N.J.S.A. 26:2B-40 — Licensing for certain residential drug treatment programs; rules, regulations.

26:2B-40 Licensing for certain residential drug treatment programs; rules, regulations. 1. a. A drug treatment program operating within a State correctional facility or county jail which meets or substantially meets the requirements for licensing as a residential drug treatment program shall be granted such license by the Division of Addiction Services in the Department of Human Services. b. A drug treatment program which the Director of the Division of Addiction Services determines does not meet or substantially meet the requirements for licensing as a residential drug treatment program shall be advised by the director, within 60 days of the determination, specifically as to which requirement or requirements the program failed to meet. If such drug treatment program addresses the deficiency or deficiencies and can meet or substantially meet the requirements, the program may reapply for licensure as a residential drug treatment program. c. The Commissioner of the Department of Human Services may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of this act. L.2014, c.1, s.1. 26:2BB-1. Findings, declarations 1. The Legislature finds and declares that: substance use disorders are major health problems facing the residents of this State; aspects of these problems extend into many areas under various State departments; placement in, but not of, the State Department of the Treasury is the most appropriate and logical location for focusing a coordinated planning and review effort to ameliorate these problems and for establishing a Governor's Council Substance Use Disorder as an independent coordinating, planning, research and review body regarding all aspects of substance use disorder; and establishing a Division of Mental Health and Addiction Services within the State Department of Human Services will enhance the effectiveness of the State's role in formulating comprehensive and integrated public policy and providing effective treatment, prevention and public awareness efforts against substance use disorders. The Legislature further finds and declares that: as the cooperation and active participation of all communities in the State is necessary to achieve the goal of reducing substance use disorder, there should be established within the Governor's Council on Substance Use Disorder, an Alliance to Prevent Substance Use Disorder, to unite the communities of this State in a coordinated and comprehensive effort; and that the full resources of this State including counties, municipalities and residents of the State must be mobilized in a persistent and sustained manner in order to achieve a response capable of meaningfully addressing not only the symptoms but the root causes of this pervasive problem. L. 1989, c. 51, s. 1; amended 2023, c.177, s.70. 26:2BB-2 Governor's Council on Substance Use Disorder. 2. There is created a 26-member council in, but not of, the Department of the Treasury which shall be designated as the Governor's Council on Substance Use Disorder. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Governor's Council on Substance Use Disorder is allocated to the Department of the Treasury, but, notwithstanding the allocation, the office shall be independent of any supervision or control by the department or by any board or officer thereof. The council shall consist of 12 ex officio members and 14 public members. a. The ex officio members of the council shall be: the Attorney General, the Commissioners of Labor and Workforce Development, Education, Human Services, Health, Children and Families, Community Affairs, Personnel and Corrections, the chair of the executive board of the New Jersey Presidents' Council, the Administrative Director of the Administrative Office of the Courts and the Adjutant General. An ex officio member may designate an officer or employee of the department or office which the ex officio member heads to serve as the member's alternate and exercise the member's functions and duties as a member of the Governor's Council on Substance Use Disorder. b. The 14 public members shall be residents of the State who are selected for their knowledge, competence, experience or interest in connection with substance use disorder. They shall be appointed as follows: two shall be appointed by the President of the Senate, two shall be appointed by the Speaker of the General Assembly and 10 shall be appointed by the Governor, with the advice and consent of the Senate. At least two of the public members appointed by the Governor shall be persons rehabilitated from alcohol use disorder and at least two of the public members appointed by the Governor shall be persons rehabilitated from substance use disorders involving drugs. c. The term of office of each public member shall be three years; except that of the first members appointed, four shall be appointed for a term of one year, five shall be appointed for a term of two years and five shall be appointed for a term of three years. Each member shall serve until a successor has been appointed and qualified, and vacancies shall be filled in the same manner as the original appointments for the remainder of the unexpired term. A public member