Bill Text: NJ S307 | 2016-2017 | Regular Session | Introduced
Bill Title: Creates Veterans Diversion Program to divert eligible servicemembers away from criminal justice system and into appropriate case management and mental health services.**
Spectrum: Slight Partisan Bill (Democrat 20-9)
Status: (Passed) 2017-05-01 - Approved P.L.2017, c.42. [S307 Detail]
Download: New_Jersey-2016-S307-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Establishes a three-year Statewide "Veterans Treatment Court Pilot Program."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
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 three-year Statewide "Veterans Treatment Court Pilot Program," 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, 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 Veterans Treatment Court Pilot Program shall be administered by the Administrative Office of the Courts.
2. The Veterans Treatment Court Pilot Program, a temporary court, shall have jurisdiction with respect to cases involving veteran defendants charged with the commission of a nonviolent petty disorderly persons offense, a disorderly persons offense or, a nonviolent crime of the fourth degree and who suffer from mental illness or who are drug or alcohol dependent.
3. a. All municipal court cases involving persons charged with nonviolent petty disorderly persons offenses or disorderly persons offenses and Superior Court cases involving persons charged with nonviolent fourth degree crimes who preliminarily qualify for admission to the Veterans Treatment Court Pilot Program shall, prior to an arraignment, be assigned or transferred to that program.
b. A veteran defendant, 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 section will be preliminarily qualified if the 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 treatment.
c. Motions for transfer into the Veterans Treatment 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 Treatment Court Pilot Program, who shall make the final determination of a veteran defendant's eligibility.
d. If the assigned judge
determines that the veteran defendant has been charged with an offense or a
crime and is eligible to
participate, the defendant shall be eligible for the Veterans Treatment Court
Pilot Program.
4. As used in this act "veteran defendant" means a person: (a) who suffers from a diagnosed mental illness or condition caused by or related to active duty service in the United States Armed Services or a Reserve component thereof; 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 or a Reserve component thereof, 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) served 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) who is a "disabled veteran" as that term is defined in subsection a. of N.J.S.11A:5-1.
5. 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.
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 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 date.
STATEMENT
This bill creates a three-year Statewide Veterans Treatment Court Pilot Program which will have as a purpose the diversion of certain nonviolent offenders who are veterans away from the criminal justice system and into appropriate treatment.
This pre-trial intervention program is designed to supplement the Veterans Assistance Project of the Administrative Office of the Courts. The Veterans Assistance Project was established in 2008 to identify veterans as soon as possible after they entered the criminal justice system and provide appropriate referrals to community services and mentors. Currently, veterans who participate in the Veterans Assistance Project may be diverted to existing programs; however the Veterans Assistance Project is not a diversionary program. This bill would establish the Statewide Veterans Treatment Court Pilot Program, a diversionary program specifically for veterans.
Under the bill, the Statewide Veterans Treatment Court Pilot Program would be administered by the Administrative Office of the Courts. The bill provides the veterans court with jurisdiction to veteran defendants charged with fourth degree crimes and to veteran defendants who are drug or alcohol dependent.
The bill provides that a veteran defendant, who asserts the status of veteran during arrest or confinement or before any court, will be preliminarily qualified and transferred to the program if the 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 treatment.
The bill defines a veteran defendant as (a) 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; 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, 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) who is a "disabled veteran" as that term is defined in subsection a. of N.J.S.11A:5-1. This definitional section includes veterans who have undergone a professional diagnostic assessment to determine whether and to what extent the defendant is drug or alcohol dependent.
The bill also imposes a reporting requirement. Under the bill, the Administrative Office of the Courts is required to monitor the Veterans Treatment Court 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 would include the impact of the pilot program on criminal sentencing and the court's calendar and workload. The reports would also evaluate the effectiveness of the pilot program and recommend whether the program should be continued or expanded.
