Concerns eligibility, procedures, and post-program relief for certain drug or alcohol dependent persons sentenced to special probation, or regular probation which as a condition of such requires substance use disorders treatment.

A1786

ASSEMBLY, No. 1786

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Concerns eligibility, procedures, and post-program
relief for certain drug or alcohol dependent persons sentenced to special
probation, or regular probation which as a condition of such requires substance
use disorders treatment.

CURRENT VERSION OF TEXT

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

��

An Act

concerning eligibility, procedures, and post-program relief for certain drug or
alcohol dependent persons sentenced to special probation under N.J.S.2C:35-14
or section 2 of P.L.2012, c.23 (C.2C:35-14.2), or probation under N.J.S.2C:45-1
which as a condition of probation requires substance use disorders treatment,
and amending N.J.S.2C:35-14.

����
Be It Enacted

by the Senate and General Assembly of the State of New Jersey:

���� 1.��� N.J.S.2C:35-14 is
amended to read as follows:

���� 2C:35-14.�� Rehabilitation
Program for Drug and Alcohol Dependent Persons Subject to a Presumption of
Incarceration or a Mandatory Minimum Period of Parole Ineligibility; Criteria
for Imposing Special Probation; Ineligible Offenders; Commitment to Residential
Treatment Facilities or Participation in a Nonresidential Treatment Program
[
; Presumption
of Revocation; Brief Incarceration in Lieu of Permanent Revocation
]
.

���� a.���� Any person who is
ineligible for probation due to a conviction for a crime which is subject to a
presumption of incarceration or a mandatory minimum period of parole
ineligibility may be sentenced to a term of special probation in accordance
with this section, and may not apply for drug and alcohol treatment pursuant to
N.J.S.2C:45-1.� Nothing in this section shall be construed to prohibit a person
who is eligible for probation in accordance with N.J.S.2C:45-1 due to a
conviction for an offense which is not subject to a presumption of
incarceration or a mandatory minimum period of parole ineligibility from
applying for drug or alcohol treatment as a condition of probation pursuant to
N.J.S.2C:45-1; provided, however, that a person in need of treatment as defined
in subsection f. of section 2 of P.L.2012, c.23 (C.2C:35-14.2) shall be
sentenced in accordance with that section.� Notwithstanding the presumption of
incarceration pursuant to the provisions of subsection d. of N.J.S.2C:44-1,
whenever a drug or alcohol dependent person who is subject to sentencing under
this section is convicted of or adjudicated delinquent for an offense, other
than one described in subsection b. of this section, the court, upon notice to
the prosecutor, may, on motion of the person, or on the court's own motion,
place the person on special probation, which shall be for a term of
up to

five years, provided that the court finds on the record that:

���� (1)�� the person has undergone
a professional diagnostic assessment to determine whether and to what extent
the person is drug or alcohol dependent and would benefit from treatment; and

���� (2)�� the person is a drug or
alcohol dependent person within the meaning of N.J.S.2C:35-2 and was drug or
alcohol dependent at the

time of the commission of the
present offense; and

���� (3)�� the present offense was
committed while the person was under the influence of a controlled dangerous
substance, controlled substance analog or alcohol or was committed to acquire
property or monies in order to support the person's drug or alcohol dependency;
and

���� (4)�� substance use disorders
treatment and monitoring will serve to benefit the person by addressing the
person's drug or alcohol dependency and will thereby reduce the likelihood that
the person will thereafter commit another offense; and

���� (5)�� the person did not
possess a firearm at the time of the present offense and did not possess a
firearm at the time of any pending criminal charge; and

���� (6)��
[
the person has
not been previously convicted on two or more separate occasions of crimes of
the first or second degree, other than those listed in paragraph (7); or the
person has not been previously convicted on two or more separate occasions,
where one of the offenses is a crime of the third degree, other than crimes
defined in N.J.S.2C:35-10, and one of the offenses is a crime of the first or
second degree; and
]

(Deleted by amendment, P.L. , c. ) (pending before the Legislature as this
bill)

���� (7)�� the person has not been
previously convicted or adjudicated delinquent for, and does not have a pending
charge of murder, aggravated manslaughter, manslaughter, kidnapping,
[
aggravated
assault,
]

aggravated sexual assault or sexual assault, or a similar crime under the laws
of any other state or the United States; and

���� (8)�� a suitable treatment
facility licensed and approved by the Division of Mental Health and Addiction
Services in the Department of Human Services is able and has agreed to provide
appropriate treatment services in accordance with the requirements of this section;
and

���� (9)�� no danger to the
community will result from the person being placed on special probation
pursuant to this section.

