Provides that defendant who participated in diversion program for certain marijuana offenses on prior occasion may again participate under certain circumstances.

A1952

ASSEMBLY, No. 1952

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Provides that defendant who participated in diversion
program for certain marijuana offenses on prior occasion may again participate
under certain circumstances.

CURRENT VERSION OF TEXT

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

��

An Act
concerning
supervisory treatment
programs and amending various parts of the statutory
law.

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

���� 1.��� N.J.S.2C:36A-1 is
amended to read as follows:

���� 2C:36A-1.� Conditional
discharge for certain first offenses.

���� a.��� Whenever any person who
has not previously been convicted of any offense under section 20 of P.L.1970,
c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense
defined in chapter 35 or 36 of this title or, subsequent to the effective date
of this title, under any law of the United States, this State or any other
state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs,
and who has not
, except as provided in subsection e. of this section,

previously participated in a program of supervisory treatment pursuant to
N.J.S.2C:43-12 or conditional dismissal pursuant to P.L.2013, c.158
(C.2C:43-13.1 et al.), or a Veterans Diversion Program pursuant to P.L.2017,
c.42 (C.2C:43-23 et al.), is charged with or convicted of any disorderly
persons offense or petty disorderly persons offense under chapter 35 or 36 of
this title, the court upon notice to the prosecutor and subject to subsection
c. of this section, may on motion of the defendant or the court:

���� (1)� Suspend further
proceedings and with the consent of the person after reference to the State
Bureau of Identification criminal history record information files, place him
under supervisory treatment upon such reasonable terms and conditions as it may
require; or

���� (2)� After a plea of guilty or
finding of guilty, and without entering a judgment of conviction, and with the
consent of the person after proper reference to the State Bureau of
Identification criminal history record information files, place him on
supervisory treatment upon reasonable terms and conditions as it may require,
or as otherwise provided by law.

���� b.��� In no event shall the
court require as a term or condition of supervisory treatment under this
section, referral to any residential treatment facility for a period exceeding
the maximum period of confinement prescribed by law for the offense for which
the individual has been charged or convicted, nor shall any term of supervisory
treatment imposed under this subsection exceed a period of three years.

���� Upon violation of a term or
condition of supervisory treatment the court may enter a judgment of conviction
and proceed as otherwise provided, or where there has been no plea of guilty or
finding of guilty, resume proceedings. Upon fulfillment of the terms and
conditions of supervisory treatment the court shall terminate the supervisory
treatment and dismiss the proceedings against him. Termination of supervisory
treatment and dismissal under this section shall be without court adjudication
of guilt and shall not be deemed a conviction for purposes of disqualifications
or disabilities, if any, imposed by law upon conviction of a crime or
disorderly persons offense but shall be reported by the clerk of the court to
the State Bureau of Identification criminal history record information files.
Termination of supervisory treatment and dismissal under this section may occur
only once with respect to any person.� Imposition of supervisory treatment
under this section shall not be deemed a conviction for the purposes of
determining whether a second or subsequent offense has occurred under section
29 of P.L.1970, c.226 (C.24:21-29), chapter 35 or 36 of this title or any law
of this State.

���� c.��� Proceedings under this
section shall not be available to any defendant unless the court in its
discretion concludes that:

���� (1)� The defendant's continued
presence in the community, or in a civil treatment center or program, will not
pose a danger to the community; or

���� (2)� That the terms and
conditions of supervisory treatment will be adequate to protect the public and
will benefit the defendant by serving to correct any dependence on or use of
controlled substances which he may manifest; and

���� (3)� The person has not
previously received supervisory treatment under section 27 of P.L.1970, c.226
(C.24:21-27), N.J.S.2C:43-12, or the provisions of this chapter.

