reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.2 - Court approval of defendant's participation in conditional dismissal program.

2C:43-13.2 Court approval of defendant's participation in conditional dismissal program.
2. Court Approval of Defendant's Participation in Conditional Dismissal Program. After considering the eligibility criteria set forth in section 1 of P.L.2013, c.158 (C.2C:43-13.1), the defendant's criminal history and the municipal prosecutor's recommendation, the court may, without entering a judgment of conviction, and after proper reference to the State Bureau of Identification criminal history record information files, approve the defendant's participation in the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) and place the defendant under a probation monitoring status for a period of one year. The court may also impose financial obligations and other terms and conditions in accordance with P.L.2013, c.158 (C.2C:43-13.1 et al.). Where the court approves a defendant's participation in the conditional dismissal program over the municipal prosecutor's objection, the order approving the defendant's participation in the program shall be a final order but upon request of the municipal prosecutor shall be stayed for a period of 10 days in order to permit the prosecutor to appeal such order to the Superior Court.
L.2013, c.158, s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.3 - Extension of conditional dismissal term.

2C:43-13.3 Extension of conditional dismissal term.
3. Extension of Conditional Dismissal Term. A defendant may apply to the court for an extension of a term of conditional dismissal pursuant to the provisions of P.L.2013, c.158 (C.2C:43-13.1 et al.) to allow sufficient time to pay financial obligations imposed by the court. A judge may also extend a defendant's conditional dismissal term for good cause.
L.2013, c.158, s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.4 - Violation of terms prior to dismissal.

2C:43-13.4 Violation of terms prior to dismissal.
4. Violation of Terms Prior To Dismissal. If a defendant who is participating in the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) is convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, or otherwise fails to comply with the terms and conditions imposed by the court, the court may enter a judgment of conviction and impose a fine, penalty, or other assessment which may be imposed by the court in accordance with the defendant's prior plea of guilty or finding of guilt.
L.2013, c.158, s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.5 - Dismissal.

2C:43-13.5 Dismissal.
5. Dismissal. If, at the end of the term of the conditional dismissal, the defendant has not been convicted of any subsequent petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant.
L.2013, c.158, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.6 - Effect of dismissal.

2C:43-13.6 Effect of dismissal.
6. Effect of Dismissal. The conditional dismissal of petty disorderly persons or disorderly persons offenses granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a petty disorderly persons or disorderly persons offense but shall be reported to the State Bureau of Identification criminal history record information files for purposes of determining future eligibility or exclusion from court diversion programs. A conditional dismissal granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State.
L.2013, c.158, s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-14 - Authority of supreme court

2C:43-14. Authority of supreme court
The Supreme Court may adopt rules dealing with Supervisory Treatment in accordance with procedures herein set forth.
L.1978, c. 95, s. 2C:43-14, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.7 - Limitation.

2C:43-13.7 Limitation.
7. Limitation. A conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall be granted only once with respect to any defendant.
L.2013, c.158, s.7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.8 - Conditional dismissal assessment, restitution and other assessments.

2C:43-13.8 Conditional dismissal assessment, restitution and other assessments.
8. Conditional Dismissal Assessment, Restitution and Other Assessments. A defendant applying for admission to the conditional dismissal program pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall pay to the court an application fee of $75 which, upon collection, shall be deposited into the "Municipal Court Diversion Fund" established pursuant to section 9 of P.L.2013, c.158 (C.2C:43-13.9). Monies in the fund shall be used to defray the cost of intake and monitoring services related to the defendant's participation in the conditional dismissal program as provided by the Probation Division of the Superior Court. If admitted into the program, the defendant shall be required to pay any restitution, costs, and other mandatory assessments that would have been imposed by law for a conviction of the offense charged.
A municipal court judge may impose an assessment, based on the nature of the offense and the character of the defendant, that shall not exceed the amount of a fine that would have been imposed for conviction of the offense charged. Such assessment shall be distributed in the same manner as a fine for the offense charged. A defendant shall be advised of these financial conditions prior to seeking entry into the program.
A defendant may apply for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey, or the court may permit the defendant to pay the conditional dismissal fee and other assessments in installments or may order other alternatives pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1).
L.2013, c.158, s.8.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-13.9 - "Municipal Court Diversion Fund."

