S307 SCS

An Act concerning offenders who are veterans or active military servicemembers and supplementing Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill):

a. “Servicemember” means any veteran or active duty servicemember, including a member of the National Guard and Reserve components, who has served on active military duty in any combat theater or area of hostility.

b. “Eligible offense” means a non-violent petty disorderly persons offense, disorderly persons offense, or crime of the fourth degree.

c. “Eligible servicemember” means a servicemember who allegedly committed an eligible offense and who has a prior diagnosis of service-related mental illness or for whom a law enforcement officer or prosecutor has a reasonable certainty of a mental illness based on behaviors exhibited during the commission of the offense or while in custody, or based on information provided by family members or associates during the investigation of the offense.

d. “Veterans Assistance Center” means a single point of access to mental health services for servicemembers coordinated by the New Jersey Department of Military and Veterans’ Affairs pursuant to section 2 of this act.

e. “Mentor” means a volunteer former servicemember assigned through the New Jersey Department of Military and Veterans’ Affairs pursuant to N.J.S.38A:3-6 to assist an eligible servicemember in accessing assistance to resolve the underlying problems that led or contributed to the eligible servicemember’s involvement with the criminal justice system.

f. “Mental illness” means an American Psychiatric Association Diagnostic and Statistical Manual (DSM) Axis I disorder resulting in significant functional impairment or disruption or both in major activities of daily living, including schizophrenia and other psychotic disorders, bipolar disorder, depression, and post traumatic stress disorder (PTSD). Mental illness shall include addiction to alcohol or controlled dangerous substances.

2. a. There is hereby established a Statewide Veterans Diversion Program that shall have the purpose of diverting eligible servicemembers away from the criminal justice system and into appropriate case management and treatment as early as possible following an exchange involving law enforcement.

b. The New Jersey Department of Military and Veterans’ Affairs shall collaborate with the United States Department of Veterans Affairs, the United States Veterans Health Administration, United States Vet Centers, and other State and federal veteran service entities to develop a single point of entry in each county for diversion or referral of eligible servicemembers into the United States Department of Veterans’ Affairs health care system. The department shall also develop a single point of entry for active duty servicemembers through collaboration with the United States Armed Services health care system. The single point of entry shall provide screening, counseling, treatment and case management for mental health issues and other co-occurring health disorders to eligible servicemembers, or shall refer servicemembers to the appropriate services. The point of entry shall also receive immediate referrals and provide relevant law enforcement, probation, or parole entities with status reports of the eligible servicemembers, when the servicemember consents, as a condition of diversion or referral. The department shall advise the Attorney General and the Administrative Director of the Courts of the location of diversion and referral resources in each county.

3. a. When a person is taken into custody for an eligible offense who exhibits behavior or conduct that may be related to a mental illness, the responding law enforcement officer shall inquire as to whether the person is a servicemember. If the person indicates that he or she is a servicemember, the law enforcement officer may proceed in accordance with this act, P.L. , c. (C. ) (pending before the Legislature as this bill), but with a preference for diversion of the person to mental health services and avoidance of the filing of a criminal complaint or criminal court proceedings. If the matter does not qualify for diversion or the person is resistant to diversion, the officer may file a quasi-criminal or criminal complaint, but shall note the servicemember’s status on the complaint-summons or complaint-warrant.

b. Law enforcement officers may divert an eligible servicemember who is believed to have a mental illness into health care services through a Veterans Assistance Center in lieu of filing a criminal or quasi-criminal complaint against the servicemember. A law enforcement officer shall not divert an eligible servicemember if the offense involves restitution or if a victim of the offense objects to the diversion. If an eligible servicemember is not diverted, the officer may proceed with the filing of a complaint-summons or complaint-warrant pursuant to law, the Rules of Court, and the directives of the Attorney General. The form of complaint shall clearly indicate the person’s status as a servicemember to facilitate future efforts to divert eligible servicemembers from the criminal justice system.

c. Prior to the commencement of court proceedings, the court shall notify all defendants present in the courtroom of the eligibility for prosecutorial diversion for eligible servicemembers pursuant to this act.

