor more than 16 members and shall be appointed by the governing body. At least two of the members shall be persons recovering from alcohol use disorder and at least two of the members shall be persons recovering from substance use disorder. The committee shall include the county prosecutor or the county prosecutor's designee, a wide range of public and private organizations involved in the treatment of substance use disorder-related problems and other individuals with interest or experience in issues concerning substance use disorder. Each committee shall, to the maximum extent feasible, represent the various socioeconomic, racial and ethnic groups of the county in which it serves. Within 60 days of the effective date of P.L.1989, c.51 (C.26:2BB-1 et al.), the Local Advisory Committee on Substance Use Disorder shall organize and elect a chairperson from among its members. e. The Assistant Commissioner of the Division of Mental Health and Addiction Services shall review the county plan pursuant to a procedure developed by the assistant commissioner. In determining whether to approve an annual comprehensive plan under this act, the assistant commissioner shall consider whether the plan is designed to meet the goals and objectives of the "Alcohol Use Disorder Treatment and Rehabilitation Act," P.L.1975, c.305 (C.26:2B-7 et seq.) and the "Narcotic and Drug Abuse Control Act of 1969," P.L.1969, c.152 (C.26:2G-1 et seq.) and whether implementation of the plan is feasible. Each county plan submitted to the assistant commissioner shall be presumed valid; provided it is in substantial compliance with the provisions of this act. Where the department fails to approve a county plan, the county may request a court hearing on that determination. L.1983, c.531, s.4; amended 1989, c.51, s.14; 1990, c.41, s.5; 2017, c.131, s.81; 2023, c.177, s.66.

N.J. Stat. § 26:2B-34 Allotment formula.

5. a. Allotments to each county whose annual comprehensive plan is approved pursuant to the provisions of section 4 of this act shall be made on the basis of the following formula: County Allotment = Population of County x Total Funds Appropriated Population of State ( Per Capita Income of State (3 yr. average) x ( .5 x ----------------------------------------------------- ( Per Capita Income of County (3 yr. average) Need in County ) + .5 x ----------------- ) Need in State ) in which Need in County and Need in State are estimates of the prevalence of alcohol use disorder according to the current New Jersey Behavioral Health Services Plan. The funds dedicated for the provision of educational programs from the Alcohol Education, Rehabilitation and Enforcement Fund shall be allocated to the counties on the basis of this formula. b. As a condition for receiving the allotment calculated in subsection a. of this section, a county shall contribute a sum not less than 25 percent of that county's allotment to fund community services for persons with alcohol use disorder pursuant to the county's annual comprehensive plan. Those alcohol use disorder education, prevention and treatment programs already existing in a county may be combined under the county plan which establishes the annual comprehensive plan to be approved by the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services. In determining the sum of money to be contributed by each county, the required 25 percent minimum county contribution may include any moneys currently appropriated by the county to meet the needs of the alcohol use disorder programs. L.1983, c.531, s.5; amended 1989, c.51, s.15; 1990, c.41, s.6; 2023, c.177, s.67.

