Concerns diversion from criminal prosecution for persons with mental illness under certain circumstances.

A1367

ASSEMBLY, No. 1367

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

SYNOPSIS

���� Concerns diversion from criminal prosecution for
persons with mental illness under certain circumstances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning diversion for persons with mental illness, supplementing Title 2C of
the New Jersey Statutes and Title 52 of the Revised Statutes, and amending
P.L.1987, c.116.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

1.

(New section)�� As
used in this act:

���� �Crisis Intervention Team
Center of Excellence Program�� or �CIT� means the 40-hour national
certification and training program offered to law enforcement officers and
other first responders to provide the skills, knowledge, and support systems
necessary to divert persons experiencing a mental health crisis from the
criminal justice system to behavioral health treatment services; improve law
enforcement response to persons experiencing a mental health crisis; and
protect the safety of first responders, the person in crisis, and the public.

���� �Crisis Intervention Team �
New Jersey Center of Excellence Program� or �CIT-NJ� means this State�s
county-based 40-hour training and certification program modelled on the CIT but
adapted to conform with the laws and the specific resources and needs in this
State.���

���� �Crime or offense involving
violence� means a crime or offense involving violence or the threat of violence
if the victim suffers bodily injury as defined in subsection a. of
N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon or threatens
by word or gesture to use a deadly weapon as defined in subsection c. of
N.J.S.2C:11-1, or threatens to inflict bodily injury.

���� �Mental health crisis� means a
behavioral, emotional, or psychiatric situation which, but for the provision of
crisis response services, would likely result in significantly reduced levels
of functioning in primary activities of daily living, or in an emergency
situation, or in the placement of the recipient in a more restrictive setting,
including but not limited to, inpatient hospitalization.

���� �Mental illness� means a
mental disorder listed in the Diagnostic and Statistical Manual of Mental
Disorders (DSM) published by the American Psychiatric Association.

���� 2.��� (New section)��� a.�� The
Police Training Commission in the Department of Law and Public Safety shall
adopt a one day in- service basic training course to provide law enforcement
officers with the skills and knowledge necessary to recognize, respond to, and
divert from the criminal justice system, when appropriate, a person
experiencing a mental health crisis.

���� (1)�� Every full-time law
enforcement officer who is or may be

assigned uniformed patrol duty on
or after the effective date of P.L. c.���� (C.����
) (pending before the Legislature as this bill) shall complete the basic
training course within one year following the effective date of P.L.���� c.����
(C.���� ) (pending before the Legislature as this bill) or within one year of
the date the officer is appointed.�

���� (2)�� A law enforcement
officer who is assigned to uniformed patrol duty shall complete an in-service
refresher course at least once every five years following the basic training
course required in paragraph (1) of this subsection.�

���� b.��� In addition to the basic
training course required in subsection a. of this section, the Police Training
Commission shall adopt the CIT-NJ and establish standards for requiring a
certain percentage of law enforcement officers to receive this training.� The
percentage shall be based on the size and responsibilities of each law
enforcement agency and the characteristics of the community, with the goal of
certifying at least 20 percent of law enforcement officers assigned to
uniformed patrol duty.�

���� c.���� The Police Training
Commission, in consultation with the Division of Mental Health and Addiction
Services in the Department of Health, shall develop and maintain relevant
curriculums for the law enforcement training programs required in subsections
a. and b. of this section. Each curriculum shall be reviewed and approved every
two years and modified as appropriate. Each curriculum shall include classroom
instruction and interactive training to assure the most realistic learning
experience. The CIT-NJ curriculum shall adhere to the goals and core elements
of the CIT or other similar evidence-based models. At a minimum, each
curriculum shall include training on:��

���� (1)�� the cause and nature of
mental illness;

���� (2)�� identifying indicators
of mental illness and the appropriate response in various situations;

���� (3)�� conflict resolution and
de-escalation techniques for potentially dangerous situations involving a
mentally ill person;

���� (4)�� use of appropriate
language when interacting with a mentally ill person;

���� (5)�� alternatives to lethal
force when interacting with a potentially dangerous mentally ill person; and

