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 a rebuttable presumption against admission for servicemembers charged with violent crimes or domestic violence offenses, but allows the court to consider these cases, thereby aligning the VDP with other court-managed diversionary programs.

Additionally, the bill stipulates that the court will determine the duration of a servicemember's participation in the VDP, which cannot exceed two years. It also mandates that the servicemember coordinate with case management providers to ensure the court receives periodic reports on their progress. The bill aims to create a more equitable process for servicemembers seeking diversion from prosecution, reducing the influence of unsworn victim statements on admission decisions and allowing for a more judicially managed approach to the program.

Statutes affected:
Introduced: 2C:43-26