26:2B-33. Plan for community services
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 alcoholics and drug abusers, shall submit to the Deputy Commissioner for the Division of Alcoholism and Drug Abuse and the Governor's Council on Alcoholism and Drug Abuse an annual comprehensive plan for the provision of community services to meet the needs of alcoholics and drug abusers.
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 alcoholics and drug abusers and their families. Special attention in the plan shall be given to alcoholism and drug abuse and youth; drinking and drug abusing drivers; women and alcoholism and drug abuse; the disabled and alcoholism and drug abuse; alcoholism and drug abuse on the job; alcoholism and drug abuse 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 alcoholism and drug abuse agency and all programs shall be consistent with the annual comprehensive county plan submitted to the Deputy Commissioner for the Division of Alcoholism and Drug Abuse and the Governor's Council on Alcoholism and Drug Abuse pursuant to this section. Moneys dedicated to education from the fund shall be first allocated in an amount not to exceed 20% of the annual education allotment for the in-service training programs, which shall be conducted in each county through the office of the county alcoholism and drug abuse coordinator in consultation with the county superintendent of schools, local boards of education, local councils on alcoholism and drug abuse and institutions of higher learning, including the Rutgers University Center of Alcohol 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 educate about youth and drinking and using drugs. 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 alcoholics and drug abusers, shall establish a Local Advisory Committee on Alcoholism and Drug Abuse 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 recovering alcoholics and at least two of the members shall be recovering drug abusers. The committee shall include the county prosecutor or his designee, a wide range of public and private organizations involved in the treatment of alcohol and drug-related problems and other individuals with interest or experience in issues concerning alcohol and drug abuse. 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 Alcoholism and Drug Abuse shall organize and elect a chairman from among its members.
e. The Deputy Commissioner for the Division of Alcoholism and Drug Abuse shall review the county plan pursuant to a procedure developed by the deputy commissioner. In determining whether to approve an annual comprehensive plan under this act, the deputy commissioner shall consider whether the plan is designed to meet the goals and objectives of the "Alcoholism 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 deputy 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.
Wednesday, October 28, 2009
26:2B-32. Fund established
26:2B-32. Fund established
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% of the tax revenues, and from July 1, 1991 through June 30, 1992, with 53.3% 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% to rehabilitation, 15% to enforcement and 10% 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% to rehabilitation, 15% to enforcement and 10% 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 alcoholics and drug abusers and for expenditures according to the dedications provided herein.
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% of the tax revenues, and from July 1, 1991 through June 30, 1992, with 53.3% 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% to rehabilitation, 15% to enforcement and 10% 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% to rehabilitation, 15% to enforcement and 10% 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 alcoholics and drug abusers and for expenditures according to the dedications provided herein.
26:2B-31. Short title
26:2B-31. Short title
This act shall be known and may be cited as the "Alcoholism Treatment and Rehabilitation Act.
This act shall be known and may be cited as the "Alcoholism Treatment and Rehabilitation Act.
26:2B-30. Severability
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.
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.
26:2B-29. Repeal and prohibition of ordinance, resolution or other legislation on offense of public intoxication
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
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
26:2B-26. Laws, ordinances or regulations of local government on public intoxication or inconsistent with act; prohibition; exemptions
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.
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.
26:2B-21. Rights of person who received treatment at facility or alcoholic
26:2B-21. Rights of person who received treatment at facility or alcoholic
No person who has received treatment at a facility in accordance with the provisions of this act or person who is an alcoholic shall be denied any right or privilege under the Constitution of the United States or of the State for the reason that he has received treatment at a facility or that he is an alcoholic.
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.
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 Public Welfare, 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 alcoholism.
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 alcoholism.
No person who has received treatment at a facility in accordance with the provisions of this act or person who is an alcoholic shall be denied any right or privilege under the Constitution of the United States or of the State for the reason that he has received treatment at a facility or that he is an alcoholic.
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.
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 Public Welfare, 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 alcoholism.
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 alcoholism.
26:2B-19. Rights of juveniles
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.
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.
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.
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.
2:2B-18. Person under treatment at facility; subjection to supervisory powers of administrator
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.
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.
26:2B-17. Violators of municipal ordinance or disorderly persons not arrested for misdemeanor; taking to facility; determination of alcoholism; com
26:2B-17. Violators of municipal ordinance or disorderly persons not arrested for misdemeanor; taking to facility; determination of alcoholism; commitment; request; stay of criminal proceeding; hearing; treatment; discharge; report to court; sentence; credits
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 he 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, be shall be informed by the administrator that if he is an alcoholic who would benefit by treatment he may, in the discretion of the court, be afforded treatment in lieu of prosecution, and that if he so chooses he may be examined at the facility for the purpose of determining whether he is an alcoholic who would benefit by treatment. If the person requests an examination, he 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 him 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 him that he is entitled to request a medical examination to determine whether or not he is an alcoholic if he 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 he is an alcoholic 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 an alcoholic who would benefit by treatment. The physician shall report his 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 3 days after the completion of the examination.
If the physician reports that the defendant is an alcoholic who would benefit by treatment, the court shall inform the defendant that he may request commitment to the division and advise him of the consequences of the commitment.
If the defendant requests commitment, and if the court finds that the defendant is an alcoholic 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 an alcoholic who would benefit by treatment, the defendant shall be entitled to request a hearing to determine whether he is an alcoholic who would benefit by treatment. Thereupon the court may, of its own motion, or shall upon the request of the defendant or his counsel, appoint an independent physician to examine the defendant and to testify at the hearing. If the court determines that the defendant is an alcoholic 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 an alcoholic 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 he 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 he 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 him to be admitted if at any time the administrator determines that treatment will no longer benefit him; 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 his conclusion. In reaching his 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 him during his 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 him 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.
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 he 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, be shall be informed by the administrator that if he is an alcoholic who would benefit by treatment he may, in the discretion of the court, be afforded treatment in lieu of prosecution, and that if he so chooses he may be examined at the facility for the purpose of determining whether he is an alcoholic who would benefit by treatment. If the person requests an examination, he 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 him 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 him that he is entitled to request a medical examination to determine whether or not he is an alcoholic if he 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 he is an alcoholic 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 an alcoholic who would benefit by treatment. The physician shall report his 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 3 days after the completion of the examination.
If the physician reports that the defendant is an alcoholic who would benefit by treatment, the court shall inform the defendant that he may request commitment to the division and advise him of the consequences of the commitment.
If the defendant requests commitment, and if the court finds that the defendant is an alcoholic 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 an alcoholic who would benefit by treatment, the defendant shall be entitled to request a hearing to determine whether he is an alcoholic who would benefit by treatment. Thereupon the court may, of its own motion, or shall upon the request of the defendant or his counsel, appoint an independent physician to examine the defendant and to testify at the hearing. If the court determines that the defendant is an alcoholic 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 an alcoholic 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 he 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 he 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 him to be admitted if at any time the administrator determines that treatment will no longer benefit him; 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 his conclusion. In reaching his 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 him during his 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 him 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.
26:2B-16. Person intoxicated in public place; assistance to facility; determination of intoxication
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.
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.
26:2B-15. Intoxicated persons or alcoholics; admission for treatment by facilities; duration; notice to family
26:2B-15. Intoxicated persons or alcoholics; admission for treatment by facilities; duration; notice to family
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 may be afforded treatment at an intoxication treatment center or other facility. Any person who is an alcoholic 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 an alcoholic, and adequate and appropriate treatment is available, he shall be admitted. 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 his residence, or, if he has no residence, to a place where shelter will be provided him.
Any person admitted to a facility may receive treatment at the facility for as long as he wishes to remain at the facility or until the administrator determines that treatment will no longer benefit him; provided, however, that any person who at the time of admission is intoxicated and is incapacitated, shall remain at the facility until he is no longer incapacitated, but in no event shall he be required to remain for a period greater than 48 hours.
When a person is admitted to a facility, his family shall be notified as soon thereafter as possible. If a patient who is not incapacitated requests that notification not be given, his request shall be respected except if a person is a juvenile in which case his family or legal guardian shall be notified.
The manner in which any person is transported either from one facility to another or from a facility to his residence and the financing thereof shall be determined by the director in accordance with rules and regulations promulgated by the department.
Upon discharge from or upon leaving a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment.
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 may be afforded treatment at an intoxication treatment center or other facility. Any person who is an alcoholic 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 an alcoholic, and adequate and appropriate treatment is available, he shall be admitted. 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 his residence, or, if he has no residence, to a place where shelter will be provided him.
Any person admitted to a facility may receive treatment at the facility for as long as he wishes to remain at the facility or until the administrator determines that treatment will no longer benefit him; provided, however, that any person who at the time of admission is intoxicated and is incapacitated, shall remain at the facility until he is no longer incapacitated, but in no event shall he be required to remain for a period greater than 48 hours.
When a person is admitted to a facility, his family shall be notified as soon thereafter as possible. If a patient who is not incapacitated requests that notification not be given, his request shall be respected except if a person is a juvenile in which case his family or legal guardian shall be notified.
The manner in which any person is transported either from one facility to another or from a facility to his residence and the financing thereof shall be determined by the director in accordance with rules and regulations promulgated by the department.
Upon discharge from or upon leaving a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment.
26:2B-14. Facilities; license; rules and regulations; filing information; refusal to grant, suspension, revocation, limitation or restriction; h
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
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 2 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, 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;
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, 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, 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 2 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 2 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 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 alcoholism.
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 2 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, 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;
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, 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, 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 2 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 2 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 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 alcoholism.