���� In determining whether to
sentence the person pursuant to this section, the court shall consider all
relevant circumstances, and shall take judicial notice of any evidence,
testimony or information adduced at the trial, plea hearing or other court
proceedings, and shall also consider the presentence report and the results of
the professional diagnostic assessment to determine whether and to what extent
the person is drug or alcohol dependent and would benefit from treatment.� The
court shall give priority to a person who has moved to be sentenced to special
probation over a person who is being considered for a sentence to special
probation on the court's own motion or in accordance with the provisions of
section 2 of P.L.2012, c.23 (C.2C:35-14.2).

���� As a condition of special
probation, the court shall order the person to enter a residential treatment
program at a facility licensed and approved by the Division of Mental Health
and Addiction Services in the Department of Human Services or a program of
nonresidential treatment by a licensed and approved treatment provider, which
program may include the use of medication-assisted treatment as defined in
paragraph (7) of subsection f. of this section, to comply with program rules
and the requirements of the course of treatment, to cooperate fully with the
treatment provider, and to comply with such other reasonable terms and
conditions as may be required by the court or by law, pursuant to
N.J.S.2C:45-1, and which shall include periodic urine testing for drug or
alcohol usage throughout the period of special probation.� In determining
whether to order the person to participate in a
residential or

nonresidential
[
rather
than a

residential
]
treatment
program, the court shall
[
follow
the procedure set forth in subsection j. of this section
]
�
consider
the recommendations from a diagnostic assessment, including the level of care
that is clinically appropriate and adequate to address the person�s treatment
needs
.�
[
Subject
to the requirements of subsection d. of this section, the
]

The

conditions of special probation may include different methods and levels of
community-based or residential supervision.

���� b.��� A person shall not be
eligible for special probation pursuant to this section if the person is
convicted of or adjudicated delinquent for:

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

���� (2)�� a crime of the first or
second degree enumerated in subsection d. of section 2 of P.L.1997, c.117
(C.2C:43-7.2), other than a crime of the second degree involving N.J.S.2C:15-1
(robbery) or N.J.S.2C:18-2 (burglary);

���� (3)�� a crime, other than that
defined in section 1 of P.L.1987, c.101 (C.2C:35-7)
or section 1 of
P.L.2009, c.333 (C.2C:40-26)
, for which a mandatory minimum period of
incarceration is prescribed under chapter 35 of this Title or any other law; or

���� (4)�� an offense that involved
the distribution or the conspiracy or attempt to distribute a controlled
dangerous substance or controlled substance analog to a juvenile near or on
school property.

���� c.���� (Deleted by amendment,
P.L.2012, c.23)

���� d.���
[
Except as
otherwise provided in subsection j. of this section, a person convicted of or
adjudicated delinquent for a crime of the second degree or of a violation of
section 1 of P.L.1987, c.101 (C.2C:35-7), or who previously has been convicted
of or adjudicated delinquent for an offense under subsection a. of
N.J.S.2C:35-5 or a similar offense under any other law of this State, any other
state or the United States, who is placed on special probation under this
section shall be committed to the custody of a residential substance use
disorders treatment facility licensed and approved by the Division of Mental
Health and Addiction Services in the Department of Human Services.� Subject to
the authority of the court to temporarily suspend imposition of all or any
portion of the term of commitment to a residential treatment facility pursuant
to subsection j. of this section, the person shall be committed to the
residential treatment facility immediately, unless the facility cannot
accommodate the person, in which case the person shall be incarcerated to await
commitment to the residential treatment facility.� The term of such commitment
shall be for a minimum of six months, or until the court, upon recommendation
of the treatment provider, determines that the person has successfully
completed the residential treatment program, whichever is later, except that no
person shall remain in the custody of a residential treatment facility pursuant
to this section for a period in excess of five years.� Upon successful completion
of the required residential treatment program, the person shall complete the
period of special probation, as authorized by subsection a. of this section,
with credit for time served for any imprisonment served as a condition of
probation and credit for each day during which the person satisfactorily
complied with the terms and conditions of special probation while committed
pursuant to this section to a residential treatment facility.� Except as
otherwise provided in subsection l. of this section, the person shall not be
eligible for early discharge of special probation pursuant to N.J.S.2C:45-2, or
any other provision of the law.� The court, in determining the number of
credits for time spent in residential treatment, shall consider the
recommendations of the treatment provider.� A person placed into a residential
treatment facility pursuant to this section shall be deemed to be subject to
official detention for the purposes of N.J.S.2C:29-5 (escape).
]