���� (6)�� community and State
resources available to serve the mentally ill and how they can be best utilized
by law enforcement to benefit this community.���

���� 3.��� (New section)��� The
Department of Health, in cooperation with local government officials, shall
coordinate and facilitate a Mental Health Services Coordinating Council in each
county comprised of representatives from local law enforcement agencies,
correctional facilities, courts, treatment facilities, county departments of
social services, veterans� organizations, hospitals and emergency rooms, and
mental health advocacy groups.� The council periodically shall meet to identify
mental health screening, treatment, and case management resources within each
county that are available to support law enforcement diversion of a person who
is experiencing a mental health crisis.� To the extent feasible, the council
shall develop information sharing technologies to assist law enforcement
officers in promptly identifying available mental health resources to
facilitate the emergent diversion of a person who is experiencing a mental
health crisis.

���� 4.��� (New section)��� When a
person taken into custody for a crime or offense exhibits behavior that appears
related to a mental health crisis, the law enforcement officer may, with due
regard for the safety of the person, a victim, the public, and the officer,
divert the person to a screening service as defined in section 4 of
P.L.1987 c.116 (C.30:4-27.4) or other alternative for mental health
screening and assessment identified by the Department of Health. Following an
evaluation performed by the screening service or other alternative, the officer
shall have discretion, in accordance with guidelines issued by the Attorney
General, in determining whether a criminal complaint shall be filed against the
person. Except for a crime or offense involving violence or when the law enforcement
officer perceives a risk to a victim or the public, there shall be a
presumption to delay or forgo filing a criminal complaint until the person has
received behavioral health treatment services. If a criminal complaint is not
filed due to diversion to a screening service or behavioral health treatment
provider, a law enforcement officer subsequently may file a criminal complaint,
subject to the time limitations of N.J.S.2C:1-6, if the person fails to
cooperate with the screening service or treatment provider, or commits a
subsequent crime or offense.

���� 5.��� (New section)��� a.�� At
any time after the filing of a criminal complaint, but prior to the disposition
of the complaint, a prosecutor, upon request of the defendant, the defendant�s
legal counsel, or at the prosecutor�s own discretion, may approve the diversion
of a defendant to a mental health screening service or behavioral health
treatment service.� After the prosecutor has approved the diversion, the
prosecutor shall motion the court to postpone proceedings while the defendant
participates in mental health screening or treatment services. The court may
grant the postponement of proceedings and release the defendant on the
defendant�s own recognizance subject to compliance with any conditions
specified in the prosecutor�s diversion agreement.

���� b.��� Except as provided in
subsection c. of this section, the prosecutor shall have sole discretion in
determining whether a defendant is diverted from prosecution to participate in
mental health screening or treatment services after consideration of:

���� (1)�� the nature of the
eligible offense;

���� (2)�� the causative
relationship between the person�s diagnosed or apparent mental illness and the
commission of the offense;

���� (3)�� the amenability of the
defendant to participation in screening and treatment services;

���� (4)�� the availability of case
management and behavioral health treatment services;

���� (5)�� the input of any victim;

���� (6)�� the person�s criminal
history record;

���� (7)�� the public safety; and

���� (8)�� any other factor deemed
appropriate by the Attorney General or the prosecutor.

���� c.���� A defendant who is
charged with a crime or offense involving violence or was previously convicted
of a violent crime enumerated in subsection d. of section 2 of P.L.1997, c.117
(C.2C:43-7.2) shall not be diverted from prosecution pursuant to this section.

���� d.��� There shall be a
presumption against diversion, subject to the discretion of the prosecutor
after consulting with any victim, for a defendant charged with:

���� (1)�� a crime of the first or
second degree; or

���� (2)�� a crime or offense
involving domestic violence, as defined in subsection a. of section 3 of
P.L.1991, c.261 (C.2C:25-19) if the defendant committed the crime or offense
while subject to a temporary or permanent restraining order issued pursuant to
the provisions of the "Prevention of Domestic Violence Act of 1991,"
P.L.1991, c.261 (C.2C:25-17 et seq.).

