Sponsored by:
Senator VINCENT J. POLISTINA
District 2 (Atlantic)
Co-Sponsored by:
Senator Diegnan
SYNOPSIS
Creates behavioral health pilot program.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a behavioral health court pilot program 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. The Administrative Office of the Courts shall establish a behavioral health court pilot program in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) in no fewer than two counties and no fewer than five municipalities. The pilot program shall take place only in municipalities and counties that apply to the Administrative Office of the Courts to participate.
2. a. Any person who is ineligible for probation due to a conviction for a crime which is subject to a presumption of incarceration or a mandatory minimum period of parole ineligibility, or whom the court otherwise finds appropriate for sentencing under this section, may be sentenced to a term of behavioral health special probation in accordance with this section. Notwithstanding the presumption of incarceration pursuant to the provisions of subsection d. of N.J.S.2C:44-1, whenever a person is in need of behavioral health care services and is subject to sentencing under this section is convicted of or adjudicated delinquent for an offense, other than one described in subsection b. of this section, the court, upon notice to the prosecutor, may, on motion of the person, or on the courts own motion, place the person on behavioral health special probation, pursuant to P.L. , c. (C. )(pending before the Legislature as this bill), which shall be for a term of no less than one year and no more than three years, as determined in the courts discretion, provided that the court finds in the record that:
(1) the person has undergone a professional diagnostic assessment to determine whether and to what extent the person is suffering from behavioral health issues;
(2) the person is in need of behavioral health care services within the meaning of section 2 of P.L.1997, c.192 (C.26:2S-2) and was in need of behavioral health care services at the time of the commission of the present offense;
(3) behavioral health care services will serve to benefit the person by addressing the persons behavioral health issues and will thereby reduce the likelihood that the person will thereafter commit another offense;
(4) the person did not possess a firearm at the time of the present offense and did not possess a firearm at the time of any pending criminal charge;
(5) the person has not been previously convicted on two or more separate occasions of crimes of the first or second degree, other than those listed in paragraph (6) of this subsection; or the person has not been previously convicted on two or more separate crimes, where one of the crimes is a crime of the third degree and one of the crimes is a crime of the first or second degree;
(6) the person has not been previously convicted or adjudicated delinquent for, and does not have a pending charge of murder, aggravated manslaughter, manslaughter, kidnapping, aggravated assault, aggravated sexual assault or sexual assault, or a similar crime under the laws of any other state or the United States;
(7) a suitable treatment facility licensed and approved by the Department of Human Services is able and has agreed to provide appropriate treatment services; and
(8) no danger to the community will result from the person being placed on behavioral health special probation pursuant to this section.
In determining whether to sentence the person pursuant to this section, the court shall consider all relevant circumstances, and shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings, and shall also consider the presentence report and the results of the professional diagnostic assessment to determine whether and to what extent the person is in need of behavioral health care services and would benefit from treatment.
As a condition of behavioral health special probation, the court shall order the person to enter a behavioral health care service treatment program at a facility licensed and approved by the Division of Mental Health and Addiction Services in the Department of Human Services to administer behavioral health care services.
b. A person shall not be eligible for behavioral health special probation pursuant to this section if the person is convicted of or adjudicated delinquent for:
(1) a crime of the first degree;
(2) a crime of the first or second degree enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2), a crime of the second degree involving N.J.S.2C:15-1 or N.J.S.2C:18-2; or
(3) an offense that involved the distribution or the conspiracy or attempt to distribute a controlled dangerous substance, or its analog, to a juvenile near or on school property.
c. The probation department or other appropriate agency designated by the court to monitor or supervise the person's behavioral health special probation shall report periodically to the court as to the person's progress in behavioral health treatment and compliance with court-imposed terms and conditions. The behavioral health treatment provider shall promptly report to the probation department or other appropriate agency all significant failures by the person to comply with any court-imposed term or condition of behavioral health special probation or any requirements of the course of treatment, and shall immediately report any act that would constitute an escape. The probation department or other appropriate agency shall immediately notify the court and the prosecutor in the event that, for any reason, the behavioral health care service terminates the person's participation in the course of treatment.
d. (1) Upon a first violation of any term or condition of the behavioral health special probation authorized by this section or of any requirements of the course of treatment, the court, in its discretion, may permanently revoke the persons behavioral health special probation.
(2) Upon a second or subsequent violation of any term or condition of the behavioral health special probation authorized by this section or of any requirements of the course of behavioral health treatment, the court shall permanently revoke the person's behavioral health special probation, unless the court finds on the record that there is a substantial likelihood that the person will successfully complete the treatment program if permitted to continue on behavioral health special probation, and the court is clearly convinced, considering the nature and seriousness of the violations, that no danger to the community will result from permitting the person to continue on behavioral health special probation pursuant to this section. The court's determination to permit the person to continue on behavioral health special probation following a second or subsequent violation pursuant to this paragraph may be appealed by the prosecution.
In making its determination whether to revoke behavioral health special probation, and whether to overcome the presumption of revocation established in paragraph (2) of this subsection, the court shall consider the nature and seriousness of