N.J. Stat. tit. 30, ch. 6C

N.J. Stat. tit. 30, ch. 6C
in effect

N.J. Stat. § 30:6C-1 Declaration of policy.

1. It is declared to be the public policy of this State that the human suffering and social and economic loss caused by substance use disorder are matters of grave concern to the people of the State and it is imperative that a comprehensive program be established and implemented through the facilities of the State, the several counties, the Federal Government and local and private agencies to prevent substance use disorder and to provide diagnosis, treatment, care and rehabilitation for persons who have substance use disorder to the end that these unfortunate individuals may be restored to good health and again become useful citizens in the community. L.1964, c. 226, s. 1; amended 2023, c.177, s.101.

N.J. Stat. § 30:6C-5 Admission for treatment; application; discharge.

5. A person over the age of 21 years believing himself or herself to be a person with a substance use disorder involving drugs may be admitted to any State or county institution, hospital, or facility certified by the commissioner as having special facilities for the care and treatment of persons with substance use disorders involving drugs and may receive treatment therein. An application for voluntary admission may be made on behalf of a person who believes himself or herself to be a person with a substance use disorder involving drugs, if the person is under the age of 21 years and unmarried, by a parent, guardian, next of kin, person standing in loco parentis, or by any person having care, custody, and control of such individual. If the superintendent or physician in charge of such hospital or facility certifies that it is in the best interest of the person with a substance use disorder involving drugs, the person may be retained therein for a period not exceeding 30 days for the purpose of care and treatment and thereafter until 15 days after receipt of notice in writing from such person, if the person is over the age of 21 years, or if the person is under such age, from the individual who applied on the person's behalf for admission, of intention to leave such hospital or facility. At any time prior thereto the superintendent or physician in charge upon filing a written certificate with the commissioner, may discharge the person with a substance use disorder involving drugs who is recovered, or for whom treatment in such facility or hospital is no longer suitable. L.1964, c.226, s.5; amended 2017, c.131, s.127.

N.J. Stat. § 30:6C-6 Conviction of certain offenses; probation on voluntary admission to hospital or other facility for care and treatment

Any individual adjudged a disorderly person under the provisions of N.J.S. 2A:170-8, or under the provisions of chapter 113, P.L.1962, shall be placed upon probation on condition that such individual immediately voluntarily admit himself to a State or county mental hospital or other similar facility designated by the Commissioner of Institutions and Agencies, there to receive medical and other care and treatment designed to effect a cure for his condition and his rehabilitation, and on condition that such individual upon release or discharge from such hospital or similar facility receive specialized medically oriented aftercare treatment for the balance of the time that the individual shall remain on probation. Such period of hospital treatment shall not exceed the maximum period of confinement prescribed by law for the offense of which the individual is convicted. If, prior to the expiration of the maximum term of confinement, the individual terminates medical treatment and leaves the hospital, he shall be returned to the court as a probation violator and the court may either commit him to a correctional institution until released in the manner provided by law or upon recommendation of the Commissioner of the Department of Institutions and Agencies commit him to a State or county mental hospital or similar facility designated by the commissioner, there to be confined for the period of time remaining if he had been sentenced to correctional confinement in the first instance, unless sooner released or discharged, in which event he shall return to a probation status. L.1964, c. 226, s. 6.

N.J. Stat. § 30:6C-7 Aftercare treatment; refusal to continue as violation of probation

Any individual released or discharged from a State or county mental hospital or similar facility after having been voluntarily admitted or committed thereto as a disorderly person as provided for herein, shall receive specialized medically oriented aftercare treatment for the balance of the time that the individual shall remain on probation. If the individual receiving aftercare treatment refuses to continue to receive such treatment and thus violates the condition of his probation, he shall be returned to the court for further disposition as provided for herein. L.1964, c. 226, s. 7.