���� e.���� The prosecutor shall
consult with each victim of a crime or offense prior to approving a defendant�s
diversion to behavioral health treatment services; however, nothing in this
section shall be construed to alter or limit the authority or discretion of the
prosecutor to divert a defendant into behavioral health treatment services if
the prosecutor believes that diversion is in the interest of the public and the
defendant.

���� f.���� The prosecutor�s
approval of a diversion to behavioral health treatment services shall not be
conditioned on an admission or plea of guilty by a defendant.

���� g.��� The court shall review
the status of the deferred prosecution for the crime or offense no later than
six months from the date on which the court approved the prosecutor�s initial
request for a postponement of the proceedings, and, thereafter, every six months
from the most recent review, to consider, based on information provided by the
prosecutor, whether the postponement of court proceedings as requested by the
prosecutor should continue.

���� h.��� The charges against the
defendant may be dismissed by the court upon motion of the prosecutor if, after
a minimum of six months from the date of diversion, the prosecutor is satisfied
that the defendant:

���� (1)�� has complied with the
terms and conditions of the diversion agreement;

���� (2)�� has not been the subject
of any subsequent criminal charges;� and

���� (3)�� based on clinical
reports, is no longer experiencing a mental health crisis.�

���� i.���� If, at any time, the
prosecutor finds that the defendant 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.� Alternatively, the
prosecutor may extend the term of the diversion agreement which may be
contingent on compliance with additional conditions.

���� j.���� A fee shall not be
assessed to a defendant to be eligible for, or to participate in, diversion as
provided in this section.

���� k.��� A defendant may be
diverted from criminal prosecution pursuant to this section one or more times
at the discretion of the prosecutor if the prosecutor finds that the diversion
will promote the defendant�s mental health, prevent the commission of future offenses,
and protect the safety of the public.� Nothing in this act shall preclude a
defendant from applying for admission to a criminal justice diversion program,
including a program of supervisory treatment pursuant to N.J.S.2C:43-12,
conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal
pursuant to section 1 of P.L.2013, c.158 (C.2C:43-13.1), as an alternative to a
diversion authorized pursuant to this section to the extent that the defendant
meets the eligibility criteria and qualifies for the program.� The dismissal of
a criminal complaint resulting from successful diversion into behavioral health
treatment services pursuant to this section shall bar a defendant�s subsequent
eligibility for a program of supervisory treatment pursuant to N.J.S.2C:43-12,
conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal
pursuant to section 1 of P.L.2013, c.158 (C.2C:43-13.1); however, the defendant
may seek subsequent diversion to behavioral health treatment pursuant to this section
services at the sole discretion of the prosecutor.

���� l.���� The dismissal of
charges based on a defendant�s successful participation in behavioral health
treatment services pursuant to this section shall not be deemed:

���� (1)�� a conviction for
purposes of disqualifications or disabilities, if any, imposed by law upon
conviction of a petty disorderly persons offense, disorderly persons offense,
or a crime, but shall be reported to the State Bureau of Identification
criminal history record information files for purposes of determining future
eligibility or exclusion from other diversion programs; or

���� (2)�� a conviction for the
purpose of determining whether a second or subsequent offense has occurred
under any law of this State.

���� 6.��� (New section)��� Nothing
in section 5 of P.L.���� c.���� (C.���� ) (pending before the Legislature as
this bill) 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 experiencing a mental
health crisis.

���� 7.��� (New section)��� a.�� The
Department of Health shall develop and implement any pilot program necessary to
improve response times when a law enforcement officer requests assistance in
intervening with a person experiencing a mental health crisis.�

���� b.��� To stabilize a defendant
who is experiencing a mental health crisis and assist prosecutors in
determining whether a defendant should be diverted from prosecution into
behavioral health treatment services due to a mental health crisis, the
department also shall develop and implement any pilot program necessary to
expand the availability of mental health screening services in emergent
situations by using mobile response units and telemedicine, and assigning
licensed health care professionals to high-volume courts and county jails.�

���� 8.��� Section 5 of P.L.1987,
c.116 (C.30:4-27.5) is amended to read as follows:

���� 5.��� The commissioner shall
adopt rules and regulations pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.) regarding a screening service
and its staff that effectuate the following purposes and procedures:

���� a.���� A screening service
shall serve as the facility in the public mental health care treatment system
wherein a person believed to be in need of involuntary commitment to outpatient
treatment, a short-term care facility, psychiatric facility or special psychiatric
hospital undergoes an assessment to determine what mental health services are
appropriate for the person and where those services may be most appropriately
provided in the least restrictive environment.