26:2B-13. Powers of department
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 this act; 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 alcoholics 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 alcoholism 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 alcoholism;
h. Cooperate with the Department of Human Services in establishing and conducting a program for the prevention and treatment of alcoholism 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 alcoholism among juveniles and young adults;
j. Prepare, publish and disseminate educational materials dealing with the prevention, nature and effects of alcoholism and the benefits of treatment;
k. Develop and implement an ongoing system of collecting, analyzing and distributing statistics on the incidence and prevalence of alcoholism, 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 Division of Motor Vehicles, 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 alcoholism 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 alcoholics;
n. Approve and license public and private facilities in accordance with section 8;
o. Promulgate rules and regulations for the exercise of its powers and the performance of its duties under this act;
p. Do all other acts and things necessary or convenient to carry out the powers expressly granted in this act.
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 this act; 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 alcoholics 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 alcoholism 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 alcoholism;
h. Cooperate with the Department of Human Services in establishing and conducting a program for the prevention and treatment of alcoholism 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 alcoholism among juveniles and young adults;
j. Prepare, publish and disseminate educational materials dealing with the prevention, nature and effects of alcoholism and the benefits of treatment;
k. Develop and implement an ongoing system of collecting, analyzing and distributing statistics on the incidence and prevalence of alcoholism, 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 Division of Motor Vehicles, 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 alcoholism 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 alcoholics;
n. Approve and license public and private facilities in accordance with section 8;
o. Promulgate rules and regulations for the exercise of its powers and the performance of its duties under this act;
p. Do all other acts and things necessary or convenient to carry out the powers expressly granted in this act.
26:2B-12. Program for treatment; facilities; services; annual list; publication
26:2B-12. Program for treatment; facilities; services; annual list; publication
The department shall take cognizance of all matters affecting alcoholism in the State and shall establish and conduct a program for the treatment of intoxicated persons and alcoholics.
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 alcoholics, 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 this act 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 this act 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 this act 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.
The department shall take cognizance of all matters affecting alcoholism in the State and shall establish and conduct a program for the treatment of intoxicated persons and alcoholics.
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 alcoholics, 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 this act 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 this act 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 this act 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.
26:2B-11. Comprehensive state plan for treatment
26:2B-11. Comprehensive state plan for treatment
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 alcoholics, 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.
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 alcoholics, 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.
26:2B-9.3 Regulations.
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.
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.
26:2B-9.2 "Alcohol Treatment Programs Fund."
26:2B-9.2 "Alcohol Treatment Programs Fund."
2. a. There is created within the Department of Health and Senior Services 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 Director of the Division of Addiction Services in the Department of Health and Senior Services, to programs that provide treatment for alcoholism, alcohol abuse 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.
2. a. There is created within the Department of Health and Senior Services 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 Director of the Division of Addiction Services in the Department of Health and Senior Services, to programs that provide treatment for alcoholism, alcohol abuse 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.
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 alcoholi
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
The Bureau of Alcohol Countermeasures in the Division of Motor Vehicles in the Department of Law and Public Safety is transferred to the Division of Alcoholism in the Department of Health, pursuant to the provisions of the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.).
The Bureau of Alcohol Countermeasures in the Division of Motor Vehicles in the Department of Law and Public Safety is transferred to the Division of Alcoholism in the Department of Health, pursuant to the provisions of the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.).
26:2B-8. Definitions
26:2B-8. Definitions
The following words as used in this act 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.
"Alcoholic" means any person who chronically, habitually or periodically consumes alcoholic beverages to the extent that: a. such use substantially injures his health or substantially interferes with his social or economic functioning in the community on a continuing basis, or b. he has lost the power of self-control with respect to the use of such beverages.
"Authorized persons" means persons who serve as volunteer first aid or ambulance squad members, para-professional medical personnel and rehabilitated alcoholics.
"Commissioner" means the Commissioner of Health.
"Department" means the State Department of Health.
"Director" means the Director of the Division of Alcoholism.
"Division" means the Division of Alcoholism.
"Facility" means any public, private place, or portion thereof providing services especially designed for the treatment of intoxicated persons or alcoholics; 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 his judgment so impaired that he is incapable of realizing and making a rational decision with respect to his 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 of New Jersey 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.
"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 alcoholics, including, but not limited to, medical, psychiatric, psychological, vocational, educational, recreational, and social services and programs.
L.1975, c. 305, s. 2.
26:2B-9. Division of alcoholism; establishment; director; assistant; officers and employees
There is hereby established in the Department of Health a Division of Alcoholism under the direction of a division director. The director 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 suffering from behavioral disorders or medical-social problems.
There shall be an assistant to the director, who shall have experience in the field of alcoholism.
The director and his assistant shall be appointed by the commissioner, with the consent of the public health council.
The commissioner shall appoint and may remove such officers and employees of the division as he 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 alcoholics or intoxicated persons. The commissioner may establish such other positions in the division and employ such consultants as he may deem appropriate. Except as otherwise provided by law, all offices and positions in the division shall be subject to the provisions of Title 11, Civil Service; provided, however, that the provisions of said title shall not apply to the director, 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 11, Civil Service, if such Federal standards are uniform in all states.
The following words as used in this act 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.
"Alcoholic" means any person who chronically, habitually or periodically consumes alcoholic beverages to the extent that: a. such use substantially injures his health or substantially interferes with his social or economic functioning in the community on a continuing basis, or b. he has lost the power of self-control with respect to the use of such beverages.
"Authorized persons" means persons who serve as volunteer first aid or ambulance squad members, para-professional medical personnel and rehabilitated alcoholics.
"Commissioner" means the Commissioner of Health.
"Department" means the State Department of Health.
"Director" means the Director of the Division of Alcoholism.
"Division" means the Division of Alcoholism.
"Facility" means any public, private place, or portion thereof providing services especially designed for the treatment of intoxicated persons or alcoholics; 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 his judgment so impaired that he is incapable of realizing and making a rational decision with respect to his 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 of New Jersey 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.
"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 alcoholics, including, but not limited to, medical, psychiatric, psychological, vocational, educational, recreational, and social services and programs.
L.1975, c. 305, s. 2.
26:2B-9. Division of alcoholism; establishment; director; assistant; officers and employees
There is hereby established in the Department of Health a Division of Alcoholism under the direction of a division director. The director 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 suffering from behavioral disorders or medical-social problems.
There shall be an assistant to the director, who shall have experience in the field of alcoholism.
The director and his assistant shall be appointed by the commissioner, with the consent of the public health council.
The commissioner shall appoint and may remove such officers and employees of the division as he 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 alcoholics or intoxicated persons. The commissioner may establish such other positions in the division and employ such consultants as he may deem appropriate. Except as otherwise provided by law, all offices and positions in the division shall be subject to the provisions of Title 11, Civil Service; provided, however, that the provisions of said title shall not apply to the director, 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 11, Civil Service, if such Federal standards are uniform in all states.
Tuesday, October 27, 2009
17:29A-35.1. Surcharge debts of driver extinguished upon death
17:29A-35.1. Surcharge debts of driver extinguished upon death
1.Notwithstanding the provisions or any law, rule or regulation to the contrary, upon the death of a driver on whom surcharges have been levied by the Division of Motor Vehicles pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), any debt established by the imposition of those surcharges is extinguished and the division, or any agent or representative thereof, shall cease to seek payment of that debt.
Whenever the division is unable to obtain a death certificate from a person representing the estate of any driver on whom surcharges have been levied and who was a resident of the State, the division shall obtain a copy of the death certificate by contacting the State registrar of vital statistics in the Department of Health and Senior Services and, in these cases, the division shall not require the estate of the driver to furnish a death certificate.
1.Notwithstanding the provisions or any law, rule or regulation to the contrary, upon the death of a driver on whom surcharges have been levied by the Division of Motor Vehicles pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), any debt established by the imposition of those surcharges is extinguished and the division, or any agent or representative thereof, shall cease to seek payment of that debt.
Whenever the division is unable to obtain a death certificate from a person representing the estate of any driver on whom surcharges have been levied and who was a resident of the State, the division shall obtain a copy of the death certificate by contacting the State registrar of vital statistics in the Department of Health and Senior Services and, in these cases, the division shall not require the estate of the driver to furnish a death certificate.
17:29A-35 Motor Vehicle Violations Surcharge System.
17:29A-35 Motor Vehicle Violations Surcharge System.
6. a. (Deleted by amendment, P.L.1997, c.151.)
b.There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall include, but not be limited to, the following provisions:
(1) (a) Surcharges shall be levied, beginning on or after January 1, 1984, by the New Jersey Motor Vehicle Commission (hereinafter the "commission") established by section 4 of P.L.2003, c.13 (C.39:2A-4) on any driver who, in the preceding 36-month period, has accumulated six or more motor vehicle points, as provided in Title 39 of the Revised Statutes; except that the allowance for a reduction of points in Title 39 of the Revised Statutes shall not apply for the purpose of determining surcharges under this paragraph. The accumulation of points shall be calculated as of the date the point violation is posted to the driver history record and shall be levied pursuant to rules promulgated by the commission. Surcharges assessed pursuant to this paragraph shall be $150.00 for six points, and $25.00 for each additional point. No offense shall be selected for billing which occurred prior to February 10, 1983. No offense shall be considered for billing in more than three annual assessments.
(b)(Deleted by amendment, P.L.1984, c.1.)
(2) (a) Surcharges shall be levied pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for each offense of unsafe driving under subsection a. of that section.
(b)Surcharges shall be levied for convictions (i) under R.S.39:4-50 for violations occurring on or after February 10, 1983, and (ii) under section 2 of P.L.1981, c.512 (C.39:4-50.4a), or for offenses committed in other jurisdictions of a substantially similar nature to those under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), for violations occurring on or after January 26, 1984. Except as hereinafter provided, surcharges under this subparagraph (b) shall be levied annually for a three-year period, and shall be $1,000.00 per year for each of the first two convictions, for a total surcharge of $3,000 for each conviction, and $1,500.00 per year for the third conviction occurring within a three-year period, for a total surcharge of $4,500 for the third conviction. If a driver is convicted under both R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a) for offenses arising out of the same incident, the driver shall be assessed only one surcharge for the two offenses.
