Bill Text: NJ S2520 | 2014-2015 | Regular Session | Amended
Bill Title: Establishes a three-year Statewide "Veterans Treatment Court Pilot Program." *
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-12-15 - Reported from Senate Committee with Amendments, 2nd Reading [S2520 Detail]
Download: New_Jersey-2014-S2520-Amended.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes a three-year Statewide "Veterans Treatment Court Pilot Program."
CURRENT VERSION OF TEXT
As reported by the Senate Military and Veterans' Affairs Committee on December 15, 2014, with amendments.
An Act concerning offenders who are veterans of the United States Armed Services of the United States of America and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is hereby established a 1three-year Statewide1 "Veterans 1Treatment1 Court Pilot Program1,1" 1[which] a temporary court of limited jurisdiction pursuant to Article VI, Section I, paragraph 1 of the New Jersey Constitution. The Veterans Treatment Court Pilot Program, a temporary court,1 shall have as a purpose the diversion of certain nonviolent offenders who are veterans of any military conflict or war in which the United States military is or has been a part of, away from the criminal justice system and into appropriate treatment. The 1[veterans court] Veterans Treatment Court Pilot Program1 shall be administered by the Administrative Office of the Courts 1[and shall be created in Atlantic, Cape May, and Cumberland Counties]1.
2. The Veterans 1Treatment1 Court Pilot Program1, a temporary court,1 shall 1[hear] have jurisdiction with respect to1 cases involving veteran defendants charged with the commission of a nonviolent petty disorderly persons offense 1[or],1 a disorderly persons offense 1or, a nonviolent crime of the fourth degree1 and who suffer from mental illness 1or who are drug or alcohol dependent1.
3. a. All municipal court cases involving persons charged with nonviolent petty disorderly persons offenses or disorderly persons offenses 1and Superior Court cases involving persons charged with nonviolent fourth degree crimes1 who preliminarily qualify for admission to the Veterans 1Treatment1 Court Pilot Program shall, prior to an arraignment, be assigned or transferred to that program.
b. A 1veteran1 defendant 1, who asserts the status of veteran during arrest or confinement or before any court and has been charged with an offense or a crime as described in subsection a. of this section1 will be preliminarily qualified if 1[they previously or currently have been charged with an offense and have been diagnosed by a mental health expert as suffering from mental illness or have manifested obvious signs of mental illness or, subject to confirmation, asserts the status of veteran during arrest or confinement or before any court] 1the veteran: (1) has undergone a professional diagnostic assessment to determine whether and to what extent the defendant is drug or alcohol dependent and would benefit from treatment; or (2) suffers from mental illness and would benefit from treatment1.
c. Motions for transfer into the Veterans 1Treatment1 Court Pilot Program may be made by the defense or the prosecutor accompanied by documentation or testimony in support thereof and shall be heard by the judge assigned to the Veterans 1Treatment1 Court Pilot Program, who shall make the final determination of a 1veteran1 defendant's eligibility.
d. 1[Any transfer of a defendant into the Veterans Court Pilot Program, unless specifically objected to by the defense counsel, shall be deemed a waiver of the defendant's right to a speedy trial and formal discovery, other than the providing of documentation relating to the defendant's mental health status and all available statements and police reports.
e.]1 If the assigned judge determines that the veteran defendant has been charged with an offense 1or a crime1 and is 1[mentally ill] eligible to participate1, the defendant shall be eligible for the Veterans 1Treatment1 Court Pilot Program.
1[f. Once a defendant is accepted into the Veterans Court Pilot Program, the defendant's right to a speedy trial may be reinstated upon a written demand.]1
1[4. a. The court shall order an eligible defendant to enter a "short term care facility" as that term is defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) as a voluntary admission patient, or other appropriate treatment facility in the community for screening services and treatment and shall stay any further proceeding until the release of the defendant. The court shall facilitate the defendant's admission into an appropriate program.
b. If the defendant willfully fails to comply with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) or at any time refuses to participate in an individualized treatment plan established for his care or treatment or otherwise refuses to comply with the terms of the court order, he shall be returned to custody.]1
1[5] 4.1 As used in this act "veteran defendant" means 1a person:1 (a) 1[a person]1 who suffers from a diagnosed mental illness or condition caused by or related to active duty service in the United States Armed Services1or a Reserve component thereof1; or (b) who is undiagnosed as a person who suffers from a diagnosed mental illness or condition caused by or related to active duty service in the United States Armed Services 1or a Reserve component thereof1, but who is a veteran of any war or military conflict in which the United States military is or has been a part of as defined in subsection b. of N.J.S. 11A:5-1; or (c) 1served in the active duty service in the United States Armed Service or a Reserve component thereof who has undergone a professional diagnostic assessment to determine whether and to what extent the defendant is drug or alcohol dependent; or (d)1 who is a "disabled veteran" as that term is defined in subsection a. of N.J.S.11A:5-1.
15. The Administrative Office of the Courts shall monitor the Veterans Treatment Court Pilot Program and report to the Legislature 12 months after the organization of the pilot program and six months prior to the expiration of the pilot program. The reports shall include the impact of the pilot program on criminal sentencing and the court's calendar and workload. The reports shall also evaluate the effectiveness of the pilot program and recommend whether the program should be continued or expanded.1
6. The Supreme Court of New Jersey may adopt court rules appropriate or necessary to effectuate the purposes of this act.
7. This act shall take effect 1[immediately] on the first day of the third month next following enactment, except the Administrative Office of the Courts may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act, and shall expire three years after the effective date1.
