Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

S4149

SENATE, No. 4149

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� JOSEPH P. CRYAN

District 20 (Union)

SYNOPSIS

���� Upgrades penalties for certain crimes involving
heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows
certain defendants to be eligible for drug court.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
certain controlled dangerous
substances, amending various parts of the statutory law and supplementing
chapter 35 of Title 2C of the New Jersey Statutes.

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

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

���� 2C:35-2.� As used in this
chapter:

���� "Administer" means
the direct application of a controlled dangerous substance or controlled
substance analog, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by: (1) a practitioner, or,
in the practitioner's presence, by the practitioner's lawfully authorized
agent, or (2) the patient or research subject at the lawful direction and in
the presence of the practitioner.

����
�Adulterants or dilutants�
means substances which are mixed or combined with a controlled dangerous
substance and any medium which is used to carry a controlled dangerous
substance, if the controlled dangerous substance is not readily removable from
the medium. The terms include, but are not limited to, blotter paper, stamps or
cigarettes.

���� "Agent" means an
authorized person who acts on behalf of or at the direction of a manufacturer,
distributor, or dispenser but does not include a common or contract carrier,
public warehouseman, or employee thereof.

���� "Controlled dangerous
substance" means a drug, substance, or immediate precursor in Schedules I
through V, marijuana and hashish as defined in this section, any substance the
distribution of which is specifically prohibited in N.J.S.2C:35-3, in section 3
of P.L.1997, c.194 (C.2C:35-5.2), in section 5 of P.L.1997, c.194
(C.2C:35-5.3), in section 2 of P.L.2011, c.120 (C.2C:35-5.3a), or in section 2
of P.L.2013, c.35 (C.2C:35-5.3b), and any drug or substance which, when
ingested, is metabolized or otherwise becomes a controlled dangerous substance
in the human body. When any statute refers to controlled dangerous substances,
or to a specific controlled dangerous substance, it shall also be deemed to
refer to any drug or substance which, when ingested, is metabolized or
otherwise becomes a controlled dangerous substance or the specific controlled
dangerous substance, and to any substance that is an immediate precursor of a
controlled dangerous substance or the specific controlled dangerous substance.�
The term shall not include distilled spirits, wine, malt beverages, as those
terms are defined or used in R.S.33:1-1 et seq., tobacco and tobacco products,
or cannabis and cannabis as defined in section 3 of P.L.2021, c.16
(C.24:6I-33).� The term, wherever it appears in any law or administrative
regulation of this State, shall include controlled substance analogs.

���� "Controlled substance
analog" means a substance that has a chemical structure substantially
similar to that of a controlled dangerous substance and that was specifically
designed to produce an effect substantially similar to that of a controlled
dangerous substance.� The term shall not include a substance manufactured or
distributed in conformance with the provisions of an approved new drug
application or an exemption for investigational use within the meaning of
section 505 of the "Federal Food, Drug and Cosmetic Act," 52 Stat.
1052 (21 U.S.C. s.355).

���� "Counterfeit
substance" means a controlled dangerous substance or controlled substance
analog which, or the container or labeling of which, without authorization,
bears the trademark, trade name, or other identifying mark, imprint, number, or
device, or any likeness thereof, of a manufacturer, distributor, or dispenser
other than the person or persons who in fact manufactured, distributed, or
dispensed the substance and which thereby falsely purports or is represented to
be the product of, or to have been distributed by, such other manufacturer,
distributor, or dispenser.

���� "Deliver" or
"delivery" means the actual, constructive, or attempted transfer from
one person to another of a controlled dangerous substance or controlled
substance analog, whether or not there is an agency relationship.

���� "Dispense" means to
deliver a controlled dangerous substance or controlled substance analog to an
ultimate user or research subject by or pursuant to the lawful order of a
practitioner, including the prescribing, administering, packaging, labeling, or
compounding necessary to prepare the substance for that delivery.
"Dispenser" means a practitioner who dispenses.

���� "Distribute" means
to deliver other than by administering or dispensing a controlled dangerous
substance or controlled substance analog.� "Distributor" means a
person who distributes.

���� "Drugs" means (1)
substances recognized in the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, or official National Formulary,
or any supplement to any of them; and (2) substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in man or
other animals; and (3) substances, other than food, intended to affect the
structure or any function of the body of man or other animals; and (4)
substances intended for use as a component of any substance specified in (1),
(2), and (3) of this definition; but does not include devices or their
components, parts, or accessories.� The term "drug" also does not
include:� hemp and hemp products cultivated, handled, processed, transported,
or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019,
c.238 (C.4:28-6 et al.); cannabis as defined in section 3 of P.L.2021, c.16
(C.24:6I-31 et al.) which is cultivated and produced for use in a cannabis
item, as defined in that section, in accordance with the "New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act," P.L.2021, c.16 (C.24:6I-31 et al.); and cannabis resin as defined in
that section 3 (C.24:6I-33) which is extracted for use in a cannabis item, as
defined in that section, in accordance with that act.

