N.J. Stat. tit. 2C, ch. 43

in effect

N.J. Stat. § 2C:43-1 Degrees of crimes

2C:43-1. Degrees of Crimes. a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows: (1) Crimes of the first degree; (2) Crimes of the second degree; (3) Crimes of the third degree; and (4) Crimes of the fourth degree. A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree. b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree. Except as provided in sections 2C:1-4c. and 2C:1-5b. and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree. L.1978, c.95; amended by L. 1979, c. 178, s. 81; 1987, c. 106, s. 8.

N.J. Stat. § 2C:43-2 Sentence in accordance with code; authorized dispositions.

2C:43-2. a. Except as otherwise provided by this code, all persons convicted of an offense or offenses shall be sentenced in accordance with this chapter. b. Except as provided in subsection a. of this section and subject to the applicable provisions of the code, the court may suspend the imposition of sentence on a person who has been convicted of an offense, or may sentence him as follows: (1) To pay a fine or make restitution authorized by N.J.S.2C:43-3 or P.L.1997, c.253 (C.2C:43-3.4 et al.); or (2) Except as provided in subsection g. of this section, to be placed on probation and, in the case of a person convicted of a crime, to imprisonment for a term fixed by the court not exceeding 364 days to be served as a condition of probation, or in the case of a person convicted of a disorderly persons offense, to imprisonment for a term fixed by the court not exceeding 90 days to be served as a condition of probation; or (3) To imprisonment for a term authorized by sections 2C:11-3, 2C:43-5, 2C:43-6, 2C:43-7, and 2C:43-8 or 2C:44-5; or (4) To pay a fine, make restitution and probation, or fine, restitution and imprisonment; or (5) To release under supervision in the community or to require the performance of community-related service; or (6) To a halfway house or other residential facility in the community, including agencies which are not operated by the Department of Human Services; or (7) To imprisonment at night or on weekends with liberty to work or to participate in training or educational programs. c. Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any person convicted of a crime, disorderly persons offense, or petty disorderly persons offense in the course of which a motor vehicle was used. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the circumstances of the violation, and whether the loss of driving privileges will result in extreme hardship and alternative means of transportation are not readily available. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial sentence. d. This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence. e. The court shall state on the record the reasons for imposing the sentence, including its findings pursuant to the criteria for withholding or imposing imprisonment or fines under sections 2C:44-1 to 2C:44-3, where imprisonment is imposed, consideration of the defendant's eligibility for release under the law governing parole and the factual basis supporting its findings of particular aggravating or mitigating factors affecting sentence. f. The court shall explain the parole laws as they apply to the sentence and shall state: (1) the approximate period of time in years and months the defendant will serve in custody before parole eligibility; (2) the jail credits or the amount of time the defendant has already served; (3) that the defendant may be entitled to good time and work credits; and (4) that the defendant may be eligible for participation in the Intensive Supervision Program. g. Notwithstanding the provisions of paragraph (2) of subsection b. of this section, a court imposing sentence on a defendant who has been convicted of any offense enumerated in subsection a. of section 2 of P.L.1994, c.130 (C.2C:43-6.4) may not sentence the defendant to be placed on probation. amended 1979, c.178, s.82; 1981, c.269, s.2; 1983, c.124, s.1; 1987, c.106, s.9; 1994, c.155; 1997, c.253, s.1; 2003, c.267, s.5; 2019, c.276, s.6.

N.J. Stat. § 2C:43-2.1 Motor vehicle theft or unlawful taking; restitution

A person who is convicted of an offense involving the theft or unlawful taking of a motor vehicle, in addition to any other fine, penalty, or restitution which may be imposed by law, is liable to the owner of the motor vehicle for any reasonable and necessary expense incurred by the owner in recovering the motor vehicle and for any damage to the motor vehicle prior to its recovery by the owner. In the sentencing proceedings on the offense, the owner may submit evidence of expenses incurred and damages sustained. The court shall make a finding of the amount of expenses incurred and damages sustained, and if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. The court shall order the person convicted of the offense to make restitution to the owner in the amount of the expenses and damages found by the court. The court shall file a copy of the order with the clerk of the Superior Court who shall enter upon his record of docketed judgments the name of the convicted person as judgment debtor, and of the owner as judgment creditor, a statement that the restitution is ordered under this section, the amount of the restitution, and the date of the order. This entry shall have the same force as a judgment docketed in the Superior Court. L.1983, c. 411, s. 1, eff. Jan. 4, 1984.

N.J. Stat. § 2C:43-2.2 Issuance of court order requiring serological tests.