N.J. Stat. § 30:6C-8 Establishment of aftercare clinics; incorporation in statewide drug abuse treatment and counseling clinics

Each of the several counties, or several counties on a joint cooperative basis, may establish a regional medically oriented clinic to provide aftercare treatment for individuals released or discharged from mental hospitals as provided for herein, or may enter into a contractual relationship with an existing public or private facility to provide such aftercare treatment. On and after July 1, 1971, any clinic theretofore or thereafter established shall become a part of the Statewide system established under this supplementary and amendatory act; provided, however, the board of chosen freeholders of a county in which any such clinic is then presently operating may provide by resolution for such clinic to continue to operate as an independent county agency with the cost therefor to be paid by said county. In such case, the particular clinic shall not become part of the Statewide system, but shall operate as an independent county agency under the direction and at the expense of the county in which it is located; provided, however, it shall conform to standards, rules and regulations promulgated by the commissioner. Thereafter, any such clinic operating as an independent county agency may become part of the Statewide system upon the approval by the commissioner of a resolution adopted by the board of chosen freeholders of such county requesting the commissioner to assume operation and control of such clinic. Copies of resolutions authorized by this section shall be forwarded to the commissioner within 10 days after adoption. Any county operating a clinic which becomes a part of the Statewide system established hereunder shall maintain, operate and make available to the Department of Health any building, space or other physical facility used by the county clinic for the continued use by the Department of Health at no cost for the Statewide system. Such building, space or other physical facility shall be so made available to the Department of Health at no cost to the Department or the State of New Jersey for a term of 5 years; provided, however, said term may be extended or decreased upon the written agreement of the Commissioner of Health and a resolution therefor by the board of chosen freeholders of the county in which said clinic is located. L.1964, c. 226, s. 8. Amended by L.1967, c. 130, s. 1, eff. June 26, 1967; L.1971, c. 128, s. 8, eff. July 1, 1971.

N.J. Stat. § 30:6C-9 Habeas corpus; effect of act on use of writ.

9. Nothing herein contained shall be deemed to restrict the use of the writ of habeas corpus. If a writ of habeas corpus is obtained on behalf of any person confined in a hospital or facility who is receiving treatment for a substance use disorder involving drugs, and if it appears at the hearing on the return of the writ that the condition of the person is such as to require further treatment for a substance use disorder involving drugs, then the person shall be remanded to the care and custody of a hospital or facility until such time as it appears that the person is no longer in need of institutional care or treatment for a substance use disorder involving drugs as provided in P.L.1964, c.226 (C.30:6C-1 et seq.) and may properly be discharged. L.1964, c.226, s.9; amended 2017, c.131, s.128.

N.J. Stat. § 30:6C-10 Repeals

"An act creating a permanent commission on narcotic control," approved January 11, 1954 (P.L.1953, c. 449) is repealed. L.1964, c. 226, s. 10.

N.J. Stat. § 30:6C-11 Findings, declarations relative to substance abuse recovery assistance.

1. The Legislature finds and declares that: a. According to the Centers for Disease Control and Prevention, the rate of heroin and opioid-related deaths in the United States has nearly tripled since 2010. b. New Jersey's overdose death rate is currently more than three times the national rate, and overdose is the leading cause of accidental death in the State. c. Data show that treatment for heroin and opioid addictions have become spread evenly across all of the State's demographics. d. Increasing access to treatment without fear of arrest or law enforcement action is essential to persuade those who suffer from addiction to receive the treatment they need. e. In certain parts of the State and in other jurisdictions, increased access to treatment has resulted from collaborative efforts of law enforcement, community professionals, and volunteers providing support to those who need additional assistance in seeking treatment. f. The establishment of law enforcement assisted addiction and recovery referral programs would provide additional support necessary to assist many of those who need treatment by encouraging those suffering from heroin and opioid addiction to seek recovery; helping to distribute life-saving drugs to prevent and treat overdoses; and connecting people suffering from heroin and opioid addiction with treatment programs and facilities. L.2016, c.58, s.1.

N.J. Stat. § 30:6C-12 Establishment of law enforcement assisted addiction and recovery referral program.