���� "Hashish" means the
resin extracted from any part of the plant Cannabis sativa L. and any compound,
manufacture, salt, derivative, mixture, or preparation of such resin.�
"Hashish" shall not mean:� hemp and hemp products cultivated, handled,
processed, transported, or sold pursuant to the "New Jersey Hemp Farming
Act," P.L.2019, c.238 (C.4:28-6 et al.); or cannabis resin as defined in
section 3 of P.L.2021, c.16 (C.24:6I-33) which is extracted for use in a
cannabis item, as defined in that section, in accordance with the "New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).

����
�Heroin mixture� means a
substance containing heroin, or its analog, and at least one other controlled
dangerous substance classified as a narcotic drug or its analog that have been
combined by any means so that the injection, inhalation, or ingestion of the
mixture would result in the consumption of two or more controlled dangerous
substances or analogs.

���� "Immediate
precursor" means a substance which the Division of Consumer Affairs in the
Department of Law and Public Safety has found to be and by regulation
designates as being the principal compound commonly used or produced primarily
for use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled dangerous substance or controlled
substance analog, the control of which is necessary to prevent, curtail, or
limit such manufacture.

���� "Manufacture" means
the production, preparation, propagation, compounding, conversion, or
processing of a controlled dangerous substance or controlled substance analog,
either directly or by extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the substance or
labeling or relabeling of its container, except that this term does not include
the preparation or compounding of a controlled dangerous substance or
controlled substance analog by an individual for the individual's own use or
the preparation, compounding, packaging, or labeling of a controlled dangerous
substance:� (1) by a practitioner as an incident to the practitioner
administering or dispensing� a controlled dangerous substance or controlled
substance analog in the course of� the practitioner's professional practice, or
(2) by a practitioner, or under the practitioner's supervision, for the purpose
of, or as an incident to, research, teaching, or chemical analysis and not for
sale.

���� "Marijuana" means
all parts of the plant Cannabis sativa L., whether growing or not; the seeds
thereof, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant or its seeds, except those containing resin extracted
from the plant.� "Marijuana" shall not mean:� hemp and hemp products
cultivated, handled, processed, transported, or sold pursuant to the "New
Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.); or cannabis
as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) which is cultivated and
produced for use in a cannabis item, as defined in that section, in accordance
with the "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).

���� "Narcotic drug"
means any of the following, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:

���� (1)�� Opium, coca leaves, and
opiates;

���� (2)�� A compound, manufacture,
salt, derivative, or preparation of opium, coca leaves, or opiates;

���� (3)�� A substance, and any
compound, manufacture, salt, derivative, or preparation thereof, which is
chemically identical with any of the substances referred to in (1) and (3) of
this definition, except that the words "narcotic drug" as used in
this act shall not include decocainized coca leaves or extracts of coca leaves,
which extracts do not contain cocaine or ecogine.

���� "Opiate" means any
dangerous substance having substance use disorder-forming or substance use
disorder-sustaining liability similar to morphine or being capable of
conversion into a drug having such substance use disorder-forming or substance
use disorder-sustaining liability. "Opiate" does not include, unless
specifically designated as controlled pursuant to the provisions of section 3
of P.L.1970, c.226 (C.24:21-3), the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan "Opiate"
includes its racemic and levorotatory forms.

���� "Opium poppy" means
the plant of the species Papaver somniferum L., except the seeds thereof.

���� "Person" means any
corporation, association, partnership, trust, other institution or entity, or
one or more individuals.

���� "Person with a substance
use disorder" means a person who as a result of using a controlled
dangerous substance or controlled substance analog or alcohol has been in a
state of psychic or physical dependence, or both, arising from the use of that
controlled dangerous substance or controlled substance analog or alcohol on a
continuous or repetitive basis.� Substance use disorder is characterized by
behavioral and other responses, including, but not limited to, a strong
compulsion to take the substance on a recurring basis in order to experience
its psychic effects, or to avoid the discomfort of its absence.

���� "Plant" means an
organism having leaves and a readily observable root formation, including, but
not limited to, a cutting having roots, a rootball or root hairs.

���� "Poppy straw" means
all parts, except the seeds, of the opium poppy, after mowing.