If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
The commission may authorize any person to pay the surcharge levied under this section and collectible by the commission by use of a credit card, debit card or other electronic payment device, and the administrator is authorized to require the person to pay all costs incurred by the commission in connection with the acceptance of the credit card, debit card or other electronic payment device. If a surcharge or related administrative fee is paid by credit or debit cards or any other electronic payment device and the amount is subsequently reversed by the credit card company or bank, the driving privilege of the surcharged driver shall be suspended and the driver shall be subject to the fee imposed for dishonored checks pursuant to section 31 of P.L.1994, c.60 (C.39:5-36.1).
In addition to any other remedy provided by law, the commission is authorized to utilize the provisions of the SOIL (Set off of Individual Liability) program established pursuant to P.L.1981, c.239 (C.54A:9-8.1 et seq.) to collect any surcharge levied under this section and collectible by the commission that is unpaid on or after the effective date of this act. As an additional remedy, the commission may issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this surcharge law in such amount as shall be stated in the certificate. The certificate shall reference the statute under which the indebtedness arises. Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments the name of such person as debtor; the State as creditor; the address of such person, if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the surcharge is assessed, and the date of making such entries. The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the commission shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal. Upon entry by the clerk of the certificate in the record of docketed judgments in accordance with this provision, interest in the amount specified by the court rules for post-judgment interest shall accrue from the date of the docketing of the certificate, however payment of the interest may be waived by the commission or its designee. In the event that the surcharge remains unpaid following the issuance of the certificate of debt and the commission takes any further collection action including referral of the matter to the Attorney General or his designee, the fee imposed, in lieu of the actual cost of collection, may be 20 percent of surcharges of $1,000 or more. The administrator or his designee may establish a sliding scale, not to exceed a maximum amount of $200, for surcharge principal amounts of less than $1,000 at the time the certificate of debt is forwarded to the Superior Court for filing. The commission shall provide written notification to a driver of the proposed filing of the certificate of debt at least 10 days prior to the proposed filing; such notice shall be mailed to the driver's last address of record with the commission. Upon the filing of a certificate of debt with the Clerk of the Superior Court, the surcharged driver shall not be eligible for the restoration of his driving privilege until at least five percent of each outstanding surcharge assessment that has resulted in the suspension, including interest and costs, if any, is paid to the commission. If a certificate of debt is satisfied following a credit card payment, debit card payment or payment by other electronic payment device and that payment is reversed, a new certificate of debt shall be filed against the surcharged driver unless the original is reinstated.
If the administrator or his designee approves a special payment plan, of such duration as the administrator or his designee deems appropriate, for repayment of the certificate of debt, and the driver is complying with the approved plan, the plan may be continued for any new surcharge not part of the certificate of debt.
All moneys collectible by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be billed and collected by the commission except as provided in P.L.1997, c.280 (C.2B:19-10 et al.) for the collection of unpaid surcharges. Commencing on September 1, 1996, or such earlier time as the Commissioner of Banking and Insurance shall certify to the State Treasurer that amounts on deposit in the New Jersey Automobile Insurance Guaranty Fund are sufficient to satisfy the current and anticipated financial obligations of the New Jersey Automobile Full Insurance Underwriting Association, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be remitted to the Division of Motor Vehicles Surcharge Fund:
(i)for transfer to the Market Transition Facility Revenue Fund, as provided in section 12 of P.L.1994, c.57 (C.34:1B-21.12), for the purposes of section 4 of P.L.1994, c.57 (C.34:1B-21.4) until such a time as all the Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to that section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding; and
(ii)from and after the date of certification by the Commissioner of Banking and Insurance that the moneys collectible under subparagraph (b) of paragraph (2) of this subsection b. are no longer needed to fund the association or at such time as all Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding, for transfer to the Motor Vehicle Surcharges Revenue Fund established pursuant to section 6 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.28) to be applied as set forth in section 6 that act. From and after such time as all bonds issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26) and the costs thereof are discharged and no longer outstanding, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall, subject to appropriation, be remitted to the New Jersey Property-Liability Insurance Guaranty Association created pursuant to section 6 of P.L.1974, c.17 (C.17:30A-6) to be used for payment of any loans made by that association to the New Jersey Automobile Insurance Guaranty Fund pursuant to paragraph (10) of subsection a. of section 8 of P.L.1974, c.17 (C.17:30A-8); provided that all such payments shall be subject to and dependent upon appropriation by the State Legislature.
All surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. shall be forwarded not less frequently than monthly to the Division of Revenue. The Division of Revenue shall transfer: all such surcharges received prior to July 1, 2006, to the General Fund, and commencing July 1, 2006, all such surcharges to the Unsafe Driving Surcharge Revenue Fund established pursuant to section 5 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.27) to be applied as set forth in section 5 of that act. From and after such time as all bonds (including refunding bonds), notes and other obligations issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26), and the costs thereof are discharged and no longer outstanding, all such surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. and forwarded to the Division of Revenue shall be transferred to the General Fund.
Upon request, the Administrative Office of the Courts shall provide a monthly report to the Division of Revenue containing information on the number of convictions for the offense of unsafe driving pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) that were entered during such month, the amount of the surcharges that were assessed by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for such month, and the amount of the surcharges collected by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) during such month.
(3)In addition to any other authority provided in P.L.1983, c.65 (C.17:29A-33 et al.), the commissioner, after consultation with the commission, is specifically authorized (a) (Deleted by amendment, P.L.1994, c.64), (b) to impose, in accordance with subparagraph (a) of paragraph (1) of this subsection b., surcharges for motor vehicle violations or convictions for which motor vehicle points are not assessed under Title 39 of the Revised Statutes, or (c) to reduce the number of points for which surcharges may be assessed below the level provided in subparagraph (a) of paragraph (1) of this subsection b., except that the dollar amount of all surcharges levied under the Motor Vehicle Violations Surcharge System shall be uniform on a Statewide basis for each filer, without regard to classification or territory. Surcharges adopted by the commissioner on or after January 1, 1984 for motor vehicle violations or convictions for which motor vehicle points are not assessable under Title 39 of the Revised Statutes shall not be retroactively applied but shall take effect on the date of the New Jersey Register in which notice of adoption appears or the effective date set forth in that notice, whichever is later.
c.No motor vehicle violation surcharges shall be levied on an automobile insurance policy issued or renewed on or after January 1, 1984, except in accordance with the Motor Vehicle Violations Surcharge System, and all surcharges levied thereunder shall be assessed, collected and distributed in accordance with subsection b. of this section.
d.(Deleted by amendment, P.L.1990, c.8.)
e.The Commissioner of Banking and Insurance and the commission as may be appropriate, shall adopt any rules and regulations necessary or appropriate to effectuate the purposes of this section.
L.1983, c.65, s.6; amended 1984, c.1, s.2; 1985, c.520, ss.1,2; 1986, c.211, s.8; 1988, c.156, s.9; 1990, c.8, s.35; 1994, c.57, s.20; 1994, c.64, s.1; 1997, c.151, s.30; 1997, c.280, s.5; 2003, c.13, s.31; 2004, c.70, s.10; 2007, c.282.
6. a. (Deleted by amendment, P.L.1997, c.151.)
b.There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall include, but not be limited to, the following provisions:
(1) (a) Surcharges shall be levied, beginning on or after January 1, 1984, by the New Jersey Motor Vehicle Commission (hereinafter the "commission") established by section 4 of P.L.2003, c.13 (C.39:2A-4) on any driver who, in the preceding 36-month period, has accumulated six or more motor vehicle points, as provided in Title 39 of the Revised Statutes; except that the allowance for a reduction of points in Title 39 of the Revised Statutes shall not apply for the purpose of determining surcharges under this paragraph. The accumulation of points shall be calculated as of the date the point violation is posted to the driver history record and shall be levied pursuant to rules promulgated by the commission. Surcharges assessed pursuant to this paragraph shall be $150.00 for six points, and $25.00 for each additional point. No offense shall be selected for billing which occurred prior to February 10, 1983. No offense shall be considered for billing in more than three annual assessments.
(b)(Deleted by amendment, P.L.1984, c.1.)
(2) (a) Surcharges shall be levied pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for each offense of unsafe driving under subsection a. of that section.
(b)Surcharges shall be levied for convictions (i) under R.S.39:4-50 for violations occurring on or after February 10, 1983, and (ii) under section 2 of P.L.1981, c.512 (C.39:4-50.4a), or for offenses committed in other jurisdictions of a substantially similar nature to those under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), for violations occurring on or after January 26, 1984. Except as hereinafter provided, surcharges under this subparagraph (b) shall be levied annually for a three-year period, and shall be $1,000.00 per year for each of the first two convictions, for a total surcharge of $3,000 for each conviction, and $1,500.00 per year for the third conviction occurring within a three-year period, for a total surcharge of $4,500 for the third conviction. If a driver is convicted under both R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a) for offenses arising out of the same incident, the driver shall be assessed only one surcharge for the two offenses.
If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
The commission may authorize any person to pay the surcharge levied under this section and collectible by the commission by use of a credit card, debit card or other electronic payment device, and the administrator is authorized to require the person to pay all costs incurred by the commission in connection with the acceptance of the credit card, debit card or other electronic payment device. If a surcharge or related administrative fee is paid by credit or debit cards or any other electronic payment device and the amount is subsequently reversed by the credit card company or bank, the driving privilege of the surcharged driver shall be suspended and the driver shall be subject to the fee imposed for dishonored checks pursuant to section 31 of P.L.1994, c.60 (C.39:5-36.1).
