Understanding the Involuntary Treatment Laws in New Jersey

When you’re living with or supporting a loved one who clearly needs help but refuses it, it can be really challenging and stressful to deal with. This is especially the case when this type of help is key to both their safety and those around them.

New Jersey’s legal system provides a structured and legal path for seeking emergency help for those who aren’t able to do so themselves. This path is governed by certain involuntary treatment laws in Jersey, also known as civil commitments, and is essential for ensuring those with mental health or serious substance abuse issues get the help they need.

What is an Involuntary Treatment Law?

An involuntary treatment law is a legal process that allows a person to be detained for clinical treatment in either a facility or through mandated outpatient services, even if they object.[1]

This is a serious step and isn’t taken lightly. It’s only used when a person is diagnosed with a mental illness that makes them a danger to themselves, others, or property, and they have already refused to get help voluntarily. The state has to prove all these points by a high legal standard to move forward, since it restricts someone’s individual freedoms and rights.

However, the goal of this treatment is not to be long-term. It’s strictly designed to provide enough support to stabilize an individual, giving them the necessary help they need before eventually returning them to the community.

Who Is Subject to Involuntary Treatment?

Involuntary treatment laws generally apply to adults who are 18 years of age or older. Minors under the age of 18 have a separate, specialized set of rules for civil commitment. It’s also important to know that these standards don’t apply to adults who check themselves in for psychiatric care voluntarily.

The critical factor for anyone subject to this law is that the danger they pose must be immediate and probable. It’s a high bar that prevents using the law based on older medical history or “potential” future risks.

What Are The Involuntary Treatment Laws in New Jersey?

The legal rules for involuntary treatment in New Jersey are laid out in N.J.S.A. 30:4-27 et seq.[2] This statute carefully outlines the state’s duty to assist those who can’t help themselves, while also protecting the public.

To legally justify a commitment, the state must prove three specific things by “clear and convincing evidence” at the final court hearing. This is a very high standard of proof, necessary because forced treatment is a major restriction of a person’s constitutional rights.

The Three Core Requirements

1. Presence of a Mental Illness: The person must have a diagnosed “mental illness.” The legal definition of a mental illness in New Jersey is defined as “a current, major disturbance of thought, mood, or perception that seriously impairs their judgment, self-control, or grasp on reality.” The law is careful to exclude simple intoxication, temporary drug reactions, or developmental disabilities unless those conditions lead to the same level of severe impairment.
2. Danger to Self, Others, or Property: The mental illness must be the direct cause of a significant risk of harm.
3. Danger to Self: This means the person has threatened or attempted suicide or serious harm. It also includes behaving in a way that shows they can’t meet their own basic survival needs, such as feeding themselves or seeking essential medical care, to the point where injury or death is a probable near-future outcome.
4. Danger to Others or Property: Shows a “substantial likelihood” that the person will seriously hurt someone else or cause significant property damage in the near future. The court will look at the person’s history, recent actions, and any recent threats to make this call.
5.  Unwillingness to Accept Treatment: The person must have been offered appropriate, voluntary treatment and refused it. This confirms that commitment is always the last possible option.

Substance Use Disorders and Civil Commitment

New Jersey law does allow for civil commitment for a severe substance use disorder (SUD), but only if the addiction leads to the same level of functional impairment and dangerousness.

The process and requirements are the same as for mental illness. The focus is always on the danger threshold – the person’s substance use must make them a serious risk to themselves or others, such as through repeated overdoses or an inability to care for their own basic survival needs.

What Does an Involuntary Treatment Look Like?

Involuntary treatment is designed as a short-term option for rapid stabilization, built around legally required timelines. This is to provide individuals with the emergency care they need while still protecting them from being held without due process.

Treatment can be handled in a few different ways:

Crisis Response

1. Emergency Transport: If a person’s behavior shows immediate danger, law enforcement is required to take them into custody and transport them to a designated screening service.
2. Screening: A Certified Screener, who is a qualified mental health professional, needs to evaluate the person.[3] They can be held at this service for up to 24 hours for the assessment.
3. Temporary Inpatient Hold (72 Hours): If the screener finds that the person meets the commitment criteria, they are referred to an inpatient psychiatric facility. That facility can hold the person for a maximum of 72 hours. Within that tight window, the facility must start formal court proceedings and get a temporary commitment order from a judge. If they don’t get the court order in 72 hours, the patient must be released, unless they agree to stay voluntarily.

Non-Emergency Situations

If a person isn’t in a crisis, such as when they’re already in a hospital for another medical reason, the process can be started with an independent application.

This requires two clinical certificates, with one from a licensed psychiatrist filed with the court. In this situation, no involuntary treatment can happen until after a judge signs the temporary commitment order.

Understanding Patient Rights and Legal Protections

Because this process involves a severe loss of liberty, it is surrounded by strict rules to protect the patient’s constitutional rights.

Legal Representation and Rights

Every patient facing commitment has the right to a lawyer, usually provided by the Division of Mental Health Advocacy.[4] Before any hearing, the patient and their lawyer must be given copies of all clinical evaluations, the court order, and a clear statement of their rights.

Patients keep all their civil rights, such as the right to vote, unless specifically denied by the law. Being treated for a mental illness does not, by itself, mean a person is legally incompetent.

Judicial Review and the Least Restrictive Environment

A commitment is not permanent. The law demands frequent judicial reviews to make sure the commitment is still necessary.

The first “Final Commitment Hearing” must happen within 20 days. After that, more hearings are required at six months, nine months, twelve months, and then once every year.

This strict schedule forces the court to always consider the “Least Restrictive Environment” (LRE) and ensure the treatment plan is still appropriate.

Transitioning Out of Treatment

The law has clear ways to end a commitment. If a patient wants to switch to a voluntary status, a hearing must be held within 20 days to see if they are making the choice knowingly.

Also, the treatment team can discharge a patient “administratively” at any time if they decide the person no longer meets the criteria, as long as a safe discharge plan is in place.