4. a. At any time after the filing of a quasi-criminal or criminal complaint, but prior to the disposition of such complaint, a prosecutor, at the request of an eligible servicemember, the public defender assigned to the eligible servicemember, the servicemember’s own legal counsel, or the prosecutor’s own discretion, may move before the court to postpone proceedings while an eligible servicemember participates in mental health intervention services.

b. The prosecutor shall have the discretion to determine if an eligible offense qualifies for diversion based on the nature of the eligible offense, the apparent relationship between the diagnosed or apparent mental illness and the commission of the offense, the availability of mental health intervention services, the desires of any victim, and an eligible servicemember’s history of prior convictions. The prosecutor shall consult with all victims of the eligible offense prior to considering an eligible servicemembers’ diversion.

c. The prosecutor’s authorization of diversion pursuant to this section shall not be conditioned on an admission or plea of guilt by an eligible servicemember.

d. To qualify for prosecutorial diversion under this section, an eligible servicemember is required to agree in writing to:

(1) Participate in mental health intervention services initiated through the Veterans Assistance Center and comply with any recommended course of treatment;

(2) Authorize, periodically, the mental health provider to release status reports regarding the servicemember’s participation in mental health intervention services to the prosecutor;

(3) Cooperate with federal and State veterans’ services to procure housing and employment when needed;

(4) Pay restitution for damages that have resulted from the offense;

(5) Refrain from the use of alcohol or drugs or frequent any place where alcohol or drugs are sold and used;

(6) Refrain from the possession or use of firearms;

(7) Refrain from further criminal activity;

(8) Refrain from any contact with a victim of the offense;

(9) Cooperate with a mentor assigned through the Department of Military and Veterans’ Affairs; and

(10) Any other terms and conditions related to the servicemember’s recovery and public safety deemed appropriate by the prosecutor.

e. The prosecutor shall determine the duration of the diversion based on status reports of participation and progress from the mental health intervention service provider, except that the diversion period shall not exceed two years from the date of the agreement.

f. The servicemember shall be responsible for coordinating with the mental health service provider to ensure that the prosecutor receives periodic reports on the servicemember’s participation and recovery progress.

g. The court shall schedule a status hearing within six months from the date on when the court approved the prosecutor’s request for a postponement of the proceedings to review the prosecutor’s request for delayed prosecution of the offense.

h. If, after a minimum of six months, the prosecutor is satisfied that the servicemember has complied with the terms and conditions of the agreement and based on clinical reports, continues to make progress with mental health interventions, the prosecutor may move for the dismissal of the quasi-criminal or criminal charge against the servicemember.

i. If, at any time, the prosecutor finds that the servicemember has failed to comply with any term or condition of the diversion agreement, the prosecutor shall notify the court that the State is prepared to proceed with the prosecution of the offense.

j. No fee shall be assessed to a servicemember for participation in diversion.

k. The decision to divert an eligible servicemember pursuant to this section one or more times shall rest within the discretion of the prosecutor. A dismissal of charges resulting from diversion pursuant to this section shall bar a servicemember’s subsequent eligibility for other court diversion programs, including a program of supervisory treatment pursuant to N.J.S.2C:43-12, conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to section 1 of P.L.2013, c. 158 (C.2C:43-13.1).

l. The dismissal of charges pursuant to this section shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a petty disorderly persons, disorderly persons offense, or a crime, but shall be reported to the State Bureau of Identification criminal history record information files for purposes of determining future eligibility or exclusion from other court diversion programs. A conditional dismissal granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for the purpose of determining whether a second or subsequent offense has occurred under any law of this State.

5. The Administrative Office of the Courts shall develop a special supervision track within the Probation Division of the Superior Court for eligible servicemembers who are sentenced to a term of probation supervision. To the extent resources are available, probation officers assigned to the special track shall be experienced in behavioral health and evidence-based therapeutic interventions specifically targeted to military culture and shall coordinate with volunteer mentors as well as federal and State veteran and active duty servicemember health care providers to promote the servicemember’s compliance with the terms of probation and re-integration into civilian life. Eligible servicemembers who are sentenced to a term of probation shall be screened and assigned to the specialized caseloads pursuant to procedures developed by the Administrative Office of the Courts.

6. This act shall take effect on the first day of the seventh month next following enactment, except that the Attorney General and the Administrative Office of the Courts may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.