���� "Practitioner" means
a physician, dentist, veterinarian, scientific investigator, laboratory,
pharmacy, hospital, or other person licensed, registered, or otherwise
permitted to distribute, dispense, conduct research with respect to, or administer
a controlled dangerous substance or controlled substance analog in the course
of professional practice or research in this State.� As used in this
definition:

���� (1)�� "Physician"
means a physician authorized by law to practice medicine in this or any other
state and any other person authorized by law to treat sick and injured human
beings in this or any other state.

���� (2)�� "Veterinarian"
means a veterinarian authorized by law to practice veterinary medicine in this
State.

���� (3)�� "Dentist"
means a dentist authorized by law to practice dentistry in this State.

���� (4)�� "Hospital"
means any federal institution, or any institution for the care and treatment of
the sick and injured, operated or approved by the appropriate State department
as proper to be entrusted with the custody and professional use of controlled
dangerous substances or controlled substance analogs.

���� (5)�� "Laboratory"
means a laboratory to be entrusted with the custody of narcotic drugs and the
use of controlled dangerous substances or controlled substance analogs for
scientific, experimental, and medical purposes and for purposes of instruction
approved by the Department of Health.

���� "Prescription legend
drug" means any drug which under federal or State law requires dispensing
by prescription or order of a licensed physician, veterinarian, or dentist and
is required to bear the statement "Rx only" or similar wording
indicating that such drug may be sold or dispensed only upon the prescription
of a licensed medical practitioner and is not a controlled dangerous substance
or stramonium preparation.

���� "Production"
includes the manufacture, planting, cultivation, growing, or harvesting of a
controlled dangerous substance or controlled substance analog.

���� "Residential treatment
facility" means any facility licensed and approved by the Department of
Human Services and which is approved by any county probation department for the
inpatient treatment and rehabilitation of persons with a substance use
disorder.

���� "Schedules I, II, III,
IV, and V" are the schedules set forth in sections 5 through 8 of
P.L.1970, c.226 (C.24:21-5 through 24:21-8) and in section 4 of P.L.1971, c.3
(C.24:21-8.1) and as modified by any regulations issued by the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety
pursuant to the director's authority as provided in section 3 of P.L.1970,
c.226 (C.24:21-3).

���� "State" means the
State of New Jersey.

���� "Stramonium
preparation" means a substance prepared from any part of the stramonium
plant in the form of a powder, pipe mixture, cigarette, or any other form with
or without other ingredients.

���� "Stramonium plant"
means the plant Datura Stramonium Linne, including Datura Tatula Linne.

���� "Ultimate user"
means a person who lawfully possesses a controlled dangerous substance or
controlled substance analog for the person's own use or for the use of a member
of the person's household or for administration to an animal owned by the person
or by a member of the person's household.

(cf: P.L.2023, c.177, s.6)

���

���� 2.� N.J.S.2C:35-5 is amended
to read as follows:

���� 2C:35-5.���� Manufacturing,
Distributing or Dispensing. a. Except as authorized by P.L.1970, c.226
(C.24:21-1 et seq.), it shall be unlawful for any person knowingly or
purposely:

���� (1)�� To manufacture,
distribute or dispense, or to possess or have under his control with intent to
manufacture, distribute or dispense, a controlled dangerous substance or
controlled substance analog; or

���� (2)�� To create, distribute,
or possess or have under his control with intent to distribute, a counterfeit
controlled dangerous substance.

���� b.��� Any person who violates
subsection a. with respect to:

���� (1)�
(a)
Heroin, or its
analog, or
[
coca
]

a heroin
mixture that does not contain fentanyl or its analog, in a quantity of 10 grams
or more including any adulterants or dilutants;

����
(b) Fentanyl, or its
analog, or a heroin mixture that contains fentanyl or its analog, in a quantity
of five grams or more including any adulterants or dilutants; or

����
(c) Coca
leaves and any
salt, compound, derivative, or preparation of coca leaves, and any salt,
compound, derivative, or preparation thereof which is chemically equivalent or
identical with any of these substances, or analogs, except that the substances
shall not include decocainized coca leaves or extractions which do not contain
cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or
3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including
any adulterants or dilutants is guilty of a crime of the first degree.�
[
The
]

For any
violation of this paragraph, the
defendant shall, except as provided in
N.J.S.2C:35-12, be sentenced to a term of imprisonment by the court.� The term
of imprisonment shall include the imposition of a minimum term which shall be
fixed at, or between, one-third and one-half of the sentence imposed, during
which the defendant shall be ineligible for parole.� Notwithstanding the
provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000 may be
imposed;

���� (2)� A substance referred to
in
subparagraph (a) of
paragraph (1) of this subsection, in a quantity
of
[
one-half
ounce
]

five grams
or more but less than
[
five
ounces,
]

