Rutgers Law

New Jersey Statutes, Title: 2C, THE NEW JERSEY CODE OF CRIMINAL JUSTICE

    Chapter 43: Degrees of crimes

      Section: 2C:43-34: Statewide Mental Health Diversion Program, parameters, initial implementation.

          3. a. (1) There is hereby established a Statewide Mental Health Diversion Program that shall have the purpose of diverting certain persons away from the criminal justice system and into appropriate case management and mental health services as early as possible following an interaction with law enforcement where the person meets the statutory criteria for participation in the program and is alleged to have committed an eligible offense or, subject to the approval of the prosecutor, a presumptively ineligible offense where there is a nexus between the commission of the alleged offense and the eligible person's mental disorder.

(2) The Statewide Mental Health Diversion Program shall be established initially in no less than three judicial vicinages, with at least one program operating in each of the northern, central, and southern regions of the State. As used in this act "northern region" means Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, and Warren Counties; "central region" means Middlesex, Monmouth, Mercer and Union Counties; and "southern region" means Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, and Salem Counties.

(3) The Attorney General, in consultation with the Administrative Office of the Courts, shall select the vicinages that shall participate in the Statewide Mental Health Diversion program, and, within one year of the effective date of P.L.2023 c.188 (C.2C:43-32 et al.), shall designate currently operating mental health diversion programs pursuant to paragraph (5) of this section or cause to be established and maintained new mental health diversion programs in additional selected vicinages, which shall accept eligible persons from within the vicinage.

(4) Programs in vicinages selected to participate in the Statewide Mental Health Diversion Program shall be eligible to receive funding from the "Statewide Mental Health Diversion Support Program Fund" established pursuant to section 14 of P.L.2023 c.188 (C.2C:43-41) to defray the costs of program administration and operation.

(5) A mental health diversion program in operation on the effective date of this act that serves the purpose of diverting eligible persons away from the criminal justice system and into appropriate case management and mental health services, and that applies the same eligibility criteria as provided under this act, may be deemed to comply with the requirements of this act and may be selected by the Attorney General for inclusion in the Mental Health Diversion Program established pursuant to this act.

b. The Attorney General, in consultation with the Administrative Office of the Courts and the Department of Human Services, shall, to the extent consistent with the selected program model, designate at least one regional Mental Health Diversion Team for the northern, central, and southern regions of program operation to coordinate case management and mental health services to eligible persons participating in the Mental Health Diversion Program established or maintained in accordance with this act, provided, however, that nothing in this section shall be construed to prevent a Mental Health Diversionary Program from using other providers if authorized by the county prosecutor.

c. No later than two years after the establishment of the Mental Health Diversion Program pursuant to subsection a. of this section, the Attorney General, in conjunction with the Administrative Office of the Courts and the Department of Human Services, may, subject to the availability of funds, expand the program to additional vicinages, and shall have discretion to modify the program to meet the intent of P.L.2023 c.188 (C.2C:43-32 et al.).

d. The Attorney General shall publish on its website information regarding the Mental Health Diversion Program, including the guidelines required pursuant to P.L.2023 c.188 (C.2C:43-32 et al.).

L.2023, c.188, s.3.

This section added to the Rutgers Database: 2024-03-04 16:41:31.

Older versions of 2c:43-34 (if available):

Court decisions that cite this statute: CLICK HERE.