The Irynas Law establishes a new framework for evaluating defendants who may require involuntary commitment instead of pretrial detention. Prosecutors are empowered to file motions for mental health assessments if there is reasonable cause to believe a defendant poses a danger to themselves or others due to mental illness. The law allows for referrals to a screening service for defendants who have been previously committed within the last three years, facilitating a determination of the need for inpatient involuntary commitment. If a defendant does not require inpatient treatment, they may be temporarily detained in county jail while a risk assessment is conducted for their release conditions.

Additionally, the bill amends existing sentencing guidelines by introducing a new aggravating factor for offenses committed in public accommodations or on public transportation, thereby enhancing the seriousness with which such offenses are treated. This change is inspired by similar legislation in North Carolina and aims to increase accountability for crimes in public spaces, providing greater protection for victims and addressing the implications of violent acts committed in these vulnerable settings. Overall, the Irynas Law seeks to balance public safety with the mental health needs of defendants while ensuring timely and appropriate judicial responses.

Statutes affected:
Introduced: 2A:162-16, 2A:162-17, 30:4-24.3