shall be eligible for reappointment to the council. d. The chairperson of the council shall be appointed by the Governor from among the public members of the council and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the chairperson's successor. The members of the council shall elect a vice-chairperson from among the members of the council. The Governor may remove any public member for cause, upon notice and opportunity to be heard. e. The council shall meet at least monthly and at such other times as designated by the chairperson. Fourteen members of the council shall constitute a quorum. The council may establish any advisory committees it deems advisable and feasible. f. The chairperson shall be the request officer for the council within the meaning of such term as defined in section 6 of article 3 of P.L.1944, c.112 (C.52:27B-15). g. The public members of the council shall receive no compensation for their services, but shall be reimbursed for their expenses incurred in the discharge of their duties within the limits of funds appropriated or otherwise made available for this purpose. L.1989, c.51, s.2; amended 1996, c.5; 2006, c.47, s.107; 2017, c.131, s.99; 2023, c.177, s.71. 26:2BB-3. Appointment of executive director, staff 3. a. The Governor's Council on Substance Use Disorder shall be administered by an executive director who shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the executive director's successor. b. The executive director shall be a person qualified by training and experience to perform the duties of the council. c. The executive director shall have the authority to employ a deputy executive director, who shall be in the unclassified service of the Civil Service, and such staff as are necessary to accomplish the work of the council within the limits of available appropriations. The executive director may delegate to subordinate officers or employees of the council any of his powers which the executive director deems desirable to be exercised under the executive director's supervision and control. All employees of the council except the executive director and the deputy executive director shall be in the career service of the Civil Service. d. The executive director shall attend all meetings of the Governor's Council on Substance Use Disorder. L. 1989, c. 51, s. 3; amended 2023, c.177, s.72. 26:2BB-4. Authority, powers of council 4. The Governor's Council on Substance Use Disorder is authorized and empowered to: a. Review and coordinate all State departments' efforts in regard to the planning and provision of treatment, prevention, research, evaluation, and education services for, and public awareness of, substance use disorder; b. Prepare by July 1 of each year, the State government component of the Comprehensive Statewide Substance Use Disorder Master Plan for the treatment, prevention, research, evaluation, education and public awareness of substance use disorder in this State, which plan shall include an emphasis on prevention, community awareness, and family and youth services; c. Review each County Annual Alliance Plan and the recommendations of the Division of Mental Health and Addiction Services in the Department of Human Services for awarding the Alliance grants and, by October 1 of each year, return the plan to the Local Advisory Committee on Substance Use Disorder with the council's proposed recommendations for awarding Alliance grants; d. Submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, by December 1 of each year, the Comprehensive Statewide Substance Use Disorder Master Plan which shall include recommended appropriate allocations to State departments, local governments and local agencies and service providers of all State and federal funds for the treatment, prevention, research, evaluation, education and public awareness of substance use disorder in accordance with the regular budget cycle, and shall incorporate and unify all State, county, local and private substance use disorder initiatives; e. Distribute grants, upon the recommendation of the executive director of the council, by August 1 of each year to counties and municipalities for substance use disorder programs established under the Alliance to Prevent Substance Use Disorder; f. Evaluate the existing funding mechanisms for substance use disorder services and recommend to the Governor and the Legislature any changes which may improve the coordination of services to citizens in this State; g. Encourage the development or expansion of employee assistance programs for employees in both government and the private sector; h. Evaluate the need for, and feasibility of, including other addictions, such as smoking and gambling, within the scope and responsibility of the council; i. Collect from any State, county, local governmental entity or any other appropriate source data, reports, statistics or other materials which are necessary to carry out the council's functions; and j. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to carry out the purposes of this act. The council shall not accept or receive moneys from any source other than moneys deposited in, and appropriated from, the "Drug Enforcement and Demand Reduction Fund" established pursuant to N.J.S.2C:35-15 and any moneys appropriated by law for operating expenses of the council or appropriated pursuant to section 19 of P.L.1989, c.51. L. 1989, c. 51, s. 4; amended 2023, c.177, s.73. 