N.J. Admin. Code § 10:42B-4.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:42B-4.1 - Action of the court for admission to the MSU

(a) After the MSU Director advises the court that the individual may be admitted to the facility in accordance with the provisions in N.J.A.C. 10:42B-3.1, the court may order the individual be housed at and participate in the program at the MSU:

1. As a condition of probation;

2. Until disposition of pending criminal charges against the individual; or

3. Into the care and custody of the Commissioner of Human Services, in accordance with the provisions of N.J.S.A. 2C:4-6, if the court finds that the individual is unfit to proceed because it has been determined that he is unfit to stand trial. The Division will make every effort to restore the individual to competency to stand trial. Throughout this process, the individual's competency is periodically reviewed by a court of competent jurisdiction to determine if the individual shall remain a Class I commitment, pursuant to N.J.S.A. 30:4-25.1(b) or be treated as a voluntary recipient of Division services. When the court dismisses the charges, pursuant to N.J.S.A. 2C:4-6, the MSU shall begin the transition process for the release of the individual to a less restrictive setting.

(b) The MSU Director shall notify the individual, legal guardian, his legal representative, if applicable, MSU Coordinator and the referring region of the date of admission to the MSU.

(c) While the individual is in the MSU, the referring region shall keep the case open and shall be responsible to attend any IDT meetings.

N.J. Admin. Code § 10:42B-4.1