In addition to any other remedy provided by law, the commission is authorized to utilize the provisions of the SOIL (Set off of Individual Liability) program established pursuant to P.L.1981, c.239 (C.54A:9-8.1 et seq.) to collect any surcharge levied under this section and collectible by the commission that is unpaid on or after the effective date of this act. As an additional remedy, the commission may issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this surcharge law in such amount as shall be stated in the certificate. The certificate shall reference the statute under which the indebtedness arises. Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments the name of such person as debtor; the State as creditor; the address of such person, if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the surcharge is assessed, and the date of making such entries. The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the commission shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal. Upon entry by the clerk of the certificate in the record of docketed judgments in accordance with this provision, interest in the amount specified by the court rules for post-judgment interest shall accrue from the date of the docketing of the certificate, however payment of the interest may be waived by the commission or its designee. In the event that the surcharge remains unpaid following the issuance of the certificate of debt and the commission takes any further collection action including referral of the matter to the Attorney General or his designee, the fee imposed, in lieu of the actual cost of collection, may be 20 percent of surcharges of $1,000 or more. The administrator or his designee may establish a sliding scale, not to exceed a maximum amount of $200, for surcharge principal amounts of less than $1,000 at the time the certificate of debt is forwarded to the Superior Court for filing. The commission shall provide written notification to a driver of the proposed filing of the certificate of debt at least 10 days prior to the proposed filing; such notice shall be mailed to the driver's last address of record with the commission. Upon the filing of a certificate of debt with the Clerk of the Superior Court, the surcharged driver shall not be eligible for the restoration of his driving privilege until at least five percent of each outstanding surcharge assessment that has resulted in the suspension, including interest and costs, if any, is paid to the commission. If a certificate of debt is satisfied following a credit card payment, debit card payment or payment by other electronic payment device and that payment is reversed, a new certificate of debt shall be filed against the surcharged driver unless the original is reinstated.
If the administrator or his designee approves a special payment plan, of such duration as the administrator or his designee deems appropriate, for repayment of the certificate of debt, and the driver is complying with the approved plan, the plan may be continued for any new surcharge not part of the certificate of debt.
All moneys collectible by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be billed and collected by the commission except as provided in P.L.1997, c.280 (C.2B:19-10 et al.) for the collection of unpaid surcharges. Commencing on September 1, 1996, or such earlier time as the Commissioner of Banking and Insurance shall certify to the State Treasurer that amounts on deposit in the New Jersey Automobile Insurance Guaranty Fund are sufficient to satisfy the current and anticipated financial obligations of the New Jersey Automobile Full Insurance Underwriting Association, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be remitted to the Division of Motor Vehicles Surcharge Fund:
(i)for transfer to the Market Transition Facility Revenue Fund, as provided in section 12 of P.L.1994, c.57 (C.34:1B-21.12), for the purposes of section 4 of P.L.1994, c.57 (C.34:1B-21.4) until such a time as all the Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to that section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding; and
(ii)from and after the date of certification by the Commissioner of Banking and Insurance that the moneys collectible under subparagraph (b) of paragraph (2) of this subsection b. are no longer needed to fund the association or at such time as all Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding, for transfer to the Motor Vehicle Surcharges Revenue Fund established pursuant to section 6 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.28) to be applied as set forth in section 6 that act. From and after such time as all bonds issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26) and the costs thereof are discharged and no longer outstanding, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall, subject to appropriation, be remitted to the New Jersey Property-Liability Insurance Guaranty Association created pursuant to section 6 of P.L.1974, c.17 (C.17:30A-6) to be used for payment of any loans made by that association to the New Jersey Automobile Insurance Guaranty Fund pursuant to paragraph (10) of subsection a. of section 8 of P.L.1974, c.17 (C.17:30A-8); provided that all such payments shall be subject to and dependent upon appropriation by the State Legislature.
All surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. shall be forwarded not less frequently than monthly to the Division of Revenue. The Division of Revenue shall transfer: all such surcharges received prior to July 1, 2006, to the General Fund, and commencing July 1, 2006, all such surcharges to the Unsafe Driving Surcharge Revenue Fund established pursuant to section 5 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.27) to be applied as set forth in section 5 of that act. From and after such time as all bonds (including refunding bonds), notes and other obligations issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26), and the costs thereof are discharged and no longer outstanding, all such surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. and forwarded to the Division of Revenue shall be transferred to the General Fund.
Upon request, the Administrative Office of the Courts shall provide a monthly report to the Division of Revenue containing information on the number of convictions for the offense of unsafe driving pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) that were entered during such month, the amount of the surcharges that were assessed by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for such month, and the amount of the surcharges collected by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) during such month.
(3)In addition to any other authority provided in P.L.1983, c.65 (C.17:29A-33 et al.), the commissioner, after consultation with the commission, is specifically authorized (a) (Deleted by amendment, P.L.1994, c.64), (b) to impose, in accordance with subparagraph (a) of paragraph (1) of this subsection b., surcharges for motor vehicle violations or convictions for which motor vehicle points are not assessed under Title 39 of the Revised Statutes, or (c) to reduce the number of points for which surcharges may be assessed below the level provided in subparagraph (a) of paragraph (1) of this subsection b., except that the dollar amount of all surcharges levied under the Motor Vehicle Violations Surcharge System shall be uniform on a Statewide basis for each filer, without regard to classification or territory. Surcharges adopted by the commissioner on or after January 1, 1984 for motor vehicle violations or convictions for which motor vehicle points are not assessable under Title 39 of the Revised Statutes shall not be retroactively applied but shall take effect on the date of the New Jersey Register in which notice of adoption appears or the effective date set forth in that notice, whichever is later.
c.No motor vehicle violation surcharges shall be levied on an automobile insurance policy issued or renewed on or after January 1, 1984, except in accordance with the Motor Vehicle Violations Surcharge System, and all surcharges levied thereunder shall be assessed, collected and distributed in accordance with subsection b. of this section.
d.(Deleted by amendment, P.L.1990, c.8.)
e.The Commissioner of Banking and Insurance and the commission as may be appropriate, shall adopt any rules and regulations necessary or appropriate to effectuate the purposes of this section.
L.1983, c.65, s.6; amended 1984, c.1, s.2; 1985, c.520, ss.1,2; 1986, c.211, s.8; 1988, c.156, s.9; 1990, c.8, s.35; 1994, c.57, s.20; 1994, c.64, s.1; 1997, c.151, s.30; 1997, c.280, s.5; 2003, c.13, s.31; 2004, c.70, s.10; 2007, c.282.
Monday, October 19, 2009
NJAC 13:20-1.1 Definitions [Tinted windows]
§NJAC 13:20-1.1 Definitions [Tinted windows]
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Action spectra" means those portions of the electromagnetic spectrum, such as UVA, UVB, near UV, and visible light, which elicit an adverse medical condition as specified in N.J.S.A. 39:3-75.1 and this subchapter.
"AS-1 line" means the mark at the edge of a sheet of glazing material that delineates the area of the windshield requisite for driving visibility and indicates that portion of the sheet of glazing material having a luminous transmittance of not less than 70 percent.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Clear film" means a material that, when applied over factory-installed glazing, has a neutral gray appearance.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (N.J.S.A. 39:2A-4).
"Near UV" means the portion of the visible electromagnetic spectrum that appears violet to blue in color, having wavelengths that range from 400 nanometers to 492 nanometers.
"Optical properties" means the percentage of visible light and/or UV transmittance, visible light reflection, and other parameters of approved sun-screening materials and products as supplied by the manufacturer and installed or applied by registered sun-screening material installation facilities.
"Reflectance" means the percentage of visible light reflected by the sun-screening material or product.
"Tinted film" means a material of any color that is applied over factory-installed glazing.
"Transmittance" means the percentage of visible light and/or UV radiation that passes through a sun-screening material or product and the factory-installed glazing to which it is attached.
"Ultraviolet" or "UV" means the ultraviolet portion of the electromagnetic spectrum, having wavelengths that range from 290 nanometers to 400 nanometers.
"UVA" means the portion of the UV spectrum that ranges from 320 nanometers to 400 nanometers in wavelength.
"UVB" means the portion of the UV spectrum that ranges from 290 nanometers to 320 nanometers in wavelength.
"Visible light" means that portion of the electromagnetic spectrum that is directly observable, having wavelengths that range from 400 nanometers to 760 nanometers with a corresponding appearance of violet to red in color.
HISTORY:
Amended by R.2006 d.249, effective July 3, 2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Added definitions "Chief Administrator" and "Motor Vehicle Commission"; and deleted definitions "Director" and "Division".
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Action spectra" means those portions of the electromagnetic spectrum, such as UVA, UVB, near UV, and visible light, which elicit an adverse medical condition as specified in N.J.S.A. 39:3-75.1 and this subchapter.
"AS-1 line" means the mark at the edge of a sheet of glazing material that delineates the area of the windshield requisite for driving visibility and indicates that portion of the sheet of glazing material having a luminous transmittance of not less than 70 percent.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Clear film" means a material that, when applied over factory-installed glazing, has a neutral gray appearance.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (N.J.S.A. 39:2A-4).
"Near UV" means the portion of the visible electromagnetic spectrum that appears violet to blue in color, having wavelengths that range from 400 nanometers to 492 nanometers.
"Optical properties" means the percentage of visible light and/or UV transmittance, visible light reflection, and other parameters of approved sun-screening materials and products as supplied by the manufacturer and installed or applied by registered sun-screening material installation facilities.
"Reflectance" means the percentage of visible light reflected by the sun-screening material or product.
"Tinted film" means a material of any color that is applied over factory-installed glazing.
"Transmittance" means the percentage of visible light and/or UV radiation that passes through a sun-screening material or product and the factory-installed glazing to which it is attached.
"Ultraviolet" or "UV" means the ultraviolet portion of the electromagnetic spectrum, having wavelengths that range from 290 nanometers to 400 nanometers.
