Designates drug court program as the "special probation recovery court program" in statutes.

A1790

ASSEMBLY, No. 1790

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)

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

Co-Sponsored by:

Assemblywoman Park

SYNOPSIS

���� Designates drug court program as the "special
probation recovery court program" in statutes.

CURRENT VERSION OF TEXT

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

��

An Act
designating the drug court program as the �special
probation recovery court program� and amending various parts of the statutory
law.

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

���� 1.��� Section 2 of P.L.1974, c.49 (C.
2A:18-61.1)
is amended to read as follows:�

���� 2.��� No lessee or tenant or
the assigns, under-tenants or legal representatives of such lessee or tenant
may be removed by the Superior Court from any house, building, mobile home or
land in a mobile home park or tenement leased for residential purposes, other
than (1) owner-occupied premises with not more than two rental units or a
hotel, motel or other guest house or part thereof rented to a transient guest
or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a
member of the immediate family of the person or persons establishing the trust,
provided that the member of the immediate family on whose behalf the trust is
established permanently occupies the unit; and (3) a dwelling unit which is
permanently occupied by a member of the immediate family of the owner of that
unit, provided, however, that exception (2) or (3) shall apply only in cases in
which the member of the immediate family has a developmental disability, except
upon establishment of one of the following grounds as good cause:

���� a.���� The person fails to pay
rent due and owing under the lease whether the same be oral or written;
provided that, for the purposes of this section, any portion of rent unpaid by
a tenant to a landlord but utilized by the tenant to continue utility service to
the rental premises after receiving notice from an electric, gas, water or
sewer public utility that such service was in danger of discontinuance based on
nonpayment by the landlord, shall not be deemed to be unpaid rent.

���� b.��� The person has continued
to be, after written notice to cease, so disorderly as to destroy the peace and
quiet of the occupants or other tenants living in said house or neighborhood.

���� c.���� The person has
willfully or by reason of gross negligence caused or allowed destruction,
damage or injury to the premises.

���� d.��� The person has
continued, after written notice to cease, to substantially violate or breach
any of the landlord's rules and regulations governing said premises, provided
such rules and regulations are reasonable and have been accepted in writing by
the tenant or made a part of the lease at the beginning of the lease term.

���� e.���� (1) The person has
continued, after written notice to cease, to substantially violate or breach
any of the covenants or agreements contained in the lease for the premises
where a right of reentry is reserved to the landlord in the lease for a
violation of such covenant or agreement, provided that such covenant or
agreement is reasonable and was contained in the lease at the beginning of the
lease term.

���� (2)�� In public housing under
the control of a public housing authority or redevelopment agency, the person
has substantially violated or breached any of the covenants or agreements
contained in the lease for the premises pertaining to illegal uses of controlled
dangerous substances, or other illegal activities, whether or not a right of
reentry is reserved to the landlord in the lease for a violation of such
covenant or agreement, provided that such covenant or agreement conforms to
federal guidelines regarding such lease provisions and was contained in the
lease at the beginning of the lease term.

���� f.���� The person has failed
to pay rent after a valid notice to quit and notice of increase of said rent,
provided the increase in rent is not unconscionable and complies with any and
all other laws or municipal ordinances governing rent increases.

���� g.��� The landlord or owner
(1) seeks to permanently board up or demolish the premises because he has been
cited by local or State housing inspectors for substantial violations affecting
the health and safety of tenants and it is economically unfeasible for the
owner to eliminate the violations; (2) seeks to comply with local or State
housing inspectors who have cited him for substantial violations affecting the
health and safety of tenants and it is unfeasible to so comply without removing
the tenant; simultaneously with service of notice of eviction pursuant to this
clause, the landlord shall notify the Department of Community Affairs of the
intention to institute proceedings and shall provide the department with such
other information as it may require pursuant to rules and regulations.� The
department shall inform all parties and the court of its view with respect to
the feasibility of compliance without removal of the tenant and may in its
discretion appear and present evidence; (3) seeks to correct an illegal
occupancy because he has been cited by local or State housing inspectors or
zoning officers and it is unfeasible to correct such illegal occupancy without
removing the tenant; or (4) is a governmental agency which seeks to permanently
retire the premises from the rental market pursuant to a redevelopment or land
clearance plan in a blighted area. In those cases where the tenant is being
removed for any reason specified in this subsection, no warrant for possession
shall be issued until P.L.1967, c.79 (C.52:31B-1 et seq.) and P.L.1971, c.362

(C.20:4-1 et seq.) have been complied with.

���� h.��� The owner seeks to
retire permanently the residential building or the mobile home park from
residential use or use as a mobile home park, provided this subsection shall
not apply to circumstances covered under subsection g. of this section.

���� i.���� The landlord or owner
proposes, at the termination of a lease, reasonable changes of substance in the
terms and conditions of the lease, including specifically any change in the
term thereof, which the tenant, after written notice, refuses to accept; provided
that in cases where a tenant has received a notice of termination pursuant to
subsection g. of section 3 of P.L.1974, c.49

(C.2A:18-61.2), or has a protected tenancy status pursuant to the "Senior
Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226
(C.2A:18-61.22 et al.), or pursuant to the "Tenant Protection Act of
1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), the landlord or owner shall
have the burden of proving that any change in the terms and conditions of the
lease, rental or regulations both is reasonable and does not substantially
reduce the rights and privileges to which the tenant was entitled prior to the
conversion.

