N.J.S.A. 52:27E-80 — Severability

52:27E-80. Severability 69. If any section, subsection, paragraph, sentence or other part of P.L.1994, c.58 (C.52:27E-50 et al.) is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of P.L.1994, c.58 (C.52:27E-50 et al.), but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of P.L.1994, c.58 (C.52:27E-50 et al.) directly involved in the controversy in which said judgment shall have been rendered. L.1994,c.58,s.69. 52:27EE-12 Definitions. 12. Definitions. As used in sections 27, 32, 33, 48, 50, 51 and 64 of P.L.2005, c.155 (C.52:27EE-27, C.52:27EE-32, C.52:27EE-33, C.52:27EE-48, C.52:27EE-50, C.52:27EE-51 and C.52:27EE-64): "consumer insurance rate increases" means prior approval rate increases for: personal lines property casualty coverages; Medicare supplemental coverages; or a rating system change pursuant to section 14 of P.L.1997, c.151 (C.17:29A-46.1 et seq.); "correctional facility" means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey; "elderly" means a person age 60 years or older; "facility" whenever referred to in section 64 of P.L.2005, c.155 (C.52:27EE-64), means any facility or institution, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. Facilities include, but are not limited to, nursing homes, skilled nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, residential health care facilities, special hospitals, veterans' hospitals, chronic disease hospitals, psychiatric hospitals, mental hospitals, developmental centers or facilities, day care facilities for the elderly, and medical day care centers; "indigent mental hospital admittee" means a person who has been admitted to and is a patient in a mental hospital, an institution for the care and treatment of persons with mental illness, or a similar facility, whether public or private, State, county or local, or who is the subject of an action for admission as provided by P.L.1987, c.116 (C.30:4-27.1 et seq.) and who does not have the financial ability to secure competent representation and to provide all other necessary expenses of representation; "institutionalized elderly" means any person 60 years of age or older, who is a patient, resident or client of any facility, as described herein; "public interest" means an interest or right arising from the Constitution, decisions of court, common law or other laws of the United States or of this State inhering in the citizens of this State or in a broad class of such citizens. L.2005, c.155, s.12; amended 2010, c.34, s.20; 2010, c.50, s.78. 52:27EE-21 Dispute settlement office; established. 21. Dispute Settlement Office; established. There is hereby established in the Office of the Public Defender the Dispute Settlement Office. L.2005, c.155, s.21; amended 2010, c.34, s.21. 52:27EE-22 Dispute settlement office; services. 22. Dispute Settlement Office; services. a. The Dispute Settlement Office may provide, in the discretion of the Public Defender, mediation and other third party neutral services in the resolution of disputes which involve the public interest and may enter into agreements or contracts to carry out any of the purposes or functions of this section. The office may assist public or private parties in resolving disputes. The office is authorized to: (1) facilitate the resolution of disputes through the provision of mediation and other neutral dispute resolution services; (2) establish standards for the selection, assignment, and conduct of persons acting on behalf of the office in the resolution of disputes; (3) conduct educational programs and provide other services designed to reduce the occurrence, magnitude, or cost of disputes; (4) design, develop, or operate dispute resolution programs, or assist in improving or extending existing dispute resolution programs; (5) work with the business ombudsman or advocate in the New Jersey Commerce and Economic Growth Commission and take such other action as will promote and facilitate dispute resolution in the State; and (6) coordinate and cooperate with the Office of Administrative Law so as to avoid duplication of effort and to facilitate alternate resolution of disputes that would otherwise require administrative hearings. b. The Public Defender may establish reasonable fees to be charged to public or private parties for the provision of the educational, consultation, dispute resolution, or other services authorized herein and may apply for and accept on behalf of the State any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or activities of the office. The Public Defender in the name of the State shall do all that is necessary and proper to receive or to collect all moneys due to the State, including such fees, grants, bequests, gifts, or contributions, by or reimbursement for services rendered pursuant to this section. L.2005, c.155, s.22; amended 2010, c.34, s.22. 52:27EE-23 Dispute settlement office; transfer of functions. 23. Dispute Settlement Office; transfer of functions. All functions, powers and duties which had been vested in the Office of Dispute Settlement in the Division of Citizen Relations in the Department of the Public Advocate are hereby transferred to and assumed by the Dispute Settlement Office of the Office of the Public Defender. Whenever in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Dispute Settlement Office in the Department of the Public Advocate, the same shall mean and refer to the Dispute Settlement Office in the Office of the Public Defender. L.2005, c.155, s.23; amended 2010, c.34, s.23. 52:27EE-26 Office of Corrections Ombudsperson; transfer of functions. 26. Office of Corrections Ombudsperson; transfer of functions. a. All functions, powers, and duties now vested in the Corrections Ombudsperson in the Department of the Public Advocate are hereby transferred to and assumed by the Office of the Corrections Ombudsperson in, but not of, the Department of the Treasury. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Corrections Ombudsperson is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the Office of the Ombudsperson shall be independent of any supervision or control by the Department of the Treasury or by any board or officer thereof. b. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial, or administrative proceeding, or otherwise, reference is made to the Corrections Ombudsperson in the Department of the Public Advocate the same shall mean and refer to the Office of the Corrections Ombudsperson in, but not of, the Department of the Treasury. c. The office shall be responsible for: (1) providing information to inmates and their families; (2) promoting public awareness and understanding of the rights of inmates; (3) identifying systemic issues and responses upon which the Governor and Legislature may act; and (4) ensuring compliance with relevant statutes, rules, regulations, and policies concerning corrections facilities, services, and treatment of inmates under the jurisdiction of the department. d. The Corrections Ombudsperson shall serve as the head of the Office of the Corrections Ombudsperson. (1) The corrections ombudsperson shall be appointed by the Governor from qualified persons of recognized judgment, independence, objectivity, and integrity, who are qualified by training or experience in corrections law