(Deleted
by amendment, P.L.��� , c.���� ) (pending before the Legislature as this bill)

���� e.���� The probation
department or other appropriate agency designated by the court to monitor or
supervise the person's special probation shall report periodically to the court
as to the person's progress in treatment and compliance with court-imposed
terms and conditions.� The treatment provider shall promptly report to the
probation department or other appropriate agency all significant failures by
the person to comply with any court imposed term or condition of special
probation or any requirements of the course of treatment, including but not
limited to a positive drug or alcohol test, which shall only constitute a
violation for a person using medication-assisted treatment as defined in
paragraph (7) of subsection f. of this section if the positive test is unrelated
to the person's medication-assisted treatment, or the unexcused failure to
attend any session or activity, and shall immediately report any act that would
constitute an escape.� The probation department or other appropriate agency
shall immediately notify the court and the prosecutor in the event that the
person refuses to submit to a periodic drug or alcohol test or for any reason
terminates the person's participation in the course of treatment, or commits
any act that would constitute an escape.

���� f.���� (1)���� Upon a
[
first
]
violation of
any term or condition of the special probation authorized by this section or of
any requirements of the course of treatment, the court in its discretion may
permanently revoke the person's special probation.

���� (2)��
[
Upon a second
or subsequent violation of any term or condition of the special probation
authorized by this section or of any requirements of the course of treatment,
the court shall, subject only to the provisions of subsection g. of this
section, permanently revoke the person's special probation unless the court
finds on the record that there is a substantial likelihood that the person will
successfully complete the treatment program if permitted to continue on special
probation, and the court is clearly convinced, considering the nature and
seriousness of the violations, that no danger to the community will result from
permitting the person to continue on special probation pursuant to this
section.� The court's determination to permit the person to continue on special
probation following a second or subsequent violation pursuant to this paragraph
may be appealed by the prosecution.
]

(Deleted by amendment, P.L.��� , c.���� ) (pending before the Legislature as
this bill)

���� (3)�� In making its
determination whether to revoke special probation,
[
and whether to overcome the
presumption of revocation established in paragraph (2) of this subsection,
]
the court
shall consider the nature and seriousness of the present infraction and any
past infractions in relation to the person's overall progress in the course of
treatment, and shall also consider the recommendations of the treatment
provider.�
[
The
court shall give added weight to the treatment provider's recommendation that
the person's special probation be permanently revoked, or to the treatment
provider's opinion that the person is not amenable to treatment or is not
likely to complete the treatment program successfully.
]

���� (4)�� If the court permanently
revokes the person's special probation pursuant to this subsection, the court shall
impose any sentence that might have been imposed, or that would have been
required to be imposed, originally for the offense for which the person was
convicted or adjudicated delinquent.� The court shall conduct a de novo review
of any aggravating and mitigating factors present at the time of both original
sentencing and resentencing
, and determine , among other things,

whether
the violation negates any of the mitigating factors originally found,
consistent with a hearing pursuant to N.J.S.2C:45-3
.� If the court
determines
[
or
is required pursuant to any other provision of this chapter or any other law
]
to impose a
term of imprisonment, the person shall receive credit for any time served in
custody pursuant to N.J.S.2C:45-1 or while awaiting placement in a treatment
facility pursuant to this section, and
, regardless of whether the person was
sentenced to special probation under this section or section 2 of P.L.2012,
c.23 (C.2C:35-14.2), or probation under N.J.S.2C:45-1,
for each day during
which the person satisfactorily complied with the terms and conditions of
special probation
, or probation, as the case may be,
while committed
[
pursuant to
this section
]

to a residential treatment facility
or a halfway house, so long as that
halfway house meets the statutory criteria of a residential treatment facility
as defined in N.J.S.2C:35-2.
� The court, in determining the number of
credits for time spent in a residential treatment facility
or a halfway
house
, shall consider the recommendations of the treatment provider.