���� j.���� The person, after
written notice to cease, has habitually and without legal justification failed
to pay rent which is due and owing.

���� k.��� The landlord or owner of
the building or mobile home park is converting from the rental market to a
condominium, cooperative or fee simple ownership of two or more dwelling units
or park sites, except as hereinafter provided in subsection l. of this section.
Where the tenant is being removed pursuant to this subsection, no warrant for
possession shall be issued until this act has been complied with.� No action
for possession shall be brought pursuant to this subsection against a senior
citizen tenant or disabled tenant with protected tenancy status pursuant to the
"Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226
(C.2A:18-61.22 et al.), or against a qualified tenant under the "Tenant
Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), as long
as the agency has not terminated the protected tenancy status or the protected
tenancy period has not expired.

���� l. (1) The owner of a building
or mobile home park, which is constructed as or being converted to a
condominium, cooperative or fee simple ownership, seeks to evict a tenant or
sublessee whose initial tenancy began after the master deed, agreement establishing
the cooperative or subdivision plat was recorded, because the owner has
contracted to sell the unit to a buyer who seeks to personally occupy it and
the contract for sale calls for the unit to be vacant at the time of closing.�
However, no action shall be brought against a tenant under paragraph (1) of
this subsection unless the tenant was given a statement in accordance with
section 6 of P.L.1975, c.311 (C.2A:18-61.9);

���� (2)�� The owner of three or
less condominium or cooperative units seeks to evict a tenant whose initial
tenancy began by rental from an owner of three or less units after the master
deed or agreement establishing the cooperative was recorded, because the owner
seeks to personally occupy the unit, or has contracted to sell the unit to a
buyer who seeks to personally occupy it and the contract for sale calls for the
unit to be vacant at the time of closing;

���� (3)�� The owner of a building
of three residential units or less seeks to personally occupy a unit, or has
contracted to sell the residential unit to a buyer who wishes to personally
occupy it and the contract for sale calls for the unit to be vacant at the time
of closing.

���� m.�� The landlord or owner
conditioned the tenancy upon and in consideration for the tenant's employment
by the landlord or owner as superintendent, janitor or in some other capacity
and such employment is being terminated.

���� n.��� The person has been
convicted of or pleaded guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed by an adult would
constitute an offense under the "Comprehensive Drug Reform Act of
1987," N.J.S.2C:35-1 et al., involving the use, possession, manufacture,
dispensing or distribution of a controlled dangerous substance, controlled
dangerous substance analog or drug paraphernalia within the meaning of that act
within or upon the leased premises or the building or complex of buildings and
land appurtenant thereto, or the mobile home park, in which those premises are
located, and has not in connection with his sentence for that offense either
(1) successfully completed or (2) been admitted to and continued upon probation
while completing,
[
a
drug rehabilitation program
]

the special probation recovery court program
pursuant to

N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises,
knowingly harbors or harbored therein a person who has been so convicted or has
so pleaded, or otherwise permits or permitted such a person to occupy those
premises for residential purposes, whether continuously or intermittently,
except that this subsection shall not apply to a person harboring or permitting
a juvenile to occupy the premises if the juvenile has been adjudicated
delinquent upon the basis of an act which if committed by an adult would
constitute the offense of use or possession under the said act. No action for
removal may be brought pursuant to this subsection more than two years after
the date of the adjudication or conviction or more than two years after the
person's release from incarceration whichever is the later.

���� o.��� The person has been
convicted of or pleaded guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed by an adult would
constitute an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault,
or terroristic threats against the landlord, a member of the landlord's family
or an employee of the landlord; or, being the tenant or lessee of such leased
premises, knowingly harbors or harbored therein a person who has been so
convicted or has so pleaded, or otherwise permits or permitted such a person to
occupy those premises for residential purposes, whether continuously or
intermittently. No action for removal may be brought pursuant to this
subsection more than two years after the adjudication or conviction or more
than two years after the person's release from incarceration whichever is the
later.

���� p.��� The person has been
found, by a preponderance of the evidence, liable in a civil action for removal
commenced under this act for an offense under N.J.S.2C:20-1 et al. involving
theft of property located on the leased premises from the landlord, the leased
premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or
N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a
member of the landlord's family or an employee of the landlord, or under the
"Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al.,
involving the use, possession, manufacture, dispensing or distribution of a
controlled dangerous substance, controlled dangerous substance analog or drug
paraphernalia within the meaning of that act within or upon the leased premises
or the building or complex of buildings and land appurtenant thereto, or the
mobile home park, in which those premises are located, and has not in
connection with his sentence for that offense either (1) successfully completed
or (2) been admitted to and continued upon probation while completing
[
a drug
rehabilitation program
]

the special probation recovery court program
pursuant to N.J.S.2C:35-14;
or, being the tenant or lessee of such leased premises, knowingly harbors or
harbored therein a person who committed such an offense, or otherwise permits
or permitted such a person to occupy those premises for residential purposes,
whether continuously or intermittently, except that this subsection shall not
apply to a person who harbors or permits a juvenile to occupy the premises if
the juvenile has been adjudicated delinquent upon the basis of an act which if
committed by an adult would constitute the offense of use or possession under
the said "Comprehensive Drug Reform Act of 1987."

���� q.��� The person has been
convicted of or pleaded guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed by an adult would
constitute an offense under N.J.S.2C:20-1 et al. involving theft of property
from the landlord, the leased premises or other tenants residing in the same
building or complex; or, being the tenant or lessee of such leased premises,
knowingly harbors therein a person who has been so convicted or has so pleaded,
or otherwise permits such a person to occupy those premises for residential
purposes, whether continuously or intermittently.