"UVA" means the portion of the UV spectrum that ranges from 320 nanometers to 400 nanometers in wavelength.
"UVB" means the portion of the UV spectrum that ranges from 290 nanometers to 320 nanometers in wavelength.
"Visible light" means that portion of the electromagnetic spectrum that is directly observable, having wavelengths that range from 400 nanometers to 760 nanometers with a corresponding appearance of violet to red in color.
HISTORY:
Amended by R.2006 d.249, effective July 3, 2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Added definitions "Chief Administrator" and "Motor Vehicle Commission"; and deleted definitions "Director" and "Division".
Thursday, October 15, 2009
2A:84A-22. Marital privilege - confidential communications 22. Rule 28. Marital privilege--Confidential communications
2A:84A-22
. Marital privilege - confidential communications 22. Rule 28. Marital privilege--Confidential communications.
No person shall disclose any communication made in confidence between such person and his or her spouse unless both shall consent to the disclosure or unless the communication is relevant to an issue in an action between them or in a criminal action or proceeding in which either spouse consents to the disclosure, or in a criminal action or proceeding coming within Rule 23(2). When a spouse is incompetent or deceased, consent to the disclosure may be given for such spouse by the guardian, executor or administrator. The requirement for consent shall not terminate with divorce or separation. A communication between spouses while living separate and apart under a divorce from bed and board shall not be a privileged communication.
Sunday, October 11, 2009
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
Featuring a discussion on the newly released court rules!
Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel, Mt. Laurel
Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison, Edison (Raritan Center)
Presented in cooperation with the NJSBA Municipal Court Section and
the NJSBA Young Lawyers’ Section
Are you prepared to prosecute or defend your client in new Alcotest cases? Are you familiar with the new & increased penalties for certain offenses?
This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Gain a thorough understanding of Municipal Court practice, procedure, & recent developments...
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• A special Q&A session: Ask the Experts
Speakers include:
| |
| Past Chair, NJSBA Municipal Court Section Chair, ABA Elder Law Committee |
| (at Mt. Laurel & Edison) |
| (Camden) |
| (at Mt. Laurel) |
| (at Mt. Laurel & Edison) |
| Prosecutor in Audubon and Stratford (Camden County) |
| (at Mt. Laurel) |
| (at Mt. Laurel & Edison) |
| (Belvidere) |
| (at Edison) |
| (Union County) Chair, Supreme Court Municipal Practice Committee (Union County) |
| (at Edison) |
| Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge) |
| (at Edison) |
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association Rutgers - The State University of New Jerseys Seton Hall University
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com • Privacy Policy
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Saturday, October 10, 2009
REVISIONS TO THE SPECIAL FORM OF COMPLAINT AND SUMMONS (“SPECIAL FORM”)
NOTICE TO THE BAR
MUNICIPAL COURTS – REVISIONS TO THE SPECIAL FORM OF
COMPLAINT AND SUMMONS (“SPECIAL FORM”)
The Special Form of Complaint and Summons (“Special Form”) prescribed
by Court Rule 7:2-1 has been revised, effective September 17, 2009, to reflect
recent rule amendments by the Supreme Court. The revised version of the
Special Form, which accompanies this notice, is available for immediate use.
Also accompanying this notice are the revised Instructions for use with the new
version of the Special Form. To permit existing inventory to be exhausted, the
previous version of the Special Form and Instructions may continue to be used
though February 28, 2010. However, beginning March 1, 2010, only the new
version of the Special Form and Instructions may be used.
/s/ Glenn A. Grant
__________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Date: September 17, 2009
ADMINISTRATIVE OFFICE OF THE COURTS
INSTRUCTIONS AND SPECIAL FORM OF
COMPLAINT AND SUMMONS, EFFECTIVE
SEPTEMBER 17, 2009
To: Judges, Directors and Administrators of the
Municipal Courts:
Attached is a specimen of the revised Special Form
of Complaint and Summons (Special Form) with
accompanying Instructions that is prescribed,
pursuant to Rule 7:2-1(g), for use in the municipal
courts for certain offenses committed on or after
September 17, 2009. The previously prescribed
Special Form (effective December 1, 2001) may
continue to be used until your present supply is
exhausted or until March 1, 2010.
Effective March 1, 2010, only the attached revised
form of the Special Form of Complaint and Summons
is authorized to be used.
For the purpose of complying with the provisions of
N.J.S.A. 39:4-139.4 (The Parking Offenses
Adjudication Act), this Special Form is also
prescribed, pursuant to R. 7:2-1(f)(1), as a Uniform
Traffic Ticket for use in connection with parking and
traffic offenses where a private citizen is the
complaining witness.
Only this revised Special Form may be used for any
of the following non-indictable offenses venued in the
municipal courts: disorderly/petty disorderly persons
offenses, except for (a) those involving domestic
violence and (b) those with a companion indictable
matter; local ordinance violations; code enforcement
actions; penalty enforcement proceedings; boating
offenses; and parking and traffic offenses where a
private citizen is the complaining witness.
All petty disorderly persons offense(s) charged in
conjunction with an indictable matter and all domestic
violence matters must be prepared on the approved
CDR form.
Other versions of Special Forms containing distinct
design features and promulgated by the
Administrative Director of the Courts for use in
connection with offenses charged by state law
enforcement officers that involve, for example, fish
and game and state park penalty enforcement
actions or boating offenses, continue to be authorized
for use as approved alternatives to this Special Form.
Please note that modifications to this Special Form
may only be made with the expressed written
approval of the Administrative Director of the Courts.
Any proposed changes must be submitted in writing.
The following INSTRUCTIONS are intended to
facilitate the procurement and standardized use of
this Special Form. These instructions are an integral
part of this prescribed Special Form.
INSTRUCTIONS TO MUNICIPAL COURT
JUDGES AND OTHER USERS
OF THIS SPECIAL FORM
I. USE OF THIS SPECIAL FORM OF
COMPLAINT AND SUMMONS
Pursuant to R. 7:2-1(f) & (g), this Special Form is
intended for use in cases, venued in the municipal
courts, involving:
• disorderly/petty disorderly persons offenses,
except those involving domestic violence and
those with a companion indictable matter;
• local ordinance violations;
• code enforcement actions;
• penalty enforcement proceedings;
• boating offenses; and
• parking and traffic offenses where a private
citizen is the complaining witness.
II. PROCEDURES FOR THE ISSUANCE OF
PROCESS
A. Law Enforcement Officers
Pursuant to R. 7:2-2(a)(2), a summons on a
complaint made by a law enforcement officer may be
issued by that officer without a finding of probable
cause by an independent judicial officer. In that
event, the box in the shaded “Law/Code Enforcement
Use Only” portion of the summons must be checked.
B. Code Enforcement Officers
Pursuant to R. 7:2-2(a)(3), a summons on a
complaint made by a code enforcement officer
charging any offense within the code enforcement
officer’s subject matter and territorial jurisdiction may
be issued without a finding of probable cause by an
independent judicial officer. In that event, the box in
the shaded “Law/Code Enforcement Use Only”
portion of the summons must be checked. Pursuant
to R. 7:2-2(a)(3), a code enforcement officer is
defined as “a public employee who is responsible for
enforcing the provisions of any state, county or
municipal law, ordinance or regulation which the
public employee is empowered to enforce.”
C. Use of the Special Form when the Officer
Prepares but does not Issue the Complaint
There are times when an officer decides to prepare a
complaint, but elects not to issue process on it (the
summons). When this occurs, the complaint initiated
should be processed pursuant to R. 7:2-2(a)(1)
(Citizens Complaint). The officer should complete
only the complaint portion of this Special Form,
provide the defendant (when in the presence of the
officer) with the optional green courtesy copy and
submit the court’s blue and defendant’s yellow (hard
copy) copies of this Special Form to the court. It will
then be the court’s responsibility to determine
probable cause. The officer may retain the officer’s
pink copy.
If it is determined by the court that the complaint and
summons will be issued, the completed defendant’s
yellow copy of this Special Form is to be served on
the defendant, pursuant to R. 7:2-4(a)(1). The
municipal court is responsible for notifying the
defendant of the outcome of the judicial probable
cause determination and for providing the completed
agency white copy to the appropriate enforcement
agency.
D. Parking and Traffic Complaints where a
Private Citizen is the Complaining Witness
Whenever any person prepares a complaint, the
municipal court administrator or deputy court
administrator shall accept that complaint for filing,
pursuant to R. 7:2-1(b). However, although private
citizens may make and sign complaints, they are not
authorized by law to issue process (the summons).
As a result, in all private citizen complaints, a judicial
officer must make a probable cause determination as
to the issuance of process, pursuant to R. 7:2-2(a)(1).
Only this Special Form is to be used when a private
citizen is the complaining witness for complaints
charging any parking or traffic offense. In all other
private citizen initiated complaints, either this Special
Form or the appropriate CDR form is to be utilized.
For the purpose of complying with the provisions of
N.J.S.A. 39:4-139.4 (The Parking Offenses
Adjudication Act), this Special Form has also been
prescribed as a Uniform Traffic Ticket. Therefore,
when this Special Form is used for charging a
parking offense, the private citizen is to describe the
vehicle (including license plate number and state) as
part of the charge narrative, located in the area
marked “DESCRIPTION OF OFFENSE”. After the
complaint portion of the Special Form is completed,
the private citizen, as the complaining witness, must
sign either the Oath or Certification, pursuant to R.
7:2-1(a). If the Oath is selected, the private citizen
must sign on the line marked “Signature of
Complaining Witness” and the court administrator or
deputy court administrator, if authorized pursuant to
N.J.S.A. 2B:12-21a, must administer the oath and
date and sign the acknowledgment, where indicated.
If the private citizen elects to complete the
Certification, the citizen must sign and date the
Certification, where indicated.