4. a. In addition to any other disposition made pursuant to law, a court shall order a person convicted of, indicted for or formally charged with, or a juvenile charged with delinquency or adjudicated delinquent for an act which if committed by an adult would constitute, aggravated sexual assault or sexual assault as defined in subsection a. or c. of N.J.S.2C:14-2 to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS. The court shall issue such an order only upon the request of the victim and upon application of the prosecutor immediately following the request. The person or juvenile shall be ordered by the court to submit to such repeat or confirmatory tests as may be medically necessary. As used in this section, "formal charge" includes a proceeding by accusation in the event that the defendant has waived the right to an indictment. b. A court order issued pursuant to subsection a. of this section shall require testing to be performed as soon as practicable by the Commissioner of the Department of Corrections pursuant to authority granted to the commissioner by sections 6 and 10 of P.L.1976, c.98 (C.30:1B-6 and 30:1B-10), by a provider of health care, at a health facility licensed pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12) or the Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170). If the victim makes the request prior to or at the time of indictment, or accusation if the defendant has waived the right to an indictment, the court order shall require the testing be performed within 48 hours. The order shall also require that the results of the test be reported to the offender and to the appropriate Office of Victim-Witness Advocacy. c. The Office of Victim-Witness Advocacy, established pursuant to section 5 of P.L.1985, c.404 (C.52:4B-43), shall reimburse the Department of Corrections, Department of Health or the Youth Justice Commission for the direct costs incurred by these departments for any tests ordered by a court pursuant to subsection a. of this section. Reimbursement shall be made following a request from the department. d. In addition to any other disposition authorized, a court may order an offender at the time of sentencing to reimburse the State for the costs of the tests ordered by subsection a. of this section. e. Upon receipt of the result of a test ordered pursuant to subsection a. of this section, the Office of Victim-Witness Advocacy shall provide the victim with appropriate counseling, referral for counseling and if appropriate, referral for health care. The office shall notify the victim or make appropriate arrangements for the victim to be notified of the test result. f. The result of a test ordered pursuant to subsection a. of this section shall be confidential and employees of the Department of Corrections, the Youth Justice Commission, the Office of Victim-Witness Advocacy, a health care provider, health care facility or counseling service shall not disclose the result of a test performed pursuant to this section except as authorized herein or as otherwise authorized by law or court order. The provisions of this section shall not be deemed to prohibit disclosure of a test result to the person tested. g. Persons who perform tests ordered pursuant to subsection a. of this section in accordance with accepted medical standards for the performance of such tests shall be immune from civil and criminal liability arising from their conduct. h. This section shall not be construed to preclude or limit any other testing for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS which is otherwise permitted by statute, court rule or common law. L.1993, c.364, s.4; amended 1995, c.280, s.22; 2013, c.140; 2025, c.35, s.22.

N.J. Stat. § 2C:43-2.3 Orders for certain serological testing required under certain circumstances

7. a. In addition to any other disposition made pursuant to law, a court shall order a person convicted of, indicted for or formally charged with a criminal offense, a disorderly persons offense or a petty disorderly persons offense, to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS if: (1) in the course of the commission of the offense, including the immediate flight thereafter or during any investigation or arrest related to that offense, a law enforcement officer, the victim or other person suffered a prick from a hypodermic needle, provided there is probable cause to believe that the defendant is an intravenous user of controlled dangerous substances; or (2) in the course of the commission of the offense, including the immediate flight thereafter or during any investigation or arrest related to that offense, a law enforcement officer, the victim or other person had contact with the defendant which involved or was likely to involve the transmission of bodily fluids. The court may order a person to submit to an approved serological test for AIDS or infection with the HIV or any other related virus identified as a probable causative agent of AIDS if in the course of the performance of any other law enforcement duties, a law enforcement officer suffers a prick from a hypodermic needle, provided that there is probable cause to believe that the defendant is an intravenous user of controlled dangerous substances, or had contact with the defendant which involved or was likely to involve the transmission of bodily fluids. The court shall issue such an order only upon the request of the law enforcement officer, victim of the offense or other affected person made at the time of indictment, charge or conviction. If a county prosecutor declines to make such an application within 72 hours of being requested to do so by the law enforcement officer, the law enforcement officer may appeal to the Division of Criminal Justice in the Department of Law and Public Safety for that officer to bring the application. The person shall be ordered by the court to submit to such repeat or confirmatory tests as may be medically necessary. As used in this section, "formal charge" includes a proceeding by accusation in the event that the defendant has waived the right to an indictment. b. A court order issued pursuant to subsection a. of this section shall require testing to be performed as soon as practicable by the Commissioner of the Department of Corrections pursuant to authority granted to the commissioner by sections 6 and 10 of P.L.1976, c.98 (C.30:1B-6 and 30:1B-10) or by a provider of health care or at a health care facility licensed pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12). The order shall also require that the results of the test be reported to the offender, the appropriate Office of Victim-Witness Advocacy if a victim of an offense is tested, and the affected law enforcement officer. Upon receipt of the result of a test ordered pursuant to subsection a. of this section, the Office of Victim-Witness Advocacy shall provide the victim with appropriate counseling, referral for counseling and if appropriate, referral for health care. The office shall notify the victim or make appropriate arrangements for the victim to be notified of the test result. c. In addition to any other disposition authorized, a court may order an offender at the time of sentencing to reimburse the State for the costs of the tests ordered pursuant to subsection a. of this section. d. The result of a test ordered pursuant to subsection a. of this section shall be confidential and health care providers and employees of the Department of Corrections, the Office of Victim-Witness Advocacy, a health care facility or counseling service shall not disclose the result of a test performed pursuant to this section except as authorized herein or as otherwise authorized by law or court order. The provisions of this section shall not be deemed to prohibit disclosure of a test result to the person tested. e. Persons who perform tests ordered pursuant to subsection a. of this section in accordance with accepted medical standards for the performance of such tests shall be immune from civil and criminal liability arising from their conduct. f. This section shall not be construed to preclude or limit any other testing for AIDS or infection with the HIV or any other related virus identified as a probable causative agent of AIDS which is otherwise permitted by statute, court rule or common law. L.1996,c.115,s.7.

