Taken In For An Evaluation
N.J.S.A. 30:4-27.6 — straight to a screening service, and a court hearing within 20 days
In New Jersey, a state or local law enforcement officer takes custody of a person, and takes the person immediately and directly to a screening service, when:
- On personal observation, the officer has reasonable cause to believe the person is in need of involuntary commitment to treatment.
- A mental health screener has certified, after a screening outreach visit, that the person needs commitment and asked that the person be brought in for a complete assessment.
- A court has ordered a person who failed to follow the conditions of a conditional discharge taken in for assessment.
- An outpatient treatment provider has certified reasonable cause to believe the person needs evaluation for commitment.
Court proceedings for commitment begin with clinical certificates submitted to the court, one completed by a psychiatrist on the treatment team. A person not referred by a screening service is not committed before the court issues a temporary court order.
A hearing within 20 days, with counsel. A patient involuntarily committed to treatment receives a court hearing on the continued need for commitment within 20 days from the initial commitment, unless discharged sooner. The patient has counsel present at the hearing and may not appear without counsel.
The screening process, the standards for commitment, and discharge are set in other sections and are not reproduced here. Whether a commitment was lawful is a question for the court and for a licensed New Jersey attorney.
Sources for this section (3)
- N.J.S.A. 30:4-27.6 — Custody
- N.J.S.A. 30:4-27.10 — Court proceedings
- N.J.S.A. 30:4-27.12 — Court hearing
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.