���� The screening service may
provide emergency and consensual treatment to the person receiving the
assessment and may transport the person or detain the person up to 24 hours for
the purposes of providing the treatment and conducting the assessment.

���� b.��� When a person assessed
by a mental health screener and involuntary commitment to treatment seems
necessary, the screener shall provide, on a screening document prescribed by
the division, information regarding the person�s history and available
alternative facilities and services that are deemed inappropriate for the
person. When appropriate and available, and as permitted by law, the screener
shall make reasonable efforts to gather information from the person's family or
significant others for the purposes of preparing the screening document.� If a
psychiatrist, in consideration of this document and in conjunction with the
psychiatrist's own complete assessment, concludes that the person is in need of
commitment to treatment, the psychiatrist shall complete the screening
certificate.� The screening certificate shall be completed by a psychiatrist
except in those circumstances where the division's contract with the screening
service provides that another physician may complete the certificate.

���� Upon completion of the
screening certificate, screening service staff shall determine, in consultation
with the psychiatrist or another physician, as appropriate, the least
restrictive environment for the appropriate treatment to which the person shall
be assigned or admitted, taking into account the person's prior history of
hospitalization and treatment and the person's current mental health
condition.� Screening service staff shall designate:

���� (1)�� inpatient treatment for
the person if he is immediately or imminently dangerous or if outpatient
treatment is deemed inadequate to render the person unlikely to be dangerous to
self, others or property within the reasonably foreseeable future; and

���� (2)�� outpatient treatment for
the person when outpatient treatment is deemed sufficient to render the person
unlikely to be dangerous to self, others or property within the reasonably
foreseeable future.

���� If the screening service staff
determines that the person is in need of involuntary commitment to outpatient
treatment, the screening service staff shall consult with an outpatient
treatment provider to arrange, if possible, for an appropriate interim plan of
outpatient treatment in accordance with section 9 of P.L.2009, c.112
(C.30:4-27.8a).

���� If a person has been admitted
three times or has been an inpatient for 60 days at a short-term care facility
during the preceding 12 months, consideration shall be given to not placing the
person in a short-term care facility.

���� The person shall be admitted
to the appropriate facility or assigned to the appropriate outpatient treatment
provider, as appropriate for treatment, as soon as possible.� Screening service
staff are authorized to coordinate initiation of outpatient treatment or
transport the person or arrange for transportation of the person to the
appropriate facility.

���� c.���� If the mental health
screener determines that the person is not in need of assignment or commitment
to an outpatient treatment provider, or admission or commitment to a short-term
care facility, psychiatric facility, or special psychiatric hospital, the screener
shall
:
�

����
(1)
�� refer the person
to an appropriate community mental health or social services agency or
appropriate professional or inpatient care in a psychiatric unit of a general
hospital
; or

����
(2)�� if the person was
diverted to the screening service by a law enforcement officer, provide
referral through personal contact to the most appropriate, least restrictive
treatment setting indicated, and linkage and follow-up to maintain contact with
the person until the person is engaged with another behavior health service
licensed by the appropriate authority, where applicable, or the person is no
longer experiencing a mental health crisis
.

���� d.��� A mental health screener
shall make a screening outreach visit if the screener determines, based on
clinically relevant information provided by an individual with personal
knowledge of the person subject to screening, that the person may need
involuntary commitment to treatment and the person is unwilling or unable to
come to the screening service for an assessment.

���� e.���� If the mental health
screener pursuant to this assessment determines that there is reasonable cause
to believe that a person is in need of involuntary commitment to treatment, the
screener shall so certify the need on a form prepared by the division.

����
f.���� The commissioner may
adopt rules and regulations to implement the provisions of this section.

(cf: P.L.2009, c.112, s.5)

���� 9.��� This act shall take
effect on the first day of the seventh month following enactment.