and policy. (2) A person shall be disqualified from being appointed as ombudsperson if the person or the person's spouse: (a) is or has been employed by or participates in the management of a business entity or other organization receiving funds from the department within the last five years; (b) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department within the last five years; (c) uses or receives any amount of tangible goods, services, or funds from the department; or (d) is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession related to the operation of the department or the office. e. The corrections ombudsperson shall hold the office for a term of five years and continue to hold the office until reappointed or the appointment of a successor. The Governor may remove the ombudsperson only for neglect of duty, misconduct, or the inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term. f. The corrections ombudsperson shall report directly to the Governor. g. The office shall be adequately funded and staffed with the requisite number of employees with expertise and training necessary to carry out the duties of the office. h. The corrections ombudsperson may employ assistants to perform duties and exercise the same powers as the ombudsperson. i. A person may not serve as an assistant corrections ombudsperson or employee of the office if the person or the person's spouse: (a) is or has been employed by or participates in the management of a business entity or other organization receiving funds from the Department within the last five years; (b) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department within the last five years; (c) uses or receives any amount of tangible goods, services, or funds from the department; or (d) is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession related to the operation of the department or the office. j. The corrections ombudsperson may employ technical experts and other employees or consultants necessary to perform the duties of the office. L.2005, c.155, s.26; amended 2010, c.34, s.24; 2019, c.288, s.6. 52:27EE-27 Corrections Ombudsperson; jurisdiction. 27. Corrections Ombudsperson; jurisdiction. Any person, over the age of 18 years, who is convicted of a crime under the laws of the State of New Jersey and sentenced to a correctional facility for more than 364 days is a "State-sentenced" inmate and considered to be among the individuals who may properly seek redress from the Corrections Ombudsperson concerning the conditions of their confinement. L.2005,c.155,s.27. 52:27EE-28 Corrections Ombudsperson; duties. 28. Corrections Ombudsperson; duties. a. The Corrections Ombudsperson shall establish and implement procedures for eliciting, receiving, processing, responding, and resolving complaints from inmates, their families, other interested citizens, public officials, and government agencies concerning conditions in the correctional facilities noted in section 27 of P.L.2005, c.155 (C.52:27EE-27). b. To implement the provisions of P.L.2019, c.288, the ombudsperson shall: (1) establish priorities for use of the resources available to the ombudsperson; (2) maintain a Statewide toll-free telephone number, a collect telephone number, a website, and a mailing address for the receipt of complaints and inquiries; (3) provide information, as appropriate, to inmates, family members and representatives of inmates, department employees, and others regarding the rights of inmates; (4) provide technical assistance to support inmate participation in self-advocacy; (5) monitor compliance with applicable federal, State, county, and municipal laws, rules, regulations, and policies related to the health, safety, welfare, and rehabilitation of inmates; (6) monitor and participate in legislative and policy developments affecting correctional facilities; (7) establish a Statewide uniform reporting system to collect and analyze data related to complaints received by the ombudsperson regarding the department; (8) establish procedures to receive, investigate, and resolve complaints; (9) establish procedures to gather stakeholder input into the ombudsperson's activities and priorities, which shall include holding public meetings at least quarterly; (10) by November 1st of each year, annually submit to the Governor's office and the Legislature, and make publicly available, a report that is both aggregated and disaggregated by each facility and includes, at a minimum, the following information: (a) the budget and expenditures of the ombudsperson; (b) the number of complaints received and resolved by the ombudsperson; (c) a description of significant systemic or individual investigations or outcomes achieved by the ombudsperson in the preceding year; (d) any outstanding or unresolved concerns or recommendations of the ombudsperson; and (e) input and comments from stakeholders regarding the ombudsperson's activities during the preceding year. (11) promote awareness among department employees, inmates, and family members and other members of the public regarding: (a) how the Office of Corrections Ombudsperson may be contacted; (b) the purpose of the office; and (c) the services provided by the office. (l2) provide assistance to an inmate or family member whom the ombudsperson determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the inmate; (13) make appropriate referrals under any of the powers and duties of the office, including to appropriate law enforcement authorities when criminal complaints by inmates are received by the office; (14) attend any relevant training provided to correctional officers and participate in other appropriate professional training; (15) notwithstanding any other provision of law to the contrary, review criminal investigations to ensure the investigations were accurate, unbiased, and thorough without investigating alleged criminal behavior; and (16) adopt and comply with rules, policies, and procedures necessary to implement the provisions of P.L.2019, c.288. L.2005, c.155, s.28; amended 2019, c.288, s.7. 52:27EE-28.1 Investigations of inmate complaints. 8. The corrections ombudsperson shall conduct investigations of inmate complaints in accordance with the provisions of this section. a. The ombudsperson may initiate and attempt to resolve an investigation upon the ombudperson's own initiative, or upon receipt of a complaint from an inmate, a family member, a representative of an inmate, a department employee, or any other person, including but not limited to any of the following that may adversely affect the health, safety, welfare, or rights of inmates: (1) abuse or neglect; (2) department decisions or administrative actions; (3) inactions or omissions; (4) policies, rules, or procedures; or (5) alleged violations of law by the department that may adversely affect the health, safety, welfare, or rights of inmates. b. If the ombudsperson does not investigate a complaint, the ombudsperson shall notify the complainant of the decision not to investigate and the reasons for the decision. c. The ombudsperson shall not investigate any complaints relating to an inmate's underlying criminal conviction. d. The ombudsperson shall not investigate a complaint from a department employee that relates to the employee's employment