ASSEMBLY, No. 3658

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED MARCH 16, 2020

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

SYNOPSIS

     Requires emergency shelters for the homeless to admit certain persons unless they pose danger.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning emergency shelters for the homeless and amending P.L.2013, c.203.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    Section 1 of P.L.2013, c.203 (C.55:13C-2.1) is amended to read as follows:

     1.    a.   No person shall be refused admittance to an emergency shelter for the homeless based on a perception or belief that the person: (1) has a mental illness; (2) is a drug or alcohol dependent person, as defined in N.J.S.2C:35-2; (3) is not in compliance with a prescription medication regimen; or (4) has consumed alcoholic beverages off the premises, unless there is a reasonable basis to believe that the person poses a danger to self, others, or property, or if the basis for the refusal is otherwise authorized by law or regulation.

     b.    Nothing in subsection a. of this section shall prohibit an emergency shelter for the homeless from prohibiting the possession or consumption of controlled dangerous substances, as defined in N.J.S.2C:35-2, or alcoholic beverages on the premises.

(cf: P.L.2013, c.203, s.1)

     2.    This act shall take effect immediately.

STATEMENT

     This bill prohibits emergency shelters for the homeless from restricting access to the shelter based on a perception or belief that a person is: (1) a drug or alcohol dependent person; (2) not in compliance with a prescription medication regimen; or (3) has consumed alcoholic beverages off the premises of the shelter.

     Current law prohibits emergency homeless shelters from refusing admittance to a person who is perceived or believed to have a mental illness. This bill expands the prohibition to include other members of vulnerable populations in need of shelter. Current law also provides that a shelter may prohibit admittance if there is a reasonable basis to believe that the person poses a danger to self, others, or property, or if the basis for the refusal is otherwise authorized by law or regulation. Shelters continue to have the authority to refuse admittance in these circumstances.

     The bill provides that shelters may prohibit the possession or consumption of controlled dangerous substances and alcoholic beverages on the premises.