Bill Text: NJ A5379 | 2026-2027 | Regular Session | Introduced
Bill Title: "Jillian's Law," Mandates institutional commitment for certain persons found not competent to stand trial under certain circumstances.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Introduced) 2026-09-10 - Introduced, Referred to Assembly Judiciary Committee [A5379 Detail]
Download: New_Jersey-2026-A5379-Introduced.html
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
Co-Sponsored by:
Assemblyman Simonsen
SYNOPSIS
"Jillian's Law," Mandates institutional commitment for certain persons found not competent to stand trial under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning commitment of certain defendants and amending N.J.S.2C:4-5 and N.J.S.2C:4-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:4-5 is amended to read as follows:
2C:4-5. Psychiatric or Psychological Examination of Defendant With Respect to Fitness to Proceed.
a. Whenever there is reason to doubt the defendant's fitness to proceed, the court may on motion by the prosecutor, the defendant or on its own motion, appoint at least [one] two qualified [psychiatrist] psychiatrists or licensed [psychologist] psychologists to examine and report upon the mental condition of the defendant. The psychiatrist or licensed psychologist so appointed shall be either:
(1) From a list agreed to by the court, the prosecutor and the defendant; or
(2) Agreed to by the court, prosecutor and defendant.
Alternatively, the court may order examination of a defendant for fitness to proceed by the Department of Human Services. The department shall provide or arrange for examination of the defendant at a jail, prison or psychiatric hospital. However, to ensure that a defendant is not unnecessarily hospitalized for the purpose of the examination, a defendant shall not be admitted to a State psychiatric hospital for an examination regarding his fitness to proceed unless a qualified psychiatrist or licensed psychologist designated by the commissioner determines that hospitalization is clinically necessary to perform the examination. Whenever the qualified psychiatrist or licensed psychologist determines that hospitalization is clinically necessary to perform the examination, the court shall order the defendant to be committed to the custody of the Commissioner of Human Services for placement in a State psychiatric hospital designated for that purpose for a period not exceeding 30 days.
A qualified psychiatrist or licensed psychologist retained by the defendant or by the prosecutor shall, if requested, be permitted to examine a defendant who has been admitted to a State psychiatric hospital.
b. The report of the examination shall include at least the following: (1) a description of the nature of the examination; (2) a diagnosis of the mental condition of the defendant; (3) an opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense. The person or persons conducting the examination may ask questions respecting the crime charged when such questions are necessary to enable formation of an opinion as to a relevant issue, however, the evidentiary character of any inculpatory statement shall be limited expressly to the question of competency and shall not be admissible on the issue of guilt.
c. If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental incompetence. Upon the filing of such a report, the court may permit examination without cooperation, may appoint a different psychiatrist or licensed psychologist, or may commit the defendant for observation for a period not exceeding 30 days except on good cause shown, or exclude or limit testimony by the defense psychiatrist or licensed psychologist.
d. The report of the examination shall be sent by the psychiatrist or licensed psychologist to the court, the prosecutor and counsel for the defendant.
(cf: P.L.1998, c.111, s.1)
2. N.J.S.2C:4-6 is amended to read as follows:
2C:4-6. Determination of Fitness to Proceed; Effect of Finding of Unfitness; Proceedings if Fitness is Regained; Post-Commitment Hearing.
a. When the issue of the defendant's fitness to proceed is raised, the issue shall be determined by the court. If neither the prosecutor nor counsel for the defendant contests the finding of the report filed pursuant to section 2C:4-5, the court may make the determination on the basis of such report. If the finding is contested or if there is no report, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, either party shall have the right to summon and examine the psychiatrists or licensed psychologists who joined in the report and to offer evidence upon the issue.
b. (1) If the court determines that the defendant lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsection c. of this section. At this time, the court [may] shall commit him to the custody of the Commissioner of Human Services to be placed in an appropriate institution if it is found by the court, following evaluation by two qualified psychiatrists or licensed psychologists, that the defendant is [so dangerous to himself or others,] unfit to proceed so as to require institutionalization[, or it shall proceed to determine whether placement in an out-patient setting or release is appropriate;] provided, however, that no commitment to any institution shall be in excess of such period of time during which it can be determined whether it is substantially probable that the defendant could regain his competence within the foreseeable future.
(2) If the court determines that a defendant, who is charged with any crime for which the defendant, if sentenced, would be sentenced to a minimum period of parole ineligibility of 85 percent of the sentence pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2), lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsection c. of this section. At this time, the court shall commit him to the custody of the Commissioner of Human Services to be placed in an appropriate institution; provided, however, that no commitment to any institution shall be in excess of such period of time during which it can be determined whether it is substantially probable that the defendant could regain competence within the foreseeable future.
(3) If the court finds that the defendant, though not immediately or imminently dangerous to himself or others, cannot be released with or without supervision or conditions without posing a danger to the community or to himself in the reasonably foreseeable future, the court shall refer the person to the Commissioner of Human Services for evaluation to determine if the person is in need of involuntary commitment. As used in this subsection, "Reasonably foreseeable future" means a time frame that may be beyond the immediate or imminent, but not longer than a time frame as to which reasonably certain judgments about a person's likely behavior can be reached.
