The Assembly Health Committee voted to release A5408/S4263, which would extend temporary provisions that allow hospitals to seek a court order for an additional 72 hours (for a total of up to 144 hours) to hold certain involuntary psychiatric patients when hospitals have made good‑faith efforts to find an appropriate placement.
Hospital witnesses described operational challenges that led to the original pilot: a shortage of psychiatric beds and difficulty placing individuals with complicating factors such as active criminal charges, co‑occurring substance use disorders, medical comorbidities or homelessness. Counsel for Atlantic Health System explained the process: after screening and a psychiatric certificate, hospitals begin a placement search and had previously been constrained by the 72‑hour statutory clock. The temporary court order process was designed as an exception, officials said, and quarterly reporting provided to the Department of Health showed the mechanism was used in a small but growing percentage of cases.
Opponents — including disability‑rights advocates, peer‑run organizations and mental‑health nonprofits — urged the committee to let the temporary law sunset. They argued extended emergency‑department holds are traumatic and that prolonged stays in emergency settings may worsen outcomes. The Mental Health Association of New Jersey and peer‑run groups said the better solution is investment in community supports, peer alternatives and real‑time bed data rather than longer involuntary holds.
Supporters including the Office of the Public Defender and hospital systems said the amendments added due‑process safeguards, guaranteed legal representation during extended‑hold proceedings, required improved public reporting and directed departments to study bed capacity and the reasons patients are hard to place. The committee adopted amendments to require a joint follow‑up study by the Departments of Human Services and Health, expand reporting requirements, require facilities to post bed‑availability data on their websites until a statewide dashboard is operational, and provide education to courts and short‑term care facilities about obligations to accept patients.
Committee members acknowledged the competing concerns: protecting patients’ liberty and ensuring safety and continuity of care while addressing real placement constraints. The committee released A5408/S4263 as amended and asked agencies and stakeholders to prioritize the study and dashboard work the bills require.