26:2BB-5. Division of Mental Health and Addiction Services. 5. There is established in the Department of Human Services a Division of Mental Health and Addiction Services. The division shall be administered by assistant commissioner. The assistant commissioner shall be a person qualified by training and experience to perform the duties of the office. The assistant commissioner shall be appointed by the commissioner with the approval of the Governor and shall serve at the pleasure of the commissioner during the commissioner's term of office and until the appointment and qualification of the assistant commissioner's successor. The assistant commissioner shall receive a salary which shall be provided by law. The Commissioner of Human Services shall report annually to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52;14-19.1, the Legislature, on the activities of the division and include in that annual report an assessment of the adequacy of the current delivery of treatment services in the State and of the need for additional treatment services. L. 1989, c. 51, s. 5; amended 2023, c.177, s.74. 26:2BB-6. Transfer of functions, powers, duties. 6. All the functions, powers and duties of the Director of the Division of Alcoholism and the Director of the Division of Narcotic and Drug Abuse Control are transferred to and vested in the Assistant Commissioner of the Division of Mental Health and Addiction Services, pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). L. 1989, c. 51, s. 6; amended 2023, c.177, s.75. 26:2BB-7. Alliance to Prevent Substance Use Disorder. 7. a. There is created an Alliance to Prevent Substance Use Disorder hereinafter referred to as the "Alliance," in the Governor's Council on Substance Use Disorder. The purpose of the Alliance shall be to create a network comprised of all the communities in New Jersey which is dedicated to a comprehensive and coordinated effort against substance use disorder. The Alliance shall be a mechanism both for implementing policies to reduce substance use disorder at the municipal level, and for providing funds, including moneys from mandatory penalties on drug offenders, to member communities to support appropriate county and municipal-based substance use disorder education and public awareness activities. b. The Governor's Council on Substance Use Disorder shall adopt rules and regulations for participation in, and the operation of, the Alliance and for the awarding of grants to municipalities and counties from funds appropriated for such purposes pursuant to P.L.1989, c.51 (C.26:2BB-1 et al.), section 5 of P.L.1993, c.216 (C.54:43-1.3) and funds derived from the "Drug Enforcement and Demand Reduction Fund" established pursuant to N.J.S.2C:35-15, for the purpose of developing: (1) Organized and coordinated efforts involving schools, law enforcement, business groups and other community organizations for the purpose of reducing substance use disorder; (2) In cooperation with local school districts, comprehensive and effective substance use disorder education programs in grades kindergarten through 12; (3) In cooperation with local school districts, procedures for the intervention, treatment, and discipline of students using alcohol or drugs; (4) Comprehensive substance use disorder education, support and outreach efforts for parents in the community; and (5) Comprehensive substance use disorder community awareness programs. c. Funds disbursed under this section shall not supplant local funds that would have otherwise been made available for substance use disorder initiatives. Communities shall provide matching funds when and to the extent required by the regulations adopted pursuant to this section. d. The county agency or individual designated by the governing body of each county pursuant to subsection a. of section 4 of P.L.1983, c.531 (C.26:2B-33), is authorized to receive from the Governor's Council on Substance Use Disorder moneys made available pursuant to this section. The designated county agency or individual shall establish a separate fund for the receipt and disbursement of these moneys. L.1989, c.51, s.7; amended 1993, c.216, s.4; 2023, c.177, s.76. 26:2BB-8. County Alliance Steering Subcommittee; functions and powers; review and revision of plan. 8. a. Each Local Advisory Committee on Substance Use Disorder, established pursuant to section 4 of P.L.1983, c.531 (C.26:2B-33), shall establish a County Alliance Steering Subcommittee in conjunction with regulations adopted by the Governor's Council on Substance Use Disorder. The members of the subcommittee shall include, but not be limited to, private citizens and representatives of the: (1) Local Advisory Committee on Substance Use Disorder; (2) County Human Services Advisory Council; (3) County Superintendent of Schools; (4) Existing county council on alcohol use disorder, if any; (5) County Prosecutor's office; (6) Family part of the Chancery Division of the Superior Court; (7) Youth Services Commission; (8) County School Board Association; (9) County health agency; (10) County mental health agency; (11) Local businesses; (12) County