2C:43-13.9 "Municipal Court Diversion Fund."
9. a. There is established within the General Fund a dedicated, non-lapsing fund to be known as the "Municipal Court Diversion Fund," which shall be administered by the Administrative Office of the Courts.
b. The fund shall be the depository of a $75 application fee collected pursuant to section 8 of P.L.2013, c.158 (C.2C:43-13.8) for admission to the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.).
c. Monies in the fund shall be used to offset the cost of the intake and monitoring services for defendants diverted from municipal court prosecution for petty disorderly persons and disorderly persons offenses under conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.).
L.2013, c.158, s.9.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-15 - Presentation of proposed rules at judicial conference

2C:43-15. Presentation of proposed rules at judicial conference
2C:43-15. The subject matter and a tentative draft of a rule or rules proposed to be adopted pursuant to this chapter shall be entered upon the agenda and discussed at a Judicial Conference whose membership shall at least include delegates from the Supreme Court, the Appellate Division of the Superior Court, the judges of the Superior Court, the judges of the municipal courts, the surrogates, the State Bar Association, the county bar associations, the Senate and General Assembly, the Attorney General, the county prosecutors, the law schools of this State, and members of the public.
L.1978, c.95; amended 1979,c.178,s.90; 1991,c.91,s.145.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-16 - Public announcement of proposed rules; delivery of copies

2C:43-16. Public announcement of proposed rules; delivery of copies
The proposed rule or rules shall be publicly announced by the Supreme Court on September 15 next following such Judicial Conference (or, if such day be a Saturday, Sunday or legal holiday, on the first day thereafter that is not), and the court shall, on the same day, cause true copies thereof to be delivered to the President of the Senate, the Speaker of the General Assembly, and the Governor.
L.1978, c. 95, s. 2C:43-16, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-17 - Effective date of rules; rules subject to cancellation by joint resolution

2C:43-17. Effective date of rules; rules subject to cancellation by joint resolution
The rule or rules so announced and delivered shall take effect on July 1 next following; provided, however, that all such rules shall remain subject to cancellation at any time up to such effective date by joint resolution to that effect adopted by the Senate and General Assembly and signed by the Governor.
L.1978, c. 95, s. 2C:43-17, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-18 - Change or cancellation of rules by statute or adoption of subsequent rules

2C:43-18. Change or cancellation of rules by statute or adoption of subsequent rules
Any rule or rules so proposed or adopted shall be subject to change or cancellation at any time by statute or by a subsequent rule adopted pursuant to this chapter.
L.1978, c. 95, s. 2C:43-18, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 91, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-19 - Adoption of rules at such time, or with such effective date, or without presentation at judicial conference, as may be provided in joint resolution

2C:43-19. Adoption of rules at such time, or with such effective date, or without presentation at judicial conference, as may be provided in joint resolution
By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular rule or rules therein specified the Supreme Court may adopt such rule or rules at such time or times, or with such effective date, or without presentation at a Judicial Conference, as may be provided in the joint resolution.
L.1978, c. 95, s. 2C:43-19, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-20 - Reduction or elimination of time during which rules may be canceled by joint resolution

2C:43-20. Reduction or elimination of time during which rules may be canceled by joint resolution
By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular rule or rules therein specified, the period of time as provided in 2C:43-17 during which the same may be canceled by joint resolution may be reduced or eliminated.
L.1978, c. 95, s. 2C:43-20, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-21 - Index and reports