2. The Director of the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Attorney General, shall provide for the establishment, upon the request of the department or force, of a law enforcement assisted addiction and recovery referral program in accordance with section 5 of P.L.2016, c.58 (C.30:6C-15). In providing for the establishment of these programs, the director shall: a. prescribe by regulation requirements for a law enforcement department to establish, or otherwise authorize the operation within that department, of a law enforcement assisted substance use disorder recovery referral program; b. develop and implement guidelines for the recruitment and training of law enforcement officers and personnel, volunteers, and treatment providers to participate in the program, provided that law enforcement officers may refer or transport program participants to a program volunteer or to a treatment provider for substance use disorder recovery services, health care services, including mental health services, medication-assisted treatment services, and other substance use disorder treatment services but shall not be involved in the provision of such services; c. support and facilitate, to the maximum extent practicable, the linkage of law enforcement assisted substance use disorder recovery referral programs to facilities and programs that may provide appropriate substance use disorder recovery services, health care services, including mental health services, medication-assisted treatment services, and other substance use disorder treatment services to program participants; d. coordinate with law enforcement officials, personnel, and program volunteers to ensure that individuals seeking to participate in the program are treated with respect, care, and compassion; e. establish eligibility requirements for participation in the program which shall include, but not be limited to, the eligibility requirement set forth in the provisions of P.L.2016, c.58 (C.30:6C-11 et seq.); f. develop and implement procedures for determining eligibility to participate in the program, including, but not limited to, conducting a wanted person check pursuant to section 1 of P.L.2003, c.282 (C.30:4-91.3c) on each potential program participant; and g. provide procedures for maintaining the confidentiality of information pertaining to the identity, diagnosis, treatment and health information of any program participant. L.2016, c.58, s.2; amended 2023, c.177, s.102.

N.J. Stat. § 30:6C-13 Participation upon approval by governing body.

3. Upon approval by the governing body of the county or municipality, as the case may be, a county police department or force established pursuant to N.J.S.40A:14-106 or municipal police department or force established pursuant to N.J.S.40A:14-118 may participate in a law enforcement assisted substance use disorder recovery referral program established in accordance with P.L.2016, c.58 (C.30:6C-11 et seq.). Law enforcement officers participating in a law enforcement assisted substance use disorder recovery referral program established pursuant to this section may refer or transport program participants to a program volunteer for support, guidance and assistance, and may transport program participants to a treatment provider for substance use disorder recovery services or health care services, but shall not otherwise be involved in the provision of such services. L.2016, c.58, s.3; amended 2023, c.177, s.103.

N.J. Stat. § 30:6C-14 Determination of eligibility for participation.

4. a. For any individual who enters a law enforcement department seeking to participate in a law enforcement assisted addiction and recovery referral program, the chief law enforcement officer or a designee shall determine if the individual is currently under a sentence of probation. If an individual is determined to be on probation, any placement pursuant to the program shall be coordinated with the individual's probation officer. b. An individual shall be ineligible to participate in the program if: (1) the individual is required to register as a sex offender pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2); (2) the individual has an outstanding arrest warrant or pending criminal charges; (3) the individual is under 18 years of age and does not have the consent of a parent or guardian; or (4) the chief law enforcement officer or a designee expresses the reasonable belief that the officer, personnel, or others could be seriously harmed by the individual. c. If at any time the individual is determined to be in need of medical assistance, the law enforcement officer or personnel shall immediately seek emergency medical assistance for the individual. L.2016, c.58, s.4.

N.J. Stat. § 30:6C-15 Compliance with requirements.

