The New Jersey Senate Health Committee unanimously voted
on Thursday June 15th to move forward S1093, legislation
that would establishes involuntary outpatient commitment
to treatment for persons in need of involuntary commitment
to treatment. The bill now moves to the full Senate for
consideration. It has yet to be heard in the Assembly.
This bill amends the State's civil commitment laws (N.J.S.A.30:4-27.1
et seq.) to allow for involuntary commitment to outpatient
treatment of persons defined as "an adult with mental
illness, whose mental illness causes the person to be dangerous
to self or dangerous to others or property in the reasonably
foreseeable future and who is unwilling to accept appropriate
treatment voluntarily after it has been offered, needs outpatient
treatment because other services are not appropriate or
available to meet the person's mental health care needs."
The bill also adds that the determination of dangerousness
shall take into account a person's "serious psychiatric
deterioration."
As the treatment for people with mental illness has advanced,
many successful treatments are entirely outpatient. For
this reason and others, the bill shifts the sense of involuntary
commitment from commitment to an inpatient facility to commitment
to clinically appropriate treatment, which may be inpatient
care, outpatient care, or a combination of inpatient and
outpatient care. The finding that a person is in need of
involuntary commitment to treatment, then, will result in
an order of commitment to appropriate treatment, rather
than commitment to a facility.
The treatment provided after the entry of an order of involuntary
commitment to treatment will be governed by the principle
of least restrictive environment. The commitment process,
then, will have two steps: it will first be determined whether
by clear and convincing evidence a person's condition meets
the dangerousness standard; then the treatment to which
the person is committed will be determined by considering
the least restrictive treatment setting appropriate to ameliorate
the danger presented and appropriate to provide services
directed to the wellness and recovery of the person.
ACTION NEEDED
With this bill now moving through the Senate, it is now
time to ask our assemblypersons to take action. Advocates
are urged to contact their Assembly representatives and
ask for their support of A2304 that would establish involuntary
outpatient commitment. You can find contact information
for your Assemblyperson by calling the Office of Legislative
Services 800-792-8630 or on the web at www.njleg.state.nj.us/members/legsearch.asp.
SAMPLE LETTER
Dear Assemblyperson,
It is time for New Jersey to act to protect individuals
who as a result of their mental illness are unable or unwilling
to accept desperately needed mental health treatment. The
Governor’s Task Force on Mental Health has recommended
that New Jersey, like 42 existing states, adopt legislation
that would establish involuntary commitment to outpatient
treatment for individuals who have a history of refusing
or discontinuing mental health treatment and as a consequence
become a danger to themselves, others or property.
A2304 would establish involuntary outpatient commitment
to outpatient treatment as an alternative to the only current
option, commitment to a state or county psychiatric hospital.
People who were exhibiting behaviors that by history had
led to dangerousness in the reasonably foreseeable future
and refused voluntary services would be eligible for a court
ordered plan of treatment to be carried out by treatment
providers designated by the Commissioner of Human Services.
I ask that you join as a co-sponsor of the vital legislation.
We should not have to stand by and wait for an individual
with mental illness to be harmed or to harm someone else
before we provide them with the treatment they urgently
need.
Thank you for your support on this vital matter. Please
contact me if I can provide any additional information.
Sincerely yours,
Name
Address
Phone number