2C:43-21. Index and reports
a. Index. The Administrative Director of the Courts shall establish and maintain an index of cases in which applications for supervisory treatment have been made and such index shall indicate the dispositions of those applications.
b. Reports. At the termination of the year in which this chapter takes effect and at the termination of each calendar year thereafter, for a period of 5 years, the assignment judge for each county shall report the results of the rehabilitative effort prescribed in this act to the Administrative Director of the Courts. The report shall include a description of offenses for which supervisory treatment was prescribed, the type of treatment to which defendants were assigned, the number and types of criminal acts, if any, committed by persons during their period of supervisory treatment, the number of persons successfully completing supervisory treatment and against whom charges were dismissed, and, where possible, the number and types of criminal acts, if any, committed by such persons subsequent to successful completion of supervisory treatment.
c. Evaluation. The Administrative Director of the Courts shall, from time to time as he deems necessary, or upon request from the Legislature, evaluate the program of supervisory treatment on the basis of reports made to him by county and municipal prosecutors. He shall submit his evaluation, together with special findings and recommendations to the Legislature.
d. No order of expungement or sealing shall affect any entry in the index or any registry of such information established by the Administrative Office of the Courts.
L.1978, c. 95, s. 2C:43-21, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 92, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-22 - Disclaimer

2C:43-22. Disclaimer
Nothing contained in this act is intended to supersede, repeal or modify the authority granted and procedure prescribed under section 27 of P.L.1970, c. 226 (C. 24:21-27).
L.1978, c. 95, s. 2C:43-22, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-23 - Definitions relative to offenders who are veterans or servicemembers.

2C:43-23 Definitions relative to offenders who are veterans or servicemembers.
1. As used in this act, P.L.2017, c.42 (C.2C:43-23 et al.):
a. "Servicemember" means any veteran or enlisted person or officer of the United States Armed Forces, or a reserve component thereof, or the organized militia of the State of New Jersey pursuant to N.J.S.38A:1-3.
b. "Eligible offense" means a non-violent petty disorderly persons offense, disorderly persons offense, or crime of the third or fourth degree.
c. "Eligible servicemember" means a servicemember who allegedly committed an eligible offense and who has a prior diagnosis of mental illness or for whom a law enforcement officer or prosecutor has a reasonable belief that the person has a mental illness based on behaviors and symptoms exhibited during the commission of the offense or while in custody, or based on information provided by family members or associates during the investigation of the offense.
d. "Veterans Diversion Resource entity" means a point of access or referral to case management and mental health services that are currently available from federal, State and local government agencies to eligible servicemembers. The New Jersey Department of Military and Veterans' Affairs shall, pursuant to section 2 of P.L.2017, c.42 (C.2C:43-24), prepare and disseminate a directory of New Jersey Veteran's Diversion Resource entities to facilitate the diversion of eligible servicemembers from the criminal justice system. The department shall not be responsible for funding, developing or delivering case management or mental health services to eligible servicemembers under P.L.2017, c.42 (C.2C:43-23 et al.).
e. "Mentor" means a volunteer former servicemember recruited by the New Jersey Department of Military and Veterans' Affairs pursuant to subsection (bb) of N.J.S.38A:3-6 to assist an eligible servicemember who is a veteran in accessing assistance to resolve the underlying problems that led or contributed to the eligible servicemember's involvement with the criminal justice system.
f. "Mental illness" means a mental disorder classified within the current version of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), including, but not limited to, anxiety disorders, cognitive disorders, adjustment disorders, schizophrenia and other psychotic disorders, bipolar disorder, depression, and post-traumatic stress disorder (PTSD).
g. "Veteran" means any enlisted person or officer who was discharged or otherwise released from active service in the United States Armed Forces, or any reserve component thereof, or the organized militia of New Jersey under conditions other than dishonorable, or as otherwise provided in subsection p. of section 6 of P.L.1954, c.84 (C.43:15A-6).
L.2017, c.42, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-27 - Construction of act.

