TRENTON, NJ – Controversial legislation, S-524, was passed yesterday by the New Jersey Senate, raising concerns from Senator Joe Pennacchio (R-26) about its potential impact on public safety and the justice system.
Senator Pennacchio criticized the bill for giving prosecutors the power to divert offenders, including those accused of violent crimes, into a Mental Health Diversion Program prior to prosecution, bypassing judicial oversight. He warned that this could lead to offenders avoiding jail time, having their records expunged, and potentially reentering the program multiple times without limits.
The Mental Health Diversion Program, as proposed, would allow prosecutors to divert individuals diagnosed with mental disorders, including common conditions like depression, away from the criminal justice system. Decisions about eligibility for the program would not involve medical professionals or the court but would instead be made by social workers, possibly remotely.
Key features of the bill include allowing prosecutors to decide on the eligibility of various crimes, including violent ones, for the program, and mandating graduation ceremonies for offenders with subsequent eligibility for criminal record expungement. The bill does not specify consequences for failing the program nor limits on reentry.
The Senate Budget and Appropriations Committee has reported favorably on the bill, emphasizing its goals to reduce incarceration rates, improve the quality of life for individuals with serious mental disorders, and enhance public safety by reducing recidivism. The program, initially starting in three vicinages, is intended to expand statewide.