New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 42B - MODERATE SECURITY UNIT
Subchapter 6 - RELEASE FROM THE MSU
Section 10:42B-6.1 - Provisions for the release from the MSU

Universal Citation: NJ Admin Code 10:42B-6.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) An individual shall be released from the MSU when his probation period ends, upon determination by the court that the individual has not violated the terms and conditions of his probation, or his commitment to the care and custody of the Commissioner of Human Services ends or upon disposition of pending criminal charges.

(b) No less that six months before the individual's period of probation or commitment ends, the MSU Director shall advise the individual and/or legal guardian that he may request continued services from the Division after his release from the MSU.

(c) Sixty days prior to the individual's release date, the MSU Director and the MSU Coordinator shall develop a plan of appropriate Division services to be provided or made available to the individual after his release from the MSU.

1. The Interdisciplinary Team shall prepare an IHP to aid in the transition in accordance with 30:6D-10 through 12.

2. The referring region of community services shall continue to be responsible to identify a community placement unless the individual's IHP provides a substantiated basis for requiring an alternative residential arrangement at the time of release.

(d) If the individual is his own guardian and does not desire services from the Division, he shall be released once the terms of the court order have been fulfilled. He shall then be discharged from services by the Community Services Regional Office where he was initially admitted to services.

(e) If the individual is his own guardian and does not desire services but staff from the MSU believes he would continue to benefit from Division services, the individual shall be asked to sign a release against professional advice. A representative of the Regional Assistant Director from the referring region shall meet with the individual and provide full information in a format and manner that is understandable to him, regarding the options available to him, including the right to receive services in the least restrictive setting, the right to refuse services and the right to appeal the decisions of the Division regarding his treatment and placement.

(f) If the individual has a legal guardian, the legal guardian shall be advised of the individual's wish to leave. The Division will work with the legal guardian to discuss placements that are available and what services the Division can provide, within available resources.

(g) Before an individual who has committed a sexually violent offense, as defined in N.J.S.A. 30:4-27.26 , is released from the MSU, six months prior to the end of probation of commitment, the MSU Director shall require that the individual be evaluated by a psychiatrist for risk assessment and possible referral for commitment under the Sexually Violent Predator Law, N.J.S.A. 30:4-27.25 .

1. If the evaluation determines that the individual is likely to re-offend, the MSU Director shall contact the Division's Administrative Practice Officer (APO).

2. The APO shall contact the Medical Director, Division of Mental Health and Addiction Services ( DMHAS) to request a review by the Clinical Assessment Review Panel for commitment.

3. The Medical Director of the DMHAS shall advise the APO whether the individual shall be referred to the Attorney General's Office for commitment pursuant to N.J.S.A. 30:4-27.25 .

4. If it is determined that the individual cannot be committed pursuant to the Sexually Violent Predator Law, he shall be released from the MSU in accordance with the provision of (a) through (f) above.

(h) If the individual is required to register under Megan's Law and wishes to leave, he must provide an address where he will live to the local law enforcement authorities 10 days prior to his release. The Department of Human Services police shall be advised of the date of release in order to notify the county prosecutor. Staff of the MSU shall assist the individual with registering with the local police five days prior to his release.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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