���� d.��� A person seeking
conditional discharge pursuant to this section shall pay to the court a fee of
$75 which shall be paid to the Treasurer of the State of New Jersey for deposit
in the General Fund.� The defendant shall also be required to pay restitution,
costs and other assessments as provided by law. A person may apply for a waiver
of this fee, by reason of poverty, pursuant to the Rules Governing the Courts
of the State of New Jersey, or the court may permit the defendant to pay the
conditional discharge fee and other assessments in installments or may order
other alternatives pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1).�

����
e.��� A person who has previously
participated in a program of �supervisory treatment pursuant to N.J.S.2C:43-12
or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), or
a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), shall
be eligible for supervisory treatment under this section if the previous
supervisory treatment concerned crimes or offenses involving manufacturing,
distributing, or dispensing, or possessing or having under control with intent
to manufacture, distribute, or dispense, marijuana or hashish in violation of
paragraph (12) of subsection b. of N.J.S.2C:35-5; or obtaining, possessing,
using, being under the influence of, or failing to make lawful disposition of
marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or
subsection b., or subsection c. of N.J.S.2C:35-10; or a violation involving
marijuana or hashish as described herein and a violation of N.J.S.2C:36-2 for
using or possessing with intent to use drug paraphernalia with that marijuana or
hashish, alone or in combination with each other; or any disorderly persons
offense or petty disorderly persons offense subject to conditional discharge
pursuant to this section.

(cf: P.L.2019, c.276, s.5)

���� 2.��� N.J.S.2C:43-12 is
amended to read as follows:

���� 2C:43-12.� Supervisory
Treatment--Pretrial Intervention.

���� a.��� Public policy. The
purpose of N.J.S.2C:43-12 through N.J.S.2C:43-22 is to effectuate a Statewide
program of Pretrial Intervention.� It is the policy of the State of New Jersey
that supervisory treatment should ordinarily be limited to persons who have not
previously been convicted of any criminal offense under the laws of New Jersey,
or under any criminal law of the United States, or any other state when
supervisory treatment would:

���� (1)� Provide applicants, on an
equal basis, with opportunities to avoid ordinary prosecution by receiving
early rehabilitative services or supervision, when such services or supervision
can reasonably be expected to deter future criminal behavior by an applicant,
and when there is apparent causal connection between the offense charged and
the rehabilitative or supervisory need, without which cause both the alleged
offense and the need to prosecute might not have occurred; or

���� (2)� Provide an alternative to
prosecution for applicants who might be harmed by the imposition of criminal
sanctions as presently administered, when such an alternative can be expected
to serve as sufficient sanction to deter criminal conduct; or

���� (3)� Provide a mechanism for
permitting the least burdensome form of prosecution possible for defendants
charged with "victimless" offenses, other than defendants who were
public officers or employees charged with offenses that involved or touched their
office or employment; or

���� (4)� Provide assistance to
criminal calendars in order to focus expenditure of criminal justice resources
on matters involving serious criminality and severe correctional problems; or

���� (5)� Provide deterrence of
future criminal or disorderly behavior by an applicant in a program of
supervisory treatment.

���� b.��� (1) Admission of an
applicant into a program of supervisory treatment shall be measured according
to the applicant's amenability to correction, responsiveness to rehabilitation
and the nature of the offense.

���� (2)� There shall be a
presumption against admission into a program of supervisory treatment for:

���� (a)�� a defendant who was a
public officer or employee whose offense involved or touched upon his public
office or employment; and

���� (b)� a defendant charged with
any crime or offense involving domestic violence, as defined in subsection a.
of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the
crime or offense while subject to a temporary or permanent restraining order
issued pursuant to the provisions of the "Prevention of Domestic Violence
Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or if the
crime or offense charged involved violence or the threat of violence.� For
purposes of this subparagraph, a crime or offense involves violence or the
threat of violence if the victim sustains serious or significant bodily injury
as defined in subsection b. or d. of N.J.S.2C:11-1, or the actor is armed with
and uses a deadly weapon or threatens by word or gesture to use a deadly weapon
as defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict serious
or significant bodily injury.

���� c.��� The decision and reasons
therefor made by the designated judges (or assignment judges), prosecutors and
program directors in granting or denying applications for supervisory
treatment, in recommending and ordering termination from the program or
dismissal of charges, in all cases shall be reduced to writing and disclosed to
the applicant.