���� (5)
�
Following a violation, if the
court permits the person to continue on special probation pursuant to this
section, the court shall order the person to comply with such additional terms
and conditions, including but not limited to more frequent drug or alcohol
testing, as are necessary to deter and promptly detect any further violation.

���� (6)��
[
Notwithstanding
any other provision of this subsection, if the person at any time refuses to
undergo urine testing for drug or alcohol usage as provided in subsection a. of
this section, the court shall, subject only to the provisions of subsection g.
of this section, permanently revoke the person's special probation.�
Notwithstanding any other provision of this section, if the person at any time
while committed to the custody of a residential treatment facility pursuant to
this section commits an act that would constitute an escape, the court shall
forthwith permanently revoke the person's special probation.
]
(Deleted
by amendment, P.L.��� , c.���� ) (pending before the Legislature as this bill)

���� (7)�� An action for a
violation under this section may be brought by a probation officer or
prosecutor or on the court's own motion.� Failure to complete successfully the
required treatment program shall constitute a violation of the person's special
probation. In the case of the temporary or continued management of a person's
drug or alcohol dependency by means of medication-assisted treatment as defined
herein, whenever supported by a report from the treatment provider of existing
satisfactory progress and reasonably predictable long-term success with or
without further medication-assisted treatment, the person's use of the
medication-assisted treatment, even if continuing, shall not be the basis to
constitute a failure to complete successfully the treatment program.�
[
A person who
fails to comply with the terms of the person's special probation pursuant to
this section and is thereafter sentenced to imprisonment in accordance with
this subsection shall thereafter be ineligible for entry into the Intensive
Supervision Program, provided however that this provision shall not affect the
person's eligibility for entry into the Intensive Supervision Program for a
subsequent conviction.
]

���� As used in this section, the
term "medication-assisted treatment" means the use of any medications
approved by the federal Food and Drug Administration to treat substance use
disorders, including extended-release naltrexone, methadone, and buprenorphine,
in combination with counseling and behavioral therapies, to provide a
whole-patient approach to the treatment of substance use disorders.

���� g.���
[
When a person
on special probation is subject to a presumption of revocation on a second or
subsequent violation pursuant to paragraph (2) of subsection f. of this
section, or when the person refuses to undergo drug or alcohol testing pursuant
to paragraph (6) of subsection f. of this section, the court may, in lieu of
permanently revoking the person's special probation, impose a term of
incarceration for a period of not less than 30 days nor more than six months,
after which the person's term of special probation pursuant to this section may
be reinstated.� In determining whether to order a period of incarceration in
lieu of permanent revocation pursuant to this subsection, the court shall
consider the recommendations of the treatment provider with respect to the
likelihood that such confinement would serve to motivate the person to make
satisfactory progress in treatment once special probation is reinstated.� This
disposition may occur only once with respect to any person unless the court is
clearly convinced that there are compelling and extraordinary reasons to
justify reimposing this disposition with respect to the person.� Any such
determination by the court to reimpose this disposition may be appealed by the
prosecution.� Nothing in this subsection shall be construed to limit the
authority of the court at any time during the period of special probation to
order a person on special probation who is not subject to a presumption of
revocation pursuant to paragraph (2) of subsection f. of this section to be
incarcerated over the course of a weekend, or for any other reasonable period
of time, when the court in its discretion determines that such incarceration
would help to motivate the person to make satisfactory progress in treatment.
]

(Deleted
by amendment, P.L.��� , c.���� ) (pending before the Legislature as this bill)

���� h.
�� [
The court, as a condition of
its order, and after considering the person's financial resources, shall
require the person to pay that portion of the costs associated with the
person's participation in any residential or nonresidential treatment program
imposed pursuant to this section which, in the opinion of the court, is
consistent with the person's ability to pay, taking into account the court's
authority to order payment or reimbursement to be made over time and in
installments.
]

(Deleted by amendment, P.L.��� , c.���� ) (pending before the Legislature as
this bill)

���� i.����
[
The
]

As a
condition of the special probation, whether sentenced under this section or
section 2 of P.L.2012, c.23 (C.2C:35-14.2), or probation sentenced under
N.J.S.2C:45-1 which as a condition of probation requires substance use
disorders treatment, the
court shall impose
[
, as a condition of the special
probation,
]

any fine, penalty, fee or restitution applicable to the offense for which the
person was convicted or adjudicated delinquent.�
However, notwithstanding
any other provision of law to the contrary, upon successful discharge from the
term of special probation, or probation, as the case may be, the court may
waive or reduce the Drug Enforcement and Demand Reduction penalty imposed
pursuant to N.J.S.2C:35-15.

