Bill Text: NJ S251 | 2022-2023 | Regular Session | Introduced
Bill Title: Creates "Mental Health Diversion Program" to divert eligible persons away from criminal justice system; appropriates $10 million.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced in the Senate, Referred to Senate Judiciary Committee [S251 Detail]
Download: New_Jersey-2022-S251-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Creates "Mental Health Diversion Program" to divert eligible persons away from criminal justice system; appropriates $10 million.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning diversion of certain mentally disabled or mentally ill persons from judicial system, supplementing Title 2C of the New Jersey Statutes and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act, (P.L. , c. ):
a. "Eligible offense" means cases involving defendants charged with the commission of a nonviolent petty disorderly persons offense, disorderly persons offense, or crime of the third or fourth degree.
b. "Eligible person" means a person who allegedly committed an eligible offense and who has a prior diagnosis of mental illness or mental disability or for whom a prosecutor has a reasonable belief that the person has a mental illness based on behaviors and symptoms exhibited during the commission of the offense, while in custody, or based on information provided by family members or associates during the investigation of the offense.
c. "Mental illness" or "mental disability" means a mental disorder classified within the most recent version of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), including, but not limited to, anxiety disorders, cognitive disorders, adjustment disorders, schizophrenia and other psychotic disorders, bipolar disorder, depression, and post-traumatic stress disorder (PTSD).
2. a. There is hereby established the "Mental Health Diversion Program" under which a defendant in the justice system assessed with a mental illness shall be processed in such a manner as to appropriately address the identified mental illness through treatment services tailored to the individual needs of the participant. This program shall divert certain eligible nonviolent mentally ill and mentally disabled offenders away from the criminal justice system and shall be administered by the Administrative Office of the Courts. The diversion program shall include pretrial intervention and review of the status of compliance or noncompliance of eligible defendants.
b. The Administrative Office of the Courts shall work in conjunction with the New Jersey Department of Health, including, but not limited to, the Division of Mental Health Services (DMHS), and State and local government agencies to prepare a directory of entities within New Jersey. The directory shall include entities that serve as a point of entry to facilitate the prosecutorial or judicial referral of eligible persons into existing case management and mental health services, or any other appropriate case management and mental health service entities that are available in the State. These entities shall serve to improve eligible person's mental health, and shall assist the eligible person with a wide range of skills that will help the person function more independently in the community.
3. a. All municipal court cases involving eligible persons and offenses shall be assigned or transferred to the Mental Health Diversion Program. A defendant will qualify for the program if they previously or currently have been diagnosed by a mental health expert as suffering from a mental illness or disability. Alternatively, eligibility may be met if the defendant displays signs of mental illness or mental disability during the arrest, confinement, or before any court. Eligibility determinations shall be made by the assigned prosecutor, or if the defendant is before the court, the assigned judge.
b. At any time after the filing of a criminal complaint, but prior to the disposition of such complaint, an eligible defendant, the public defender assigned to the eligible defendant, or the eligible defendant's own legal counsel may make a motion for transfer into the Mental Health Diversion Program. The motion to transfer shall be accompanied by documentation or testimony in support thereof and shall be heard by the judge assigned to the program, who will make the final determination of eligibility in conjunction with the prosecutor.
c. Determinations made by the assigned prosecutor, or the assigned judge, or both, shall consider, among other factors established by the Administrative Office of the Courts, the nature of the eligible offense, the defendant's criminal history, amenability to the services of the program, the availability of case management and mental health services, and the probability that diversion will promote recovery, prevent future criminal behavior, and protect public safety. The assigned judge and prosecutor may also consider the defendants agreement or non-agreement to enter the program.
d. The assigned prosecutor, or the assigned judge, or both, shall determine the duration of the eligible person's participation in the Mental Health Diversion Program. The term of participation shall be based on initial clinical evaluation and recommendations, reports of the person's participation, and progress reports from the mental health entities.
e. If, after a minimum of six months from the date of the diversion agreement, the prosecutor is satisfied that the eligible person has complied with the terms and conditions of the agreement, has not committed any subsequent crimes, and continues to make progress with recovery, the prosecutor may move before the court for the dismissal of the criminal charge pending against the eligible person and terminate participation in the Mental Health Diversion Program. If the prosecutor finds that the eligible person failed to comply with any term or condition of the diversion agreement, the prosecutor may notify the court that the State is prepared to proceed with the prosecution of the offense.
4. Nothing in P.L. , c. (pending before this Legislature as this bill) shall be construed to limit in any way the authority or discretion of a prosecutor to divert, prosecute or pursue any other disposition of a criminal matter involving a defendant who suffers from mental illness or mental disability.
5. The Mental Health Diversion Program, in conjunction with the Administrative Office of the Courts, shall collect sufficient data and programmatic information for purposes of program evaluation. Data includes, but is not limited to, primary offenses that result in the Mental Health Diversion Program referral or sentence and program compliance.
6. The Attorney General, in cooperation with the Administrative Director of the Courts, shall prepare an annual report to the Governor and, pursuant to section 2 of P.L. 1991, c.164 (C.52:14-19.1), to the Legislature regarding the Mental Health Diversion Program used to divert eligible defendants from the criminal justice system. The report shall assist policymakers in determining whether these diversion programs should be modified or expanded to achieve the goals of recover for those with mental illness or mental disabilities. The report shall include statistics regarding the number of arrests where the arrestee is eligible for the program; the number of individuals, subsequent to admission in the Mental Health Program, who were sentenced to a term of incarceration or probation; and other relevant information and recommendations at the discretion of the Attorney General.
7. The Attorney General, the Administrative Director of the Courts, and the Department of Health shall publish on their respective websites information regarding the Mental Health Diversion Program and resources available to assist eligible persons.
8. The Supreme Court of New Jersey may adopt court rules appropriate or necessary to effectuate the purposes of this act.
9. The Administrative Director of the Courts shall nominate an individual to be the director of the Mental Health Diversion Program, which shall require the approval of the Chief Justice.
10. a. There is appropriated from the General Fund the sum of $5 million to the Administrative Office of the Courts for the purposes of effectuating the provisions of P.L. , c. (pending before the Legislature as this bill).
b. There is appropriated from the General Fund the sum of $5 million to the Office of the Attorney General for the purposes of effectuating the provisions of P.L. , c. (pending before the Legislature as this bill).
11. This act shall take effect immediately.
STATEMENT
This bill establishes the "Mental Health Diversion Program." This program will serve the purpose of diverting eligible individuals with mental illness or mental disability from the criminal justice system and into appropriate treatment. This program will be administered by the Administrative Office of the Courts in conjunction with the New Jersey Department of Health and State and local mental health agencies. This bill defines eligible offense, eligible person, and mental illness and mental disability. This bill requires the assigned prosecutor to work in conjunction with the assigned judge to determine eligibility of persons into the Mental Health Diversion Program. The prosecutor and judge will additionally determine the period of participation in the Mental Health Diversion Program and make decisions regarding termination of participation in the program and the dismissal of criminal charges, which gave rise to the diversion. The Administrative Director of the Courts shall nominate a program director, which will require the approval of the Chief Justice.
The program requires the Administrative Office of the Courts to collect data and programmatic information for the purposes of program evaluation. Additionally, the Attorney General, in conjunction with the Administrative Office of the Courts, shall prepare an annual report to the Governor and Legislature regarding the program.
This bill appropriates $5 million from the General Fund to the Administrative Office of the Courts and an additional $5 million to the Office of the Attorney General to effectuate the provisions of this bill.