2C:43-27 Construction of act.
5. Nothing in P.L.2017, c.42 (C.2C:43-23 et al.) shall be construed to limit or constrain in any way the authority or discretion of a prosecutor to divert, prosecute or pursue any other disposition of a criminal matter involving a defendant who is a servicemember as defined within P.L.2017, c.42 (C.2C:43-23 et al.). When considering the diversion of a servicemember from the criminal justice system, a prosecutor may use the Veterans Diversion Program established pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), any other diversion mechanism authorized by law, or a county-based law enforcement diversion program after considering each program's restrictions, the relief available to the servicemember, and the safety of any victim and the public.
L.2017, c.42, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-28 - Development of differentiated mental health supervision case type.

2C:43-28 Development of differentiated mental health supervision case type.
6. 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 servicemembers 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 specifically targeted to military culture and shall coordinate with mentors as well as federal and State case management and health care providers available to servicemembers to promote their recovery, compliance with the terms of probation and re-integration into the community, and adjustment to civilian life. Eligible servicemembers 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 servicemember 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 and the court periodic status reports regarding the servicemember's participation, cooperation, and recovery progress.
L.2017, c.42, s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-29 - Annual report to Governor, Legislature.

2C:43-29 Annual report to Governor, Legislature.
12. The Attorney General, in cooperation with the Administrative Director of the Courts, shall prepare an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the Veterans Diversion Program and other statutory and county-based law enforcement programs used to divert veterans from the criminal justice system. The report shall assist policymakers in determining whether these diversion programs should be modified or expanded to achieve the goals of recovery for servicemembers and public safety. The report shall include statistics regarding the number of arrests where the person indicates servicemember status; the number of servicemembers accepted into the Veterans Diversion Program or other diversion programs; the number of servicemembers who successfully completed these programs; the number of servicemembers who were found guilty at court proceedings; the number of servicemembers who, subsequent to admission in the Veterans Diversion Program or other diversion programs, were sentenced to a term of incarceration or probation; and other relevant information and recommendations at the discretion of the Attorney General.
L.2017, c.42, s.12.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-30 - Collaboration with the United States Department of Veterans Affairs.

2C:43-30 Collaboration with the United States Department of Veterans Affairs.
14. The Attorney General, the Administrative Director of the Courts, the Commissioner of the Department of Corrections, and the Chairman of the State Parole Board shall collaborate with representatives of the United States Department of Veterans Affairs to identify the most efficient and practical means of sharing information regarding servicemembers who have been arrested, diverted, imprisoned, or placed on probation or parole to assist the Department of Veterans' Affairs in identifying veterans in that population to facilitate its outreach and services to justice-involved veterans.
L.2017, c.42, s.14.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-31 - Information published on websites.

2C:43-31 Information published on websites.
15. The Attorney General, the Administrative Director of the Courts, and the Adjutant General of the Department of Military and Veterans' Affairs shall publish on their respective websites information regarding diversion programs and government-based resources available to assist justice-involved veterans and servicemembers.
L.2017, c.42, s.15.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-32 - Findings, declarations.

2C:43-32 Findings, declarations.
1. The Legislature finds and declares that, to facilitate the expansion and growth of programming for individuals with mental disorders who, due to their mental health issues, engage in conduct that results in involvement in the criminal justice system, a comprehensive response is needed. It is the goal of the Legislature to establish a Statewide Mental Health Diversion Program to divert individuals with serious mental disorders from having a public record of conviction or serving custodial time in the county jail or State prison, to allow participants to engage in mental health treatment and social services, and to reduce recidivism, thereby increasing public safety.
The Legislature further declares that the objectives of the program include: (1) reducing incarceration rates for the appropriate target population through effective diversion away from the criminal justice system; (2) increasing quality of life for the target population through efficient linkage to available social entitlements and community-based mental health treatment providers, in conjunction with supportive monitoring to ensure compliance; (3) increasing community awareness and understanding through cross training of law enforcement and mental health communities; and (4) reducing recidivism and re-hospitalization rates for the target population leading to an increase in public safety.
The Mental Health Diversion Program established by this enactment is grounded in principles of restorative justice where victims of crimes are empowered by maximizing their input when considering legal outcomes, and participants are held accountable yet supported in achieving long?term stability with mental health issues, gaining recovery tools, becoming law?abiding citizens, and being successful community members. This process is enhanced by the critical role of the diversion team which is anchored by the judge, who presides over a team of professionals from the fields of mental health and criminal justice, and the prosecutor. When the prosecutor makes the determination that a defendant is legally eligible for admission, a clinical determination of appropriateness is made, including a psychosocial evaluation which assists the prosecutor in a final determination of appropriateness for the program, and provides critical information for other professionals involved in programming, including the case managers, probation officers, public defenders, and clinical personnel.
This act initially establishes the program in three vicinages of the State. It is the intention of the Legislature to eventually expand the program to a Statewide mental health diversion program in all vicinages.
L.2023, c.188, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-35 - Mental Health Diversion Program, leader, Superior Court judge, duties.

