New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 43-33

As used in this act:

“Eligible offense” means a crime of the third or fourth degree that does not involve violence or the threat of violence. A crime or offense does not involve violence or threat of violence if none of the following apply: the victim sustains bodily injury as defined in subsection a. of N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens by word or gesture to use a deadly weapon or threatens to inflict bodily injury. “Eligible offense” shall not include a crime of the first degree, sexual offenses, subject to subsection b. of section 2 of P.L.1994, c. 133 (C.2C:7-2) or pursuant to chapter 14 of Title 2C of the New Jersey Statutes, or a presumptively ineligible offense.

“Eligible person” means a person who: (1) is mentally competent as that term is defined in N.J.S.2C:4-4; (2) allegedly committed an eligible offense, or allegedly committed a presumptively ineligible offense but is approved for participation by the prosecutor, and is not otherwise disqualified by the provisions of this act; and (3) has been diagnosed with a mental disorder, either previously or through a mental health evaluation conducted through the program, and there is a nexus between the person's mental disorder and the commission of the alleged crime as determined by a licensed mental health professional.

“Mental Health Diversion Program” or “program” means the criminal diversionary program established pursuant to this act that shall have the purpose of diverting eligible persons away from the criminal justice system and into appropriate case management and mental health services following interaction with law enforcement and where there is a nexus between the commission of the alleged offense and the eligible person's mental disorder.

“Mental Health Diversion Team” is a collaboration of professionals led by the Superior Court Judge and comprised of Assistant Prosecutors, designated Public Defenders, a licensed mental health professional, a case manager, a specially trained mental health probation officer, and a collaborative justice specialist. If resources are available, a certified drug and alcohol counselor shall be included as a member of the diversion team.

“Mental disorder” means a serious mental disorder, other than a personality disorder, classified within the current version of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), including, but not limited to, psychotic disorder, bipolar disorder, major depressive disorder, post-traumatic stress disorder (PTSD), and co-occurring substance use disorders.

“Presumptively ineligible offense” means a crime of second degree, a crime of the third or fourth degree that involves violence or the threat of violence, an offense enumerated in subsection a., b., c., or e. of N.J.S.2C:39-5, or an arson offense as defined in chapter 17 of Title 2C of the New Jersey Statutes. For purposes of this section, a crime or offense involves violence or threat of violence if the victim sustains bodily injury as defined in subsection a. of N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens by word or gesture to use a deadly weapon or threatens to inflict bodily injury. A crime of the first degree and sexual offenses subject to Megan's Law P.L.2001, c. 167 (C.2C:7-12 et seq.) as defined in chapter 14 of Title 2C of the New Jersey Statutes shall be ineligible under all circumstances.

“Psychosocial assessment” or “psychosocial evaluation” means a written evaluation of an individual's mental and emotional functioning.