5. A law enforcement assisted addiction and recovery referral program established pursuant to P.L.2016, c.58 (C.30:6C-11 et seq.) shall comply with the following requirements: a. Individuals who voluntarily enter a law enforcement department and request help with their addiction pursuant to the law enforcement assisted addiction and recovery referral program shall immediately be screened for eligibility to participate pursuant to the criteria set forth in section 4 of P.L.2016, c.58 (C.30:6C-14). b. Eligibility for participation is specifically and exclusively limited to individuals who voluntarily enter a law enforcement department to request assistance with their addiction. c. All law enforcement personnel having contact with an individual who enters a law enforcement department and requests assistance pursuant to the program shall be professional, compassionate, and understanding at all times. d. If, at the time of requesting assistance pursuant to the program or upon being accepted to participate in the program, an individual who is in possession of a controlled dangerous substance, controlled dangerous substance analog, or drug paraphernalia and advises a law enforcement officer of that possession and voluntarily surrenders the substance, analog or paraphernalia to the law enforcement officer shall not be arrested, charged, prosecuted or convicted for: (1) obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of a controlled dangerous substance or controlled substance analog pursuant to subsection a., b. or c. of N.J.S.2C:35-10; (2) acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13; (3) unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to section 9 of P.L.1999, c.90 (C.2C:35-24); or (4) using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for having under his control or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6. The materials shall be collected and secured for later destruction in accordance with established procedures. e. A person shall not question the individual in an effort to collect intelligence, determine the origins of any controlled dangerous substance, controlled dangerous substance analog, or drug paraphernalia relinquished by the individual, or take any other action which may discourage individuals from seeking to participate in the program without fear of arrest or law enforcement action; provided, however, that nothing in this subsection shall preclude the individual from voluntarily providing information concerning the origins of any controlled dangerous substance, controlled dangerous substance analog, or drug paraphernalia relinquished by the individual. f. The law enforcement officer or personnel having initial contact with the individual shall immediately notify the chief law enforcement officer or designee that an individual is requesting assistance with the individual's addiction. g. The chief law enforcement officer or designee shall initiate intake procedures and inform a program volunteer that an intake is occurring and request the volunteer to respond to the law enforcement department. The individual shall be notified of the volunteer's estimated arrival time. h. The volunteer shall provide emotional support and guidance to the individual, explore treatment options, and attempt to identify a program or facility which can assist the individual. If possible, the volunteer shall remain with the individual until the individual has been formally admitted to treatment, including at the law enforcement department, hospital, or intake location for the treatment facility. i. If the volunteer, after contacting all possible sources of treatment, is unable to place the individual, the volunteer shall give the individual a plan to continue attempting to obtain assistance prior to the individual leaving the law enforcement department. The volunteer shall make every effort to find a safe place for the individual upon departure. j. Participation in the program shall be voluntary. If an individual subsequently elects not to request assistance or continue with the program, the individual shall be permitted to depart. k. If at any time during participation in the program or attempting to participate in the program an individual who has relinquished a controlled dangerous substance, controlled dangerous substance analog, or drug paraphernalia withdraws the request for assistance or elects to discontinue participation in the program, the individual shall not be charged with a crime or offense for possessing the items they have already relinquished. l. Information pertaining to the identity, diagnosis, treatment or health of any program participant shall be confidential and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of P.L.2016, c.58 (C.30:6C-11 et seq.), or upon the express consent of the program participant, or as otherwise required by law or court order. L.2016, c.58, s.5.

N.J. Stat. § 30:6C-16 Immunity from liability.

6. a. A county or municipal entity, official or employee that approves participation in a law enforcement assisted addiction and recovery referral program in accordance with P.L.2016, c.58 (C.30:6C-11 et seq.), shall not, as a result of any acts or omissions, be subject to any criminal or civil liability related to approval of participation in the law enforcement assisted addiction and recovery referral program. b. A county or municipal law enforcement department, chief law enforcement officer, officer or personnel, volunteer or treatment provider, that participates in good faith in a law enforcement assisted addiction and recovery referral program in accordance with P.L.2016, c.58 (C.30:6C-11 et seq.), shall not, as a result of any acts or omissions, be subject to any criminal or civil liability related to participation in the law enforcement assisted addiction and recovery referral program. L.2016, c.58, s.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026