This bill amends the current law governing 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 nature of the offense and the servicemember's mental health status. The bill establishes a rebuttable presumption against admission for those 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 and mental health service providers to ensure compliance with the program's requirements. The bill aims to create a more equitable process for servicemembers seeking diversion from prosecution, reducing the potential for rejection based on unverified victim statements and allowing for a more judicially managed approach to eligibility and participation in the program.

Statutes affected:
Introduced: 2C:43-26