���� d.��� If an applicant desires
to challenge the decision of the prosecutor or program director not to
recommend enrollment in a program of supervisory treatment the proceedings
prescribed under N.J.S.2C:43-14 and in accordance with the Rules of Court shall
be followed.

���� e.��� Referral.� At any time
prior to trial but after the filing of a criminal complaint, or the filing of
an accusation or the return of an indictment, with the consent of the
prosecutor and upon written recommendation of the program director, the
assignment judge or a judge designated by him may postpone all further
proceedings against an applicant and refer said applicant to a program of
supervisory treatment approved by the Supreme Court. Prosecutors and program
directors shall consider in formulating their recommendation of an applicant's
participation in a supervisory treatment program, among others, the following
criteria:

���� (1)� The nature of the
offense;

���� (2)� The facts of the case;

���� (3)� The motivation and age of
the defendant;

���� (4)� The desire of the
complainant or victim to forego prosecution;

���� (5)� The existence of personal
problems and character traits which may be related to the applicant's crime and
for which services are unavailable within the criminal justice system, or which
may be provided more effectively through supervisory treatment and the
probability that the causes of criminal behavior can be controlled by proper
treatment;

���� (6)� The likelihood that the
applicant's crime is related to a condition or situation that would be
conducive to change through his participation in supervisory treatment;

���� (7)� The needs and interests
of the victim and society;

���� (8)� The extent to which the
applicant's crime constitutes part of a continuing pattern of anti-social
behavior;

���� (9)� The applicant's record of
criminal and penal violations and the extent to which he may present a
substantial danger to others;

���� (10) Whether or not the crime
is of an assaultive or violent nature, whether in the criminal act itself or in
the possible injurious consequences of such behavior;

���� (11) Consideration of whether
or not prosecution would exacerbate the social problem that led to the
applicant's criminal act;

���� (12) The history of the use of
physical violence toward others;

���� (13) Any involvement of the
applicant with organized crime;

���� (14) Whether or not the crime
is of such a nature that the value of supervisory treatment would be outweighed
by the public need for prosecution;

���� (15) Whether or not the
applicant's involvement with other people in the crime charged or in other
crime is such that the interest of the State would be best served by processing
his case through traditional criminal justice system procedures;

���� (16) Whether or not the
applicant's participation in pretrial intervention will adversely affect the
prosecution of codefendants; and

���� (17) Whether or not the harm
done to society by abandoning criminal prosecution would outweigh the benefits
to society from channeling an offender into a supervisory treatment program.

���� The prosecutor and the court,
in formulating their recommendations or decisions regarding an applicant's
participation in a supervisory treatment program, shall give due consideration
to the victim's position on whether the defendant should be admitted.

���� f.���� Review of Supervisory
Treatment Applications; Procedure Upon Denial. Each applicant for supervisory
treatment shall be entitled to full and fair consideration of his application.�
If an application is denied, the program director or the prosecutor shall precisely
state his findings and conclusion which shall include the facts upon which the
application is based and the reasons offered for the denial.� If the applicant
desires to challenge the decision of a program director not to recommend, or of
a prosecutor not to consent to, enrollment into a supervisory treatment
program, a motion shall be filed before the designated judge (or assignment
judge) authorized pursuant to the Rules of Court to enter orders.

���� g.��� Limitations.� (1)
[
Supervisory
]

(a) Except
as provided in subparagraph (b) of this paragraph, supervisory
� treatment
may occur only once with respect to any defendant and any person who has
previously received supervisory treatment under section 27 of P.L.1970, c.226
(C.24:21-27), a conditional discharge pursuant to N.J.S.2C:36A-1, a conditional
dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), or was granted a
dismissal due to successful participation in the Veterans Diversion Program
pursuant to P.L.2017, c.42 (C.2C:43-23 et al.) shall not be eligible for
supervisory treatment under this section.

