N.J. Admin. Code § 10A:35-2.1

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

Section 10A:35-2.1 - Rights of residents

(a) Subject to the Sexually Violent Predator Act (SVPA), and any other provisions of law and the Constitution of New Jersey and the United States, a resident shall not be deprived of a civil right solely by reason of receiving treatment under the provisions of the SVPA. Treatment shall not modify or vary legal or civil rights including but not limited to, the right to register for and to vote in elections, or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law, except those rights related to providing a safe, secure facility or any appropriate concern.

(b) Every resident shall be entitled to all rights set forth in the SVPA and shall retain all rights not specifically denied in the SVPA.

1. A notice of the rights set forth in this subchapter shall be prominently posted in the STU and shall be given to every resident within five business days of the resident's admission;

2. The notice shall be in writing and in reasonably simple and understandable language;

3. For illiterate residents, residents not sufficiently conversant with the English language, or residents otherwise unable to read due to a physical/medical inability, an alternative method of communication, shall be provided explaining the notice of rights; and

4. The resident shall acknowledge receipt of this notice in writing and a staff member shall place a copy of this written receipt in the resident's files maintained by the Departments of Health and Corrections. If the resident refuses to acknowledge receipt of the notice, the person delivering the notice shall make a notation of the refusal on the receipt and a copy of the receipt shall be placed in the resident's files maintained by the Departments of Health and Corrections.

N.J. Admin. Code § 10A:35-2.1

Amended and recodified from 10:36A by 53 N.J.R. 1496(a), effective 9/7/2021