New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 43-38

Nothing in P.L.2023 c. 188 (C.2C:43-32 et al.) shall be construed to limit or constrain 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 is an eligible person. When considering the diversion of an eligible person from the criminal justice system, a prosecutor may use the Mental Health Diversion Program established pursuant to P.L.2023 c. 188 (C.2C:43-32 et al.), any other diversion mechanism authorized by law, or a county-based law enforcement diversion program after considering each program's restrictions, the relief available to the person, and the safety of any victim and the public.