All copies of this Special Form are to be submitted by
the complaining witness to the court for filing and
processing. Upon filing, the court shall provide the
officer’s pink copy to the complaining witness.
The probable cause determination for the issuance of
process, made pursuant to R. 7:2-2(a)(1), and the
judicial officer’s signature must be recorded in the
shaded area marked “Court Use Only”. If there is a
judicial determination of probable cause, the judicial
officer must then complete the summons portion.
Thereafter, the defendant’s yellow hard copy of this
Special Form should be served, pursuant to R. 7:2-
4(a)(1). The municipal court is also responsible for
notifying the defendant as to the outcome of the
judicial probable cause determination and providing
the complaining witness with the completed white
agency copy of this Special Form.
III. CONTROL, RESPONSIBILITY, PURCHASE
AND INVENTORY
A. Municipal Courts
Each judge of a central, joint or other municipal court
is responsible for the inventory and control of all
Special Forms used by local law enforcement officers
and local code enforcement officers in accordance
with applicable county or municipal purchasing
procedures. Each judge (or court director or court
administrator under the direction of the judge) shall
arrange for the acquisition of the needed supply of
the Special Forms in accordance with county or
municipal purchasing procedures. Upon delivery, the
judge (or court director or court administrator under
the direction of the judge) shall inspect the Special
Forms for correctness. The Special Forms are to be
inventoried and stored in a safe place, under the
exclusive control of the court, until distributed for use
by local law or code enforcement officers.
Additionally, courts are required to maintain a
detailed control record of each Special Form,
consistent with the Automated Special Form Control
Record procedures.
B. State, County, Local or Other Authorized
Law Enforcement Agencies
With the written authorization of and in the manner
prescribed by the Administrative Director of the
Courts, the head of any State, county, local or other
authorized agency having law enforcement
responsibilities, may purchase and control the
distribution and use of this Special Form. The
authorized control records are subject to periodic
examination by the Administrative Office of the
Courts.
C. Inventory
To assist the judge in periodically determining the
quantity of forms to order, the appropriate officials of
the county, municipality or other authorized agency
responsible for law or code enforcement should be
requested to project the number of forms that will be
necessary for a six to nine month period. Due to
possible future changes to this Special Form, it is
recommended that a municipal court, State, county,
local or other authorized agency not maintain more
than a six to nine month supply.
IV. SPECIFICATIONS AND PRINTING
A. General
This Special Form, in the form of the attached
specimen, is to be top bound, numbered
consecutively (Alpha prefixes and suffixes are
optional) and contain the following four parts: (1) the
court’s original record; (2) the agency record; (3) the
officer’s copy; and (4) the defendant’s copy. An
optional defendant’s courtesy copy may also be
included and bound as a part of this Special Form.
The following additional requirements also apply:
1. The colors of each part and the top to bottom
binding sequence are as follows:
(a) Court’s original copy - blue
(b) Agency copy - white
(c) Officer's copy – pink
(d) Defendant’s Courtesy Copy (optional) - green
(e) Defendant’s copy (hard copy) - yellow
2. The text of each part of this Special Form is to be
printed in black ink, except as noted in subsections 3,
4 and 9 below. The shaded and bold text portions of
the specimen are to be duplicated on all parts of the
printed form.
3. The text of the paragraph entitled, “PLEA OF
NOT GUILTY”, located on the back of the defendant’s
copy, is to be printed in red ink.
4. The consecutive numbers on the face of this
Special Form may be printed in red or black ink.
5. The size of the forms shall be 4" x 9 1/2" (plus 1/2"
for top binding into books).
6. All Special Forms must be numbered
consecutively. This Special Form should be bound in
books of at least ten. It is also permissible for the
municipal court to maintain a limited supply of
unbound Special Forms that may, when necessary,
be issued to enforcement officers.
7. Use only "No Carbon Required" paper.
8. For the convenient reference of defendants, an
optional listing of frequent ordinance offenses and
penalties may be printed on the back of the
defendant’s yellow copy, provided that the court's
Local Supplemental Violations Bureau Schedule
(approved by the Assignment Judge, pursuant to R.
7:12-4(c)), includes those offenses and penalties.
That listing should be located only in the space
provided above the “Appearance, Guilty Plea and
Waiver” section. Please note that offenses and
penalties listed on the Statewide Violations Bureau
Schedule may also be listed in this area.
9. The language and box on the Defendant’s copy
pertaining to the “New Jersey Municipal Court Direct”
Internet Payment Project is to be printed in red ink.
10. If the optional defendant’s courtesy copy is to be
a part of this Special Form, the entire shaded “Notice”
area, located on the bottom of the form, must be
desensitized
B. Outside Cover Information
The following information must be printed on the back
of the outside cover of each book of this Special
Form:
INSTRUCTIONS TO LAW ENFORCEMENT
AND CODE ENFORCEMENT OFFICERS
Specific Instructions to Law Enforcement
1. At all times, be COURTEOUS, FAIR and
HONEST. Remember that public opinion of your
actions is judged almost entirely by your conduct.
2. When issuing every Special Form:
DO -
Introduce yourself to the defendant by saying: "I
am (give your rank, name and the name of the
enforcement agency you represent)."
Ask for the defendant's driver’s license.
Advise the defendant of the offense committed.
Advise the defendant that you are going to issue
a Special Form for that offense.
Ask for any additional information necessary to fill
out this Special Form.
Following this, complete the Special Form and hand
the yellow copy to the defendant.
Always check the box, "Court Appearance Required,"
if appropriate, pursuant to R. 7:12-4(d).
DO NOT -
Use this Special Form for any matter involving
domestic violence.
"Lecture" defendants.
Quiz defendants on their knowledge of the law.
Indulge in personal remarks or altercations.
General Instructions to Law Enforcement and
Code Enforcement Officers
1. In filling out this Special Form, preferably use a
ball point pen, applying steady pressure so that all
copies will be legible. Print all information so that it is
legible. And remember, only one offense may be
charged per Special Form completed.
2. File the court’s original blue copy of this Special
Form with the court without delay.
3. File the agency’s white copy in accordance with
your departmental regulations.
4. Keep the officer's pink copy, in the event that
testimony in court is required.
5. If you are the complaining witness and are issuing
the complaint, provide the defendant with the yellow
hard copy of this Special Form. The defendant’s
optional green courtesy copy and the court’s blue
copy are to be submitted to the court for filing.
6. If you are electing not to issue the complaint, but
are instead taking a private citizen complaint, you are
to complete only the complaint portion of this Special
Form, then provide the defendant with the optional
green courtesy copy. The court’s blue, defendant’s
yellow and agency white copies are to be submitted
to the court for filing so that an independent judicial
probable cause determination can be made. You
may retain the officer’s pink copy for your records.
Officer’s Comments (See Back of Officer's Copy)
It is very important to fill in the “OFFICER'S
COMMENTS” section provided on the back of the
officer's pink copy of this Special Form. Use this
space to describe briefly the circumstances of the
offense. There are always one or more relevant
comments, which the officer should note. Include
every fact which will assist you in testifying.
C. Inside Cover Information
The following information must be printed on the
inside cover of each book of Special Forms:
RESPONSIBILITY FOR THE SPECIAL FORM
OF COMPLAINT AND SUMMONS
Each municipal court judge is responsible for all
Special Forms issued to local law enforcement and
other enforcement officers and for their proper
disposition. The court or other authorized official is
required to keep a control record for such Special
Forms, in accordance with procedures prescribed by
the Administrative Director of the Courts. Officers
must sign a receipt for the Special Forms issued to
them.
ERRORS/MISTAKES – PROCEDURES FOR
OFFICERS TO REQUEST THAT A SPECIAL
FORM BE VOIDED OR DISMISSED
If the officer determines that an error has been made
in writing this Special Form, the officer should
immediately stop writing. The officer may not cross
out or erase any erroneous information. Additionally,
the officer may have Special Forms that have been
pocket worn, damaged, lost or superseded.
In these instances, the officer is to follow the
procedures outlined in the Court’s Administrative
Directive #2-08, entitled “Procedures for the
Dismissal of Municipal Court Complaints and Voiding
Uniform Traffic Tickets and Special Forms of
Complaints.” With the exception of superseded
tickets, the officer’s request to void or dismiss these
Special Forms will require completion of the “Request
to Dismiss or Void Complaint” form. Officers may
obtain a copy of the Directive and/or form from their
local municipal court.
ADDITIONAL INFORMATION (Optional)
Additional information may be approved by the
municipal court judge or by the appropriate State,
county, local or other authorized agency head for
printing on the top of the flap of each Special Form
book. Appropriate information might include:
• Offenses and penalties information from the
Statewide or Local Violations Bureau Schedules.
• Common local ordinance offenses and penalties.
• Calendars.
• Emergency telephone numbers.
• Schedule of court sessions.
• Other useful information.
V. COMMENTS OR SUGGESTIONS
Any comments concerning the contents of this form
or suggestions for its improvement are welcomed and
encouraged. They may be forwarded to:
ADMINISTRATIVE OFFICE OF THE COURTS
R. J. Hughes Justice Complex
Municipal Court Services Division
P.O. Box 986
Trenton, New Jersey 08625
VI. APPROVED:
/s/ Glenn A. Grant
___________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
DATE: September 17, 2009
E:\UTT&SVBS\SFINSTRU - Sept 2009
EXEMPLAR – NOT ACTUAL SIZE
COURT I.D. PREFIX
COMPLAINT NUMBER Municipal Court of Anytown
123 Main Street
Anytown, NJ 00000
The State of New Jersey
vs.
Defendant’s Name: First Initial Last
Address City
State
Zip Code Telephone
Birth
Date
Mo. Day Yr. Sex Eyes Weight Height Restrictions
Driver’s
Lic. No.