2C:43-35 Mental Health Diversion Program, leader, Superior Court judge, duties.
4. The program leader in a selected vicinage shall be a judge of the Superior Court who shall preside over all participant appearances, regularly held Mental Health Diversion Team meetings, and all related court proceedings. The judge shall preside over regular Mental Health Diversion Team meetings where participant treatment, progress, and barriers are discussed. All sanctions shall be subject to discussion by team members, but final sanction decisions shall be the sole province of the court.
The judge shall meet with each participant individually along with all members of the Mental Health Diversion Team in a location, such as the court well, which is suitable to facilitate private conversations, to review and discuss the participant's progress, problems, and goal achievements.
Court proceedings include, but are not limited to, Orders of Acceptance, guilty pleas, sentencings, sanctions, recognitions, notices of termination, termination hearings, graduations, withdrawals, and violations of probation.
Three months prior to any participant moving on, the judge shall review a formal goal attainment log with the participant and team members. At the conclusion of the court supervision term, a "moving on" or graduation ceremony shall be held where an individual, their family or friends, and other participants recognize the achievement of completion.
L.2023, c.188, s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-36 - Prosecutor, refer person, consideration, Mental Health Diversion Program, timing.

2C:43-36 Prosecutor, refer person, consideration, Mental Health Diversion Program, timing.
5. a. At any time after the filing of a criminal complaint, including the pre-indictment and post-indictment period, but prior to the disposition of the complaint, a prosecutor may refer a person for consideration for diversion to the Mental Health Diversion Program.
b. At any time after the filing of a criminal complaint, including the pre-indictment and post-indictment period, but prior to the disposition of such complaint, an eligible person, or their defense counsel, may make an application to the prosecutor for diversion to the Mental Health Diversion Program.
L.2023, c.188, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-38 - Authority, discretion, prosecutor, Mental Health Diversion Program.

2C:43-38 Authority, discretion, prosecutor, Mental Health Diversion Program.
7. Nothing in P.L.2023 c.188 (C.2C:43-32 et al.) shall be construed to limit or constrain in any way the authority or discretion of a prosecutor to divert, prosecute, or pursue any other disposition of a criminal matter involving a defendant who is an eligible person. When considering the diversion of an eligible person from the criminal justice system, a prosecutor may use the Mental Health Diversion Program established pursuant to P.L.2023 c.188 (C.2C:43-32 et al.), any other diversion mechanism authorized by law, or a county-based law enforcement diversion program after considering each program's restrictions, the relief available to the person, and the safety of any victim and the public.
L.2023, c.188, s.7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-40 - Attorney General, Mental Health Diversion Program, report, Governor, Legislature.

2C:43-40 Attorney General, Mental Health Diversion Program, report, Governor, Legislature.
13. The Attorney General, in cooperation with the Administrative Director of the Courts, Commissioner of the Department of Human Services and county prosecutors shall, no later than two years after the establishment of the Mental Health Diversion Program, prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the program. The report shall assist policymakers in determining whether the Mental Health Diversion Program should be modified or expanded to achieve the goals of recovery for eligible persons and public safety. The report shall include statistics regarding the number of applications, the number of eligible persons accepted into the Mental Health Diversion Program and the number who successfully completed this program; and other relevant information and recommendations at the discretion of the Attorney General.
L.2023, c.188, s.13.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:43-41 - "Mental Health Diversion Program Support Fund", established, Department of the Treasury.

