Bill Text: NJ S3515 | 2016-2017 | Regular Session | Introduced
Bill Title: Creates mental illness diversionary program for certain defendants; requires behavioral health training for police.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3515 Detail]
Download: New_Jersey-2016-S3515-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Creates mental illness diversionary program for certain defendants; requires behavioral health training for police.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning behavioral health and the criminal justice system and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Behavioral health issue" means a mental illness, substance use disorder, or co-occurring diagnosis of mental illness and substance use disorder.
"Eligible defendant" means a defendant who allegedly committed an eligible offense and has a prior diagnosis of mental illness or for whom a law enforcement officer or prosecutor has a reasonable belief that the person has a mental illness based on behaviors and symptoms exhibited during the commission of the crime or offense or while in custody, or based on information provided by family members or associates during the investigation of the crime or offense.
"Eligible offense" means a non-violent: petty disorderly persons offense; disorderly persons offense; crime of the fourth degree; and crime of the third degree.
"Mental illness" means a mental disorder classified within the current version of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), including, but not limited to, anxiety disorders, cognitive disorders, adjustment disorders, schizophrenia and other psychotic disorders, bipolar disorder, depression, and post-traumatic stress disorder (PTSD).
2. a. There is hereby established in the Division of Criminal Justice in the Department of Law and Public Safety a Statewide "Mental Illness Diversion Program for Defendants" to divert eligible defendants from the criminal justice system to appropriate case management and mental health services as early as possible following an interaction with a law enforcement officer if the defendant is alleged to have committed an eligible offense.
b. If a defendant is taken into custody and exhibits behaviors or symptoms that may be related to a mental illness, the law enforcement officer may proceed in accordance with the provisions of this section and guidelines or directives promulgated by the Attorney General pursuant to subsection f. of this section.
c. A law enforcement officer shall not divert an eligible defendant prior to the filing of a criminal complaint if the crime or offense involves restitution for damages, violence or the threat of violence, or the violation of any restraining order or protective order involving another person; or if a victim of the offense objects to the diversion. For the purposes of this subsection, 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 defendant 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. If a defendant is not diverted, the officer may proceed with the filing of a complaint-summons or complaint-warrant pursuant to law, the Rules of Court, or guidelines or directives promulgated by the Attorney General pursuant to subsection f. of this section.
d. If a law enforcement officer diverts an eligible defendant to a mental health service provider without filing a criminal complaint, the law enforcement officer subsequently may file the complaint, subject to the time limitations of N.J.S.2C:1-6, if the defendant fails to cooperate with the service provider or has subsequent interactions with law enforcement.
e. Prior to the commencement of court proceedings to adjudicate a crime or offense, the court shall notify all eligible defendants present in the courtroom of the eligibility for prosecutorial diversion.
f. The Attorney General shall promulgate guidelines or directives deemed necessary or appropriate to ensure the uniform application of this section throughout the State.
g. The Division of Mental Health and Addiction Services in the Department of Health shall establish a coordinating council charged with identifying available case management and mental health services to which law enforcement officers may divert eligible defendants under the Mental Illness Diversion Program for Defendants established pursuant to section 1 of this act.
3. a. The Department of Law and Public Safety, in collaboration with the Division of Mental Health and Addiction Services in the Department of Health, shall adopt or endorse a training curriculum for law enforcement officers concerning police interactions with persons with behavioral health issues.
b. The curriculum shall include information on the recognition of behavioral symptoms, as well as de-escalation and intervention techniques. The curriculum shall include, but need not be limited to, the following subjects:
(1) identification and recognition of different forms of behavioral health disorders or issues;
(2) techniques for law enforcement to intervene with, interview, de-escalate, and assess a person who may have a behavioral health issue;
(3) issues relating to suicide and prevention techniques;
(4) recognition, identification, and understanding of the main effects of commonly prescribed prescription medications used to treat those who may have a behavioral health disorder;
(5) an overview of community resources and options for treatment, including identification of local resources;
(6) methods of determining appropriate treatment options and transfer thereto in collaboration with behavioral health entities; and
(7) standards utilized in this State for involuntary commitment to inpatient and outpatient treatment.
c. The Attorney General shall issue guidelines or directives governing the training necessary under the provisions of this section.
4. This act shall take effect on the first day of the seventh month next following enactment.
STATEMENT
This bill establishes a diversionary program for certain defendants with a mental illness. The bill also requires law enforcement training for interactions with persons experiencing behavioral health issues.
Specifically, the bill establishes in the Division of Criminal Justice in the Department of Law and Public Safety a "Mental Illness Diversion Program for Defendants" to divert certain defendants from the criminal justice system to appropriate case management and mental health services as early as possible following an interaction with a law enforcement officer. The program is only available to defendants who are alleged to have committed a nonviolent petty disorderly persons offense, disorderly persons offense, or a fourth or third degree crime. These defendants are eligible for diversion if they have a prior diagnosis of mental illness or a law enforcement officer or prosecutor reasonably believes the person has a mental illness based on behaviors and symptoms exhibited during the commission of the crime or offense or while in custody, or based on information provided by family members or associates during the investigation of the crime or offense.
The bill requires the Division of Mental Health and Addiction Services in the Department of Health to establish a coordinating council to identify available case management and mental health services to which law enforcement officers may divert eligible defendants under the diversion program.
Certain defendants may not be diverted under the program, including defendant's whose crime or offense involves restitution for damages, violence or the threat of violence, or violating a restraining order. A defendant will not be diverted if a victim objects to the diversion. If a defendant is not diverted, the officer may proceed with the filing of a complaint-summons or complaint-warrant.
The bill further requires the Department of Law and Public Safety, in collaboration with the Division of Mental Health and Addiction Services, to establish a training program for law enforcement officers to educate those most likely to encounter persons in crisis about police interactions with persons with behavioral health issues.
The curriculum for the law enforcement training required by the bill is to include information on identifying and recognizing different forms of behavioral health issues; techniques for intervening with, interviewing, de-escalating, and assessing a person who may have an issue; issues relating to suicide and prevention techniques; recognizing, identifying, and understanding the main effects of commonly prescribed prescription medications used to treat those who may have a behavioral health issue; community resources and options for treatment, including identification of local resources; methods of determining appropriate treatment options; and standards utilized in this State for involuntary commitment to inpatient and outpatient treatment.
The Attorney General is required to issue guidelines or directives governing the diversion program and law enforcement training required under the bill.