���� r.���� The person is found in
a civil action, by a preponderance of the evidence, to have committed a
violation of the human trafficking provisions set forth in section 1 of
P.L.2005, c.77 (C.2C:13-8)� within or upon the leased premises or the building
or complex of buildings and land appurtenant thereto, or the mobile home park,
in which those premises are located; or, being the tenant or lessee of such
leased premises, knowingly harbors or harbored therein a person who has been
engaged in human trafficking, or otherwise permits or permitted such a person
to occupy those premises for residential purposes, whether continuously or
intermittently. No action for removal may be brought pursuant to this
subsection more than two years after the alleged violation has terminated.� A
criminal conviction or a guilty plea to a crime of human trafficking under
section 1 of P.L.2005, c.77 (C.2C:13-8) shall be considered prima facie
evidence of civil liability under this subsection.

���� For purposes of this section,
(1) "developmental disability" means any disability which is defined
as such pursuant to section 3 of P.L.1977, c.82 (C.30:6D-3); (2) "member
of the immediate family" means a person's spouse, parent, child or
sibling, or a spouse, parent, child or sibling of any of them; and (3)
"permanently" occupies or occupied means that the occupant maintains
no other domicile at which the occupant votes, pays rent or property taxes or
at which rent or property taxes are paid on the occupant's behalf.

(cf: P.L.2013, c.51, s.7)

���� 2.��� Section 8 of P.L.2014,
c.31 (C.2A:162-22) is amended to read as follows:�

���� 8.��� a.�� Concerning an
eligible defendant subject to pretrial detention as ordered by a court pursuant
to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) or an
eligible defendant who is detained in jail due to the inability to post the
monetary bail imposed by the court pursuant to subsection c. or d. of section 3
of P.L.2014, c.31 (C.2A:162-17):

���� (1)�� (a)�� The eligible
defendant shall not remain detained in jail for more than 90 days, not counting
excludable time for reasonable delays as set forth in subsection b. of this
section, prior to the return of an indictment.� If the eligible defendant is
not indicted within that period of time, the eligible defendant shall be
released from jail unless, on motion of the prosecutor, the court finds that a
substantial and unjustifiable risk to the safety of any other person or the
community or the obstruction of the criminal justice process would result from
the eligible defendant's release from custody, so that no appropriate
conditions for the eligible defendant's release could reasonably address that
risk, and also finds that the failure to indict the eligible defendant in
accordance with the time requirement set forth in this subparagraph was not due
to unreasonable delay by the prosecutor.� If the court finds that a substantial
and unjustifiable risk to the safety of any other person or the community or
the obstruction of the criminal justice process would result, and also finds
that the failure to indict the eligible defendant in accordance with the time
requirement set forth in this subparagraph was not due to unreasonable delay by
the prosecutor, the court may allocate an additional period of time, not to
exceed 45 days, in which the return of an indictment shall occur.�
Notwithstanding the court's previous findings for ordering the eligible
defendant's pretrial detention, or if the court currently does not find a
substantial and unjustifiable risk or finds unreasonable delay by the
prosecutor as described in this subparagraph, the court shall order the release
of the eligible defendant pursuant to section 3 of P.L.2014, c.31
(C.2A:162-17).

���� (b)�� If the eligible
defendant is charged or indicted on another matter resulting in the eligible
defendant's pretrial detention, the time calculations set forth in subparagraph
(a) of this paragraph for each matter shall run independently.

���� (2)�� (a)�� An eligible
defendant who has been indicted shall not remain detained in jail for more than
180 days on that charge following the return or unsealing of the indictment,
whichever is later, not counting excludable time for reasonable delays as set
forth in subsection b. of this section, before commencement of the trial.� If
the trial does not commence within that period of time, the eligible defendant
shall be released from jail unless, on motion of the prosecutor, the court
finds that a substantial and unjustifiable risk to the safety of any other
person or the community or the obstruction of the criminal justice process
would result from the eligible defendant's release from custody, so that no
appropriate conditions for the eligible defendant's release could reasonably
address that risk, and also finds that the failure to commence trial in
accordance with the time requirement set forth in this subparagraph was not due
to unreasonable delay by the prosecutor.� If the court finds that a substantial
and unjustifiable risk to the safety of any other person or the community or
the obstruction of the criminal justice process would result, and also finds
that the failure to commence trial in accordance with the time requirement set
forth in this subparagraph was not due to unreasonable delay by the prosecutor,
the court may allocate an additional period of time in which the eligible
defendant's trial shall commence. Notwithstanding the court's previous findings
for ordering the eligible defendant's pretrial detention, or if the court
currently does not find a substantial and unjustifiable risk or finds
unreasonable delay by the prosecutor as described in this subparagraph, the
court shall order the release of the eligible defendant pursuant to section 3
of P.L.2014, c.31 (C.2A:162-17).� Notwithstanding any other provision of this
section, an eligible defendant shall be released from jail pursuant to section
3 of P.L.2014, c.31 (C.2A:162-17) after a release hearing if, two years after
the court's issuance of the pretrial detention order for the eligible
defendant, excluding any delays attributable to the eligible defendant, the
prosecutor is not ready to proceed to voir dire or to opening argument, or to
the hearing of any motions that had been reserved for the time of trial.

