Bill would steer some offenders to counseling

State legislations hoping to start 'mental illness diversion program'

By: Gene Myers
NorthJersey.com
USA Today Network - New Jersey

..... New Jersey lawmakers are considering legislation that would divert nonviolent offenders form the criminal justice system into mental health programs, where supporters say they would find help that jail and prison can't provide.
..... The bill approved by the state Senate judiciary Committee last week [06/15/2023] to establish a "statewide mental illness diversion program," in which eligible defendants could avoid criminal charges and "get an opportunity to get treatment as opposed to being sent behind bars," Senator M. Teresa Ruiz, D-Essex, said at a hearing in Trenton.
..... Under the legislation, division would be an option for those who are charged with a disorderly persons offense in the third or fourth degree and also have symptoms or a diagnosis of a mental illness.
..... Those accused of violent crimes would be ineligible.
..... Once admitted, enrollees would be required to participate in case management and mental health services for a period of no longer than two years. Changes would be dropped for anyone who completes the program, as determined by clinical evaluation and a final approval by the local prosecutor.
...... The proposal was potentially "game-changing," Essex County's acting prosecutor Theodore "ted" Stephens, said at the hearing Monday. [0619/2023]
..... "Two in five Americans report symptoms of anxiety and depression, and 45% of teenagers report similar maladies," he said. "The criminal justice system has been saddled with the result of mental health disorders for years."
..... "People with mental illnesses are 10 times more likely to end up in jail," added Ruiz, the majority leader in the Democratic-led Senate.
..... The proposal must still pass the full Senate and state Assembly and get Governor Phil Murphy's signature before it can become law.

Victims would get a say

..... The bill lists several factors that prosecutors must consider before approving diversion, including the nature of the offense, the relationship between the person's mental illness and the alleged crime, the accused's willingness to participate and the availability of mental health services. the desires of victims, prior criminal convictions and the probability that diversion will promote recovery and prevent future criminal acts would also be factors
..... All seven of the committee's Democrat voted to advance the bill; four Republicans abstained.

Too much power for prosecutors?

..... One of those Republicans, Morris County's Anthony Bucco, noted that the proposal would give "sole discretion" to prosecutors to determine who eligible.
..... "I have serious concerns with the lack of judicial oversight in this process," he said.
..... Bucco acknowledged the legislation's good intentions but said he would like to see a complete list of eligible crimes in the next version of the bill.

What's next?

..... Ruiz said she expects further changes and was "very open" to suggestions from the state Attorney General's Office.
..... The legislation, which was co-sponsored by Senator Sandra Cunningham, D-Hudson, would also establish a directory of mental health services providers
..... It was referred to the Senate's Budget and Appropriations Committee for further there review.
..... A companion bill in the Assembly also passed that chamber's judiciary committee last week. [06/13/2023]

HOME