New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 43-32

The Legislature finds and declares that, to facilitate the expansion and growth of programming for individuals with mental disorders who, due to their mental health issues, engage in conduct that results in involvement in the criminal justice system, a comprehensive response is needed. It is the goal of the Legislature to establish a Statewide Mental Health Diversion Program to divert individuals with serious mental disorders from having a public record of conviction or serving custodial time in the county jail or State prison, to allow participants to engage in mental health treatment and social services, and to reduce recidivism, thereby increasing public safety.

The Legislature further declares that the objectives of the program include: (1) reducing incarceration rates for the appropriate target population through effective diversion away from the criminal justice system; (2) increasing quality of life for the target population through efficient linkage to available social entitlements and community-based mental health treatment providers, in conjunction with supportive monitoring to ensure compliance; (3) increasing community awareness and understanding through cross training of law enforcement and mental health communities; and (4) reducing recidivism and re-hospitalization rates for the target population leading to an increase in public safety.

The Mental Health Diversion Program established by this enactment is grounded in principles of restorative justice where victims of crimes are empowered by maximizing their input when considering legal outcomes, and participants are held accountable yet supported in achieving long-term stability with mental health issues, gaining recovery tools, becoming law-abiding citizens, and being successful community members. This process is enhanced by the critical role of the diversion team which is anchored by the judge, who presides over a team of professionals from the fields of mental health and criminal justice, and the prosecutor. When the prosecutor makes the determination that a defendant is legally eligible for admission, a clinical determination of appropriateness is made, including a psychosocial evaluation which assists the prosecutor in a final determination of appropriateness for the program, and provides critical information for other professionals involved in programming, including the case managers, probation officers, public defenders, and clinical personnel.

This act initially establishes the program in three vicinages of the State. It is the intention of the Legislature to eventually expand the program to a Statewide mental health diversion program in all vicinages.