affiliate of the New Jersey Education Association; and (13) Other service providers. b. The functions of the County Alliance Steering Subcommittee shall include: (1) Development and submission of a County Annual Alliance Plan for the expenditure of funds derived from the "Drug Enforcement and Demand Reduction Fund," N.J.S. 2C:35-15; (2) Development of programs and fiscal guidelines consistent with directives of the Governor's Council on Substance Use Disorder for the awarding of funds to counties and municipalities for substance use disorder Alliance activities; (3) Identification of a network of community leadership for the expansion, replication and development of successful community model programs throughout the county; and (4) Coordination of projects among and within municipalities to ensure cost effectiveness and avoid fragmentation and duplication. c. The County Alliance Steering Subcommittee shall ensure that the funds dedicated to education pursuant to section 2 of P.L.1983, c.531 (C.54:32C-3.1) do not duplicate the Alliance effort. d. The Local Advisory Committee on Substance Use Disorder shall review and approve the County Annual Alliance Plan and submit this plan by July 1 of each year to the Division of Mental Health and Addiction Services in the Department of Human Services and to the Governor's Council on Substance Use Disorder. e. After the County Annual Alliance Plan is returned by the Governor's Council on Substance Use Disorder to the Local Advisory Committee on Substance Use Disorder with the council's proposed recommendations for awarding the Alliance grants, pursuant to subsection c. of section 4 of this amendatory and supplementary act, the committee, in conjunction with the council, may revise its plan in accordance with the council's proposed recommendations. The revised plan shall be completed in such time that it can be included in the council's recommendations to the Governor and the Legislature that are due on December 1 of each year. L. 1989, c. 51, s. 8; amended 2023, c.177, s.77. 26:2BB-9. Municipal Alliance Committee. 9. The governing body of each municipality may appoint a Municipal Alliance Committee, or join with one or more municipalities to appoint a Municipal Alliance Committee. Membership on the Municipal Alliance Committee may include the chief of police; the president of the school board; the superintendent of schools; a student assistance coordinator; a representative of the parent-teacher association; a representative of the local bargaining unit for teachers; a representative of the Chamber of Commerce; a municipal court judge; representatives of local civic associations; representatives of local religious groups; and private citizens. The Municipal Alliance Committee, in consultation with the Local Advisory Committee on Substance Use Disorder, shall identify substance use disorder prevention, education and community needs. The committee also shall implement the Alliance programs formulated pursuant to section 8 of P.L.1989, c.51 (C.26:2BB-8). The governing body of a municipality may match any funds it receives from the Alliance. L. 1989, c. 51, s. 9; amended 2023, c.177, s.78. 26:2BB-10. Rules, regulations 10. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations necessary to establish the Division of Mental Health and Addiction Services pursuant to this act. L. 1989, c. 51, s. 10; amended 2023, c.177, s.79. 26:2BB-11. Advisory commission abolished. The advisory commission to the Alcohol Education, Rehabilitation and Enforcement Fund, established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32), is abolished. L. 1989, c. 51, s. 11. 26:2BB-12. Supersedure, repeal of inconsistent acts. All acts and parts of acts inconsistent with any of the provisions of this amendatory and supplementary act are, to the extent of such inconsistency, superseded and repealed. L. 1989, c. 51, s. 12. 26:2BB-13. Evaluation. 17. Two years after the date of enactment of this amendatory and supplementary act, the Governor shall contract with an independent evaluator who shall review and evaluate the effectiveness of the Governor's Council on Substance Use Disorder in, but not of, the Department of the Treasury and the Division Mental Health and Addiction Services in the Department of Human Services. Within one year after being appointed, the evaluator shall make recommendations to the Governor and the Legislature regarding the continuation of the council and the organization of the division as they are structured pursuant to P.L.1989, c.51 (C. 26:2BB-1 et al.). L. 1989, c. 51, s. 17; amended 2023, c.177, s.80. 26:2BB-14. Continuation of funding. 18. The funding mechanisms, including the awarding of grants for drug abuse services by the Department of Health, that are in effect on the date of enactment of P.L.1989, c.51 (C.26:2BB-1 et al.) for substance use disorder services, exclusively, shall continue until such time as recommendations of the Governor's Council on Substance Use Disorder pursuant to P.L.1989, c.51 (C.26:2BB-1 et al.) are approved by the Commissioner of Human Services and enacted into law. L. 1989, c. 51, s. 18; amended 2023, c.177, s.81.

This is the verbatim text of N.J.S.A. 26:2B-40, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.