���� j.����
[
Where the
court finds that a person has satisfied all of the eligibility criteria for
special probation and would otherwise be required to be committed to the
custody of a residential substance use disorders treatment facility pursuant to
the provisions of subsection d. of this section, the court may temporarily
suspend imposition of all or any portion of the term of commitment to a
residential treatment facility and may instead order the person to enter a
nonresidential treatment program, provided that the court finds on the record
that:

���� (1)�� the person conducting
the diagnostic assessment required pursuant to paragraph (1) of subsection a.
of this section has recommended in writing that the proposed course of
nonresidential treatment services is clinically appropriate and adequate to
address the person's treatment needs; and

���� (2)�� no danger to the
community would result from the person participating in the proposed course of
nonresidential treatment services; and

���� (3)�� a suitable treatment
provider is able and has agreed to provide clinically appropriate
nonresidential treatment services.

���� If the prosecutor objects to
the court's decision to suspend the commitment of the person to a residential
treatment facility pursuant to this subsection, the sentence of special
probation imposed pursuant to this section shall not become final for ten days
in order to permit the appeal by the prosecution of the court's decision.

���� After a period of six months
of nonresidential treatment, if the court, considering all available
information including but not limited to the recommendation of the treatment
provider, finds that the person has made satisfactory progress in treatment and
that there is a substantial likelihood that the person will successfully
complete the nonresidential treatment program and period of special probation,
the court, on notice to the prosecutor, may permanently suspend the commitment
of the person to the custody of a residential treatment program, in which event
the special monitoring provisions set forth in subsection k. of this section
shall no longer apply.

���� Nothing in this subsection
shall be construed to limit the authority of the court at any time during the
term of special probation to order the person to be committed to a residential
or nonresidential treatment facility if the court determines that such
treatment is clinically appropriate and necessary to address the person's
present treatment needs.
]

(Deleted by amendment, P.L. , c. (pending
before the Legislature as this bill)

���� k.���
[
(1)� When the
court temporarily suspends the commitment of the person to a residential
treatment facility pursuant to subsection j. of this section, the court shall,
in addition to ordering participation in a prescribed course of nonresidential
treatment and any other appropriate terms or conditions authorized or required
by law, order the person to undergo urine testing for drug or alcohol use not
less than once per week unless otherwise ordered by the court.� The
court-ordered testing shall be conducted by the probation department or the
treatment provider.� The results of all tests shall be reported promptly to the
court and to the prosecutor.� If the person is involved with a program that is
providing the person medication-assisted treatment as defined in paragraph (7)
of subsection f. of this section, only a positive urine test for drug or
alcohol use unrelated to the medication-assisted treatment shall constitute a
violation of the terms and conditions of special probation.� In addition, the
court shall impose appropriate curfews or other restrictions on the person's
movements, and may order the person to wear electronic monitoring devices to
enforce such curfews or other restrictions as a condition of special probation.

���� (2)�� The probation department
or other appropriate agency shall immediately notify the court and the
prosecutor in the event that the person fails or refuses to submit to a drug or
alcohol test, knowingly defrauds the administration of a drug test, terminates
the person's participation in the course of treatment, or commits any act that
would constitute absconding from parole.� If the person at any time while
entered in a nonresidential treatment program pursuant to subsection j. of this
section knowingly defrauds the administration of a drug test, goes into hiding,
or leaves the State with a purpose of avoiding supervision, the court shall
permanently revoke the person's special probation.
]

(Deleted by amendment,
P.L.��� , c.���� ) (pending before the Legislature as this bill)

���� l.� If the court finds that
the person has made exemplary progress in the course of treatment, the court
may, upon recommendation of the person's supervising probation officer or on
the court's own motion, and upon notice to the prosecutor, grant early discharge
from a term of special probation provided that the person:

���� (1)�
[
has
satisfactorily completed the treatment program ordered by the court;
]