����
(b) A person who previously
received supervisory treatment under section 27 of P.L.1970, c.226
(C.24:21-27), a conditional discharge pursuant to N.J.S.2C:36A-1, a conditional
dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), or was granted a
dismissal due to successful participation in the Veterans Diversion Program
pursuant to P.L.2017, c.42 (C.2C:43-23 et al.) shall be eligible for
supervisory treatment under this section if the previous supervisory treatment
concerned crimes or offenses involving manufacturing, distributing, or
dispensing, or possessing or having under control with intent to manufacture,
distribute, or dispense, marijuana or hashish in violation of paragraph (12) of
subsection b. of N.J.S.2C:35-5; or obtaining, possessing, using, being under
the influence of, or failing to make lawful disposition of marijuana or hashish
in violation of paragraph (3) or (4) of subsection a., or subsection b., or
subsection c. of N.J.S.2C:35-10; or a violation involving marijuana or hashish
as described herein and a violation of N.J.S.2C:36-2 for using or possessing
with intent to use drug paraphernalia with that marijuana or hashish, alone or
in combination with each other; or any disorderly persons offense or petty
disorderly persons offense subject to conditional discharge pursuant to
N.J.S.2C:36A-1.

���� (2)� Except as otherwise
provided in paragraph (3) of this subsection, supervisory treatment, as
provided herein, shall be available to a defendant irrespective of whether the
defendant contests his guilt of the charge or charges against him.

���� (3)� Admission into
supervisory treatment shall be available to the following defendants only upon
entering a plea of guilty: (a) a defendant charged with a first or second
degree crime; (b) a defendant charged with any crime if the defendant had
previously been convicted of a first or second degree crime; (c) a defendant
charged with a third or fourth degree crime involving domestic violence, as
defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or (d) a
defendant charged with any disorderly persons or petty disorderly persons
offense involving domestic violence, as defined in subsection a. of section 3
of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the offense while
subject to a temporary or permanent restraining order issued pursuant to the
provisions of the "Prevention of Domestic Violence Act of 1991,"
P.L.1991, c.261 (C.2C:25-17 et al.).� For any such defendant, following the
plea of guilty the plea shall be held in an inactive status pending termination
of supervisory treatment pursuant to subsection d. or e. of N.J.S.2C:43-13.
Upon successful completion of the program of supervisory treatment the charges
shall be dismissed.

���� h.��� Termination.�
Termination of supervisory treatment under this section shall be immediately
reported to the assignment judge of the county who shall forward such
information to the Administrative Director of the Courts.

���� i.���� Appointment of Program
Directors; Authorized Referrals. Programs of supervisory treatment and
appointment of the program directors require approval by the Supreme Court with
the consent of the assignment judge and prosecutor. Referrals of participants
from supervisory treatment programs may be to any public or private office or
agency, including but not limited to, programs within the probation service of
the court, offering counseling or any other social service likely to aid in the
rehabilitation of the participant and to deter the commission of other
offenses.

���� j.���� Health Care
Professional Licensing Board Notification.� The program director shall promptly
notify the State Board of Medical Examiners when a State licensed physician or
podiatrist has been enrolled in a supervisory treatment program after he has
been charged with an offense involving drugs or alcohol.

���� The Attorney General shall
develop guidelines to ensure the uniform exercise of discretion by prosecutors
in formulating their recommendations on participation in a supervisory
treatment program by an applicant charged with a crime or offense involving domestic
violence, as defined in subsection a. of section 3 of P.L.1991, c.261
(C.2C:25-19).

(cf: P.L.2017, c.42, s.10)

���� 3.��� Section 1 of P.L.2013,
c.158� (C.2C:43-13.1) is amended to read as follows:

���� 1.��� Eligibility and
Application.� a.
(1)
Whenever any defendant who has not been previously
convicted of any petty disorderly persons offense, disorderly persons offense
or crime under any law of the United States, this State or any other state, and
who has not
, except as provided in paragraph (2) of this subsection,

previously participated in conditional discharge under N.J.S.2C:36A-1,
supervisory treatment under N.J.S.2C:43-12, or conditional dismissal under
P.L.2013, c.158 (C.2C:43-13.1 et al.), or a Veterans Diversion Program pursuant
to P.L.2017, c.42 (C.2C:43-23 et al.), is charged with a petty disorderly
offense or disorderly persons offense except as provided in subsection b. of
this section, the defendant may, after a plea of guilty or a finding of guilt,
but prior to the entry of a judgment of conviction and with appropriate notice
to the prosecutor, apply to the court for entry into the conditional dismissal
program pursuant to the requirements of P.L.2013, c.158 (C.2C:43-13.1 et al.).�
As a condition of such application, the defendant shall submit to the
fingerprint identification procedures as provided in R.S.53:1-15 before making
such application to the court to allow sufficient time for verification of the
defendant's criminal history by the prosecutor.