���� (b)�� (i)��� For the purposes
of this paragraph, a trial is considered to have commenced when the court
determines that the parties are present and directs them to proceed to voir
dire or to opening argument, or to the hearing of any motions that had been
reserved for the time of trial.

���� (ii)�� The return of a
superseding indictment against the eligible defendant shall extend the time for
the trial to commence.

���� (iii)� If an indictment is
dismissed without prejudice upon motion of the eligible defendant for any
reason, and a subsequent indictment is returned, the time for trial shall begin
running from the date of the return of the subsequent indictment.

���� (iv)� A trial ordered after a
mistrial or upon a motion for a new trial shall commence within 120 days of the
entry of the order of the court.� A trial ordered upon the reversal of a
judgment by any appellate court shall commence within 120 days of the service
of that court's trial mandate.

���� (c)�� If the eligible
defendant is indicted on another matter resulting in the eligible defendant's
pretrial detention, the time calculations set forth in this paragraph for each
matter shall run independently.

���� b.��� (1) The following
periods shall be excluded in computing the time in which a case shall be
indicted or tried:

���� (a)�� The time resulting from
an examination and hearing on competency and the period during which the
eligible defendant is incompetent to stand trial or incapacitated;

���� (b)�� The time from the filing
to the disposition of an eligible defendant's application for supervisory
treatment pursuant to N.J.S.2C:36A-1 or N.J.S.2C:43-12 et seq.,
the

special probation
recovery court program
pursuant to N.J.S.2C:35-14,
drug or alcohol treatment as a condition of probation pursuant to
N.J.S.2C:45-1, or other pretrial treatment or supervisory program;

���� (c)�� The time from the filing
to the final disposition of a motion made before trial by the prosecutor or the
eligible defendant;

���� (d)�� The time resulting from
a continuance granted, in the court's discretion, at the eligible defendant's
request or at the request of both the eligible defendant and the prosecutor;

���� (e)�� The time resulting from
the detention of an eligible defendant in another jurisdiction provided the
prosecutor has been diligent and has made reasonable efforts to obtain the
eligible defendant's presence;

���� (f)�� The time resulting from
exceptional circumstances including, but not limited to, a natural disaster,
the unavoidable unavailability of an eligible defendant, material witness or
other evidence, when there is a reasonable expectation that the eligible defendant,
witness or evidence will become available in the near future;

���� (g)�� On motion of the
prosecutor, the delay resulting when the court finds that the case is complex
due to the number of defendants or the nature of the prosecution;

���� (h)�� The time resulting from
a severance of codefendants when that severance permits only one trial to
commence within the time period for trial set forth in this section;

���� (i)��� The time resulting from
an eligible defendant's failure to appear for a court proceeding;

���� (j)��� The time resulting from
a disqualification or recusal of a judge;

���� (k)�� The time resulting from
a failure by the eligible defendant to provide timely and complete discovery;

���� (l)��� The time for other
periods of delay not specifically enumerated if the court finds good cause for
the delay; and

���� (m)� Any other time otherwise
required by statute.

���� (2)�� The failure by the
prosecutor to provide timely and complete discovery shall not be considered
excludable time unless the discovery only became available after the time set
for discovery.

(cf: P.L.2014, c.31, s.8)

���� 3.��� Section 1 of P.L.1999,
c.160 (C.2C:33-28) is amended to read as follows:�

���� 1.��� a.� An actor who
solicits or recruits another to join or actively participate in a criminal
street gang with the knowledge or purpose that the person who is solicited or
recruited will promote, further, assist, plan, aid, agree, or attempt to aid in
the commission of criminal conduct by a member of a criminal street gang
commits a crime of the fourth degree.� For purposes of this section, the actor
shall have the requisite knowledge or purpose if he knows that the person who
is solicited or recruited will engage in some form, though not necessarily
which form, of criminal activity.� "Criminal street gang" shall have
the meaning set forth in section 1 of P.L.2007, c.341 (C.2C:33-29).

���� b.��� An actor who, in the
course of violating subsection a. of this section, threatens another with
bodily injury on two or more separate occasions within a 30-day period commits
a crime of the third degree.

���� c.���� An actor who, in the
course of violating subsection a. of this section, inflicts significant bodily
injury upon another commits a crime of the second degree.

���� d.��� Any defendant convicted
of soliciting, recruiting, coercing or threatening a person under 18 years of
age in violation of subsection a., b. or g. of this section shall be guilty of
a crime of the second degree.

���� e.���� An actor who violates
subsection a. of this section while under official detention commits a crime of
the second degree.� As used in this subsection, "official detention"
means detention in any facility for custody of persons under charge or conviction
of a crime or offense, or committed pursuant to chapter 4 of this Title, or
alleged or found to be delinquent; detention for extradition or deportation;
mandatory commitment to a residential treatment facility imposed as a condition
of
the

special
probation
recovery court program
pursuant to subsection d. of
N.J.S.2C:35-14; or any other detention for law enforcement purposes.�
"Official detention" also includes supervision of probation or
parole, or constraint incidental to release on bail.� Notwithstanding the
provisions of N.J.S.2C:44-5 or any other provision of law, the court shall
order that the sentence imposed upon a violation of this section be served
consecutively to the period or periods of detention the actor was serving at
the time of the violation.

���� f.���� Any defendant convicted
of soliciting, recruiting, coercing or threatening a person under 18 years of
age in violation of subsection c. or e. of this section shall be sentenced by
the court to an extended term of imprisonment as set forth in subsection a. of
N.J.S.2C:43-7.

