The Veteran’s Diversionary Program:  The Veteran’s Diversionary Program is governed by N.J.S.A. 2C:43-24 through -26.  The Veteran’s Diversionary Program is a Statewide program that has the purpose of diverting eligible veterans away from the criminal justice system and into appropriate case management and mental health services as early as possible following an interaction with law enforcement where the Veteran is alleged to have committed an eligible offense.  N.J.S.A. 2C:43-24(a).  The Veteran’s Diversionary Program offers eligible servicemembers with mental illnesses suspected of committing an eligible offense a path away from the criminal justice system.  The purpose of the program is to provide those who have served  or are serving our country and suffering from mental illness the help they need.  By routing eligible servicemembers with mental illnesses suspected or charged with eligible offenses through existing community and government-based resources, the goal is to serve those who have served our country.

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Applying to the Veteran’s Diversionary Program:  The defense attorney files an application for the client to take part in the Veteran’s Diversionary Program.  The application necessarily must include proof that the applicant is either an active military service member or a veteran of the U.S. Armed Forces.  Additionally, the application must contain proof that the individual currently suffers from a mental illness (Post-Traumatic Stress Disorder is often a common diagnosis among active or veteran service members).  See N.J.S.A. 2C:43-26(a).

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Admission to Program is Prosecutor’s Choice:  The prosecutor has the sole discretion to determine if the individual qualifies for and is admitted to the Veteran’s Diversionary Program.  In determining eligibility and appropriateness for the Program, the prosecutor will consider the following factors:

• The nature of the alleged offense(s);

• Whether mental illness contributed to commission of the alleged offense(s);

• The amenability of the servicemember to participate in services offered by the Veteran’s Diversionary Program;

• The availability of mental health and case management services to suit the servicemember’s needs;

• The desires of any alleged victim(s);

• The servicemember’s prior criminal history;

• The probability that the Veteran’s Diversionary Program will promote the servicemember’s recovery, prevent future criminal behavior, and protect public safety;

See N.J.S.A. 2C:43-26(b)(1).

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Criminal Case Postponed Subject to Compliance With Program Requirements:  Once an application to the Veteran’s Diversionary Program is approved by the prosecutor, the prosecutor may ask the Court to postpone the criminal case proceedings while the eligible service member obtains mental health and case management services.  Postponing the criminal proceedings is contingent upon the individual’s compliance with the requirements of the diversion agreement.  If the individual does not comply with the terms of the Veteran’s Diversionary Program, then the prosecutor can seek to have the original criminal charge(s) returned back to the active case calendar in court.  See N.J.S.A. 2C:43-26(a).

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Offenses That Make a Person Ineligible for the Veteran’s Diversionary Program:  A servicemember cannot be admitted into the Veteran’s Diversionary Program if he or she is charged with any of the following offenses:

• A crime of the 1st or 2nd degree;

• Crimes involving violence or the threat of violence.

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Additionally, the servicemember is ineligible for the Veteran’s Diversionary Program if he or she has a previous conviction for a crime involving the “No Early Release Act.”  If the person is charged with a crime involving domestic violence while a temporary or permanent restraining order was in place, it is up to the prosecutor whether or not the person can be admitted into the Veteran’s Diversionary Program.  See N.J.S.A. 2C:43-26(b)(2).

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Rules Servicemember Must Follow While in the Veteran’s Diversionary Program:  As a condition of entry into the Veteran’s Diversionary Program and successful completion of the Program, the servicemember must agree to follow the following rules and conditions (where relevant to the particular case):

• Participate in case management and mental health services and to cooperate with any recommended course of treatment, including the use of medications as prescribed and participation in counseling;

• Authorize the case management or mental health service provider to release to the prosecutor periodic status reports regarding the servicemember's participation, cooperation, and recovery progress with case management and mental health services;

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

• Pay restitution for damages that have resulted from the offense;

• Refrain from the use of alcohol or illegal drugs or frequent any place where alcohol or illegal drugs are sold and used;

• Refrain from the possession or use of firearms or other weapons;

• Refrain from further criminal activity;

• Refrain from any contact with a victim of the offense;

• Cooperate with a mentor, where assigned, and the United States Department of Veterans Affairs Justice Outreach Specialist;

• Suspend the tolling of time for the purposes of the servicemember's right to a speedy trial while the servicemember is participating in the program;

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

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

See N.J.S.A. 2C:43-6(d).

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Length of the Veteran’s Diversionary Program:  The prosecutor determines the duration of the servicemember’s participation in the Veteran’s Diversionary Program, but that time period cannot exceed 2 years from the date of entry into the Program.  The term of the servicemember's participation shall be based on the initial clinical evaluation and recommendations, status reports of the servicemember's participation, and progress reports from the case management and mental health service providers, and, where assigned, the servicemember's mentor.  See N.J.S.A. 2C:43-26(e).

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Charges Dismissed Upon Completion of Program:  If, after a minimum of 6 months from the date of the diversion agreement, the prosecutor is satisfied that the servicemember has complied with the terms and conditions of the diversion agreement, has not been the subject of any subsequent criminal charges, and, based on clinical reports, continues to make progress with case management services and mental health recovery, the prosecutor may move before the court for the dismissal of the criminal charge(s) pending against the servicemember and terminate the servicemember's participation in the Veterans Diversion Program.  Alternatively, the prosecutor may require that the servicemember continue participation in the program until sufficient evidence of progress toward recovery is available, except that continued participation shall not exceed the 2-year time limit.  See N.J.S.A. 2C:43-26(j).

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Charges Returned to Court if Non-Compliance:  If, at any time, the prosecutor finds that the servicemember has failed to comply with any term or condition of the diversion agreement, the prosecutor may notify the court that the State is prepared to proceed with the prosecution of the offense and the court shall schedule court proceedings as appropriate.  See N.J.S.A. 2C:43-26(k).

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Veteran’s Diversionary Program FAQ

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How can the New Jersey Veteran’s Diversionary Program help me?

If eligible, you could be matched with supportive services, such as:  mental health counseling, job placement, and addiction recovery services.  The thought is:  if we address the issues in a person’s life that lead them to commit an offense then it is more likely the person will remain offense-free in the future.

 

Who is eligible for the New Jersey Veteran’s Diversionary Program?

To be eligible for the Veteran’s Diversionary Program, you must be an eligible service member or veteran who is charged with a non-violent petty disorderly persons offense, a disorderly persons offense, or a crime of the 3rd or 4th degree.  You also must have a mental illness (for example, PTSD).  An “eligible service member” is a veteran, or an enlisted person or officer of the U.S. Armed Forces.  This includes members of the reserves and the New Jersey National Guard.

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Who is not eligible for the New Jersey Veteran’s Diversionary Program?

You are not eligible for the Veteran’s Diversionary Program if you are charged with a 1st or 2nd degree crime, have been convicted of a crime under the No Early Release Act, or are charged with a crime that involves violence or the threat of violence.  If you were charged with domestic violence, you can be admitted to the Veteran’s Diversionary Program if the prosecutor consents.

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How long is the Veteran’s Diversionary Program?

The Veteran’s Diversionary Program is anywhere between 6 months to up to 2 years.

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Contact a Veteran's Diversionary Program

Lawyer for a Free Consultation

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If you are a veteran charged with a New Jersey criminal offense, you may be eligible to enter into the Veteran's Diversionary Program.  Contact Denholtz Criminal Defense today to discuss your legal options during a free consultation.