relationship with the department or the administration of the department, unless the complaint is related to the health, safety, welfare, and rehabilitation of inmates. e. The ombudsperson shall attempt to resolve any complaint at the lowest possible level. f. The ombudsperson may refer complainants and others to appropriate resources, agencies, or departments. g. The ombudsperson shall not impose any fee for the submission or investigation of complaints. h. The ombudsperson shall remain neutral and impartial and shall not act as an advocate for the complainant or for the department. i. At the conclusion of an investigation of a complaint, the ombudsperson shall render a public decision on the merits of each complaint, except that the documents supporting the decision are subject to relevant confidentiality provisions. The ombudsperson shall communicate the decision to the inmate, if appropriate, and to the department. The ombudsperson shall state its recommendations and reasoning if, in the ombudsperson's opinion, the department or any employee should: (1) further consider the matter; (2) modify or cancel any action; (3) alter a rule, practice, or ruling; (4) explain in detail the administrative action in question; or (5) rectify an omission. j. At the ombudsperson's request, the department shall, within the time specified, inform the ombudsperson about any action taken on the recommendations or the reasons for not complying with the recommendations. k. If the ombudsperson concludes, based on the investigation, that there has been, or continues to be, a significant issue regarding an inmate's health, safety, welfare, or rehabilitation, the ombudsperson shall report the finding to the Governor and the Legislature. l. Before announcing a conclusion or recommendation that expressly, or by implication, criticizes a person or the department, the ombudsperson shall consult with that person or the department. The ombudsperson may request to be notified by the department, within a specified time, of any action taken on any recommendation presented. The ombudsperson shall notify the inmate, if appropriate, of the actions taken by the department in response to the ombudsperson's recommendations. m. The ombudsperson shall make available to inmates confidential means by which to report concerns or otherwise submit complaints to the ombudsperson, which may include electronic means or a locked box, accessible only by the ombudsperson and the employees of the ombudsperson. All measures shall be taken to ensure there is no risk or credible fear of retaliation against inmates for submitting complaints to the ombudsperson. n. Submission of complaints to the ombudsperson shall not be part of the department administrative grievance or appeal process, and the ombudsperson's decisions shall not constitute agency action. Nothing in this section shall be deemed to constitute part of the administrative exhaustion process. The ombudsperson shall not require inmates to file grievances or other inquiries as part of the department's system to be considered ripe for review by the ombudsperson. L.2019, c.288, s.8. 52:27EE-28.2 Inspections of State correctional facilities. 9. The corrections ombudsperson shall conduct inspections of State correctional facilities in accordance with the provisions of this section. a. The ombudsperson shall conduct regular inspections of all department facilities and issue public reports of all inspections. b. Except for ongoing criminal investigations, Prison Rape Elimination Act (PREA) investigations, or other information, records, or investigations deemed confidential by the Special Investigations Division of the department, and with the exception of Special Investigations Division evidence rooms, the ombudsperson may inspect, examine, or assess all aspects of a facility's operations and conditions including, but not limited to: (1) staff recruitment, training, supervision, and discipline; (2) inmate deaths or serious injuries; (3) incidences of physical and sexual assault; (4) medical and mental health care; (5) use of force; (6) inmate violence; (7) conditions of confinement; (8) inmate disciplinary processes; (9) inmate grievance processes; (10) substance use disorder treatment; (11) educational, vocational, and other programming; (12) family visitation and communication practices; and (13) rehabilitation, reentry, and integration practices. c. Except as provided in subsection b. of this section, the ombudsperson shall utilize a range of methods to gather and substantiate facts, including observations, interviews with inmates, inmate surveys, document and record reviews, reports, statistics, and performance-based outcome measures. d. Facility and other governmental officials are authorized and shall be required to cooperate fully and promptly with inspections. e. Except as provided in subsection b. of this section, the ombudsperson shall be vested with the authority to conduct both scheduled and unannounced inspections of any part or all of the facility at any time. The ombudsperson shall adopt procedures to ensure that unannounced inspections are conducted in a reasonable manner. f. Facility administrators shall be provided an opportunity to review reports and provide feedback about them to the ombudsperson before their dissemination to the public, but the release of the reports is not subject to approval from any entity or person outside the office. g. Reports shall apply legal requirements, best correctional practices, and other criteria to objectively and accurately review and assess a facility's policies, procedures, programs, and practices; identify systemic problems and the reasons for them; and proffer possible solutions to those problems. h. Subject to reasonable privacy and security requirements, or as may be necessary to protect the safety or privacy of persons or the safe, secure, and orderly operation of State correctional facilities, as determined by the department or the Special Investigations Division, the ombudsperson's reports shall be public, accessible through the Internet, and distributed to the media, Legislature, Attorney General, and Governor. i. Facility administrators shall publicly respond to monitoring reports; develop and implement in a timely fashion action plans to rectify problems identified in those reports; and semi-annually inform the public of their progress in implementing these action plans. j. The ombudsperson shall continue to assess and report on previously identified problems and the progress made in resolving them until the problems are resolved. L.2019, c.288, s.9; amended 2023, c.177, s.149. 52:27EE-28.3 Access to facilities, records. 10. The corrections ombudsperson shall be provided access to correctional facilities and inmate records in accordance with the provisions of this section. a. Subject to the provisions of subsection b. of this section, and except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson shall have reasonable access to correctional facilities at all times necessary to ensure that a full investigation of an incident of abuse or neglect has been conducted. b. