The New Jersey Mental Health Diversionary Program seeks to divert certain people away from the criminal justice system and, instead, place them into appropriate case management and mental health services.  The person must meet certain statutory criteria for participation in the program.  See N.J.S.A. 2C:43-34. 

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Application Process for Mental Health Diversionary Program:  Once criminal charges are filed, a person may submit an application for acceptance into the Mental Health Diversionary Program.

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Legal Determination of Eligibility for the Program:  The prosecutor has discretion to determine if a person qualifies for the Mental Health Diversion Program, and will consider the following factors:

• The nature of the offense(s);

• Whether there is a causal relationship between the person’s diagnosed or apparent mental disorder and the commission of the offense(s)—determined by a mental health professional;

• The amenability of the person to participation in the services of the program;

• The availability of case management and mental health services;

• The desires of any victim(s);

• The person's history of prior convictions;

• Any prior violations of probation; and

• The probability that diversion will promote the person's recovery, prevent future criminal behavior, and protect public safety.

See N.J.S.A. 2C:43-37.

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Timing of Eligibility Determination:  The prosecutor's office must determine whether the applicant is legally eligible for the Mental Health Diversionary Program within a reasonable time frame.  If an applicant is detained, no more than 30 days of excludable time should be granted as against an applicant for a legal determination.  See N.J.S.A. 2C:43-37.

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Prosecutor’s Discretion to Allow Someone Into the Program:  The prosecutor will determine on a case-by-case basis whether a person who is accused of certain offenses (or has a prior conviction for certain offenses) should be allowed into the Mental Health Diversionary Program.  The prosecutor will consider the following: that mental health treatment will serve to benefit the person by addressing the person's mental disorder, that this will thereby reduce the likelihood that the person will thereafter commit another offense, and that no increased danger to the community will result from the person being admitted into the Mental Health Diversion Program.  See N.J.S.A. 2C:43-37(b)(1).  Crimes for which a person is presumed to be ineligible for the Mental Health Diversionary Program are as follows:

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• The individual was previously convicted of a crime under the “No Early Release Act” (“NERA”);

• The individual is currently charged with escape or absconding from parole;

• The current charge involves a sexual offense;

• The current charge involves arson.

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The prosecutor has discretion to admit any applicant for any ineligible offense on a case-by-case basis if, in the prosecutor's discretion, doing so is in the interests of justice.  See N.J.S.A. 2C:43-37(b)(2) through (5). 

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Prosecutor Must Consult With Victim(s):  The prosecutor is required to consult with victims of an eligible offense prior to approving an eligible person's admission into the Mental Health Diversion Program and shall give due consideration to the victims' position on whether the eligible person should be admitted into the program.  The prosecutor has the authority to allow a person into the Mental Health Diversionary Program even if the victim(s) object.  See N.J.S.A. 2C:43-37(b)(5). 

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Clinical Eligibility Determination:  Once the prosecutor determines that the applicant meets the legal requirements for admission into the Mental Health Diversionary Program, a licensed mental health professional must make a finding of clinical appropriateness for the Program.  This is done by interviewing the applicant and may also include interviewing collateral contacts in the applicants life (for example, family members or spouse).  The mental health professional also must make a finding of whether there is a connection between the individual’s mental disorder and the alleged crime(s).  The mental health professional must write a report documenting his or her findings, to be provided to all parties involved in the case.  This report aids the prosecutor in determining the applicant’s eligibility for the Program.  Final decisions as to acceptance shall lie with the prosecutor's office provided appropriate mental health or co-occurring services are available in the community.  See N.J.S.A. 2C:43-37(d).

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Rules of the Mental Health Diversionary Program:  Once legal and clinical eligibility are determined, the applicant must agree in writing to the following terms of the Mental Health Diversionary Program (not all rules will be relevant to in all cases):

1. Participate in case management and mental health services initiated through the Mental Health Diversion Program or other similar services;

2. Provide through defense counsel their mental health records to consider the person's eligibility for the program, and cooperate with any recommended course of treatment, including the use of medications as prescribed and participation in counseling;

3. Authorize the case management or mental health service provider to release to the prosecutor and defense counsel periodic status reports regarding the person's participation, cooperation, and recovery progress with case management and mental health services;

4. Cooperate with case management service providers to procure housing, education, and employment services, where appropriate;

5. Refrain from the use of alcohol, use of any recreational drugs, or any illegal drugs;

6. Refrain from the possession or use of firearms or other weapons;

7. Refrain from further criminal activity;

8. Refrain from any contact with a victim of the offense unless otherwise permitted;

9. The tolling of time for the purposes of the person's right to a speedy trial while the person is participating in the program;

10. Advise the prosecutor of any change in the person's residential address or any change in the provider of case management and mental health services; and

11. Any other terms and conditions related to the person's recovery and public safety deemed appropriate by the prosecutor.

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Length of the Mental Health Diversionary Program:  Pursuant to N.J.S.A. 2C:43-37(f), the prosecutor determines the duration of the person's participation in the Mental Health Diversion Program.  The length of the person's participation in the program shall not exceed 2 years from the date of entry, unless the prosecutor requests that the person's participation in the program be extended based on the person's treatment needs and progress, and the court for good cause approves the request.  The term of the person's participation shall be based on the initial clinical evaluation and recommendations, status reports of the person's participation and attaining established goals, and progress reports from the case management and mental health service providers.

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Treatment Progress is Monitored:  Pursuant to N.J.S.A. 2C:43-37(g), the participant must sign medical releases to allow the Mental Health Diversionary Program to receive periodic reports on the person's participation, cooperation, and recovery progress.

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Treatment is at no Cost to Participant:  One of the benefits of the Mental Health Diversionary Program is that participation and treatment in the Program is at no cost to the participant.  The mental health diversion team will assist program participants in applying for all federal and State benefits that may cover or offset the cost of necessary treatment and services, including medication.  The Department of Human Services will also assist the mental health diversion team in identifying available resources, programs, and benefits.  See N.J.S.A. 2C:43-37(i).

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Violations of Terms of the Program:  Pursuant to N.J.S.A. 2C:43-37(h), if the participant willfully fails to comply with any of the terms or conditions of the diversion agreement, the court will hold a hearing on the issue of the person’s continued participation in the Program.

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Dismissal of Charge(s) Upon Successful Completion:  Pursuant to N.J.S.A. 2C:43-37(k), once the participant successfully completes the Mental Health Diversionary Program, the charge(s) under which the person entered the program will be dismissed.

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​Contact a New Jersey Mental Health Diversionary Program Lawyer for a Free Consultation

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Criminal cases are very complex and highly specialized.  If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney.  At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or ​​​Tracy@DenholtzCriminalDefense.com.