10 grams
including any adulterants or dilutants,
and a substance
referred to in subparagraph (b) of paragraph (1) of this subsection, in a
quantity of two grams or more but less than five grams including any
adulterants or dilutants, and a substance referred to in subparagraph (c) of
paragraph (1) of this subsection, in a quantity of one-half ounce or more but
less than five ounces including any adulterants or dilutants,
is guilty of
a crime of the second degree;

���� (3)� A substance referred to
in
subparagraph (a) of paragraph (1) of this subsection, in a quantity less
than five grams including any adulterants or dilutants, and a substance
referred to in subparagraph (b) of paragraph (1) of this subsection, in a
quantity of less than two grams including any adulterants or dilutants, and a
substance referred to in subparagraph (c) of
paragraph (1) of this
subsection in a quantity less than one-half ounce including any adulterants or
dilutants is guilty of a crime of the third degree except that, notwithstanding
the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00
may be imposed;

���� (4)�� A substance classified
as a narcotic drug in Schedule I or II other than those specifically covered in
this section, or the analog of any such substance, in a quantity of one ounce
or more including any adulterants or dilutants is guilty of a crime of the
second degree;

���� (5)�� A substance classified
as a narcotic drug in Schedule I or II other than those specifically covered in
this section, or the analog of any such substance, in a quantity of less than
one ounce including any adulterants or dilutants is guilty of a crime of the
third degree except that, notwithstanding the provisions of subsection b. of
N.J.S.2C:43-3, a fine of up to $75,000 may be imposed;

���� (6)�� Lysergic acid
diethylamide, or its analog, in a quantity of 100 milligrams or more including
any adulterants or dilutants, or phencyclidine, or its analog, in a quantity of
10 grams or more including any adulterants or dilutants, is guilty of a crime
of the first degree. Except as provided in N.J.S.2C:35-12, the court shall
impose a term of imprisonment which shall include the imposition of a minimum
term, fixed at, or between, one-third and one-half of the sentence imposed by
the court, during which the defendant shall be ineligible for parole.
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up
to $500,000 may be imposed;

���� (7)�� Lysergic acid
diethylamide, or its analog, in a quantity of less than 100 milligrams
including any adulterants or dilutants, or where the amount is undetermined, or
phencyclidine, or its analog, in a quantity of less than 10 grams including any
adulterants or dilutants, or where the amount is undetermined, is guilty of a
crime of the second degree;

���� (8)�� Methamphetamine, or its
analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more
including any adulterants or dilutants is guilty of a crime of the first
degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a
fine of up to $300,000 may be imposed;

���� (9) (a) Methamphetamine, or
its analog, or phenyl-2-propanone (P2P), in a quantity of one-half ounce or
more but less than five ounces including any adulterants or dilutants is guilty
of a crime of the second degree;

���� (b)�� Methamphetamine, or its
analog, or phenyl-2-propanone (P2P), in a quantity of less than one-half ounce
including any adulterants or dilutants is guilty of a crime of the third degree
except that notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a
fine of up to $75,000 may be imposed;

���� (10) (a) Marijuana in a
quantity of 25 pounds or more including any adulterants or dilutants, or 50 or
more marijuana plants, regardless of weight, or hashish in a quantity of five
pounds or more including any adulterants or dilutants, is guilty of a crime of
the first degree.� Notwithstanding the provisions of subsection a. of
N.J.S.2C:43-3, a fine of up to $300,000 may be imposed;

���� (b)�� Marijuana in a quantity
of five pounds or more but less than 25 pounds including any adulterants or
dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of
weight, or hashish in a quantity of one pound or more but less than five pounds,
including any adulterants
[
and
]

or

dilutants, is guilty of a crime of the second degree;

���� (11) (a) Prior to the
effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), marijuana in a quantity
of one ounce or more but less than five pounds including any adulterants or
dilutants, or hashish in a quantity of five grams or more but less than one pound
including any adulterants or dilutants, is guilty of a crime of the third
degree except that, notwithstanding the provisions of subsection b. of
N.J.S.2C:43-3, a fine of up to $25,000 may be imposed;

���� (b)�� On and after the
effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), marijuana in a quantity
of more than one ounce but less than five pounds including any adulterants or
dilutants, or hashish in a quantity of more than five grams but less than one pound
including any adulterants or dilutants, is guilty of a crime of the third
degree except that, notwithstanding the provisions of subsection b. of
N.J.S.2C:43-3, a fine of up to $25,000 may be imposed;

���� (12) (a) Prior to the
effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), marijuana in a quantity
of less than one ounce including any adulterants or dilutants, or hashish in a
quantity of less than five grams including any adulterants or dilutants, is
guilty of a crime of the fourth degree;