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), access to investigate a complaint shall be afforded when: (1) an incident is reported or a complaint is made to the office; (2) the ombudsperson reasonably determines there is cause to believe that an incident has or may have occurred; (3) the ombudsperson determines that there is or may be imminent danger of serious abuse or neglect of an inmate; (4) the ombudsperson has referred the incident or complaint to the department for investigation; and (5) the department has declined to investigate the incident or complaint. c. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson shall have reasonable access to all department facilities, including all areas which are used by inmates, all areas which are accessible inmates, and to programs for inmates for the purpose of: (1) providing information about person's rights and the services available from the office, including the name, address, and telephone number of the office; and (2) monitoring compliance with respect to the rights and safety of inmates. d. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson shall be vested with the authority to regularly meet, interview, and privately and confidentially communicate with any person, including staff and inmates, both formally and informally, by telephone, mail, and in person. e. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the ombudsperson has the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department that the ombudsperson considers necessary in an investigation of a complaint or the inspection of a facility. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), the department may, upon the request of the ombudsperson, assist the ombudsperson in obtaining releases for those documents which are specifically restricted or privileged for use by the ombudsperson, provided however, the department shall not be liable in the case of a refusal to execute a release. f. Except as provided in subsection b. of section 9 of P.L.2019, c.288 (C.52:27EE-28.2), following notification from the ombudsperson with a written demand for access to agency records, the delegated department staff shall provide the ombudsperson with access to the requested documentation not later than 20 business days after the ombudsperson's request. g. Upon notice and request by the ombudsperson, a State, county, or municipal government agency or entity that has records relevant to a complaint or an investigation conducted by the ombudsperson shall provide the ombudsperson with access to the records. h. The ombudsperson shall work with the department to minimize disruption to the department's operations due to ombudsperson activities and shall comply with the department's security clearance processes, provided those processes do not impede the ombudsperson from carrying out the responsibilities set forth in this section. i. The ombudsperson shall be authorized to hold public hearings, to subpoena witnesses and documents, and to require that witnesses testify under oath. j. The ombudsperson shall enact procedures to enable facility administrators, line staff, inmates, and others to transmit information confidentially to the monitoring entity about the facility's operations and conditions. Adequate safeguards shall be established to protect persons who transmit information to the monitoring entity from retaliation and threats of retaliation. k. Facility and other governmental officials shall be authorized and required to cooperate fully and promptly with the ombudsperson. To the greatest extent possible and consistent with the ombudsperson's duties and responsibilities under P.L.2019, c.288 (C.30:1B-6.5 et al.), the ombudsperson shall collaboratively and constructively work with administrators, legislators, and other appropriate persons to improve the facility's operations and conditions. L.2019, c.288, s.10. 52:27EE-28.4 Correspondence, communication confidential, protected. 11. Correspondence and communication with the corrections ombudsperson shall be confidential and protected as privileged correspondence in the same manner as legal correspondence or communication. a. The ombudsperson shall establish confidentiality rules and procedures for all information maintained by the office. b. The ombudsperson shall treat all matters under investigation, including the identities of recipients of ombudsperson services, complainants, and persons from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombudsperson to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that, by law, is confidential or privileged, the ombudsperson shall maintain the confidentiality of the information and shall not further disclose or disseminate the information except as provided by applicable federal or State law or as authorized by this section. c. To the extent the ombudsperson reasonably believes necessary, the ombudsperson: (1) shall reveal information obtained in the course of providing services to prevent reasonably certain death or substantial bodily harm; and (2) may reveal information obtained in the course of providing ombudsperson services to prevent the commission of a crime. d. If the ombudsperson believes it is necessary to reveal investigative records pursuant to subsection c. of this section, the ombudsperson shall provide a copy of what is intended to be disclosed to the department for review and application of legal exemptions prior to releasing the records to any other person. If the ombudsperson personally receives identifying information concerning a member of the corrections staff during the course of an investigation that the ombudsperson determines is unrelated or unnecessary to the subject of the investigation or recommendation for action, the ombudsperson shall not further disclose the information. If the ombudsperson determines that the disclosure is necessary to an investigation or recommendation, the ombudsperson shall contact the staff member, as well as the bargaining unit representative before any disclosure. L.2019, c.288, s.11. 52:27EE-28.5 Prohibited actions. 12. A civil action shall not be brought against any employee of the Office of the Ombudsperson for the good faith performance of responsibilities under P.L.2019, c.288. a. A discriminatory, disciplinary, or retaliatory action shall not be taken against a department employee, subcontractor, or volunteer, an inmate, or a family member or representative of an inmate for any communication made, or information given or disclosed, to aid the office in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith. b. This section is not intended to infringe on the rights of an employer to supervise, discipline, or terminate an employee for other reasons. L.2019, c.288, s.12. 52:27EE-28.6 Advisory board. 13. An advisory board shall be established to advise the Office of the Corrections Ombudsperson. The Governor shall appoint three positions, the President of the Senate shall appoint three positions, and the Speaker of the General Assembly shall appoint three positions. The advisory board shall designate positions for representatives of the following areas of expertise: investigations, health care, sexual assault victims' advocacy, social work, occupational safety and health, and research and data analysis. At least one position on the advisory board shall be filled by a family member of an inmate or by a formerly incarcerated person. L.2019, c.288, s.13. 