����
(2) A person who has previously
received supervisory treatment under section 27 of P.L.1970, c.226
(C.24:21-27), a conditional discharge pursuant to N.J.S.2C:36A-1, a conditional
dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), or was granted a
dismissal due to successful participation in the Veterans Diversion Program
pursuant to P.L.2017, c.42 (C.2C:43-23 et al.) shall be eligible for
supervisory treatment under this section if the previous supervisory treatment
was provided for crimes or offenses involving manufacturing, distributing, or
dispensing, or possessing or having under control with intent to manufacture,
distribute, or dispense, marijuana or hashish in violation of paragraph (12) of
subsection b. of N.J.S.2C:35-5; or obtaining, possessing, using, being under
the influence of, or failing to make lawful disposition of marijuana or hashish
in violation of paragraph (3) or (4) of subsection a., or subsection b., or
subsection c. of N.J.S.2C:35-10; or a violation involving marijuana or hashish
as described herein and a violation of N.J.S.2C:36-2 for using or possessing
with intent to use drug paraphernalia with that marijuana or hashish, alone or
in combination with each other; or any disorderly persons offense or petty disorderly
persons offense subject to conditional discharge pursuant to N.J.S.2C:36A-1.

���� b.��� (1) A defendant shall
not be eligible for participation in the conditional dismissal program if the
offense for which the person is charged involved: (a) organized criminal or
gang activity; (b) a continuing criminal business or enterprise; (c) a breach of
the public trust by a public officer or employee; (d) domestic violence as
defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); (e) an
offense against an elderly, disabled or minor person; (f) an offense involving
driving or operating a motor vehicle while under the influence of alcohol,
intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; (g) a
violation of animal cruelty laws; or (h) any disorderly persons offense or
petty disorderly persons offense under chapter 35 or 36 of Title 2C.

���� (2)� Nothing in this act shall
preclude a defendant charged with any disorderly persons offense or petty
disorderly persons offense under chapter 35 or 36 of Title 2C from applying to
the court for admission into the conditional discharge program in accordance
with N.J.S.2C:36A-1.

���� c.��� In addition to the
eligibility criteria enumerated in this section, the court shall consider the
following factors:

���� (1)� The nature and
circumstances of the offense;

���� (2)� The facts surrounding the
commission of the offense;

���� (3)� The motivation, age,
character and attitude of the defendant;

���� (4)� The desire of the
complainant or victim to forego prosecution;

���� (5)� The needs and interests
of the victim and the community;

���� (6)� The extent to which the
defendant's offense constitutes part of a continuing pattern of anti-social
behavior;

���� (7)� Whether the offense is of
an assaultive or violent nature, whether in the act itself or in the possible
injurious consequences of such behavior;

���� (8)� Whether the applicant's
participation will adversely affect the prosecution of codefendants;

���� (9)� Whether diversion of the
defendant from prosecution is consistent with the public interest; and

���� (10) Any other factors deemed
relevant by the court.

