New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 42B - MODERATE SECURITY UNIT
Subchapter 3 - PROCEDURES
Section 10:42B-3.1 - Procedures prior to admission to MSU

1. If the Division is advised by a court of competent jurisdiction that an individual, who may be developmentally disabled, is involved in a criminal proceeding before the court, the Division shall determine whether the individual is eligible for functional services provided by the Division in accordance with N.J.A.C. 10:46.

2. If the Division determines that the individual is not eligible for services, the individual may appeal the ineligibility decision and request a hearing in the Office of Administrative Law in accordance with N.J.A.C. 10:48. The regional office shall advise the party making the referral to the MSU, in writing, and advise the court.

3. If the individual is determined eligible for Division services, or if the individual had been determined eligible for Division services prior to the filing of criminal charges, the Division shall request the MSU Director to determine whether the individual is appropriate for, and will benefit from, admission to the MSU and whether a vacancy exists.

4. The MSU Director will schedule a meeting with the MSU Admissions Committee to review the record to determine if the individual will benefit from the services of the MSU. The MSU Director and the Admissions Committee may determine that an individual may not benefit from the services at the MSU because the individual has a severe psychiatric disorder or a low level of functioning or lack of communication skills, which would preclude him from participating in individual or group counseling.

5. If the individual is appropriate for, and will benefit from, admission to the MSU and a vacancy exists, the MSU Director shall advise the court and request an order to require the individual to be housed at and participate in the program at the MSU. Since admission to the MSU can only be made by an order of the court, the MSU Director or the MSU Coordinator shall offer to assist the court in drafting the order to the MSU.

6. If the MSU Director is not certain about the appropriateness of the admission of the individual, the MSU Director may recommend to the court that the individual be admitted to the MSU for a time-specified period to evaluate the individual's appropriateness for the program at the MSU. If the charges are dropped or, for any other reason, the court does not sentence the individual, the court shall notify the MSU Director and the individual shall be released pursuant to the specific directions in the court order or in the absence of specific directions in the court order, the MSU shall begin the transition process for the release of the individual to a less restrictive setting.