2C:43-41 "Mental Health Diversion Program Support Fund", established, Department of the Treasury.
14. There is created in the Department of the Treasury a special, non-lapsing fund to be known as the "Mental Health Diversion Program Support Fund." There shall be deposited into the fund the amounts made available for the purposes of the fund and any interest earned thereon. Monies deposited in the fund shall be dedicated to the purposes of defraying the costs and expenses associated with the administration and operation of the Statewide Mental Health Diversion Program established pursuant to P.L.2023 c.188 (C.2C:43-32 et al.).
L.2023, c.188, s.14.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-4 - Definition of prior conviction; conviction in another jurisdiction; proof of prior conviction

2C:44-4. Definition of prior conviction; conviction in another jurisdiction; proof of prior conviction
2C:44-4. Definition of Prior Conviction; Conviction in Another Jurisdiction; Proof of Prior Conviction.
a. Prior conviction of an offense. An adjudication by a court of competent jurisdiction that the defendant committed an offense constitutes a prior conviction.
b. Prior conviction of a crime. An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a prior conviction, although sentence or the execution thereof was suspended, provided that the time to appeal has expired and that the defendant was not pardoned on the ground of innocence.
c. Prior conviction in another jurisdiction. A conviction in another jurisdiction shall constitute a prior conviction of a crime if a sentence of imprisonment in excess of one year was authorized under the law of the other jurisdiction.
d. Proof of prior conviction. Any prior conviction may be proved by any evidence, including fingerprint records made in connection with arrest, conviction or imprisonment, that reasonably satisfies the court that the defendant was convicted.
L.1978, c. 95, s. 2C:44-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 96, eff. Sept. 1, 1979; 2021, c.298, s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-5.1 - Penalties for committing certain offenses while released on bail, own recognizance increased.

2C:44-5.1 Penalties for committing certain offenses while released on bail, own recognizance increased.
1. a. A person who has been convicted under subsection a. of N.J.S.2C:39-4 of possession of a firearm with intent to use it unlawfully against the person of another; or a crime under N.J.S.2C:11-3; N.J.S.2C:11-4; N.J.S.2C:13-1; subsection a. of N.J.S.2C:14-2; subsection a. of N.J.S.2C:14-3; N.J.S.2C:15-1; N.J.S.2C:18-2 if the burglary is a crime of the second degree or the structure was adapted for overnight accommodation of persons; or a crime of the first, second or third degree under subsection b. of N.J.S.2C:12-1; shall be sentenced to an extended term of imprisonment pursuant to the provisions of N.J.S.2C:43-7 and shall be subject to double the fine authorized for that crime under the provisions of N.J.S.2C:43-3 if, at the time of the commission of the crime, the defendant was released on bail or on his own recognizance for one of the enumerated crimes and was convicted of that crime.
b. The court shall not impose a sentence of imprisonment pursuant to this section unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against the defendant and to offer evidence upon the issue.
L.1997,c.410,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-6.1 - Defendant liable for cost of psychological evaluation; rules, regulations.

2C:44-6.1 Defendant liable for cost of psychological evaluation; rules, regulations.
4. a. A defendant who is required to submit to a psychological evaluation pursuant to the provisions of N.J.S.2C:44-6 shall be liable for the cost of such evaluation. If the defendant is an enrollee or a covered person under a health insurance contract, policy or plan, the Administrative Office of the Courts shall file a claim with the health insurance contract, policy or plan for a reimbursement of the costs of the psychological evaluation. The claim shall be filed in accordance with the rules and regulations promulgated pursuant to subsection b. of this section. The reimbursement authorized under this section shall be payable to the Administrative Office of the Courts and shall be used exclusively for the purpose of defraying the costs incurred for the psychological evaluation.
b. The Commissioner of the Department of Banking and Insurance, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this section.
c. In the event that a defendant is not covered under a health insurance contract, policy or plan, or if the defendant's insurance contract, policy or plan does not fully cover the costs of the psychological evaluation, a lien may be filed for any unpaid amounts due and payable on any and all property and income to which the defendant shall have or may acquire an interest. Any lien filed shall be in accordance with the rules and regulations promulgated pursuant to subsection b. of this section.
L.1997,c.216,s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-6.2 - Person sentenced to incarceration, care and custody of minor child.