52:27EE-29 Division of Mental Health Advocacy; established. 29. Division of Mental Health Advocacy; established. a. There is hereby established in the Office of the Public Defender a Division of Mental Health Advocacy to be under the supervision of the Director of the Division of Mental Health Advocacy. b. The division is hereby designated as the State's mental health protection and advocacy agency. The division shall have all the powers necessary to carry out its responsibilities as required to qualify for federal funding as the State protection and advocacy agency. L.2005, c.155, s.29; amended 2010, c.34, s.25. 52:27EE-30 Division of Mental Health Advocacy; objective; duties. 30. Division of Mental Health Advocacy; objective; duties. a. The Division of Mental Health Advocacy shall promote, advocate, and ensure the adequacy of the care received, and the quality of life experienced, by persons with mental illness, including patients, residents, and clients within the mental health facilities and programs operated, funded, or licensed by the State. In determining what elements are essential to ensure adequate care and quality of life, the division shall consider the unique medical, social, and economic needs and problems of persons with mental illness as patients, residents, and clients of facilities and as citizens and community members. b. The director shall establish and implement procedures to elicit, receive, process, respond, and resolve complaints from patients, their families, other interested citizens, public officials, and government agencies concerning conditions in the State's mental health facilities. L.2005,c.155,s.30. 52:27EE-31 Division of Mental Health Advocacy; class actions. 31. Division of Mental Health Advocacy; class actions. The Director of the Division of Mental Health Advocacy may represent, with the approval of the Public Defender, the interests of indigent mental hospital admittees in such disputes and litigation as will, in the discretion of the Public Defender, best advance the interests of indigent mental hospital admittees as a class on an issue of general application to them, and may act as representative of indigent mental hospital admittees with any principal department or other instrumentality of State, county or local government. L.2005, c.155, s.31; amended 2010, c.34, s.26. 52:27EE-32 Division of Mental Health Advocacy; legal representation; medical consultation. 32. Division of Mental Health Advocacy; legal representation; medical consultation. The Division of Mental Health Advocacy may provide such legal representation and medical consultation as the director deems appropriate for any indigent mental hospital admittee in any proceeding concerning the admittee's admission to, and retention in, or release from confinement in such a hospital, institution or facility. L.2005,c.155,s.32. 52:27EE-33 Division of Mental Health Advocacy; eligibility for services. 33. Division of Mental Health Advocacy; eligibility for services. Eligibility for mental health advocacy services shall be determined on the basis of the need of the client. Need shall be measured according to the financial ability of the client to engage and compensate competent private counsel and to provide all other necessary expenses of representation. Such ability shall be recognized to be a variable depending on the nature, extent and liquidity of assets and on the disposable net income of the client as compared with the nature of the case, the effort and skill required to gather pertinent information, render advice, conduct trial or render other legal services, and probable expenses to be incurred. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the division shall undertake the same provisionally, and if it is determined subsequently that the client is ineligible, the division shall so inform the client, and the client shall thereupon, with the approval of the court, be obliged to engage his or her own counsel and to reimburse the division for the cost of the services rendered to that time. L.2005,c.155,s.33. 52:27EE-34 Division of Mental Health Advocacy; financial status of client; investigation. 34. Division of Mental Health Advocacy; financial status of client; investigation. The Division of Mental Health Advocacy shall make such investigation of the financial status of each mental health client as the circumstances warrant. The division, pursuant to rules and regulations promulgated by the Office of the Public Defender for this purpose, may obtain information from any public record, office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law. L.2005, c.155, s.34; amended 2010, c.34, s.27. 52:27EE-35 Division of Mental Health Advocacy; staff. 35. Division of Mental Health Advocacy; staff. a. The Director of the Division of Mental Health Advocacy may employ, with the approval of the Public Defender, such assistants on a full-time basis as are necessary to protect the rights of persons with mental illness. When exceptional circumstances arise, the director may retain, with the approval of the Public Defender, on a temporary basis such other expert assistants as are necessary pursuant to a reasonable fee schedule established in advance by the Public Defender. b. Cases shall be assigned to staff attorneys or attorneys hired by case on a basis calculated to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors. c. Employees of the Division of Mental Health Advocacy in the Department of the Public Advocate who are client services representatives or patient advocates for the mentally ill providing patient advocacy services in State or county facilities that provide inpatient care, supervision and treatment for persons with mental illness, including psychiatric facilities, and the functions of such employees, are hereby transferred to the Office of the Public Defender to be employees thereof. The Public Defender through the Division of Mental Health Advocacy shall employ such persons and continue such functions in the manner the Public Defender and the director of the division shall deem appropriate and necessary. These employees shall report to the division director and the Public Defender. L.2005, c.155, s.35; amended 2010, c.34, s.28. 52:27EE-36 Division of Mental Health Advocacy; status of staff. 36. Division of Mental Health Advocacy; status of staff. Independent contractors or other individuals, agencies, or entities not established in or employed by the Office of the Public Defender retained to provide protection and advocacy services to indigent mental hospital admittees, or designated to provide mental health protection and advocacy services, are not public entities or public employees for purposes of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq. L.2005, c.155, s.36; amended 2010, c.34, s.29. 52:27EE-37 Division of Mental Health Advocacy; transfer of functions. 37. Division of Mental Health Advocacy; transfer of functions. All functions, powers, and duties which had been vested in the Division of Mental Health Advocacy in the Department of the Public Advocate are hereby transferred to and assumed by the Division of Mental Health Advocacy in the Office of the Public Defender. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Division of Mental Health Advocacy in the Department of the Public Advocate, the same shall mean and refer to the Division of Mental Health Advocacy in the Office of the Public Defender. L.2005, c.155, s.37; amended 2010, c.34, s.30. 52:27EE-46 Division of Rate Counsel; established. 46. Division of Rate Counsel; established. There is hereby established in the Department of the Treasury the Division of Rate Counsel to be under the supervision of the Director of the Division of Rate Counsel. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Division of Rate Counsel is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the division shall be independent of any supervision or control by the department or by any board or officer thereof. L.2005, c.155, s.46; amended 2010, c.34, s.31. 52:27EE-47 Director of the Division of Rate Counsel; staff. 47. Director of the Division of Rate Counsel; staff. a. The Director of the Division of Rate Counsel shall be an attorney-at-law of this State, appointed by the Governor. b. When exceptional circumstances arise, the Director of the Division of Rate Counsel, with the approval of the State Treasurer, may on a temporary basis retain such expert assistants as are necessary to protect the public interest, pursuant to a reasonable fee schedule established in advance by the Treasurer. c. Cases shall be assigned to staff attorneys or to attorneys hired on a case by case basis calculated to provide competent representation in the light of the nature of the case, the services to be performed, the experience of the particular attorney, and other relevant factors. L.2005, c.155, s.47; amended 2010, c.34, s.32. 52:27EE-48 Division of Rate Counsel; jurisdiction. 48. Division of Rate Counsel; jurisdiction. The Division of the Rate Counsel in, but not of, the Department of the Treasury shall have the authority to conduct investigations, initiate studies, conduct research, present comments and testimony before governmental bodies, issue reports, and produce and disseminate consumer guides on any matters that fall within the Rate Counsel's jurisdiction. The Rate Counsel shall also have the authority to represent the public interest as set forth below. a. Utilities. The Division of Rate Counsel may represent and protect the public interest as defined in section 12 of P.L.2005, c.155 (C.52:27EE-12) in proceedings before and appeals from any State department, commission, authority, council, agency, or board charged with the regulation or control of any business, industry, or utility regarding a requirement that the business, industry, or utility provide a service or regarding the fixing of a rate, toll, fare, or charge for a product or service. The Division of Rate Counsel may initiate any such proceedings when the director determines that a discontinuance or change in a required service or a rate, toll, fare, or charge for a product or service is in the public interest. b. Insurance; limited jurisdiction. The Division of Rate Counsel shall represent and protect the public interest with respect to insurance matters in significant proceedings that pertain solely to prior approval rate increases for personal lines property casualty coverages or Medicare supplemental coverages. The Division of Rate Counsel shall have no jurisdiction or authority to participate or intervene in (1) expedited prior approval rate filings made by an insurer or affiliated group of insurers pursuant to section 34 of P.L.1997, c.151 (C.17:29A-46.6) or section 3 of P.L.2001, c.409 (C.17:36-5.35), or (2) prior approval rate filings of seven percent or less, or (3) rule or form filings for any other form of insurance. In determining, in his discretion, whether a proceeding is significant, the Director of the Division of Rate Counsel shall consider the following factors: (1) the overall dollar impact of the requested increase, considering the filer's market share and the magnitude of the requested rate change; (2) whether the increase, if granted, will increase the filer's rates significantly above market norms; (3) whether the filer is advancing a significantly different alternate ratemaking methodology to the standard methodology established pursuant to section 8 of P.L.1988, c.119 (C.17:29A-36.2); (4) whether the insurer is experiencing financial difficulties at its present rate level, as evidenced by the filing of rehabilitation proceedings, recent downgrading by insurance rating services, or significant losses reported on the filer's public financial statement. The Director of the Division of Rate Counsel shall, in addition to the powers set forth in this act, have the express authority to intervene in public hearings pursuant to section 66 of P.L.1998, c.21 (C.17:29A-46.8). L.2005, c.155, s.48; amended 2010, c.34, s.33. 52:27EE-49 Division of Rate Counsel; intent. 49. Division of Rate Counsel; intent. It is the intent of the Legislature that the resources of the Division of Rate Counsel be devoted to the maximum extent possible to ensuring adequate representation of the interests of those consumers whose interests would otherwise be inadequately represented in matters within the jurisdiction of the Division of Rate Counsel. When the interests of consumers differ, the Director of the Division of Rate Counsel shall give priority to representing the interests of consumers whose interests the Director of the Division of Rate Counsel finds to be inadequately represented. This section does not require the Division of Rate Counsel to represent the interests of a consumer or group of consumers if the Director of the Division of Rate Counsel determines that such representation is adverse to the overall interests of the using and consuming public. L.2005,c.155,s.49. 52:27EE-50 Division of Rate Counsel; required notices to the division. 50. Division of Rate Counsel; required notices to the division. The Division of Rate Counsel shall receive a copy from the filer of any prior approval rate filing seeking consumer insurance rate increases, including any amendments or supplements thereto. A copy of such rate filing shall be received by the Division of Rate Counsel concurrent with any rate filing with the Commissioner of Banking and Insurance; except, however, the filer is not required to provide a copy of such rate filing with the Division of Rate Counsel if: (a) the filing is an expedited prior approval rate filing made pursuant to either section 34 of P.L.1997, c.151 (C.17:29A-46.6) or section 3 of P.L.2001, c.409 (C.17:36-5.35); or (b) the filing is made pursuant to any statutory change in coverage provided under a policy of private passenger automobile insurance; or (c) the filing is a prior approval rate filing of seven percent or less. L.2005,c.155,s.50. 52:27EE-51 Division of Rate Counsel; public notices of certain consumer insurance rate increases. 