(Deleted
by amendment, P.L.��� , c.���� ) (pending before the Legislature as this bill)

���� (2)��
[
has served at
least two years of special probation;
]

(Deleted by amendment, P.L.��� , c.���� ) (pending before the Legislature as
this bill)

���� (3)��
[
within the
preceding 12 months, did not commit a substantial violation of any term or
condition of special probation, including but not limited to a positive urine
test, which shall only constitute a violation for a person using
medication-assisted treatment as defined in paragraph (7)

of subsection
f. of this section if the positive test is unrelated to the person's
medication-assisted treatment; and
]
�

(Deleted by amendment, P.L.��� , c.���� ) (pending before the Legislature as
this bill)

���� (4)�� is not likely to relapse
or commit an offense if probation supervision and related services are
discontinued.

���� m.� (1)� The Superior Court
may order the expungement of all records and information relating to all prior
arrests, detentions, convictions, and proceedings for any offense enumerated in
Title 2C of the New Jersey Statutes
and for any violation of a municipal
ordinance
upon successful discharge from a term of special probation as
provided in this section
[
,
regardless of whether the person was sentenced to special probation under this
section,
]

or
section 2 of P.L.2012, c.23 (C.2C:35-14.2), or
probation under

N.J.S.2C:45-1
which as a condition of probation requires substance use
disorders treatment
, if the person satisfactorily completed a substance
abuse treatment program as ordered by the court
[
and was not convicted of any
crime, or adjudged a disorderly person or petty disorderly person, during the
term of special probation
]
.
The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an
expungement pursuant to this paragraph and no fee shall be charged to a person
eligible for relief pursuant to this paragraph.�
The court may also vacate
any fine, fee, penalty, surcharge, or other court-ordered financial assessment
imposed by a court as part of the person�s sentence, other than restitution to
a victim, which, at the time of granting the expungement, remains subject to
collection under the comprehensive enforcement program established pursuant to
P.L.1995, c.9 (C.2B:19-1 et al.).
� The court shall grant the relief
requested unless it finds that the need for the availability of the records
outweighs the desirability of having the person freed from any disabilities
associated with their availability, or it finds that the person is otherwise
ineligible for expungement pursuant to paragraph (2) of this subsection.� An
expungement under this paragraph shall proceed in accordance with rules and
procedures developed by the Supreme Court.�

���� (2)�� A person shall not be
eligible for expungement under paragraph (1) of this subsection if the records
include a conviction for any offense barred from expungement pursuant to
subsection b. or c. of N.J.S.2C:52-2. �It shall be the obligation of the
prosecutor to notify the court of any disqualifying convictions or any other
factors related to public safety that should be considered by the court when
deciding to grant an expungement under paragraph (1) of this subsection.
Any
such notification to the court shall take place within the 60-day period set
forth in section 11 of P.L.2019, c.269 (C.2C:52-10.1).

���� (3)�� The Superior Court shall
provide a copy of the expungement order granted pursuant to paragraph (1) of
this subsection to the prosecutor and to the person and, if the person was
represented by the Public Defender, to the Public Defender. The person or, if
the person was represented by the Public Defender, the Public Defender on
behalf of the person, shall promptly distribute copies of the expungement order
to appropriate agencies who have custody and control of the records specified
in the order
, or request that the court electronically transmit the order to
the appropriate agencies pursuant to subsection c. of section 11 of P.L.2019,
c.269

(C.2C:52-10.1),
so that the agencies may comply with the requirements of
N.J.S.2C:52-15.

���� (4)�� If the person whose
records are expunged pursuant to paragraph (1) of this subsection is convicted
of any crime following discharge from special probation,
or probation, as
the case may be,
the full record of arrests and convictions may be restored
to public access and no future expungement
pursuant to this section

shall be granted to such person.