STATEMENT

���� This bill requires uniformed
law enforcement officers assigned to patrol duty to complete a one day
in-service training program adopted by the Police Training Commission (PTC) in
the Department of Law and Public Safety to provide them with the skills and
knowledge necessary to recognize and respond to a person experiencing a mental
health crisis, and when appropriate, divert that person from the criminal
justice system. These law enforcement officers are required by the bill to
complete an in-service refresher course at least once every five years
thereafter.�

���� The bill also requires the PTC
to adopt the Crisis Intervention Team � New Jersey Center for Excellence
Program (CIT-NJ), the State�s county-based 40-hour training and certification
program modelled on the national Crisis Intervention Team Center of Excellence
Program (CIT).� CIT-NJ is designed to provide the skills, knowledge, and
support systems necessary to divert persons experiencing a mental health crisis
from the criminal justice system into behavioral health treatment services;
improve law enforcement response to persons experiencing a mental health
crisis; and protect the safety of first responders, the person in crisis, and
the public.� The program is to require a certain percentage of law enforcement
officers, with a goal of 20 percent, to receive this training based on the size
and responsibilities of the law enforcement agency and the particular
characteristics of the community.�

���� Under the bill, the PTC is to
consult with the Division of Mental Health and Addiction Services in the
Department of Health (DOH), to develop and maintain relevant curriculums for
the law enforcement training programs established by the bill. The curricula
are to be reviewed and approved every two years and modified as appropriate.
They are to include classroom instruction and interactive training to assure
realistic learning experiences.� At a minimum, each curriculum shall include
training on: (1) the cause and nature of mental illness; (2) how to identify
indicators of mental illness and appropriately respond in a variety of common
situations; (3) conflict resolution and de-escalation techniques for
potentially dangerous situations involving mentally ill persons; (4) use of
appropriate language when interacting with mentally ill persons; (5)
alternatives to lethal force when interacting with potentially dangerous
mentally ill; and (6) community and State resources available to serve mentally
ill persons and how they can be best utilized by law enforcement to benefit the
community.

���� The bill requires the DOH, in
conjunction with local government officials, to coordinate and facilitate a
Mental Health Services Coordinating Council in each county to identify mental
health screening, treatment, and case management resources within each county
available to support law enforcement diversion for persons experiencing a
mental health crisis. The councils are to include representatives of local law
enforcement agencies, correctional facilities, courts, treatment facilities,
county departments of social services, veterans� organizations, hospitals and
emergency rooms, and mental health advocacy groups.

���� If a person taken into custody
for a crime or offense exhibits behavior that appears related to a mental
health crisis, the law enforcement officer is authorized to, with due regard
for the safety of the person, a victim, the public, and the officer, divert the
person to a screening service or other alternative for mental health screening
and assessment identified by the DOH.� The screening service is responsible for
providing referrals through personal contact to the most appropriate, least
restrictive treatment setting indicated, linkage and follow-up to maintain
contact with the person until the person is engaged with another behavior
health service or the person is no longer experiencing a mental health crisis.

���� The officer has discretion in
determining whether a criminal complaint should be filed against the person who
received the evaluation.� There is to be a preference to delay or forego the
filing of a criminal complaint until the person has had the opportunity to
receive behavioral health treatment services, unless the crime or offense
involved violence or the officer perceives a risk to a victim or the public.�
The officer subsequently may file a criminal complaint against a diverted
person if the person fails to cooperate with the screening service or treatment
provider, or commits another crime or offense.

���� The bill also authorizes the
county prosecutors to approve diversion of a defendant any time after the
filing, but before disposition, of the complaint to a mental health screening
service or behavioral health treatment service. Court proceedings are to be
postponed pending the defendant�s treatment.� Defendants charged with a crime
involving violence are not eligible for diversion and there is a presumption
against diversion for defendants charged with certain serious crimes.� The
court is to review the defendant�s case every six months.� Charges may be
dismissed if certain conditions are met by the defendant and charges may be
reinstated if any conditions are not met.

���� The DOH also is required by
the bill to develop and implement any pilot program needed to improve response
times when a law enforcement officer requests assistance in intervening with a
person experiencing a mental health crisis and to expand availability of mental
health screening services in emergent situations.