(cf: P.L.2017, c.42, s.8)

���� 4.��� Section 4 of P.L.2017,
c.42 (C.2C:43-26) is amended to read as follows:

���� 4.��� a.� At any time after
the filing of a criminal complaint, but prior to the disposition of such
complaint, an eligible servicemember, the public defender assigned to the
eligible servicemember, or the servicemember's own legal counsel may make an
application to the prosecutor to participate in the Veterans Diversion
Program.� The prosecutor may approve or conditionally approve an eligible
servicemember's admission into the Veterans Diversion Program. An eligible
servicemember may be conditionally approved for admission into the program
pending verification of the person's veteran or servicemember status, review of
the person's criminal history, and consideration of the findings of a clinical
assessment of the person's mental health. Once admitted to the program, the
prosecutor may move before the court to postpone proceedings while an eligible
servicemember obtains a mental health assessment or participates in case
management and mental health services. The court may grant the postponement of
proceedings and release the servicemember on the persons' own recognizance
subject to compliance with the conditions specified in the prosecutor's
diversion agreement.� If the prosecutor's review of the person's records and
the clinical assessment reveals that the person does not qualify for the
program or if the servicemember does not comply with the requirements of the
diversion agreement, the prosecutor may notify the court that the State is
prepared to proceed with the prosecution of the offense and the court shall schedule
court proceedings as appropriate.

���� b.��� (1) Except as provided
in paragraph (2) of this subsection, the prosecutor shall have the sole
discretion to determine if an eligible servicemember qualifies for and is
admitted to the Veterans Diversion Program pursuant to P.L.2017, c.42
(C.2C:43-23 et al.) after consideration of the nature of the eligible offense,
the causative relationship between the person's diagnosed or apparent mental
illness and the commission of the offense, the amenability of the servicemember
to participation in the services of the program, the availability of case
management and mental health services, the desires of any victim, the person's
history of prior convictions, and the probability that diversion will promote
the servicemember's recovery, prevent future criminal behavior, and protect
public safety. A prosecutor may also consider and approve other diversion
alternatives for servicemembers in lieu of the Veterans Diversion Program
pursuant to P.L.2017, c.42 (C.2C:43-23 et al.).

���� (2)� No eligible servicemember
shall be admitted to the Veterans Diversion Program if the person has criminal
charges pending for a crime of the second degree or higher, if the crime or
offense involved violence or the threat of violence, or if the person was
previously convicted of a violent crime enumerated in subsection d. of section
2 of P.L.1997, c.117 (C.2C:43-7.2). There shall be a presumption against
admission into the Veterans Diversion Program, subject to the discretion of the
prosecutor after consulting with any victim, for a servicemember charged with
any crime or offense involving domestic violence, as defined in subsection a.
of section 3 of P.L.1991, c.261 (C.2C:25-19) if the defendant committed the
crime or offense while subject to a temporary or permanent restraining order
issued pursuant to the provisions of the "Prevention of Domestic Violence
Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.). For purposes of this
paragraph, a crime or offense involves violence or the threat of violence if
the victim sustains a bodily injury as defined in subsection a. of
N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon or threatens
by word or gesture to use a deadly weapon as defined in subsection c. of
N.J.S.2C:11-1, or threatens to inflict a bodily injury.

���� (3)� The prosecutor shall
consult with victims of an eligible offense prior to approving an eligible
servicemember's admission into the Veterans Diversion Program. Nothing in this
subsection shall be construed to alter or limit the authority or discretion of the
prosecutor to admit an eligible servicemember into the Veterans Diversion
Program which the prosecutor deems appropriate.

���� c.��� The prosecutor's
approval of an application for admission into the Veterans Diversion Program
pursuant to this section shall not be conditioned on an admission or plea of
guilt by an eligible servicemember.

���� d.��� To qualify for
prosecutorial diversion under this section, an eligible servicemember shall
agree in writing to the following terms, where relevant to the eligible
offense:

���� (1)� Participate in case
management and mental health services initiated through the Veterans Diversion
Resource entity or other similar services and to cooperate with any recommended
course of treatment, including the use of medications as prescribed and participation
in counseling;

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

���� (3)� Cooperate with case
management service providers to procure housing, education, and employment
services, where appropriate;

���� (4)� Pay restitution for
damages that have resulted from the offense;

���� (5)� Refrain from the use of
alcohol or illegal drugs or frequent any place where alcohol or illegal drugs
are sold and used;

���� (6)� Refrain from the
possession or use of firearms or other weapons;

���� (7)� Refrain from further
criminal activity;

���� (8)� Refrain from any contact
with a victim of the offense;

���� (9)� Cooperate with a mentor,
where assigned, and the United States Department of Veterans Affairs Justice
Outreach Specialist;

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

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

���� (12) Any other terms and
conditions related to the servicemember's recovery and public safety deemed
appropriate by the prosecutor.