���� (5)�� A person who, prior to
the effective date of P.L.2015, c.261, was successfully discharged from a term
of special probation as provided in this section
[
, regardless of whether the
person was sentenced to special probation under this section,
]

or

section 2 of P.L.2012, c.23 (C.2C:35-14.2), or
probation under

N.J.S.2C:45-1
which as a condition of probation requires substance use
disorders treatment
, may seek an expungement of all records and information
relating to all arrests, detentions, convictions, and proceedings for any
offense enumerated in Title 2C of the New Jersey Statutes�
and for any
violation of a municipal ordinance
that existed at the time of discharge
[
from special
probation
]

by presenting an application to the Superior Court in the county in which the
person was sentenced to special probation
, or probation, as the case may be

[
,
which contains a duly verified petition as provided in N.J.S.2C:52-7 for each
crime or offense sought to be expunged.� The petition for expungement shall
proceed pursuant to N.J.S.2C:52-1 et seq. except that the requirements related
to the expiration of the time periods specified in N.J.S.2C:52-2 through
section 1 of P.L.1980, c.163 (C.2C:52-4.1) shall not apply
]

. The
provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an
expungement pursuant to this paragraph and no fee shall be charged to a person
eligible for relief pursuant to this paragraph
.� A person who was convicted
of any offense barred from expungement pursuant to subsection b. or c. of
N.J.S.2C:52-2, or who has been convicted

of any crime or offense since the date of discharge from special
probation
or probation, as the case may be,
shall not be eligible to
apply for an expungement under this paragraph.� In addition, no application for
expungement shall be considered until any pending charges are disposed.� It
shall be the obligation of the prosecutor to notify the court of any
disqualifying convictions or any other factors related to public safety that
should be considered by the court when deciding to grant an expungement under
this paragraph.�
Any such notification to the court shall take place within
the 60-day period set forth in section 11 of P.L.2019, c.269 (C.2C:52-10.1).

���� The Superior Court shall
consider the person's
[
verified
petition
]

application
and may order the expungement of all records and information
relating to all arrests, detentions, convictions, and proceedings of the person
that existed at the time of discharge
[
from
special probation as appropriate
]
.�

The court may also vacate any fine, fee, penalty, surcharge, or other
court-ordered financial assessment imposed by a court as part of the person�s
sentence, other than restitution to a victim, which, at the time of granting
the expungement, remains subject to collection under the comprehensive
enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.).
�
The court shall grant the relief requested unless it finds that the need for
the availability of the records outweighs the desirability of having the person
freed from any disabilities associated with their availability, or it finds
that the person is otherwise ineligible for expungement pursuant to this
paragraph.
[
No
fee shall be charged to a person eligible for relief pursuant to this
paragraph.
]
�

The Superior Court shall provide a copy of the expungement order granted
pursuant to this paragraph to the prosecutor and to the person.� The person
shall promptly distribute copies of the expungement order to appropriate
agencies who have custody and control of the records specified in the order, or
request that the court electronically transmit the order to the appropriate
agencies pursuant to subsection c. of section 11 of P.L.2019, c.269
(C.2C:52-10.1), so that the agencies may comply with the requirements of
N.J.S.2C:52-15.

(cf: P.L.2015, c.261, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

����
This bill would expand eligibility for special probation
drug court, alter or eliminate procedures to provide courts with more
flexibility in sentencing drug or alcohol dependent persons and determining
appropriate treatment options, and provide greater expungement relief for
clearing criminal and other records, and other post-program relief, for persons
successfully discharged from their probation sentence following treatment.

����� More specifically, the bill would do the following:

����� - provide that a sentence to special probation would
be for a term of �up to� five years, as opposed to the current law�s
requirement of a five-year term;

����� - eliminate ineligibility for special probation based
on having two or more previous convictions involving a combination of crimes of
the first, second, or third degrees, so there would be no cap based on past
convictions, other than if one of those past convictions was for (or there was
a pending charge for): murder, aggravated manslaughter, manslaughter,
kidnapping, aggravated sexual assault, or sexual assault

����� � one past conviction for aggravated assault would
also be eliminated as a disqualifier for special probation;

����� - indicate that, when determining a special probation
sentence involving either residential or nonresidential treatment, the court
would consider recommendations from a diagnostic assessment, including the
level of care that is clinically appropriate to address a person�s treatment
needs, rather than following a statutory list of criteria, which if satisfied,
automatically required a commitment to a residential facility, with an
exception to temporarily suspend, and possibly later on permanently suspend, such
commitment while instead ordering nonresidential treatment (detailed in
N.J.S.2C:35-14, subsections d., j., and k., all of which are deleted in their
entirety);