51. Division of Rate Counsel; public notices of certain consumer insurance rate increases. The Division of Rate Counsel and the Department of Banking and Insurance may publish on their respective official websites, to the extent practicable, as the case may be: (a) notice of all filings for consumer insurance rate increases; (b) all requests for hearing dates for such increases; and (c) the date or dates a hearing is to be held. The Division of Rate Counsel and the Department of Banking and Insurance, pursuant to regulations established by the Division of Rate Counsel, shall establish operational links such that each respective website may be accessed from the other. Publication on the applicable website shall take place within three business days of the applicable notice of filing, request for hearing, and date or dates of hearings. If an insurer or rating organization files for a personal lines prior approval rate increase, excluding rating system changes made pursuant to P.L.1997, c.151 (C.17:29A-46.1 et seq.), the insurer or ratings organization shall, in conjunction with such filing, notify the public of the proposed rate change; except, however, the filer is not required to notify the public of the proposed rate change if the rate increase pertains to: (a) an expedited prior approval rate filing made pursuant to either section 34 of P.L.1997, c.151 (C.17:29A-46.6) or section 3 of P.L.2001, c.409 (C.17:36-5.35); or (b) a rate filing made pursuant to any statutory change in coverage provided under a policy of private passenger automobile insurance; or (c) a prior approval rate filing of seven percent or less. Such notice shall be communicated through regular or electronic mail to the named policy holders who use the products and services subject to the rate increase, within seven business days of the applicable filing and shall conform to a form prescribed by the Department of Banking and Insurance pursuant to regulations established in conjunction with the Rate Counsel. L.2005,c.155,s.51. 52:27EE-52 Division of Rate Counsel; payment of expenses of division; annual utility assessment. 52. Division of Rate Counsel; payment of expenses of division; annual utility assessment. a. Annual utility assessment. The Division of Rate Counsel shall annually make an assessment against each public utility consistent with, but separate from, the Board of Public Utilities' assessments under the provisions of P.L.1968, c.173 (C.48:2-59 et seq.). All assessments due and owing to the Division of Rate Counsel as of the effective date of P.L.2010, c.34 (C.52:27EE-86 et al.), including any assessments due and owing as of the effective date of P.L.2005, c.155 (C.52:27EE-1 et seq.) shall be deemed due and owing to the Division of Rate Counsel in, but not of, the Department of the Treasury. b. Calculation of annual utility assessment. The annual assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the Board of Public Utilities derived from intrastate operations during the preceding calendar year at a rate determined annually by the Director of the Division of Rate Counsel in the manner set forth in section 2 of P.L.1968, c.173 (C.48:2-60), except that the total amount assessed to any public utility shall not exceed 1/4 of 1 percent of the gross operating revenue subject to assessment hereunder. The minimum annual assessment under this section shall not be less than $500. c. Levy and payment of annual assessment. The annual assessment set forth in subsections a. and b. above shall be levied by the Division of the Rate Counsel no later than August 15, and shall be paid within 30 days of mailing notice thereof and a statement of the amount by first class mail to any public utility. L.2005, c.155, s.52; amended 2010, c.34, s.34. 52:27EE-53 Division of Rate Counsel; payment of expenses of division; annual insurance assessment. 53. Division of Rate Counsel; payment of expenses of division; annual insurance assessment. a. Annual insurance assessment. The Director of the Office of Management and Budget in the Department of the Treasury shall, on or before August 15 in each year, ascertain and certify to the Commissioner of Banking and Insurance by category the total amount of expenses incurred by the State in connection with the administration of the special functions of the Division of Rate Counsel relative to the expenses of the Division of Rate Counsel in connection with the administration of insurance rate cases during the preceding fiscal year. The Department of Banking and Insurance shall make a separate special assessment on lines of insurance subject to the jurisdiction of the Director of the Division of Rate Counsel pursuant to subsection b. of section 48 of P.L.2005, c.155 (C.52:27EE-48), on an annual basis, in accordance with the formula set forth in P.L.1995, c.156 (C.17:1C-19 et seq.). b. Calculation of annual insurance assessment. The annual assessment shall be no more than a specified aggregate amount adjusted annually for inflation, which shall be calculated and applied separately from the maximum total assessment set forth in section 13 of P.L.1995, c.156 (C.17:1C-31). The amount collected for expenses pursuant to subsection a. of this section, shall not exceed the amount appropriated by the Legislature for those expenses. L.2005, c.155, s.53; amended 2010, c.34, s.35. 52:27EE-54 Division of Rate Counsel; transfer of powers and duties. 54. Division of Rate Counsel; transfer of powers and duties. All functions, powers, and duties which had been vested in the Division of Rate Counsel in the Department of the Public Advocate are hereby transferred to and assumed by the Division of Rate Counsel in, but not of, the Department of the Treasury. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Division of Rate Counsel in the Department of the Public Advocate, the same shall mean and refer to the Division of Rate Counsel in, but not of, the Department of the Treasury. L.2005, c.155, s.54; amended 2010, c.34, s.36. 52:27EE-55 Division of Rate Counsel; right to intervene in federal proceedings. 55. Division of Rate Counsel; right to intervene in federal proceedings. The Division of Rate Counsel shall have the right to represent the public interest in any federal proceeding, including but not limited to proceedings before the Federal Communications Commission, the Federal Energy Regulatory Commission, and the Federal Trade Commission. L.2005,c.155,s.55. 52:27EE-61 Division of Elder Advocacy; established. 61. Division of Elder Advocacy; established. There is hereby established in the Department of the Treasury the Division of Elder Advocacy to be under the supervision of the Director of the Division of Elder Advocacy, appointed by the Governor. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Division of Elder Advocacy is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the division shall be independent of any supervision or control by the department or by any board or officer thereof. L.2005, c.155, s.61; amended 2010, c.34, s,37. 52:27EE-62 Division of Elder Advocacy; jurisdiction. 62. Division of Elder Advocacy; jurisdiction. The Division of Elder Advocacy may represent the public interest in such administrative and court proceedings as the director deems shall best serve the interests of elderly adults. L.2005, c.155, s.62; amended 2010, c.34, s.38. 52:27EE-63 Division of Elder Advocacy; powers and duties. 63. Division of Elder Advocacy; powers and duties. The Division of Elder Advocacy may protect the interests of the elderly by: a. intervening in or instituting proceedings involving the interests of the elderly before any department, commission, agency, or board of the State leading to an administrative adjudication or administrative rule as defined in section 2 of P.L.1968, c.410 (C.52:14B-2); b. instituting litigation on behalf of the elderly when authorized to do so; and c. commencing negotiation, mediation, or alternative dispute resolution prior to, or in lieu of, the initiation of any litigation. L.2005, c.155, s.63; amended 2010, c.34, s.39. 