N.J. Stat. § 2C:43-2.4 Authority to impound motor vehicles.

1. a. Any law enforcement agency is authorized to impound: (1) a motor vehicle in which a violation of subsection a., d., or f. of N.J.S.2C:39-5 was committed; (2) a motor vehicle in which possession of a handgun, rifle, or shotgun for an unlawful purpose in violation of N.J.S.2C:39-4 was committed; (3) a motor vehicle in which a violation of subsection b. or c. of N.J.S.2C:39-5 was committed in addition to the motor vehicle being used to commit a separate crime of the first, second, third, or fourth degree under Title 2C of the New Jersey Statutes; (4) a motor vehicle which was used in the commission of any offense under subsection b. of N.J.S.2C:34-1; and (5) a motor vehicle which was used in the commission of an offense under subsection a. of N.J.S.2C:35-10 or subsection a. of N.J.S.2C:35-5. For the purposes of this section, a motor vehicle includes an all-terrain vehicle and a dirt bike. An "all-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six non-highway tires, but shall not include golf carts. A "dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of traveling off paved roads, whether or not the vehicle is subject to registration with the New Jersey Motor Vehicle Commission. b. A law enforcement agency impounding a vehicle pursuant to this section is authorized to charge a reasonable administrative fee in addition to the fees charged for the towing and storage of the impounded vehicle. The law enforcement agency is further authorized to retain custody of the vehicle until the fees are paid. All administrative fees and towing and storage fees shall be imposed on the registered owner of the motor vehicle. The registered owner shall be entitled to a hearing, upon request. The administrative fees shall be collected by and paid to the municipality imposing the fees. The towing and storage fees shall be collected by and paid to the person or entity that tows and stores the impounded vehicle. c. The registered owner of the vehicle shall be provided notice of the impoundment and the right to request a hearing. d. If the owner-lessor or registered owner of an impounded vehicle fails to claim the impounded vehicle by midnight of the 90th day following the day on which the vehicle was impounded, that vehicle may be sold at auction; provided however, a vehicle shall not be sold until the lessee or registered owner has been convicted of the offense, or offenses pursuant to paragraph (3) of subsection a., for which the vehicle was impounded under subsection a. of this section. Property impounded under this section shall not be sold if the owner of the property establishes by a preponderance of the evidence that the owner was not involved in or aware of the unlawful activity and that the owner had done all that could reasonably be expected to prevent the proscribed use of the property by an agent. A person who uses or possesses property with the consent or knowledge of the owner is deemed to be the agent of the owner for purposes of this subsection. Notice of the sale shall be given by the impounding entity by certified mail to the owner of the vehicle, if the owner's name and address are known, and to the lienholder, if the lienholder's name and address are known, and by publication in a form prescribed by the chief administrator by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the vehicle is impounded. At any time prior to the sale of an impounded vehicle, the owner or other person entitled to the vehicle may reclaim possession upon showing proof of registration and insurance and paying all costs associated with the impoundment, and reasonable towing and storage fees and administrative fees. The owner-lessor of an impounded vehicle shall be entitled to reclaim possession without payment or proof of insurance and the lessee shall be liable for all outstanding costs associated with the impoundment, towing, and storage of the vehicle and the administrative fees. e. Any proceeds obtained from the sale of a vehicle at public auction pursuant to subsection d. of this section in excess of the amount owed for the administrative fees, towing, and storage fees and any other costs associated with the impoundment of the vehicle shall be returned to the owner of that vehicle, if the owner's name and address are known. f. Nothing in this section shall be construed to in any way limit or abridge the authority provided by N.J.S.2C:64-1 et seq. or any other law regarding forfeiture. L.2013, c.110, s.1; amended 2018, c.65.