State Exp. Date
STATE OF NEW JERSEY
COUNTY OF_____ XXX________________________________________________ )ss
Complaining Witness: __________________________________________________
(Name)
of__________________________________________________________________
(Identify Dept./Agency Represented) (Badge No.)
Residing at___________________________________________________________
by certification or on oath, says that to the best of his/her knowledge or information
and belief, the named defendant on or about the _____________________________
Month Day Year Time
in _________________________________ Code No. County of ________________,
N.J. did commit the following offense:
in violation of (one charge only) _________________________________________
(Statute, Regulation or Ordinance Number)
LOCATION OF
OFFENSE
C O D E Describe Location
OATH: Subscribed and sworn to
before me this _________ day
of________________, yr. ________.
(Signature of Complaining Witness)
(Sig. of Person Administering Oath)
OR
CERTIFICATION: I certify that the foregoing
statements made by me are true. I
am aware that if any of the foregoing
statements made by me are willfully false,
I am subject to punishment.
(Date)
(Signature of Complaining Witness)
PROBABLE CAUSE DETERMINATION FOR ISSUANCE OF PROCESS:
COURT USE ONLY LAW / CODE ENFORCEMENT USE
ONLY
Probable cause is found for the issuance of this
Complaint-Summons
__________________________
(Signature of Judicial Officer)
__________________________
(Signature of Judge)
The complaining witness is a law
enforcement officer or a code
enforcement officer with territorial and
subject matter jurisdiction and a judicial
probable cause determination is not
required prior to the issuance of this
Complaint-Summons.
YOU ARE HEREBY SUMMONED TO APPEAR
BEFORE THIS COURT TO ANSWER THIS COMPLAINT IF YOU FAIL TO APPEAR ON THE DATE AND AT
THE TIME STATED, A WARRANT MAY BE ISSUED FOR YOUR ARREST
NOTICE TO APPEAR
COURT APPEARANCE
REQUIRED
COURT
DATE
Month Day Year Time : AM
: PM
_______________________ _____________________________________
(Date Summons Issued) (Signature of Person Issuing Summons)
Court’s Copy – Blue SF (September, 2009)
New Wording
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BENCH WARRANT BAIL INFORMATION
Failed to Appear Date: ___/___/___
Warrant Date: ___/___/___ Ordered by:_______________________________
(Signature and Title of person issuing warrant)
Bail Amount: $________ Set by:_____________________________________
(Signature and title of person setting bail)
Forfeited Return Reinstated __/__/__ ___________________________
(Date) (Signature of Judge)
FIRST APPEARANCE, ARRAIGNMENT AND COUNSEL
INFORMATION
First Appearance Date:___/___/___ Arraignment Date:___/___/___
Advised Defendant
of Rights: By:______________ Desires Counsel: Yes No
Counsel assigned: Yes No ____________________________________
(If yes, name of counsel)
Counsel retained: Yes No ___________________________________
(If yes, name of counsel)
Counsel waived: Yes No ___________________________________
(If yes, name of Judge accepting waiver)
Name of Prosecuting Attorney:_______________________________________
Affiliation: Municipal County State Other (list)_____________
MISCELLANEOUS INFORMATION
Additional Information and Judge’s Notes:
Adjournment Requested by: Reason To
/ /
/ /
See attached sheet for additional Judge’s notes or other information
COURT ACTION
Complaint Amended to:
Plea and Date: G NG / /
Finding or Dismissal Date: G NG DISMISSED / /
Fine $ Costs $ Contempt $
VCCO $ DWI $ SNSF $
D.A.E.F. $ Other $ Total $
Period of D.L. Suspension:
IDRC: Comm. Serv.:
Jail Term/Jail Credit: Credit For:
Signature of Judge: ____________________________ Date: ___/___/___
Court’s Copy Back
New
Wording
COURT I.D. PREFIX
COMPLAINT NUMBER Municipal Court of
Anytown
123 Main Street
Anytown, NJ 00000
The State of New Jersey
vs.
Defendant’s Name: First Initial Last
Address City
State
Zip Code Telephone
Birth
Date
Mo. Day Yr. Sex Eyes Weight Height Restrictions
Driver’s
Lic. No.
State Exp. Date
STATE OF NEW JERSEY
COUNTY OF_____ XXX________________________________ )ss
Complaining Witness: __________________________________________________
(Name)
of__________________________________________________________________
(Identify Dept./Agency Represented) (Badge No.)
Residing at___________________________________________________________
by certification or on oath, says that to the best of his/her knowledge or information
and belief, the named defendant on or about the _____________________________
Month Day Year Time
in _________________________________ Code No. County of ________________,
N.J. did commit the following offense:
in violation of (one charge only) _________________________________________
(Statute, Regulation or Ordinance Number)
LOCATION OF
OFFENSE
C O D E Describe Location
OATH: Subscribed and sworn to
before me this _________ day
of________________, yr. ________.
(Signature of Complaining Witness)
(Sig. of Person Administering Oath)
OR
CERTIFICATION: I certify that the foregoing
statements made by me are true. I
am aware that if any of the foregoing
statements made by me are willfully false,
I am subject to punishment.
(Date)
(Signature of Complaining Witness)
PROBABLE CAUSE DETERMINATION FOR ISSUANCE OF PROCESS:
COURT USE ONLY LAW / CODE ENFORCEMENT USE
ONLY
Probable cause is found for the issuance of this
Complaint-Summons
__________________________
(Signature of Judicial Officer)
__________________________
(Signature of Judge)
The complaining witness is a law
enforcement officer or a code
enforcement officer with territorial and
subject matter jurisdiction and a judicial
probable cause determination is not
required prior to the issuance of this
Complaint-Summons.
YOU ARE HEREBY SUMMONED TO APPEAR
BEFORE THIS COURT TO ANSWER THIS COMPLAINT IF YOU FAIL TO APPEAR ON THE DATE AND AT
THE TIME STATED, A WARRANT MAY BE ISSUED FOR YOUR ARREST
NOTICE TO APPEAR
COURT APPEARANCE
REQUIRED
COURT
DATE
Month Day Year Time : AM
: PM
_______________________ _____________________________________
(Date Summons Issued) (Signature of Person Issuing Summons)
Agency Copy - White SF (September, 2009)
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DISPOSITION OF CASE
DATES OF ADJOURNMENTS:
FROM:________/________/________
TO: ________/________/_______
REASON: ________________________________________________________
FROM:_______/_______/_______ TO:______/_______/________
REASON:_________________________________________________________
DISPOSITION DATE: _______________________________________________
BY: COURT VIOLATIONS BUREAU
PLEA: _________________________ FINDING:_______________________
BAIL INFORMATION
BAIL AMOUNT $_____________ CASH BOND
POSTED WITH:
_______________________________________________________________________
(NAME & TITLE)
BAIL
FORFEITURE: AMOUNT $___________ DATE _____/_____/_____
SENTENCE
FINE $ JAIL:____________ DAYS:___________
COSTS $ DR. LIC. REVOKED: ________ DAYS
$ _____________________________ REVOCATION DATE: _____/_____/_____
$ _____________________________ $ _____________________________
$ _____________________________ $ _____________________________
$ _____________________________ $ _____________________________
OFFICER’S COMMENTS
(See Instructions on Cover)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
WITNESSES: (NAME & ADDRESS) SUBPOENA ISSUED
1. ______________________________________ YES NO
______________________________________
2. ________________________________________
________________________________________
3. ___________________________________________
_____________________________________________
Officer’s Copy Back - White
COURT I.D. PREFIX
COMPLAINT NUMBER Municipal Court of
Anytown
123 Main Street
Anytown, NJ 00000
The State of New Jersey
vs.
Defendant’s Name: First Initial Last
Address City
State
Zip Code Telephone
Birth
Date
Mo. Day Yr. Sex Eyes Weight Height Restrictions
Driver’s
Lic. No.
State Exp. Date
STATE OF NEW JERSEY
COUNTY OF_____ XXX________________________________ )ss
Complaining Witness: __________________________________________________
(Name)
of__________________________________________________________________
(Identify Dept./Agency Represented) (Badge No.)
Residing at___________________________________________________________
by certification or on oath, says that to the best of his/her knowledge or information
and belief, the named defendant on or about the _____________________________
Month Day Year Time
in _________________________________ Code No. County of ________________,
N.J. did commit the following offense:
in violation of (one charge only) _________________________________________
(Statute, Regulation or Ordinance Number)
LOCATION OF
OFFENSE
C O D E Describe Location
OATH: Subscribed and sworn to
before me this _________ day
of________________, yr. ________.
(Signature of Complaining Witness)
(Sig. of Person Administering Oath)
OR
CERTIFICATION: I certify that the foregoing
statements made by me are true. I
am aware that if any of the foregoing
statements made by me are willfully false,
I am subject to punishment.
(Date)
(Signature of Complaining Witness)
PROBABLE CAUSE DETERMINATION FOR ISSUANCE OF PROCESS:
COURT USE ONLY LAW / CODE ENFORCEMENT USE
ONLY
Probable cause is found for the issuance of this
Complaint-Summons
__________________________
(Signature of Judicial Officer)
__________________________
(Signature of Judge)
The complaining witness is a law
enforcement officer or a code
enforcement officer with territorial and
subject matter jurisdiction and a judicial
probable cause determination is not
required prior to the issuance of this
Complaint-Summons.