���� (b)�� On and after the
effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), marijuana in a quantity
of one ounce or less including any adulterants or dilutants, or hashish in a
quantity of five grams or less including any adulterants or dilutants, is, for
a first offense, subject to a written warning, which also indicates that any
subsequent violation is a crime punishable by a term of imprisonment, a fine,
or both, and for a second or subsequent offense, is guilty of a crime of the
fourth degree;

���� (i)��� The odor of marijuana
or hashish, or burnt marijuana or hashish, shall not constitute reasonable
articulable suspicion to initiate a search of a person to determine a violation
of subparagraph (b) of paragraph (12) of this subsection.� A person who violates
this subparagraph shall not be subject to arrest, detention, or otherwise be
taken into custody, unless the person is being arrested, detained, or otherwise
taken into custody for also committing another violation of law for which that
action is legally permitted or required;

���� (ii)�� A person shall not be
deprived of any legal or civil right, privilege, benefit, or opportunity
provided pursuant to any law solely by reason of committing a violation of
subparagraph (b) of paragraph (12) of this subsection, nor shall committing one
or more violations modify any legal or civil right, privilege, benefit, or
opportunity provided pursuant to any law, including, but not limited to, the
granting, renewal, forfeiture, or denial of a license, permit, or
certification, qualification for and the receipt, alteration, continuation, or
denial of any form of financial assistance, housing assistance, or other social
services, rights of or custody by a biological parent, or adoptive or foster
parent, or other legal guardian of a child or newborn infant, or pregnant
woman, in any action or proceeding by the Division of Child Protection and
Permanency in the Department of Children and Families, or qualification,
approval, or disapproval to serve as a foster parent or other legal guardian;

���� (iii) All local and county law
enforcement authorities shall, following the submission process used for the
uniform crime reporting system established by P.L.1966, c.37 (C.52:17B-5.1 et
seq.), submit a quarterly report to the Uniform Crime Reporting Unit, within
the Division of State Police in the Department of Law and Public Safety, or to
another designated recipient determined by the Attorney General, containing the
number of violations of subparagraph (b) of paragraph (12) of this subsection
committed within their respective jurisdictions, plus the race, ethnicity,
gender, and age of each person committing a violation, and the disposition of
each person's violation.� These violations and associated information, along
with a quarterly summary of violations investigated, and associated information
collected, by the Division of State Police for the same period shall be
summarized by county and municipality in an annual report, and both quarterly
summaries and annual reports shall be made available at no cost to the public
on the Division of State Police's Internet website;

���� (13) Any other controlled
dangerous substance classified in Schedule I, II, III or IV, or its analog, is
guilty of a crime of the third degree, except that, notwithstanding the
provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may be
imposed; or

���� (14) Any Schedule V substance,
or its analog, is guilty of a crime of the fourth degree except that,
notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up
to $25,000 may be imposed.

���� c.���� Where the degree of the
offense for violation of this section depends on the quantity of the substance,
the quantity involved shall be determined by the trier of fact, other than with
respect to a first violation of subparagraph (b) of paragraph (12) of subsection
b. of this section which is subject to a written warning as set forth in that
subparagraph.� Where the indictment or accusation so provides, the quantity
involved in individual acts of manufacturing, distribution, dispensing or
possessing with intent to distribute may be aggregated in determining the grade
of the offense, whether distribution or dispensing is to the same person or
several persons, provided that each individual act of manufacturing,
distribution, dispensing or possession with intent to distribute was committed
within the applicable statute of limitations.

(cf: P.L.2021, c.19, s.1)

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

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

���� a.���� Any person who is
ineligible for probation due to a conviction for a crime which is subject to a
presumption of incarceration or a mandatory minimum period of parole
ineligibility may be sentenced to a term of special probation in accordance
with this section, and may not apply for treatment for substance use disorder
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 treatment for substance use disorder 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 person with a
substance use disorder who is subject to sentencing under this section is
convicted of or adjudicated delinquent for an offense, other than one described
in subsection b. of this section, the court, upon notice to the prosecutor, may,
on motion of the person, or on the court's own motion, place the person on
special probation, which shall be for a term of 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 has a substance use disorder and would benefit from treatment; and

���� (2)�� the person has a
substance use disorder within the meaning of N.J.S.2C:35-2 and was with a
substance use disorder 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 substance use disorder; and

���� (4)�� substance use� disorder
treatment and monitoring will serve to benefit the person by addressing the
person's substance use disorder 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 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 has a substance use disorder and would benefit from treatment.� The
court shall give priority to a person who has moved to be sentenced to special
probation over a person who is being considered for a sentence to special
probation on the court's own motion or in accordance with the provisions of
section 2 of P.L.2012, c.23 (C.2C:35-14.2).