2C:44-6.2 Person sentenced to incarceration, care and custody of minor child.
1. a. In any case in which a person has been convicted of a crime for which the person will be incarcerated, the court shall order, as part of the presentence investigation required pursuant to N.J.S.2C:44-6, that a determination be made as to whether the person is the sole caretaker of a minor child and, if so, who will assume responsibility for the child's care and custody during the period the person is incarcerated.
b. If the determination is made that the person is the sole caretaker of the child, the presentence investigation shall also include:
(1) verification that the person who will be responsible for the child's care and custody during the period of incarceration has agreed to assume responsibility for the child's care and custody;
(2) an inquiry as to the willingness of the person to assume responsibility for the child's care and custody during the period of incarceration; and
(3) a PROMIS/GAVEL network check, juvenile central registry check, and domestic violence central registry check on the person who will be responsible for the child's care and custody during the period of incarceration and on any adult and juvenile over 12 years of age in the person's household.
c. The court shall provide the information compiled pursuant to subsection b. of this section, from the presentence investigation, to the Division of Child Protection and Permanency in the Department of Children and Families.
L.2003, c.301, s.1; amended 2006, c.47, s.28; 2012, c.16, s.10.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-6.3 - Report of persons convicted of certain crimes residing with minor children.

2C:44-6.3 Report of persons convicted of certain crimes residing with minor children.
3. a. In any case in which a person has been convicted of a crime enumerated in subsection b. of this section and:
(1) the victim of the crime was either a person under the age of 18 at the time of the commission of the crime, or a person defined in paragraph (9) of subsection b. of this section; and
(2) the person convicted of the crime resides in a household with other minor children or is a parent of a minor child,
the court, based on an interview with the defendant, shall make a referral to the Division of Child Protection and Permanency in the Department of Children and Families and provide the division with the name and address of the person convicted of the crime, information on the person's criminal history, and the name and address of each child referred to in paragraph (2) of this subsection.
b. For purposes of this section, "crime" includes any of the following:
(1) murder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;
(2) simple assault or aggravated assault pursuant to N.J.S.2C:12-1;
(3) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);
(4) terrorist threats pursuant to N.J.S.2C:12-3;
(5) kidnapping and related offenses including criminal restraint; false imprisonment; interference with custody; criminal coercion; or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6;
(6) sexual assault, criminal sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;
(7) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2;
(8) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4; or child abuse, neglect, or abandonment pursuant to R.S.9:6-3;
(9) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7 or endangering the welfare of an elderly or disabled person pursuant to N.J.S.2C:24-8;
(10) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.); or
(11) an attempt or conspiracy to commit an offense listed in paragraphs (1) through (10) of this subsection.
L.2003, c.301, s.3; amended 2006, c.47, s.29; 2012, c.16, s.11.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-6.4 - Rules of Court.

2C:44-6.4 Rules of Court.
5. The Supreme Court of the State of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of sections 1 and 3 of this act.
L.2003,c.301,s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-7 - Appellate review of actions of sentencing court

2C:44-7. Appellate review of actions of sentencing court
Any action taken by the court in imposing sentence shall be subject to review by an appellate court. The court shall specifically have the authority to review findings of fact by the sentencing court in support of its findings of aggravating and mitigating circumstances and to modify the defendant's sentence upon his application where such findings are not fairly supported on the record before the trial court.
L.1978, c. 95, s. 2C:44-7, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:44-8 - Convicted defendants, prior restrictions continued.