52:27EE-64 Division of Elder Advocacy; additional powers and duties. 64. Division of Elder Advocacy; additional powers and duties. a. The Division of Elder Advocacy shall report to the Governor and the Legislature on recommendations that will further the State's ability to secure, preserve, and promote the health, safety, and welfare of New Jersey's elderly. b. The Division of Elder Advocacy shall have the authority to hold a public hearing on the subject of any investigation or study. The division shall hear testimony from agency and program representatives, the public in general, and such others as may be deemed appropriate. c. The Division of Elder Advocacy shall have access to the records and facilities of every agency, funded entity, or other recipient of public funds to the extent that any such records and facilities are related to the expenditure of public funds, provided that the division complies with all privacy and confidentiality protections applicable to those records and facilities, notwithstanding any contrary provision of law. Notwithstanding the foregoing, the Division of Elder Advocacy shall have access to any facility or institution, whether public or private, offering health or health-related services for the institutionalized elderly which is subject to regulation, visitation, inspection or supervision by any government agency, provided such access is permitted by State or federal law. All agencies shall cooperate with the Division of Elder Advocacy and, when requested, shall provide specific information in the form requested. L.2005,c.155,s.64. 52:27EE-65 Ombudsperson for the Institutionalized Elderly; transfer to Department of the Treasury. 65. Ombudsperson for the Institutionalized Elderly; transfer to Department of the Treasury. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Ombudsperson for the Institutionalized Elderly is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the Ombudsperson shall be independent of any supervision or control by the department or by any board or officer thereof. a. There is hereby established in the Division of Elder Advocacy in the Department of the Treasury an Ombudsperson for the Institutionalized Elderly. b. The Ombudsperson for the Institutionalized Elderly shall be appointed by the Governor. c. All functions, powers, and duties now vested in the Ombudsperson for the Institutionalized Elderly in the Department of the Public Advocate are hereby transferred to and assumed by the Ombudsperson for the Institutionalized Elderly in, but not of, the Department of the Treasury. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Ombudsperson for the Institutionalized Elderly in the Department of the Public Advocate, the same shall mean and refer to the Ombudsperson for the Institutionalized Elderly in, but not of, the Department of the Treasury. L.2005, c.155, s.65; amended 2010, c.34, s.40. 52:27EE-86 Department of the Public Advocate abolished. 1. a. The Department of the Public Advocate created by P.L.2005, c.155 (C.52:27EE-1 et al.) is abolished as a principal department in the Executive Branch of State Government and all of its functions, powers and duties, except as otherwise provided in this act, are hereby terminated. b. The offices and terms of the Public Advocate, and of the assistants, deputies, and directors of the various divisions and offices of the Department of the Public Advocate, except as otherwise provided in this act, are hereby terminated. c. Regulations of the Department of the Public Advocate concerning its organization, function, practice, and procedure are void. Except as otherwise provided in this act, whenever in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Department of the Public Advocate, the same shall mean and refer to the Office of the Public Defender in, but not of, the Department of the Treasury. d. All communications between an individual client and an attorney in or engaged by the Department of the Public Advocate shall remain fully protected by the attorney-client privilege subsequent to the effective date of this act. The confidentiality of medical records and other documents maintained as confidential by the Department of the Public Advocate shall likewise be protected subsequent to the effective date of this act. Any record held by the department that includes information about the identity, care, or treatment of any person seeking or receiving services from the department, or the identity of any person seeking services from the department on behalf of another person, shall not be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection, copying, or the purchase of copies. Any person acting reasonably and in good faith who sought assistance from the department on behalf of another person shall be immune from civil or criminal liability that might otherwise be incurred or imposed and shall have the same immunity with respect to testimony given in any judicial proceeding resulting from that request for assistance. e. This act shall not affect the tenure, compensation, and pension rights, if any, of the holder of a position not specifically abolished herein in office upon the effective date of this act, nor alter the term of a member of a board, commission, or public body, not specifically abolished herein, in office on the effective date of this act, or require the reappointment thereof. f. The provisions of this act in and of themselves shall not be construed to create any new cause of action, or to authorize any suit against any public entity or employee. g. Acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded and repealed. h. This act shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). i. The Governor may take such action by Executive Order, or other formal redesignation document, for the purpose of designating a private entity as the State's protection and advocacy agency for persons with mental illness or developmental disabilities. j. The responsibility for all cases pending on the effective date of this act in which the Department of the Public Advocate is a party handled by divisions or offices being abolished shall be assumed by the Office of the Public Defender, unless the Public Defender, exercising discretion, determines that there are not sufficient resources to continue any particular litigation. In assuming responsibility for such cases, the Public Defender shall be bound by the terms of any orders, judgments, determinations, or settlements in the same manner as its predecessor the Department of the Public Advocate. k. The Office of the Public Defender may take such actions as the Governor may by Executive Order, or other formal redesignation document, authorize for the purpose of coordinating and cooperating with any private entity designated by the Governor as the State's mental health protection and advocacy agency and protection and advocacy agency for persons with developmental disabilities. L.2010, c.34, s.1.

This is the verbatim text of N.J.S.A. 52:27E-80, 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.