���� g.��� An actor who in the
course of violating subsection a. of this section, does so on school property
commits a crime of the third degree.

���� Notwithstanding the provisions
of N.J.S.2C:1-8, N.J.S.2C:44-5 or any other provision of law, a conviction
arising under this section shall not merge with a conviction for any criminal
offense that the actor committed while involved in criminal street gang related
activity, as defined in subsection h. of N.J.S.2C:44-3, nor shall the
conviction for any such offense merge with a conviction pursuant to this
section and the sentence imposed upon a violation of this section shall be
ordered to be served consecutively to that imposed upon any other such
conviction.

(cf: P.L.2013, c.202)

���� 4. 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
Recovery Court
Program
; 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
]

the
special probation
recovery court program
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
]

sentence

the person
[
on
]

to the

special probation
recovery court program
, which shall be for a term of
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

���� (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
]

Health
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
the

special probation
recovery court program
over a person who is being
considered for a sentence to
the
special probation
recovery court
program
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
the

special
probation
recovery court program
, 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
]

Health

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
participation in the
special
probation
recovery court program
.� In determining whether to order the
person to participate in a nonresidential rather than a residential treatment
program, the court shall follow the procedure set forth in subsection j. of
this section. Subject to the requirements of subsection d. of this section, the
conditions of
the

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

���� b.��� A person shall not be
eligible for
the

special probation
�recovery court program
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), 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
]

sentenced
to the
special probation
recovery court program
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
]

Health
.�
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
]

sentence
to the
special probation
recovery court program
, 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
the

special
probation
recovery court program
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
]
�
from the

special
probation
recovery court program
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).

���� e.���� The probation
department or other appropriate agency designated by the court to monitor or
supervise the
[
person�s
]

person in
the
special probation
recovery court program
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
the

special probation
recovery court program
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
recovery court
program
authorized by this section or of any requirements of the course of
treatment, the court in its discretion may permanently revoke the person's
participation
in the
special probation
recovery court program
.

���� (2)�� Upon a second or
subsequent violation of any term or condition of the special probation
recovery
court program
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
participation
in the
special probation
recovery court program
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
]

in the

special probation
recovery court program
, 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
]

in the
special
probation
recovery court program
pursuant to this section.� The court's
determination to permit the person to continue
[
on
]

in the
special probation
recovery
court program
following a second or subsequent violation pursuant to this
paragraph may be appealed by the prosecution.

���� (3)�� In making its
determination whether to revoke
the person�s participation in the

special
probation
recovery court program
, 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
participation in the
special probation
recovery
court program
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
participation in the
special probation
recovery
court program
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.� 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 for each day during which the person
satisfactorily complied with the terms and conditions of
the

special
probation
�recovery court program
while committed pursuant to this
section to a residential treatment facility.� The court, in determining the
number of credits for time spent in a residential treatment facility, shall
consider the recommendations of the treatment provider.

���� (5)�� Following a violation,
if the court permits the person to continue on
his participation in the
special
probation
recovery court program
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
participation in the

special
probation
recovery court program
. 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
participation in the
special probation
recovery court
program
.

���� (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
participation
in the
special probation
recovery court program
. 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
participation in the

special probation
recovery
court program
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
]

sentenced
to the
special probation
�recovery court program
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
participation
in the
special probation
recovery court program
, 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
]

participation
in the
special probation
recovery court program
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
the person�s participation in
the
special probation
recovery court program
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
a person�s
participation in the
special probation
recovery court program
to
order a person
[
on
]

participating
in the
special probation
recovery court program
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.

���� 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.

���� i.���� The court shall impose,
as a condition of the
participation in
special probation
recovery
court program
, any fine, penalty, fee or restitution applicable to the
offense for which the person was convicted or adjudicated delinquent.

���� j.���� Where the court finds
that a person has satisfied all of the eligibility criteria for
participation
in the
special probation
recovery court program
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
]

to the

special probation
recovery court program
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
participation in
the
special probation
recovery court program
, 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
]

sentence
to the
special probation
recovery court program
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.

���� 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
participation in the
special
probation
recovery court program
. 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
participation in the
special
probation
recovery court program
.

���� (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
participation in the
special probation
recovery
court program
.

���� 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
]

participation in the
special probation
recovery court program
provided
that the person: (1) has satisfactorily completed the treatment program ordered
by the court; (2) has served at least two years
[
of
]

the
special probation
recovery
court program
; (3) within the preceding 12 months, did not commit a
substantial violation of any term or condition of
the

special
probation
recovery court program
, 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 (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 upon successful discharge from
[
a term of
]

the

special probation�
recovery court program
as provided in this section,
regardless of whether the person was sentenced to
the

special
probation
recovery court program
under this section, section 2 of
P.L.2012, c.23 (C.2C:35-14.2), or N.J.S.2C:45-1, 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
participation in the

special
probation
recovery court program
. 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 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.

���� (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 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, the full record of
arrests and convictions may be restored to public access and no future expungement
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
]

the

special probation
recovery court program
as provided in this section,
regardless of whether the person was sentenced to
the

special
probation
recovery court program
under this section, section 2 of
P.L.2012, c.23 (C.2C:35-14.2), or N.J.S.2C:45-1, 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
that existed at the time of discharge from
the

special probation
recovery
court program
by presenting an application to the Superior Court in the
county in which the person was sentenced to
the

special
probation
recovery court program
, 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. 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
the

special
probation
recovery court program
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.� The Superior Court shall consider the person's verified petition
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
the

special probation
recovery court program
as appropriate.� 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 reliefpursuant to
this paragraph.

