2023 New Jersey Revised Statutes
Title 2C - The New Jersey Code of Criminal Justice
Section 2C:43-39 - Administrative Director of the Courts, differentiated mental health supervision case type, probation.
2C:43-39 Administrative Director of the Courts, differentiated mental health supervision case type, probation.
8. a. The Administrative Director of the Courts shall develop a differentiated mental health supervision case type within the Probation Division of the Superior Court for eligible persons who are sentenced to a term of probation supervision. To the extent that sufficient resources are available, probation officers assigned to the specialized caseload shall be experienced in behavioral health and evidence-based therapeutic interventions and shall coordinate with federal and State case management and mental health service providers available to persons to promote their recovery, compliance with the terms of probation, and re-integration into the community.
Eligible persons who are sentenced to a term of probation supervision shall be screened and assigned to a differentiated mental health supervision case type pursuant to procedures developed by the Administrative Director of the Courts. A person who is assigned to a differentiated mental health supervision case type shall provide written authorization for any case management or mental health service provider to release to the Probation Division, the court, prosecutor, and defense counsel periodic status reports regarding the person's participation, cooperation, and recovery progress.
Probation officers assigned to the Mental Health Diversion Program may provide supervision to those participants who have been accepted into the Mental Health Diversion Program.
b. A county prosecutor shall notify the Mental Health Diversion Judge that an eligible person has qualified for admission to the Mental Health Diversion Program, and request that the case be placed on the differentiated mental health supervision docket established pursuant to subsection a. of this section.
c. The Judge shall preside over all Orders of Acceptance for each individual who is accepted into the Mental Health Diversion Program. The Mental Health Diversion Team shall meet at regular intervals as determined by the court to discuss participant treatment plans and participant progress and other topics critical to treatment, reduction of recidivism, and public safety including, but not limited to, pending applications, legal statuses, timelines for psychosocial evaluation, plea agreements, and requirements for program participation to promote the goals of programming.
d. All guilty pleas are required to be entered before the court and may not originate from another court.
e. The Mental Health Diversion Team shall consist of a Judge of the Superior Court who shall preside over the Mental Health Diversion Program for each designated region of the State, designated Assistant Prosecutors, designated Public Defenders, a certified mental health professional, a case manager, a specially trained mental health probation officer, and a collaborative justice specialist. The Judge of the Superior Court shall be designated the Mental Health Diversion Team Leader. A social worker who is trained and or certified regarding co-occurring issues can, if resources are available, be incorporated into the mental health diversion team.
L.2023, c.188, s.8.
