This bill amends the current law regarding the Veterans Diversion Program (VDP) by transferring the authority to determine eligibility for admission from the prosecutor to the Judiciary. Under the new provisions, an eligible servicemember, their public defender, or legal counsel can apply to the court for participation in the VDP, which may approve or conditionally approve admission based on various factors, including the servicemember's mental health assessment and criminal history. The bill establishes that the court will now have the discretion to determine if a servicemember qualifies for the program, rather than the prosecutor, and it introduces a rebuttable presumption against admission for certain violent offenses and domestic violence cases.

Additionally, the bill outlines the responsibilities of the court in managing the duration of participation in the VDP, which cannot exceed two years, and requires the court to review the servicemember's status periodically. It also mandates that the servicemember coordinate with case management providers to ensure compliance with the program's terms. The changes aim to align the VDP with other judicial diversion programs, allowing for a more equitable assessment of eligibility and reducing the potential for bias based on victim statements. Overall, the bill seeks to enhance the support for servicemembers while ensuring public safety.

Statutes affected:
Introduced: 2C:43-26