N.J. Admin. Code § 10A:16-11.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10A:16-11.4 - Inmate rights during the involuntary medication(s) hearing proceeding

(a) The inmate being considered for involuntary medication shall have the following limited rights at the hearing:

1. To refuse medication(s) until the Treatment Review Committee reaches a decision on the administration of involuntary medication(s);

2. To be present at the hearing and to make a statement to the Treatment Review Committee, unless the Treatment Review Committee determines that it is likely that the inmate's attendance would subject the inmate to substantial risk of serious physical or emotional harm or pose a threat to the safety of others;

3. To have the aid of a staff advisor to assist in presenting evidence and questioning adverse witnesses;

4. To have disclosed the evidence which supports involuntary medication to the extent such disclosure is consistent with the inmate's best medical interests and with correctional facility security;

5. The opportunity to call witnesses and present evidence;

6. The opportunity for confrontation and cross-examination of witnesses;

7. To receive a written and for illiterate inmates, inmates not sufficiently conversant with the English language and inmates otherwise unable to read due to a physical/medical inability, a verbal report of findings and conclusions to include the length of time involuntary medications are to be given within 24 hours of the Treatment Review Committee hearing; and

8. The opportunity to appeal in writing or receive assistance to appeal in writing when the inmate is illiterate, not sufficiently familiar with the English language or otherwise unable to write an appeal due to a physical/medical inability, to the health care authority within 24 hours of receipt of the written/verbal notification of the Treatment Review Committee's decision.

(b) When the 24 hour appeal period expires on a weekend or holiday, the period for filing an appeal shall be extended until the close of business on the next business day.

N.J. Admin. Code § 10A:16-11.4