N.J. Stat. § 2C:43-3 Fines and restitutions

2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; e. Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue. For purposes of this section the term "gain" means the amount of money or the value of property derived by the offender and "loss" means the amount of value separated from the victim or the amount of any payment owed to the victim and avoided or evaded and includes any reasonable and necessary expense incurred by the owner in recovering or replacing lost, stolen or damaged property, or recovering any payment avoided or evaded, and, with respect to property of a research facility, includes the cost of repeating an interrupted or invalidated experiment or loss of profits. The term "victim" shall mean a person who suffers a personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person, or in the case of a homicide, the nearest relative of the victim. The terms "gain" and "loss" shall also mean, where appropriate, the amount of any tax, fee, penalty and interest avoided, evaded, or otherwise unpaid or improperly retained or disposed of; f. Any higher amount specifically authorized by another section of this code or any other statute; g. Up to twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a second or subsequent conviction of any tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, or of any offense defined in chapter 20 or 21 of this code; h. In the case of violations of chapter 35, any higher amount equal to three times the street value of the controlled dangerous substance or controlled substance analog. The street value for purposes of this section shall be determined pursuant to subsection e. of N.J.S.2C:44-2. The restitution ordered paid to the victim shall not exceed the victim's loss, except that in any case involving the failure to pay any State tax, the amount of restitution to the State shall be the full amount of the tax avoided or evaded, including full civil penalties and interest as provided by law. In any case where the victim of the offense is any department or division of State government, the court shall order restitution to the victim. Any restitution imposed on a person shall be in addition to any fine which may be imposed pursuant to this section. L.1978, c.95; amended 1979, c.178, s.83; 1981, c.290, s.37; 1987, c.76, s.34; 1987, c.106, s.10; 1991, c.329, s.2; 1995, c.20, s.6; 1995, c.417, s.2; 1997, c.181, s.12.

N.J. Stat. § 2C:43-3.1 Victim, witness, criminal disposition, and collection funds.