If the court determines that the defendant is fit to proceed, but suffers from mental illness, as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), that does not require institutionalization, the court shall order the defendant to be provided appropriate treatment in the jail or prison in which the defendant is incarcerated. Where the defendant is incarcerated in a county correctional facility, the county shall provide or arrange for this treatment. The Department of Corrections shall reimburse the county for the reasonable costs of treatment, as determined by the Commissioner of Corrections, provided that the county has submitted to the commissioner such documentation and verification as the commissioner shall require.
c. If the defendant has not regained his fitness to proceed within three months, the court shall hold a hearing on the issue of whether the charges against him shall be dismissed with prejudice or held in abeyance.
The hearing shall be held only upon notice to the prosecutor and with an opportunity for the prosecutor to be heard. When the charges are not dismissed, each defendant's case shall be specifically reviewed by the court at six-month intervals until an order is made by the court that the defendant stand trial or that the charges be dismissed.
There shall be a presumption that charges against a defendant who is not competent to proceed shall be held in abeyance. The presumption can be overcome only if the court determines, using the factors set forth in this subsection, that continuing the criminal prosecution under the particular circumstances of the case would constitute a constitutionally significant injury to the defendant attributable to undue delay in being brought to trial.
In determining whether the charges shall be held in abeyance or dismissed, the court shall weigh the following factors: the defendant's prospects for regaining competency; the period of time during which the defendant has remained incompetent; the nature and extent of the defendant's institutionalization; the nature and gravity of the crimes charged; the effects of delay on the prosecution; the effects of delay on the defendant, including any likelihood of prejudice to the defendant in the trial arising out of the delay; and the public interest in prosecuting the charges.
d. When the court, on its own motion or upon application of the commissioner, his designee or either party, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the proceedings shall be resumed.
e. (Deleted by amendment, P.L.1996, c.133).
f. The fact that the defendant is unfit to proceed does not preclude determination of any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.
(cf: P.L.1999, c.16, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill addresses instances where a defendant lacks fitness, or competence, to proceed with a criminal trial. Under N.J.S.A.2C:4-4, a person is deemed fit to or competent to stand trial when the defendant has the mental capacity to appreciate his presence in relation to time, place and things, and his elementary mental processes permit him to appreciate the circumstances and participate in an adequate presentation of his defense.
The bill amends N.J.S.A.2C:4-5 to permit the court to appoint at least two psychiatrists or two licensed psychologists to examine and report upon the mental condition of the defendant to aid in the fitness to proceed determination. Under current law, one medical expert is required to make this determination. This determination by two professionals will also aid in the institutionalization determination under N.J.S.A.2C:4-6.
Under current law, when a defendant is deemed incompetent, the proceedings against that defendant is suspended pursuant to subsection b. of N.J.S.A.2C:4-6. Under those circumstances, the court may commit the person to the custody of the Commissioner of Human Services to be placed in an appropriate institution if it is found that the defendant is so dangerous to himself or others as to require institutionalization. Alternately, the court can determine whether placement in an out-patient setting or release is appropriate.
This bill would eliminate the options of placement in an out-placement setting, or release, allowing only commitment to an institution for a person found by the court, following evaluation by two psychiatrists, not competent to proceed and meets two circumstances: (1) upon the finding of two medical experts, where the person is so dangerous to himself or others as to require institutionalization. (2) if the person is charged with an offense enumerated in section 2 of P.L.1997, c.117 (C.2C:43-7.2) (NERA offense) that includes a period of parole ineligibility of 85 percent of the sentence. Under both circumstances, the court shall commit that person to the custody of the Commissioner of Human Services to be placed in an appropriate institution for an evaluation to determine whether it is substantially probable that the person could regain competence within the foreseeable future.
The bill adds a new provision where if the court finds the defendant, though not immediately or imminently dangerous to himself or others, but the person cannot be released with or without supervision or conditions without posing a danger to the community or to himself in the reasonably foreseeable future, the court shall refer the person to the care of the Commissioner of Human Services for evaluation to determine if the person is in need of involuntary commitment. Under the bill, "Reasonably foreseeable future" means a time frame that may be beyond the immediate or imminent, but not longer than a time frame as to which reasonably certain judgments about a person's likely behavior can be reached.
Subsection b. of N.J.S.A.2C:4-6 provides that no commitment to any institution shall be in excess of such period of time during which it can be determined whether it is substantially probable that the defendant could regain his competence within the foreseeable future. Accordingly, if it is found, upon the evaluation by two psychiatrists, that a defendant has not regained fitness to proceed, and criminal charges held in abeyance are dismissed, involuntary civil commitment in an institutional setting under N.J.S.A.30:4-27.1 would be remain an option for persons continuing to be in need of involuntary commitment.