N.J. Stat. § 26:2B-35 Distribution of enforcement moneys

a. Moneys dedicated for enforcement from the Alcohol Education, Rehabilitation and Enforcement Fund shall be distributed as follows: (1) One-third shall be distributed to the "Municipal Court Administration Reimbursement Fund" pursuant to subsection b. of this section. (2) Two-thirds shall be distributed in the "Drunk Driving Enforcement Fund" established pursuant to section 1 of P.L.1984, c.4 (C.39:4-50.8). b. (1) Each municipality in this State shall present to the Administrative Office of the Courts, before December 31, 1983, the number of drunk driving arrests in the municipality during calendar year 1980. This number shall be the base year number of arrests. In any municipality in which the number of drunk driving arrests for calendar year 1980 exceeds the average of the number of drunk driving arrests for calendar years 1979 and 1981, that municipality may substitute the lower average figure as the base figure for the calculation in this subsection. The municipality shall certify this substitution in writing to the Administrative Office of the Courts within 90 days of the effective date of this 1986 amendatory act. Once a substituted base year figure is used, it may not thereafter be changed. Beginning January 15, 1984, and each year thereafter the municipality shall report to the Administrative Office of the Courts the number of drunk driving arrests made in its municipality during the preceding calendar year. (2) The Administrative Office of the Courts shall certify the amounts submitted by each municipality and shall calculate for each municipality any increase in the number of arrests between the base year and the number of arrests reported for the preceding calendar year. The Administrative Office of the Courts shall then calculate the sum of all increases for all municipalities reporting. (3) Beginning for calendar year 1983, the following fraction shall be calculated for each municipality: The increase in drunk driving arrests in the municipality between the base year and the preceding year over the total of increases in drunk driving arrests between the base year and the preceding year in all reporting municipalities in the State. This fraction shall be multiplied by the total amount of the money available in the "Municipal Court Administration Reimbursement Fund" in the preceding calendar year. This amount shall be allocated to the municipality for the purpose of maintaining its municipal court, which may include payments to municipal court judges, municipal prosecutors and other municipal court personnel for work performed in addition to regular employment hours. L.1983,c.531,s.6; amended 1986, c.146; 1990,c.41,s.7.

N.J. Stat. § 26:2B-36 Findings, declarations relative to alcoholism, drug abuse among the deaf, hard of hearing, disabled.

1. The Legislature finds and declares that: there is growing evidence that people with deafness, hearing loss or other disabilities are at greater risk of having a substance use disorder than the general population; the deaf and hard of hearing have a communication disability which prevents them from receiving and communicating information that would enable them to make more informed decisions about their substance use disorder; and the combined impact of physical impairment, attitudinal and architectural barriers, societal discrimination and the psychological stresses that accompany disability may create a special vulnerability for substance use disorder in people with disabilities. The Legislature further finds and declares that: few rehabilitation centers and professionals working with the deaf, hard of hearing and other disabled persons are adequately prepared or trained to identify, recognize or deal with the signs of substance use disorder; and New Jersey needs the development of specialized services for people with disabilities who have a substance use disorder. L.1995, c.318, s.1; amended 2023, c.177, s.68.

N.J. Stat. § 26:2B-37 "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled."

2. a. The Commissioner of Human Services shall establish "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled". b. Pursuant to Reorganization Plan No. 002-2004, the Commissioner of Human Services shall continue to operate the program established pursuant to subsection a. of this section through the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Governor's Council on Substance Use Disorder. L.1995, c.318, s.2; amended 1999, c.91, s.11; 2013, c.253, s.4; 2023, c.177, s.69.

N.J. Stat. § 26:2B-38 Program contents.

3. The program shall include, but not be limited to: providing public awareness of, and developing advocacy efforts for the deaf, persons with hearing impairments, and other persons with disabilities who are in need of treatment services for alcohol use disorder and substance use disorder, and developing treatment modalities and specialized training programs for this population. The commissioner shall incorporate the services of community-based agencies to develop and implement this program. L.1995, c.318, s.3; amended 2017, c.131, s.82.

N.J. Stat. § 26:2B-39 Rules, regulations

4. The commissioner shall adopt rules and regulations necessary to carry out the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1995,c.318,s.4.

N.J. Stat. § 26:2B-40 Licensing for certain residential drug treatment programs; rules, regulations.

1. a. A drug treatment program operating within a State correctional facility or county jail which meets or substantially meets the requirements for licensing as a residential drug treatment program shall be granted such license by the Division of Addiction Services in the Department of Human Services. b. A drug treatment program which the Director of the Division of Addiction Services determines does not meet or substantially meet the requirements for licensing as a residential drug treatment program shall be advised by the director, within 60 days of the determination, specifically as to which requirement or requirements the program failed to meet. If such drug treatment program addresses the deficiency or deficiencies and can meet or substantially meet the requirements, the program may reapply for licensure as a residential drug treatment program. c. The Commissioner of the Department of Human Services may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of this act. L.2014, c.1, s.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026