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

���� 5.��� Section 1 of P.L.2012,
c.23 (C.2C:35-14.1) is amended to read as follows:��

���� 1.��� a.� Except as provided
in subsection c., the court shall require a defendant to submit to a
professional diagnostic assessment if:

���� (1)�� there is a reasonable
basis to believe that the defendant may be a drug dependent person as defined
in N.J.S.2C:35-2;

���� (2)�� the defendant is charged
with:

���� (a)�� a crime that is subject
to a presumption of imprisonment pursuant to subsection d. of N.J.S.2C:44-1; or

���� (b)�� any crime of the third
degree if the defendant has previously been convicted of a crime subject to the
presumption of imprisonment or that resulted in imposition of a State prison
term; and

���� (3)�� the defendant is
eligible to be considered for a sentence to
the

special
probation
recovery court program
pursuant to the provisions of
N.J.S.2C:35-14.

���� b.��� For the purposes of this
section, any of the following circumstances shall provide a reasonable basis to
believe that a person may be drug dependent:

���� (1)�� the present offense
involves a controlled dangerous substance;

���� (2)�� the defendant has
previously been convicted of an offense involving a controlled dangerous
substance, was admitted to pretrial intervention or supervisory treatment, or
received a conditional discharge for a charge involving a controlled dangerous
substance;

���� (3)�� the defendant has any
other pending charge in this State, any other state, or a federal court
involving a controlled dangerous substance;

���� (4)�� the defendant has any
time previously received any form of drug treatment or counseling;

���� (5)�� the defendant appears to
have been under the influence of a controlled dangerous substance during the
commission of the present offense, or it reasonably appears that the present
offense may have been committed to acquire property or monies to purchase a
controlled dangerous substance for the defendant's personal use;

���� (6)�� the defendant admits to
the unlawful use of a controlled dangerous substance within the year preceding
the arrest for the present offense;

���� (7)�� the defendant has had a
positive drug test within the last 12 months; or

���� (8)�� there is information,
other than the circumstances enumerated in paragraphs (1) through (7) of this
subsection, which indicates that the defendant may be a drug dependent person
or would otherwise benefit by undergoing a professional diagnostic assessment
within the meaning of paragraph (1) of subsection a. of N.J.S.2C:35-14.

���� c.���� The court shall not be
required to order a diagnostic assessment pursuant to subsection a. of this
section if it is clearly convinced that such assessment will not serve any
useful purpose.� If the court does not order a diagnostic assessment, the court
shall place on the record the reasons for its decision.

���� d.��� Nothing in this section
shall be construed to limit or constrain the court's authority and discretion
to order drug testing, drug screening, or a professional diagnostic assessment
at any time.

(cf: P.L.2012, c.23, s.1)

���� 6.��� Section 2 of P.L.2012,
c.23 (C.2C:35-14.2) is amended to read as follows:

���� 2.��� a.� In all cases where a
professional diagnostic assessment within the meaning of paragraph (1) of
subsection a. of N.J.S.2C:35-14 has been ordered and completed pursuant to
section 1 of P.L.2012, c.23 (C.2C:35-14.1), the court shall make a
determination at sentencing or prior to sentencing whether the defendant may be
a drug dependent person as defined in N.J.S.2C:35-2.

���� b.��� Notwithstanding any law
to the contrary, where the court finds that a defendant is a person in need of
treatment as defined in subsection f. of this section and that the defendant
additionally meets all the requirements of N.J.S.2C:35-14, the court shall
sentence a defendant to
the

special probation
recovery court program
pursuant to the
provisions of N.J.S.2C:35-14 for the purpose of participating in a
court-supervised drug treatment program, regardless of whether the defendant
has sought or consents to such a sentence, unless:

���� (1)�� the court finds that a
sentence of imprisonment must be imposed consistent with the provisions of
chapters 43 and 44 of Title 2C of the New Jersey Statutes, in which case a
sentence of imprisonment shall be imposed; or

���� (2)�� the court is clearly
convinced that:

���� (a)�� the treatment,
monitoring, and supervision services that will be provided under N.J.S.2C:45-1
are adequate to address the defendant's clinical needs;

���� (b)�� the defendant's
treatment needs would not be better addressed by sentencing the defendant to
the

special
probation
recovery court program
pursuant to N.J.S.2C:35-14;

���� (c)�� no danger to the
community would result from placing the person on regular probation pursuant to
N.J.S.2C:45-1; and

���� (d)�� a sentence of probation
authorized under N.J.S.2C:45-1 would be consistent with the provisions of
chapters 43 and 44 of Title 2C of the New Jersey Statutes.

���� c.���� In making the findings
and determinations required by 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 also shall also consider the presentence report and the
results of any professional diagnostic assessment.� The court shall place on
the record the reasons for its decision.

���� d.��� If, pursuant to
paragraph (2) of subsection b. of this section, the court imposes a sentence of
probation authorized by N.J.S.2C:45-1, such sentence shall not become final for
10 days in order to permit the appeal of the sentence by the prosecution.

���� e.���� Nothing in this section
shall be construed to alter the presumption of imprisonment contained in
subsection d. of N.J.S.2C:44-1 or to require or authorize the reduction or
waiver of a mandatory period of parole ineligibility required by law, or to
modify the exceptions to such requirements provided for by law, including but
not limited to those provided in N.J.S.2C:35-12 and N.J.S.2C:35-14.