2C:44-8 Convicted defendants, prior restrictions continued.
3. When a defendant is found guilty of a sex offense, the court may, at the time of sentencing and in addition to any other disposition authorized by law, order the continuation of a prior order or condition of bail that restricts the defendant's contact with the victim, or enter an order imposing such restrictions at the time of sentencing. In addition to restricting a defendant's contact with the victim, the court may enter an order:
a. restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members;
b. restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim;
c. prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L.1992, c.209 (C.2C:12-10);
d. providing for any other appropriate restraints necessary to protect the victim.
L.2007, c.133, s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:45-2 - Period of suspension or probation; modification of conditions; discharge of defendant.

2C:45-2 Period of suspension or probation; modification of conditions; discharge of defendant.
2C:45-2. Period of Suspension or Probation; Modification of Conditions; Discharge of Defendant
a. When the court has suspended imposition of sentence or has sentenced a defendant to be placed on probation, the period of the suspension shall be fixed by the court at not to exceed the maximum term which could have been imposed or more than 5 years whichever is lesser. The period of probation shall be fixed by the court at not less than 1 year nor more than 5 years. The court, on application of a probation officer or of the defendant, or on its own motion, may discharge the defendant at any time.
b. During the period of the suspension or probation, the court, on application of a probation officer or of the defendant, or on its own motion, may (1) modify the requirements imposed on the defendants; or (2) add further requirements authorized by N.J.S.2C:45-1. The court shall eliminate any requirement that imposes an unreasonable burden on the defendant.
c. Upon the termination of the period of suspension or probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the offense unless the defendant has failed:
(1) to fulfill conditions imposed pursuant to paragraph b. (11) of N.J.S.2C:45-1, in which event the court may order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section; or
(2) to fulfill the conditions imposed pursuant to subsection c. of N.J.S.2C:45-1, in which event the court shall order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section.
The extension may be entered by the court without the defendant's personal appearance if the defendant agrees to the extension.
Notwithstanding any provision in this section to the contrary, any order of the court prohibiting contact with a victim imposed on a defendant convicted of a sex offense shall continue in effect following the termination of probation supervision until further order of the court.
Amended 1979, c.180, s.2; 1991, c.329, s.9; 2007, c.133, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:45-3 - Summons or arrest of defendant under suspended sentence or on probation; commitment without bail; revocation and resentence.

2C:45-3 Summons or arrest of defendant under suspended sentence or on probation; commitment without bail; revocation and resentence.
2C:45-3. a. At any time before the discharge of the defendant or the termination of the period of suspension or probation:
(1) The court may summon the defendant to appear before it or may issue a warrant for his arrest;
(2) A probation officer or peace officer, upon request of the chief probation officer or otherwise having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order or that he has committed another offense, may arrest him without a warrant;
(3) The court, if there is probable cause to believe that the defendant has committed another offense or if he has been held to answer therefor, may commit him without bail, pending a determination of the charge by the court having jurisdiction thereof;
(4) The court, if satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or if he has been convicted of another offense, may revoke the suspension or probation and sentence or resentence the defendant, as provided in this section. No revocation of suspension or probation shall be based on: (a) failure to pay a fine or make restitution, unless the failure was willful; or (b) manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.
b. When the court revokes a suspension or probation, it may impose on the defendant any sentence that might have been imposed originally for the offense of which he was convicted.
c. The commencement of a probation revocation proceeding shall toll the probationary period until termination of such proceedings. In the event that the court does not find a violation of probation, this subsection shall not operate to toll the probationary period.
amended 1979, c.178, s.99; 1979, c.180, s.3; 1981, c.290, s.41; 2021, c.19, s.12.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:45-4 - Notice and hearing on revocation or modification of conditions of suspension or probation

2C:45-4. Notice and hearing on revocation or modification of conditions of suspension or probation
The court shall not revoke a suspension of sentence or probation or delete, add or modify conditions of probation except after a hearing upon written notice to the defendant of the grounds on which such action is proposed. The defendant shall have the right to hear and controvert the evidence against him, to offer evidence in his defense, and to be represented by counsel.
L.1978, c. 95, s. 2C:45-4, eff. Sept. 1, 1979.