§ 26:2B-33 — Plan for community services.

4. a. The governing body of each county, in conjunction with the county agency or individual designated by the county with the responsibility for planning services and programs for the care or rehabilitation of persons with alcohol use disorder and persons with a substance use disorder involving drugs, shall submit to the Assistant Commissioner of the Division of Mental Health and Addiction Services and the Governor's Council on Substance Use Disorder an annual comprehensive plan for the provision of community services to meet the needs of persons with substance use disorder. b. The annual comprehensive plan shall address the needs of urban areas with a population of 100,000 or over and shall demonstrate linkage with existing resources which serve persons with substance use disorder and their families. Special attention in the plan shall be given to substance use disorder and youth; intoxicated drivers and drivers with substance use disorder; women and substance use disorder; persons with disabilities and substance use disorder; substance use disorder on the job; substance use disorder and crime; public information; and educational programs as defined in subsection c. of this section. Each county shall identify, within its annual comprehensive plan, the Intoxicated Driver Resource Center which shall service its population, as is required under subsection (f) of R.S.39:4-50. The plan may involve the provision of programs and services by the county, by an agreement with a State agency, by private organizations, including volunteer groups, or by some specified combination of the above. If the State in any year fails to deposit the amount of tax receipts as is required under section 3 of P.L.1983, c.531 (C.26:2B-32), a county may reduce or eliminate, or both, the operation of existing programs currently being funded from the proceeds deposited in the Alcohol Education, Rehabilitation and Enforcement Fund. c. Programs established with the funding for education from the fund shall include all courses in the public schools required pursuant to P.L.1987, c.389 (C.18A:40A-1 et seq.), programs for students included in the annual comprehensive plan for each county, and in-service training programs for teachers and administrative support staff including nurses, guidance counselors, child study team members, and librarians. All moneys dedicated to education from the fund shall be allocated through the designated county substance use disorder agency and all programs shall be consistent with the annual comprehensive county plan submitted to the Assistant Commissioner of the Division of Mental Health and Addiction Services and the Governor's Council on Substance Use Disorder pursuant to this section. Moneys dedicated to education from the fund shall be first allocated in an amount not to exceed 20 percent of the annual education allotment for the in-service training programs, which shall be conducted in each county through the office of the county substance use disorder coordinator in consultation with the county superintendent of schools, local boards of education, local councils on substance use disorder and institutions of higher learning, including the Rutgers University Center of Alcohol and Substance Use Studies. The remaining money in the education allotment shall be assigned to offset the costs of programs such as those which assist employees, provide intervention for staff members, assist and provide intervention for students and focus on research and education concerning youth and substance use disorder. These funds shall not replace any funds being currently spent on education and training by the county. d. The governing body of each county, in conjunction with the county agency, or individual, designated by the county with responsibility for services and programs for the care or rehabilitation of persons with substance use disorder, shall establish a Local Advisory Committee on Substance Use Disorder to assist the governing body in development of the annual comprehensive plan. The advisory committee shall consist of no less than 10 nor more than 16 members and shall be appointed by the governing body. At least two of the members shall be persons recovering from alcohol use disorder and at least two of the members shall be persons recovering from substance use disorder. The committee shall include the county prosecutor or the county prosecutor's designee, a wide range of public and private organizations involved in the treatment of substance use disorder-related problems and other individuals with interest or experience in issues concerning substance use disorder. Each committee shall, to the maximum extent feasible, represent the various socioeconomic, racial and ethnic groups of the county in which it serves. Within 60 days of the effective date of P.L.1989, c.51 (C.26:2BB-1 et al.), the Local Advisory Committee on Substance Use Disorder shall organize and elect a chairperson from among its members. e. The Assistant Commissioner of the Division of Mental Health and Addiction Services shall review the county plan pursuant to a procedure developed by the assistant commissioner. In determining whether to approve an annual comprehensive plan under this act, the assistant commissioner shall consider whether the plan is designed to meet the goals and objectives of the "Alcohol Use Disorder Treatment and Rehabilitation Act," P.L.1975, c.305 (C.26:2B-7 et seq.) and the "Narcotic and Drug Abuse Control Act of 1969," P.L.1969, c.152 (C.26:2G-1 et seq.) and whether implementation of the plan is feasible. Each county plan submitted to the assistant commissioner shall be presumed valid; provided it is in substantial compliance with the provisions of this act. Where the department fails to approve a county plan, the county may request a court hearing on that determination. L.1983, c.531, s.4; amended 1989, c.51, s.14; 1990, c.41, s.5; 2017, c.131, s.81; 2023, c.177, s.66.