���� f.���� For the purposes of
this section, the term "person in need of treatment" means a
defendant who:

���� (1)�� the court has determined
to be a drug dependent person as defined in N.J.S.2C:35-2;

���� (2)�� has been convicted of:

���� (a)�� a crime that is subject
to a presumption of imprisonment pursuant to subsection d. of N.J.S.2C:44-1; or

���� (b)�� any other crime of the
third degree if the person has previously been convicted of a crime subject to
a presumption of imprisonment or a crime that resulted in the imposition of a
State prison term; and

���� (3)�� is eligible to be
considered for a sentence to
the

special probation
recovery court program
pursuant to the
provisions of N.J.S.2C:35-14.

(cf: P.L.2012, c.23, s.2)

����
7.��� Section 3 of P.L.2012,
c.23
(
2C:35-14.3) is amended to read as follows:

���� 3.��� The Administrative
Director of the Courts is authorized to phase-in the implementation of the
provisions of P.L.2012, c.23 (C.2C:35-14.1 et al.) related to a program of
mandatory sentencing and treatment of qualified offenders to
the

special
probation
recovery court program
based on monies annually appropriated
from the General Fund. Within 60 days of the effective date of this act, the
program shall be established in no fewer than three court vicinages, and with
further implementation occurring in no less than three additional vicinages in
each fiscal year thereafter in a manner to be determined by the Administrative
Director of the Courts provided that sufficient State funds have been
appropriated.� The Administrative Director of the Courts shall select
appropriate vicinages for the implementation of the program. The program shall
be fully implemented in the State no later than the fifth fiscal year

following enactment provided that
sufficient State funds have been appropriated.

(cf: P.L.2012, c.23, s.3)

�

���� 8.��� N.J.S.2C:44-6 is amended
to read as follows:

���� 2C:44-6.� Procedure on
Sentence; Presentence Investigation and Report.

���� a.���� The court shall not
impose sentence without first ordering a presentence investigation of the
defendant and according due consideration to a written report of such
investigation when required by the Rules of Court.� The court may order a
presentence investigation in any other case.

���� b.��� The presentence
investigation shall include an analysis of the circumstances attending the
commission of the offense, the defendant's history of delinquency or
criminality, family situation, financial resources, including whether or not
the defendant is an enrollee or covered person under a health insurance
contract, policy or plan, debts, including any amount owed for a fine,
assessment or restitution ordered in accordance with the provisions of Title
2C, any obligation of child support including any child support delinquencies,
employment history, personal habits, the disposition of any charge made against
any codefendants, the defendant's history of civil commitment, any disposition
which arose out of charges suspended pursuant to N.J.S.2C:4-6 including the
records of the disposition of those charges and any acquittal by reason of
insanity pursuant to N.J.S.2C:4-1, and any other matters that the probation
officer deems relevant or the court directs to be included. The defendant shall
disclose any information concerning any history of civil commitment.� The
report shall also include a medical history of the defendant and a complete
psychological evaluation of the defendant in any case in which the defendant is
being sentenced for a first or second degree crime involving violence and:

���� (1)�� the defendant has a
prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges
suspended pursuant to N.J.S.2C:4-6; or

���� (2)�� the defendant has a
prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual
assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to
N.J.S.2C:13-1, endangering the welfare of a child which would constitute a
crime of the second degree pursuant to N.J.S.2C:24-4, or stalking which would
constitute a crime of the third degree pursuant to section 1 of P.L.1992, c.209
(C.2C:12-10); or

���� (3)�� the defendant has a
prior diagnosis of psychosis.

���� The court, in its discretion
and considering all the appropriate circumstances, may waive the medical
history and psychological examination in any case in which a term of
imprisonment including a period of parole ineligibility is imposed.� In any
case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a
child; N.J.S.2C:18-3, criminal trespass, where the trespass was committed in a
school building or on school property; section 1 of P.L.1993, c.291
(C.2C:13-6), attempting to lure or entice a child with purpose to commit a
criminal offense; section 1 of P.L.1992, c.209 (C.2C:12-10), stalking; or
N.J.S.2C:13-1, kidnapping, where the victim of the offense is a child under the
age of 18, the investigation shall include a report on the defendant's mental
condition.

���� The presentence investigation
shall also include information regarding the defendant's history of substance
abuse and substance abuse treatment, if any, including whether the defendant
has sought treatment in the past.� If any of the factors listed in subsection
b. of section 1 of P.L.2012, c.23 (C.2C:35-14.1) apply, the presentence report
shall also include consideration of whether the defendant may be a drug
dependent person as defined in N.J.S.2C:35-2.

���� The presentence investigation
shall include an analysis of whether the defendant should be required to submit
to a professional diagnostic assessment within the meaning of paragraph (1) of
subsection a. of N.J.S.2C:35-14 in any case where: the defendant may be a drug
dependent person as defined in N.J.S.2C:35-2; the defendant is eligible to be
considered for a sentence to
the

special probation
recovery court program
pursuant to
N.J.S.2C:35-14; and the court has not already ordered the defendant to submit
to any such diagnostic assessment in regard to the pending matter.

