N.J. Admin. Code § 10A:16-4.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:16-4.4 - Inmate/therapist confidentiality

(a) Confidential relations between and among mental health practitioners and individuals or groups in the course of practice are privileged communications and not to be disclosed to any person.

(b) The following exceptions to privileged communications are applicable only in situations which present a clear and imminent danger to the inmate or others:

1. Where the inmate discloses planned action which involves a clear and substantial risk of imminent serious injury, disease or death to the inmate or other identifiable persons;

2. Where an escape plan is disclosed to the mental health practitioner;

3. Where drug trafficking for profit or illicit influence on others, involving Controlled Dangerous Substances (C.D.S.) or drug paraphernalia, presents a clear and imminent danger to the inmate or other identifiable persons;

4. Where the inmate discloses suicide plans or other life threatening behavior; and/or

5. Where the inmate discloses a past, previously unreported murder, aggravated sexual assault (meaning those offenses set forth in 2C:14-2(a) ) or arson which resulted in a death, under circumstances which present a clear and imminent danger to other identifiable persons.

(c) When a mental health practitioner receives information concerning the exception categories listed in (b) above, the mental health practitioner shall immediately confer with the correctional facility Director of Psychology who will also contact the Health Services Unit, Director of Mental Health Services to determine whether disclosure is necessary. Relevant considerations, in addition to the information given to the mental health practitioner may include, but are not limited to, whether:

1. It is known that another individual is serving a sentence for the crime confessed by the inmate to the mental health practitioner;

2. It can be ascertained that the crime was in fact committed, but no one was prosecuted;

3. The inmate is under consideration for parole and the Administrator, Special Classification Review Board, or State Parole Board is unaware that the inmate has committed, or plans to commit, another serious crime;

4. The inmate has described the criminal event or plan in such intimate detail as to render the story credible; and/or

5. Consequences of the inmate's past or intended conduct are considered dangerous to the health or well-being of correctional facility residents or personnel.

(d) In any case in which the mental health practitioner, the correctional facility Director of Psychology and the Health Services Unit, Director of Mental Health Services agree and conclude that the information does not fall within the scope of the exception categories listed in (b) above, no disclosure need be made.

(e) If the mental health practitioner, the correctional facility Director of Psychology and the Health Services Unit, Director of Mental Health Services believe that the subject matter falls within the scope of an exception category(ies) listed in (b) above, the correctional facility Director of Psychology shall immediately make this information known to the correctional facility Administrator providing the facts and background information that are necessary to give the Administrator a clear understanding of the case.

(f) In any case in which the mental health practitioner, the correctional facility Director of Psychology and the Health Services Unit, Director of Mental Health Services disagree as to whether disclosure should be made, the person who believes that the matter should be disclosed shall notify the correctional facility Administrator immediately, providing the facts and background information that are necessary to give the Administrator a clear understanding of the case.

(g) The Administrator shall institute such action as is deemed appropriate considering the needs of the correctional facility and facts of the particular case. This action may include, but is not limited to:

1. Requesting the Special Investigations Division to investigate further or to administer a polygraph test;

2. Transmitting information to the Central Office Special Investigations Division to refer to the prosecutor;

3. Initiating disciplinary charges against the inmate;

4. Placing the inmate in close custody pending the result of the investigation; and/or

5. Increasing the inmate's custody status to maximum.

(h) Upon entry into therapy, the inmate shall be advised of the limitations on confidentiality. The therapist shall ensure the inmate is given and the inmate reads the Inmate Therapist Confidentiality form. Verbal notice shall be provided to illiterate inmates, inmates not sufficiently conversant with the English language, and inmates otherwise unable to read due to a physical/medical inability. Notification of verbal notice shall be recorded by the therapist on the Form. The inmate shall be required to sign the Form before beginning therapy and the Form shall be filed in the psychological/psychiatric section of the inmate's MRF.

(i) All mental health information of inmates who are sentenced as sex offenders pursuant to 2C:47-1 et seq. and/or 2A:164-1 et seq. who are involved in sex offender therapeutic programs at the Adult Diagnostic and Treatment Center or any other correctional facility may be subject to full disclosure to the Special Classification Review Board for consideration during inmate reviews (see: N.J.A.C. 10A:9-8 ).

(j) Questions concerning the interpretation of the policy on inmate/therapist confidentiality shall be addressed to the Health Services Unit, Director of Psychological Services.

N.J. Admin. Code § 10A:16-4.4

Amended by 49 N.J.R. 2800(a), effective 8/21/2017