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

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

���� (1)�� a crime of the first
degree,
except as provided in section 4 of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill)
;

���� (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, N.J.S.2C:18-2, burglary, or section 2 of P.L.2024, c.83 (C.2C:18-2.2),
residential 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 special probation under this section shall be
committed to the custody of a residential substance use� disorder treatment
facility licensed and approved by the Division of Mental Health and Addiction
Services in the Department of Human Services.� Subject to the authority of the
court to temporarily suspend imposition of all or any portion of the term of
commitment to a residential treatment facility pursuant to subsection j. of
this section, the person shall be committed to the residential treatment
facility immediately, unless the facility cannot accommodate the person, in which
case the person shall be incarcerated to await commitment to the residential
treatment facility.� The term of such commitment shall be for a minimum of six
months, or until the court, upon recommendation of the treatment provider,
determines that the person has successfully completed the residential treatment
program, whichever is later, except that no person shall remain in the custody
of a residential treatment facility pursuant to this section for a period in
excess of five years.� Upon successful completion of the required residential
treatment program, the person shall complete the period of special probation,
as authorized by subsection a. of this section, with credit for time served for
any imprisonment served as a condition of probation and credit for each day
during which the person satisfactorily complied with the terms and conditions
of special probation while committed pursuant to this section to a residential
treatment facility.� Except as otherwise provided in subsection l. of this
section, the person shall not be eligible for early discharge of special
probation pursuant to N.J.S.2C:45-2, or any other provision of the law.� The
court, in determining the number of credits for time spent in residential
treatment, shall consider the recommendations of the treatment provider.� A
person placed into a residential treatment facility pursuant to this section
shall be deemed to be subject to official detention for the purposes of
N.J.S.2C:29-5 (escape).

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

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

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

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

���� (4)�� If the court permanently
revokes the person's special probation pursuant to this subsection, the court
shall impose any sentence that might have been imposed, or that would have been
required to be imposed, originally for the offense for which the person was
convicted or adjudicated delinquent.� The court shall conduct a de novo review
of any aggravating and mitigating factors present at the time of both original
sentencing and resentencing.� 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 special probation
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 special probation pursuant to
this section, the court shall order the person to comply with such additional
terms and conditions, including but not limited to more frequent drug or alcohol
testing, as are necessary to deter and promptly detect any further violation.

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

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

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

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

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

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

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

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

���� If the prosecutor objects to
the court's decision to suspend the commitment of the person to a residential
treatment facility pursuant to this subsection, the sentence of special
probation imposed pursuant to this section shall not become final for 10 days
in order to permit the appeal by the prosecution of the court's decision.

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

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

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

���� (2)�� The probation department
or other appropriate agency shall immediately notify the court and the
prosecutor in the event that the person fails or refuses to submit to a drug or
alcohol test, knowingly defrauds the administration of a drug or alcohol 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 or alcohol
test, goes into hiding, or leaves the State with a purpose of avoiding
supervision, the court shall permanently revoke the person's special probation.

���� l.���� If the court finds that
the person has made exemplary progress in the course of treatment, the court
may, upon recommendation of the person's supervising probation officer or on
the court's own motion, and upon notice to the prosecutor, grant early discharge
from a term of special probation provided that the person: (1) has
satisfactorily completed the treatment program ordered by the court; (2) has
served at least two years of special probation; (3) within the preceding 12
months, did not commit a substantial violation of any term or condition of
special probation, including but not limited to a positive urine test, which
shall only constitute a violation for a person using medication-assisted
treatment as defined in paragraph (7) of subsection f. of this section if the
positive test is unrelated to the person's medication-assisted treatment; and
(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
special probation as provided in this section, regardless of whether the person
was sentenced to special probation 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 use disorder treatment program as ordered by the court and was not
convicted of any crime, or adjudged a disorderly person or petty disorderly
person, during the term of special probation.� The provisions of N.J.S.2C:52-7
through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this
paragraph and no fee shall be charged to a person eligible for relief pursuant
to this paragraph.� The court 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 special probation as provided in this section, regardless of whether the
person was sentenced to special probation 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 special probation by presenting an
application to the Superior Court in the county in which the person was
sentenced to special probation, 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 special probation 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 special probation 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 relief pursuant to this paragraph.