����� - provide that a person would be eligible for special
probation, notwithstanding that the person was convicted of the crime of
operating a motor vehicle during a period of license suspension, which carries
a mandatory minimum term of incarceration and currently renders the person
ineligible, when: (1) the suspension period was the result of a DUI violation
or refusing to take a breath test, R.S.39:4-50 or section 2 of P.L.1981, c.512
(C.39:4-50.4a), and the person was previously caught operating a vehicle during
the same period of suspension; or (2) the suspension period was the result of a
second DUI-related violation, regardless of whether previously caught operating
a vehicle during the same period of suspension;

����� - remove the automatic revoking of special probation
for escaping from the custody of a residential treatment facility; and remove
the statutory presumption, but not automatic, revoking of special probation for
a second or subsequent violation of any term or condition of special probation
or any requirements of the course of treatment, or for refusing to undergo
urine testing for drug or alcohol usage.� Instead, any first or subsequent
violation, of any kind whatsoever, would allow the court in its discretion to
revoke special probation;

����� - require a court, upon permanently revoking a
person�s special probation, to
conduct a de novo review of any
aggravating and mitigating factors present at the time of both original
sentencing and resentencing, and determine, among other things, whether the
violation negates any of the mitigating factors originally found, consistent
with a hearing pursuant to N.J.S.2C:45-3;

����� - if special probation is permanently revoked and the
court imposes a sentence, the sentenced person would receive credit for any
time served at a halfway house, similar to how the current law provides credit
for time served at a residential treatment facility, so long as the halfway
house meets the statutory definition of such a facility, meaning it is licensed
and approved by the Department of Human Services and is approved by a county
probation department for impatient treatment services;

����� - make a person eligible for subsequent entry into
the State�s Intensive Supervision Program, even though the person failed to
comply with the terms of special probation and such probation was permanently
revoked, resulting in the person being sentenced to a term of imprisonment;

����� - eliminate the provision that a treated person,
after consideration of the person�s financial resources, pay the portion of the
costs associated with the person�s special probation residential or
nonresidential treatment;

����� - permit a court, following successful discharge from
either special probation or regular probation requiring substance use disorders
treatment, to waive or reduce the Drug Enforcement and Demand Reduction penalty
imposed as part of a sentence pursuant to N.J.S.2C:35-15.� This penalty ranges
from $500 in the case of a disorderly or petty disorderly persons offense to
$3,000 in the case of a crime of the first degree;

����� - allow a court, if a person makes �exemplary
progress in the course of treatment� while on special probation, and with the
recommendation of the person�s probation officer or on the court�s own motion,
to grant early discharge, subject only to a finding, per current law, that the
person �is not likely to relapse or commit an offense if probation supervision
and related services are discontinued.�� The other existing statutory factors
for consideration for early discharge, including not committing a substantial
violation of any term or condition of special probation within the preceding 12
months, would be repealed;

����� -� at the time of granting an expungement, allow a
court to also vacate any fine, fee, penalty, surcharge, or other court-ordered
financial assessment imposed by a court as part of the person�s sentence, other
than restitution to a victim, which, at the time of granting the expungement,
remains subject to collection under the comprehensive enforcement program
established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.);

����� - simplify the application process for treated
persons requesting an expungement of their entire criminal records and other
related information as described above, for offenses committed prior to the
effective date of past special probation reforms pursuant to P.L.2015, c.261
that first introduced the special probation expungement process, by no longer
requiring these previously discharged persons to file a duly verified petition
for each offense for which expungement is sought, and other requirements of a
standard expungement application set forth in N.J.S.2C:52-1 et seq.;

����� - provide for a court to electronically notify all
appropriate law enforcement and criminal justice agencies who have custody and
control of records specified in an expungement order, upon request of a person
granted relief, or the Public Defender if representing that person, once the
electronic filing and notification system for expungement applications is
operational pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1);

����� -provide that, pursuant to
section 11 of P.L.2019, c.269

(C.2C:52-10.1), upon receipt from the court of a person�s application for
expungement, the Superintendent of State Police, the Attorney General, and the
county prosecutor have 60 days to review and confirm the information against
the person's criminal history record information files and to notify the court
of any inaccurate or incomplete data contained in the information files, or of
any other basis for ineligibility for expungement; and

���� -provide
that, in addition to authorizing the Superior Court to order the expungement of
all criminal records upon successful discharge from drug court, the court could
also order expungement of any records of violation of a municipal ordinance
under these circumstances.