���� The presentence report shall
also include a report on any compensation paid by the Victims of Crime
Compensation Agency as a result of the commission of the offense and, in any
case where the victim chooses to provide one, a statement by the victim of the
offense for which the defendant is being sentenced.� The statement may include
the nature and extent of any physical harm or psychological or emotional harm
or trauma suffered by the victim, the extent of any loss to include loss of
earnings or ability to work suffered by the victim and the effect of the crime
upon the victim's family.� The probation department shall notify the victim or
nearest relative of a homicide victim of his right to make a statement for
inclusion in the presentence report if the victim or relative so desires.� Any
such statement shall be made within 20 days of notification by the probation
department.

���� The presentence report shall
specifically include an assessment of the gravity and seriousness of harm
inflicted on the victim, including whether or not the defendant knew or
reasonably should have known that the victim of the offense was particularly vulnerable
or incapable of resistance due to advanced age, disability, ill-health, or
extreme youth, or was for any other reason substantially incapable of
exercising normal physical or mental power of resistance.

���� c.���� If, after the
presentence investigation, the court desires additional information concerning
an offender convicted of an offense before imposing sentence, it may order any
additional psychological or medical testing of the defendant.

���� d.��� Disclosure of any
presentence investigation report or psychiatric examination report shall be in
accordance with law and the Rules of Court, except that information concerning
the defendant's financial resources shall be made available upon request to the
Victims of Crime Compensation Agency or to any officer authorized under the
provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an
assessment, restitution or fine and that information concerning the defendant's
coverage under any health insurance contract, policy or plan shall be made
available, as appropriate to the Commissioner of Corrections and to the chief
administrative officer of a county jail in accordance with the provisions of
P.L.1995, c.254 (C.30:7E-1 et al.).

���� e.���� The court shall not
impose a sentence of imprisonment for an extended term unless the ground
therefor has been established at a hearing after the conviction of the
defendant and on written notice to him of the ground proposed.� The defendant
shall have the right to hear and controvert the evidence against him and to
offer evidence upon the issue.

���� f.���� (Deleted by amendment,
P.L.1986, c.85).

(cf: P.L.2012, c.23, s.6)

���� 9.��� Section 159 of P.L.2012,
c.16 (C.30:4C-4.5) is amended to read as follows:

���� 159.�� a.�� Notwithstanding
any law, rule, or regulation to the contrary, commencing on or after the
effective date of P.L.2012, c.16 (C.52:27D-43.9a et al.) and subject to the
provisions of subsection b. of this section, the Division of Children's System
of Care in the Department of Children and Families, in lieu of the Division of
Mental Health and Addiction Services in the Department of
[
Human Services
]

Health
,
shall provide, manage, and coordinate services for the treatment of alcoholism
and substance abuse for persons under 21 years of age, deemed clinically and
functionally appropriate by the Department of Children and Families, as limited
by service availability and appropriations and other monies available, and to
become available, except that, as agreed to by the Department of Children and
Families and the Department of
[
Human
Services
]

Health
pursuant to subsection b. of this section, the Division of Mental
Health and Addiction Services may continue to exclusively provide, manage, and
coordinate programs and services designed primarily for adults 18 years of age
or older, including, but not limited to, services provided pursuant to
R.S.39:4-50 and the
[
Drug
Courts
]

Special Probation Recovery Court Program
of this State.

���� b.��� The Commissioner of
[
Human Services
]
Health

and the Commissioner of Children and Families, or the commissioners' designees,
shall establish and enter into an inter-agency agreement as necessary for the
purposes of subsection a. of this section.

���� c.���� The Commissioners of
[
Human Services
]

Health

and Children and Families, pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt, notwithstanding
any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary,
immediately upon filing with the Office of Administrative Law, such rules and
regulations as the Commissioners deem necessary to effectuate the purposes of
section 159 of P.L.2012, c.16 (C.30:4C-4.5), which shall be effective for a
period not to exceed 12 months following the effective date of P.L.2012, c.16
(C.52:27D-43.9a et al.).� The regulations shall thereafter be amended, adopted,
or readopted by the commissioners in accordance with the provisions of
P.L.1968, c.410 (C.52:14B-1 et seq.).

���� d.��� Whenever any current
law, rule, regulation, or order pertaining to the treatment of alcoholism and
substance abuse for persons under 21 years of age refers to the Division of
Mental Health and Addiction Services in the Department of
[
Human Services
]
Health
,
the same shall mean and refer to the Division of Children's System of Care in
the Department of Children and Families, except where the Division of Mental
Health and Addiction Services continues to exclusively provide, manage, and
coordinate programs and services consistent with this section.

(cf: P.L.2012, c.16, s.159)

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

STATEMENT

���� This bill would designate the drug
court program as the �special probation recovery court program.��

���� Under N.J.S.A.2C:35-14 et al.,
currently designated in the statutes� as �special probation� and known
informally as �drug court,� a person convicted of a non-violent crime who is
found to be dependent on drugs or alcohol may be sentenced to an intensive,
five-year program in lieu of incarceration if the court finds that the person
would benefit from such treatment. The program includes inpatient or outpatient
substance abuse treatment, supervision, monitoring, and rehabilitation.��

���� The courts have described the
program as �a critical balance of authority, supervision, support and
encouragement.� In the view of the sponsor, the term �special probation
recovery court program� more accurately describes the purposes and goals of the
program, since the person�s recovery is an essential component. The program is
not focused on �drugs� as such, but instead consists of a comprehensive program
of treatment and rehabilitation services.

���� The bill also makes technical
changes, updating statutory references to the Division of Mental Health and
Addiction Services to reflect its relocation to
the
Department of Health under Reorganization Plan No. 001-2017.