YOU ARE HEREBY SUMMONED TO APPEAR
BEFORE THIS COURT TO ANSWER THIS COMPLAINT IF YOU FAIL TO APPEAR ON THE DATE AND AT
THE TIME STATED, A WARRANT MAY BE ISSUED FOR YOUR ARREST
NOTICE TO APPEAR
COURT APPEARANCE
REQUIRED
COURT
DATE
Month Day Year Time : AM
: PM
_______________________ _____________________________________
(Date Summons Issued) (Signature of Person Issuing Summons)
Officer’s Copy - Pink SF (September, 2009)
New Wording
YES
NO
YES
NO
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DISPOSITION OF CASE
DATES OF ADJOURNMENTS:
FROM:________/________/________ TO: ________/________/_______
REASON: ________________________________________________________
FROM:_______/_______/_______ TO:______/_______/________
REASON:_________________________________________________________
DISPOSITION DATE: _______________________________________________
BY: COURT VIOLATIONS BUREAU
PLEA: _________________________ FINDING:_______________________
BAIL INFORMATION
BAIL AMOUNT $_____________ CASH BOND
POSTED WITH: ____________________________________________________________
(NAME & TITLE)
BAIL
FORFEITURE: AMOUNT $___________ DATE _____/_____/_____
SENTENCE
FINE $ JAIL:____________ DAYS:___________
COSTS $ DR. LIC. REVOKED: ________ DAYS
$ _____________________________ REVOCATION DATE: _____/_____/_____
$ _____________________________ $ _____________________________
$ _____________________________ $ _____________________________
$ _____________________________ $ _____________________________
OFFICER’S COMMENTS
(See Instructions on Cover)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
WITNESSES: (NAME & ADDRESS) SUBPOENA ISSUED
1. ________________________________________ YES NO
________________________________________
2. __________________________________________
__________________________________________
3. ___________________________________________
____________________________________________
Officer’s Copy Back – Pink
COURT I.D. PREFIX
COMPLAINT NUMBER Municipal Court of Anytown
123 Main Street
Anytown, NJ 00000
The State of New Jersey
vs.
Defendant’s Name: First Initial Last
Address City
State
Zip Code Telephone
Birth
Date
Mo. Day Yr. Sex Eyes Weight Height Restrictions
Driver’s
Lic. No.
State Exp. Date
STATE OF NEW JERSEY
COUNTY OF_____ XXX________________________________ )ss
Complaining Witness: __________________________________________________
(Name)
of__________________________________________________________________
(Identify Dept./Agency Represented) (Badge No.)
Residing at___________________________________________________________
by certification or on oath, says that to the best of his/her knowledge or information
and belief, the named defendant on or about the _____________________________
Month Day Year Time
in _________________________________ Code No. County of ________________,
N.J. did commit the following offense:
in violation of (one charge only) _________________________________________
(Statute, Regulation or Ordinance Number)
LOCATION OF
OFFENSE
C O D E Describe Location
OATH: Subscribed and sworn to
before me this _________ day
of________________, yr. ________.
(Signature of Complaining Witness)
(Sig. of Person Administering Oath)
OR
CERTIFICATION: I certify that the foregoing
statements made by me are true. I
am aware that if any of the foregoing
statements made by me are willfully false,
I am subject to punishment.
(Date)
(Signature of Complaining Witness)
NOTICE
THIS IS A COURTESY COPY OF THE COMPLAINT THAT WILL BE
FILED WITH THE MUNICIPAL COURT, CHARGING YOU WITH THE
OFFENSE LISTED ABOVE. NO ACTION IS REQUIRED BY YOU UNTIL
THE MUNICIPAL COURT PROVIDES YOU WITH FURTHER
INFORMATION. IF THE COURT DETERMINES THAT A SUMMONS
SHOULD BE ISSUED WITH THIS COMPLAINT, THE COURT WILL
ADVISE YOU WHEN AND WHERE TO APPEAR IN ADDITION, YOU
WILL BE INFORMED THAT A WARRANT FOR YOUR ARREST MAY
BE ISSUED IF YOU DO NOT APPEAR IN COURT.
PLEASE NOTIFY THE COURT OF DISABILITY ACCOMMODATION NEEDS
Agency Copy - White SF (September, 2009)
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BLANK INTENTIONALLY
EXEMPLAR – NOT ACTUAL SIZE
COURT I.D. PREFIX
TICKET NUMBER Municipal Court of Anytown
123 Main Street
Anytown, NJ 00000
The State of New Jersey
vs.
Defendant’s Name: First Initial Last
Address
City State Zip Code Telephone
Birth Date Eyes Sex Weight Height Restrictions
Driver’s
Lic. No.
Exp. Date
State Commercial
License
STATE OF NEW JERSEY
COUNTY OF_____ XXX________________________________ )ss
Complaining Witness: __________________________________________________
(Name)
of__________________________________________________________________
(Identify Dept./Agency Represented) (Badge No.)
Residing at___________________________________________________________
by certification or on oath, says that to the best of his/her knowledge or information
and belief, the named defendant on or about the _____________________________
Month Day Year Time
in _________________________________ Code No. County of ________________,
N.J. did commit the following offense:
in violation of (one charge only) _________________________________________
(Statute, Regulation or Ordinance Number)
LOCATION OF
OFFENSE
C O D E Describe Location
OATH: Subscribed and sworn to
before me this _________ day
of________________, yr. ________.
(Signature of Complaining Witness)
(Sig. of Person Administering Oath)
OR
CERTIFICATION: I certify that the foregoing
statements made by me are true. I
am aware that if any of the foregoing
statements made by me are willfully false, I
am subject to punishment.
(Date)
(Signature of Complaining Witness)
PROBABLE CAUSE DETERMINATION FOR ISSUANCE OF PROCESS:
COURT USE ONLY LAW / CODE ENFORCEMENT USE
ONLY
Probable cause is found for the issuance of this
Complaint-Summons
_____ __________________________
(Signature of Judicial Officer)
__________________________
(Signature of Judge)
The complaining witness is a law
enforcement officer or a code
enforcement officer with territorial and
subject matter jurisdiction and a judicial
probable cause determination is not
required prior to the issuance of this
Complaint-Summons.
YOU ARE HEREBY SUMMONED TO APPEAR
BEFORE THIS COURT TO ANSWER THIS COMPLAINT IF YOU FAIL TO APPEAR ON THE DATE AND
AT THE TIME STATED, A WARRANT MAY BE ISSUED FOR YOUR ARREST
NOTICE TO APPEAR
COURT APPEARANCE
REQUIRED
COURT
DATE
Month Day Year Time : AM
: PM
_______________________ _____________________________________
(Date Summons Issued) (Signature of Person Issuing Summons)
New Wording
YES
NO
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PLEASE READ CAREFULLY
1. PLEA OF NOT GUILTY
If you intend to plead not guilty to the offense in this Complaint-Summons and have a
trial in court, you must notify the Municipal Court Administrator, whose address and
telephone number are shown below, of your intention at least 7 days prior to the court
date shown on the reverse side. If you fail to notify the Court Administrator of your
intention, it may be necessary for you to make 2 court appearances.
Anytown Borough Municipal Court
123 Main Street, Any City, NJ xxxxx
(xxx) xxx-xxxx
2. COURT APPEARANCE REQUIRED
If “Court Appearance Required” is checked on the bottom of the reverse side, you must
appear in court at the time and place indicated, even if you wish to plead guilty. If “Court
Appearance Required” is not checked, you must still appear in court if: a. you wish to
have a trial; or b. the charge is not listed on the State or Local (Supplemental) Violations
Bureau Schedule.
3. PLEA OF GUILTY; PAYMENT THROUGH VIOLATIONS BUREAU
If you wish to plead guilty and give up your rights to have a lawyer and a trial, you may
do so provided “Court Appearance Required” has not been checked on the reverse side
and provided the charge is listed on the State or Local Violations Bureau Schedule. The
more frequently charged offenses and prescribed penalties are listed below If your
offense is not listed, you may telephone the Violations Clerk to determine whether it is
listed on either Schedule and the amount of the penalty. If it is permissible for you to
plead guilty without a court appearance, you may do so by paying the indicated amount
and by completing in full the APPEARANCE, GUILTY PLEA AND WAIVER section
(below) and by bringing or mailing this Complaint-Summons, together with payment in
the amount of the prescribed penalty, to the Violations Bureau at the address indicated
below prior to the court date listed on the reverse side.
\
Anytown Municipal Court
P.O Box 123, Anytown, NJ 01234
(201) 555-5555
To make payment via the Internet or for more information, logon to:
www.njmcdirect.com
If payment is made by mail, do not send cash, but send check or money
order payable to this Municipal Court. Please write the Complaint-Summons
number on the face of the check or money order. If payment is received by
the Violations Bureau after your court date, you may be assessed additional
penalties. A receipt will be sent to you only if your payment is accompanied
by a self-addressed, stamped envelope.
VIOLATIONS BUREAU SCHEDULE(S)-
Statute/Ord. No Offense Penalty-
APPEARANCE, GUILTY PLEA AND WAIVER
By signing and dating this document, I enter my appearance before the Court
to answer the charge contained in this Complaint-Summons. I give up my
rights to have a lawyer and a trial. I admit that I committed the offense
charged, plead guilty and make payment of the prescribed penalty. I
understand that, if the offense charged is a traffic matter, a record of this
conviction will be sent to the Motor Vehicle Commission that issued my
license.
_______________________________ ______________________
(Defendant’s Signature) (Date)
NOTICE
IF YOU FAIL TO APPEAR IN RESPONSE TO THIS SUMMONS OR TO PAY THE
PRESCRIBED PENALTY, ADDITIONAL PENALTIES MAY RESULT, A WARRANT
MAY BE ISSUED FOR YOUR ARREST AND YOUR DRIVING PRIVILEGES IN NEW
JERSEY MAY BE REVOKED.
IF YOU HAVE BEEN CHARGED WITH A PARKING OFFENSE, YOUR FAILURE TO
APPEAR OR PAY THE PRESCRIBED PENALTY SHALL BE CONSIDERED AN
ADMISSION OF LIABILITY AND A DEFAULT JUDGMENT MAY BE ENTERED
AGAINST THE OWNER OF THE VEHICLE.
PLEASE NOTIFY COURT OF DISABILITY ACCOMMODATION NEEDS
Defendant Copy SF (September 2009)
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