���� (6) (a) A person who is not
eligible for expungement relief pursuant to paragraph (1) or (5) of this
subsection because of a conviction occurring prior to, on, or after the
effective date of P.L.2021, c.460, for any offense set forth in paragraph (2)
of subsection a. of N.J.S.2C:24-4, involving endangering the welfare of a
child, which is barred from expungement pursuant to subsection b. of
N.J.S.2C:52-2 and therefore renders the person ineligible under those
paragraphs, may be eligible to seek expungement relief pursuant to this
paragraph.� The person shall have been successfully discharged from a term of
special probation as provided in this section, regardless of whether the person
was sentenced to special probation under this section, section 2 of P.L.2012,
c.23 (C.2C:35-14.2), or N.J.S.2C:45-1, for a period of at least 10 years prior
to seeking 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
special probation.� The person shall present an application to the Superior
Court in the county in which the person was sentenced to special probation,
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.� A person shall not be eligible to
apply for an expungement under this paragraph if that person was convicted of
any offense barred from expungement pursuant to subsection b. or c. of
N.J.S.2C:52-2, other than a conviction for endangering the welfare of a child
under paragraph (2) of subsection a. of N.J.S.2C:24-4, which crime is also
determined by the court, based upon a review by the prosecutor in accordance
with subparagraph (b) of this paragraph, to have been nonviolent with respect
to the facts and elements of the criminal act, or if that person has been
convicted of any crime or offense since the date of discharge from special
probation.� 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, any conviction
for endangering the welfare of a child reviewed by the prosecutor and found to
be violent, 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 special probation 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 relief pursuant to this paragraph.

���� (b)�� The prosecutor, when
reviewing a conviction for endangering the welfare of a child under paragraph
(2) of subsection a. of N.J.S.2C:24-4 as to whether the facts and elements of
the criminal act were nonviolent and therefore do not prevent, as to this conviction,
a person's eligibility for expungement relief under this paragraph, shall
consider any act which falls under the following definitions to be violent
acts, and render the person ineligible for expungement relief:

���� any act of "abuse,"
as defined in R.S.9:6-1, that is specifically listed in part (c) of the
definition, employing or permitting a child to be employed in any occupation,
employment or vocation dangerous to the morals of such child; part (e) of the
definition, the performing of any indecent, immoral or unlawful act or deed, in
the presence of a child, that may tend to debauch or endanger or degrade the
morals of the child; part (f) of the definition, permitting or allowing any
other person to perform any indecent, immoral or unlawful act in the presence
of the child that may tend to debauch or endanger the morals of such child; or
part (g) of the definition, using excessive physical restraint on the child
under circumstances which do not indicate that the child's behavior is harmful
to himself, others or property;

���� any act of
"cruelty," as defined in R.S.9:6-1; and

���� any act resulting in an
"abused or neglected child," as defined by subsection c. of section 1
of P.L.1974, c.119 (C.9:6-8.21), that is specifically listed in paragraph (1)
of the definition, inflicting or allowing to be inflicted upon such child
physical injury by other than accidental means which causes or creates a
substantial risk of death, or serious or protracted disfigurement, or
protracted impairment of physical or emotional health or protracted loss or
impairment of the function of any bodily organ; paragraph (2) of the
definition, creating or allowing to be created a substantial or ongoing risk of
physical injury to such child by other than accidental means which would be
likely to cause death or serious or protracted disfigurement, or protracted
loss or impairment of the function of any bodily organ; paragraph (3) of the
definition, committing or allowing to be committed an act of sexual abuse
against the child; subparagraph (b) of paragraph (4) of the definition, solely
as to a child whose physical, mental, or emotional condition has been impaired
or is in imminent danger of becoming impaired as the result of the failure of
the child's parent or guardian to exercise a minimum degree of care in
providing the child with proper supervision or guardianship, by unreasonably
inflicting or allowing to be inflicted excessive corporal punishment, or the
substantial risk thereof; paragraph (6) of the definition, for a child upon
whom excessive physical restraint has been used under circumstances which do not
indicate that the child's behavior is harmful to himself, others, or property;
or paragraph (7) of the definition, for a child who is in an institution and,
pursuant to subparagraph (a) of that paragraph, has been placed there
inappropriately for a continued period of time with the knowledge that the
placement has resulted or may continue to result in harm to the child's mental
or physical well-being or, pursuant to subparagraph (b) of that paragraph, who
has been willfully isolated from ordinary social contact under circumstances
which indicate emotional or social deprivation.

(cf: P.L.2024, c.83, s.6)

���� 4. �(New section) �A person
convicted of a crime of the first degree in violation of N.J.S.2C:35-5 may be
sentenced to special probation pursuant to N.J.S.2C:35-14 provided that the
defendant would be eligible for special probation under N.J.S.2C:35-14 but for
having been convicted of the crime of the first degree, and further provided
that the court is clearly convinced and finds on the record that the defendant
has established that he is not a drug profiteer or wholesale drug distributor
within the meaning of subsection b. of N.J.S.2C:35A-3.

