Toms River-Inspired Code Blue Change Now Law In NJ

TOMS RIVER, NJ — Homeless people in New Jersey who've been left out in the cold for years will have better protection under an expansion of Code Blue under a law signed by Gov. Phil Murphy.

The expansion of the state's Code Blue Law, which provides for emergency shelter for the homeless when temperatures fall to 32 degrees or below, was directly influenced by a Toms River ordinance that opens a township-owned shelter when temperatures are expected to fall below 35 degrees.

The Toms River ordinance, adopted in March 2019, was a result of people being left to fend for themselves outside in temperatures below freezing after spending Christmas eve 2018 in an emergency Code Blue shelter.

Toms River officials called on state legislators to change the law, while also setting a town standard. The Toms River Code Blue alert has been invoked multiple times since the ordinance was passed.

The state's previous Code Blue standards opened emergency shelters when the temperatures were freezing if the 32-degree mark was accompanied by rain, snow, sleet, hail or any other precipitation. If there was no precipitation, emergency shelters opened when temperatures fell to 25 degrees or colder.

The new law, from bills (S-3422 and S-3511) sponsored by Sen. Robert Singer and Senate Republican Leader Tom Kean, make the standard 32 degrees regardless of whether there is precipitation. It also provides for offering health care and social services to homeless people who seek help at a warming center.

"When someone is homeless, it is a crisis regardless of the weather, but when the temperature dips dangerously low, not having a roof over your head becomes a matter of life or death," Singer (R-30) said. "No one, especially New Jersey’s most vulnerable residents, should be left out in the cold. I cannot imagine the horror someone feels when it’s freezing and you have nowhere to go. Our common-sense updates to strengthen Code Blue protections will save lives."

Singer met with Lakewood Mayor Ray Coles and Toms River Council Members Terrence Turnbach and Laurie Huryk and the group reached agreement that the Code Blue Program was unacceptable in its form at that time, and discussed the need for a change in statewide standards to better ensure the safety and wellbeing of the at-risk population,.

Health care and social services that could be offered include vaccinations, physical and mental health screenings, and referrals for substance abuse treatment and various social services.

S-3511 authorizes a coordinator to create a volunteer registry of healthcare workers, social service providers, and support personnel who could consent to voluntarily provide these services at a warming center during a Code Blue alert. It also says volunteers would be protected by New Jersey’s Good Samaritan law, meaning they would not be liable for any civil damages as a result of their efforts to provide care or treatment in good faith during a Code Blue alert.

Kean was a sponsor of the original Code Blue State law, enacted in 2017.

"Exposure to the elements, especially freezing temperatures, can cause frostbite or death," Kean (R-21) said. "I sponsored the original Code Blue law so that anyone in need of shelter during severe weather could find a place to stay warm. It’s our moral duty to ensure that every New Jerseyan has a safe and warm place to stay when the temperature is dangerously cold."

New Jersey’s Code Blue law requires County offices of emergency management to coordinate with municipalities with a documented homeless population of at least 10 people to develop consistent Code Blue alert plans throughout the county. After a county emergency management coordinator declares a Code Blue, local law enforcement is notified so they can go out on patrols and locate at-risk individuals.

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