���� e.��� The prosecutor shall
determine the duration of the servicemember's participation in the Veterans
Diversion Program, except that the servicemember's participation in the program
shall not exceed two years from the date of the diversion agreement. The term
of the servicemember's participation shall be based on the initial clinical
evaluation and recommendations, status reports of the servicemember's
participation, and progress reports from the case management and mental health
service providers, and, where assigned, the servicemember's mentor.

���� f.���� The servicemember shall
be responsible for coordinating with the Veterans Diversion Resource entity or
other case management and mental health service provider to ensure that the
prosecutor receives periodic reports on the servicemember's participation, cooperation
and recovery progress. The servicemember shall contact the Veterans Diversion
Resource entity or other case management and mental health service provider
within seven days of the date of the diversion agreement.

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

���� h.��� To the extent that a
sufficient number of mentors are available, the prosecutor or the case
management provider on behalf of the prosecutor, shall assign a mentor to the
eligible servicemember from the registry of mentors provided by the Department
of Military and Veterans' Affairs, except that an insufficient number of
mentors available for assignment shall not in itself prevent a prosecutor from
diverting an eligible servicemember pursuant to P.L.2017, c.42 (C.2C:43-23 et
al.).

���� i.���� The prosecutor shall
notify the United States Department of Veterans Affairs Justice Outreach
Specialist assigned to represent New Jersey when an eligible servicemember who
is a veteran has been admitted into the Veterans Diversion Program to
facilitate outreach to the servicemember.

���� j.���� If, after a minimum of
six months from the date of the diversion agreement, the prosecutor is
satisfied that the servicemember has complied with the terms and conditions of
the diversion agreement, has not been the subject of any subsequent criminal
charges, and, based on clinical reports, continues to make progress with case
management services and mental health recovery, the prosecutor may move before
the court for the dismissal of the criminal charge pending against the
servicemember and terminate the servicemember's participation in the Veterans
Diversion Program. Alternatively, the prosecutor may require that the
servicemember continue participation in the program until sufficient evidence
of progress toward recovery is available, except that continued participation
shall not exceed the two-year time limit as provided in subsection e. of this
section.

���� k.��� If, at any time, the
prosecutor finds that the servicemember has failed to comply with any term or
condition of the diversion agreement, the prosecutor may notify the court that
the State is prepared to proceed with the prosecution of the offense and the
court shall schedule court proceedings as appropriate.

���� l.���� No fee shall be
assessed to a servicemember for participation in the Veterans Diversion
Program.

���� m.��
(1)
An eligible
servicemember may be admitted to the Veterans Diversion Program one or more
times at the discretion of the prosecutor, subject to the restrictions in this
section, if such diversion promotes the servicemember's recovery, prevents the
commission of future offenses, and protects the safety of the public. Nothing
in P.L.2017, c.42 (C.2C:43-23 et al.) shall preclude an eligible servicemember
from applying for admission to a criminal justice diversion program, including
a program of supervisory treatment pursuant to N.J.S.2C:43-12, conditional
discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to
section 1 of P.L.2013, c.158 (C.2C:43-13.1), as an alternative to the Veterans
Diversion Program to the extent that the servicemember meets the eligibility
criteria and qualifies for those programs.
[
A
]
�
Except as
provided in paragraph (2) of this subsection, a
dismissal of a criminal
complaint resulting from successful participation in a Veterans Diversion
Program pursuant to this section shall bar a servicemember's subsequent
eligibility for a program of supervisory treatment pursuant to N.J.S.2C:43-12,
conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal
pursuant to section 1 of P.L.2013, c.158 (C.2C:43-13.1); however an eligible
servicemember may seek subsequent admission to the Veterans Diversion Program
and may be admitted at the sole discretion of the prosecutor.