���� 5. �This act shall take effect
immediately and shall be applicable to offenses committed on and after the
effective date of this act.

STATEMENT

���� This bill would upgrade the
penalties for certain crimes involving heroin and fentanyl. The bill also
establishes new crimes addressing two types of �heroin mixtures�: heroin
mixtures with fentanyl, and heroin mixtures without fentanyl.� A heroin mixture
as defined in the bill is heroin mixed with at least one other controlled
dangerous substance. In addition, the bill allows certain defendants convicted
of drug crimes +to be eligible for drug court.

���� Heroin;
Heroin Mixtures Containing CDS other Than Fentanyl
.� Currently, it is a
crime of the first degree to manufacture, distribute, or dispense heroin or its
analog in a quantity of five ounces or more including any adulterants or
dilutants. The defendant must also be sentenced to a mandatory minimum term of one-third
to one-half of the sentence imposed, during which the defendant is ineligible
for parole, and a fine of up to $500,000.� It is a crime of the second degree
if the quantity of heroin or its analog is one-half ounce or more but less than
five ounces including any adulterants or dilutants.� It is a crime of the third
degree if the quantity is less than one-half ounce including any adulterants or
dilutants.� The penalty for the third degree crime includes an increased fine
of up to $75,000.

���� Under the bill, it would be a
crime of the first degree to manufacture, distribute, or dispense heroin or its
analog, or a heroin mixture that does not contain fentanyl or its analog, in a
quantity of 10 grams or more including any adulterants or dilutants.� It would
be a crime of the second degree to manufacture, distribute, or dispense heroin
or its analog including adulterants or dilutants in a quantity of five grams or
more but less than 10 grams.� If the quantity is less than five grams it would
be a crime of the third degree, with an increased fine of up to $75,000.

���� Fentanyl;
Heroin Mixtures Containing Fentanyl.
Currently, it is a crime of the
second degree to unlawfully manufacture, distribute, or dispense fentanyl or
its analog in a quantity of one ounce or more including any adulterants or
dilutants.� It is a crime of the third degree if the quantity is less than one
ounce, except that an increased fine of up to $75,000 may be imposed.� Under
the bill, it would be a crime of the first degree to unlawfully manufacture,
distribute, or dispense fentanyl or its analog, or a heroin mixture that
contains fentanyl or its analog, in a quantity of five grams or more including
any adulterants or dilutants.� It would be a crime of the second degree if the
quantity of fentanyl or its analog or a heroin mixture that contains fentanyl
or its analog is two grams or more but less than five grams including any
adulterants or dilutants. It would be a crime of the third degree, with an
increased fine of up to $75,000, if the quantity of fentanyl or its analog or a
heroin mixture that contains fentanyl or its analog is less than two grams
including any adulterants or dilutants.

���� New
Definitions
.� The bill adds definitions of the terms �heroin mixture�
and �adulterants or dilutants.�

���� Under the bill, a �heroin
mixture� is a substance containing heroin, or its analog, and at least one
other controlled dangerous substance classified as a narcotic drug or its
analog that have been combined by any means so that the injection, inhalation, or
ingestion of the mixture would result in the consumption of two or more
controlled dangerous substances or analogs.

���� ��Adulterants or dilutants�
are substances which are mixed or combined with a controlled dangerous
substance and any medium which is used to carry a controlled dangerous
substance, if the controlled dangerous substance is not readily removable from
the medium. The terms include, but are not limited to, blotter paper, stamps or
cigarettes.

����
Drug Court.
� Under the provisions of N.J.S.2C:35-14, a drug
or alcohol dependent person convicted of certain offenses may be placed on a
five-year term of special probation (drug court) in lieu of incarceration. As a
condition of special probation, the court will order the person to enter a
residential treatment program at a licensed facility or a program of
nonresidential treatment by a licensed and approved treatment provider.�
Persons convicted of a crime of the first degree are ineligible to be sentenced
to special probation under the current statute.� Under the bill, certain
categories of such persons would be eligible to be sentenced to special
probation.

���� The bill provides that a
person convicted of a crime of the first degree in violation of N.J.S.2C:35-5
(manufacturing, distributing or dispensing) may be sentenced to special
probation provided that the defendant would be eligible for special probation under
N.J.S.2C:35-14 but for having been convicted of the crime of the first degree,
and further provided that the court is clearly convinced and finds on the
record that the defendant has established that he is not a drug profiteer or
wholesale drug distributor within the meaning of subsection b. of
N.J.S.2C:35A-3.