����
(2) A dismissal of a
criminal complaint resulting from successful participation in a Veterans
Diversion Program pursuant to this section shall not bar servicemember�s
subsequent eligibility for a program of supervisory treatment pursuant to
N.J.S.2C:43-12, conditional discharge pursuant to N.J.S.2C:36A-1, or
conditional dismissal pursuant to section 1 of P.L.2013, c.158 (C.2C:43-13.1)
section if the participation in the previous program was for crimes or offenses
involving manufacturing, distributing, or dispensing, or possessing or having
under control with intent to manufacture, distribute, or dispense, marijuana or
hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5; or
obtaining, possessing, using, being under the influence of, or failing to make
lawful disposition of marijuana or hashish in violation of paragraph (3) or (4)
of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10; or a
violation involving marijuana or hashish as described herein and a violation of
N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia
with that marijuana or hashish, alone or in combination with each other; or any
disorderly persons offense or petty disorderly persons offense subject to
conditional discharge pursuant to N.J.S.2C:36A-1.

���� n.��� The dismissal of charges
based on a servicemember's successful participation in the Veterans Diversion
Program pursuant to this section shall not be deemed:

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

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

(cf: P.L.2017, c.42, s.4)

���� 5.��� This act shall take
effect on the 60
th
day following enactment and shall be retroactive
to February 22, 2021.

STATEMENT

���� This bill provides that persons
previously arrested for certain marijuana offenses who participated in
conditional discharge, supervisory treatment, or another diversion program for
first offenders would be eligible to participate in a diversion program again
if participation in the program the first time was for a marijuana offense that
is no longer unlawful.

RECENT ENACTMENTS

���� P.L.2021, c.19, enacted
February 22, 2021, decriminalized the possession of up to six ounces of
marijuana, or up to 170 grams of hashish.� The enactment provides that there
are no criminal or civil penalties for such possession.

���� The enactment also
decriminalized a first offense of manufacturing, distributing, or possessing
with intent to distribute one ounce or less of marijuana, or five grams or less
of hashish.� A first offender is subject to a written warning, which also indicates
that a subsequent offense of manufacturing, distributing, or possessing with
intent to distribute this amount of marijuana or hashish constitutes a crime of
the fourth degree.

���� P.L.2021, c.16, also enacted
February 22, 2021, legalized the manufacture, purchase, and sale of regulated
cannabis. The enactment also established the Cannabis Regulatory Commission.
Under P.L.2021, c.16, regulated cannabis will be lawful in this State when the
commission promulgates regulations.

ATTORNEY GENERAL DIRECTIVE

���� In light of the enactment of
P.L.2021, c.16 and c.19, the New Jersey Attorney General issued Directive No.
2021-1 on� February 22, 2021. It directed all prosecutors in the State to
dismiss any pending marijuana cases where the underlying offense had been
legalized. The directive further indicated that the Administrative Office of
the Courts would vacate by operation of law any guilty verdict, plea, placement
in a diversionary program, or other entry of guilt on a matter where the
conduct occurred prior to February 22, 2021. Also vacated would be any
conviction, remaining sentence, ongoing supervision, or unpaid court-ordered
financial assessment of any person serving a sentence of incarceration,
probation, parole or other form of community supervision as a result of the
person�s conviction for the offenses that had been legalized.

DIVERSIONARY PROGRAMS

���� The bill applies to the
following diversionary programs:

���� --- Conditional discharge,
N.J.S.A.2C:36A-1;

���� --- Pretrial Intervention
(PTI), N.J.S.A.2C:43-12;

���� --- Conditional dismissal in
municipal court, N.J.S.A.2C:43-13.1 et al.; and

���� --- The Veterans� Diversion
Program, N.J.S.A.2C:43-23 et seq.

���� Under current law, these
programs require that the person wishing to participate not have been a
previous participant in that particular program or in another diversionary
program.� Under the bill, previous participation in a diversionary program
would no longer bar participation on a second occasion if the first
participation was for a marijuana or hashish offense that was subsequently
decriminalized.

EFFECTIVE DATE

���� The bill would take effect on
the 60
th
day following enactment.� It is retroactive to February 22,
2021, the effective date of P.L.2021, c.19.