2. a. (1) In addition to any disposition made pursuant to the provisions of N.J.S.2C:43-2, any person convicted of a crime of violence, theft of an automobile pursuant to N.J.S.2C:20-2, eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2, or unlawful taking of a motor vehicle pursuant to subsection b., c., or d. of N.J.S.2C:20-10 shall be assessed at least $100, but not to exceed $10,000 for each crime for which the person was convicted which resulted in the injury or death of another person. In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay, and the economic impact of the assessment on the defendant's dependents. (2) (a) In addition to any other disposition made pursuant to the provisions of N.J.S.2C:43-2 or any other statute imposing sentences for crimes, any person convicted of any disorderly persons offense, any petty disorderly persons offense, or any crime not resulting in the injury or death of any other person shall be assessed $50 for each offense or crime for which the person was convicted. (b) (Deleted by amendment, P.L.2019, c.363) (c) In addition to any other assessment imposed pursuant to the provisions of R.S.39:4-50, the provisions of section 12 of P.L.1990, c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13), the provisions of section 19 of P.L.1954, c.236 (C.12:7-34.19) or the provisions of section 3 of P.L.1952, c.157 (C.12:7-46), any person convicted of operating a motor vehicle, commercial motor vehicle or vessel while under the influence of liquor or drugs shall be assessed $50. (d) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1, a participant in either program shall be required to pay an assessment of $50. (3) All assessments provided for in this section shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and the court shall so order at the time of sentencing. When a defendant who is sentenced to incarceration in a State correctional facility has not, at the time of sentencing, paid an assessment for the crime for which the defendant is being sentenced or an assessment imposed for a previous crime, the court shall specifically order the Department of Corrections to collect the assessment during the period of incarceration and to deduct the assessment from any income the inmate receives as a result of labor performed at the institution or on any work release program or from any personal account established in the institution for the benefit of the inmate. All moneys collected, whether in part or in full payment of any assessment imposed pursuant to this section, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Victims of Crime Compensation Board pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1), to the Victims of Crime Compensation Board. (4) The Victims of Crime Compensation Board shall forward monthly all moneys received from assessments collected pursuant to this section to the State Treasury for deposit as follows: (a) Of moneys collected on assessments imposed pursuant to paragraph (1) of subsection a. of this section: (i) the first $72 collected for deposit in the Victims of Crime Compensation Board Account, (ii) the next $3 collected for deposit in the Criminal Disposition and Revenue Collection Fund, (iii) the next $25 collected for deposit in the Victim Witness Advocacy Fund, and (iv) moneys collected in excess of $100 for deposit in the Victims of Crime Compensation Board Account; (b) Of moneys collected on assessments imposed pursuant to subparagraph (a), (c), or (d) of paragraph (2) of subsection a. of this section: (i) the first $39 collected for deposit in the Victims of Crime Compensation Board Account, (ii) the next $3 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and (iii) the next $8 collected for deposit in the Victim and Witness Advocacy Fund; (c) Of moneys collected on assessments imposed pursuant to subparagraph (b) of paragraph (2) of subsection a. of this section: (i) the first $17 for deposit in the Victims of Crime Compensation Board Account, and (ii) the next $3 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and (iii) the next $10 for deposit in the Victim and Witness Advocacy Fund, and (iv) moneys collected in excess of $30 for deposit in the Victims of Crime Compensation Board Account. (5) The Victims of Crime Compensation Board shall provide the Attorney General with a monthly accounting of moneys received, deposited and identified as receivable, on forms prescribed pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1). (6) (a) The Victims of Crime Compensation Board Account shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Account shall be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) and for related administrative costs. (b) The Criminal Disposition and Revenue Collection Fund shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Fund shall be used as provided in section 19 of P.L.1991, c.329 (C.52:4B-8.1). (c) The Victim and Witness Advocacy Fund shall be a separate, nonlapsing, revolving fund and shall be administered by the Division of Criminal Justice, Department of Law and Public Safety and all moneys deposited in that Fund pursuant to this section shall be used for the benefit of victims and witnesses of crime as provided in section 20 of P.L.1991, c.329 (C.52:4B-43.1) and for related administrative costs. b. (Deleted by amendment, P.L.1991, c.329). c. (Deleted by amendment, P.L.1991, c.329). d. (Deleted by amendment, P.L.1991, c.329). L.1979, c.396, s.2; amended 1982, c.164, s.1; 1985, c.251, s.1; 1985, c.406; 1987, c.106, s.11; 1990, c.64, s.1; 1991, c.329, s.3; 1995, c.135, s.1; 2019, c.363, s.5.

N.J. Stat. § 2C:43-3.2 Assessments for Safe Neighborhoods Services

11. a. (1) In addition to any other fine, fee or assessment imposed, any person convicted of a crime, disorderly or petty disorderly persons offense or violation of R.S.39:4-50 shall be assessed $75 for each conviction. (2) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to section 3 of P.L.1987, c.106 (C.2C:36A-1), a participant in either program shall be required to pay an assessment of $75. b. All assessments provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section. c. All money collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited into the Safe Neighborhoods Services Fund created by section 5 of this act. L.1993,c.220,s.11.

N.J. Stat. § 2C:43-3.3 Additional penalties for persons convicted of crime deposited in "Law Enforcement Officers Training and Equipment Fund"

9. a. In addition to any disposition made pursuant to the provisions of Title 2C of the New Jersey Statutes, any person convicted of a crime shall be assessed a penalty of $30. b. (Deleted by amendment, P.L.2021, c.342) c. The penalties assessed under subsections a. and b. of this section shall be collected as provided for the collection of fines and restitution in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the State Treasury for deposit in a separate account to be known as the "Law Enforcement Officers Training and Equipment Fund." The penalty assessed in this section shall be collected only after a penalty assessed in section 2 of P.L.1979, c.396 (C.2C:43-3.1) and any restitution ordered is collected. The fund shall be used to support the development and provision of basic and in-service training courses for law enforcement officers by police training schools approved pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.). In addition, the fund shall also be used to enable police training schools to purchase equipment needed for the training of law enforcement officers. Distributions from the fund shall only be made directly to such approved schools. d. The Police Training Commission in the Department of Law and Public Safety shall be responsible for the administration and distribution of the fund pursuant to its authority under section 6 of P.L.1961, c.56 (C.52:17B-71). e. An adult prisoner of a State correctional institution who does not pay the penalty imposed pursuant to this section shall have the penalty deducted from any income the inmate receives as a result of labor performed at the institution or any type of work release program. If any person, including an inmate, fails to pay the penalty imposed pursuant to this section, the court may order the suspension of the person's driver's license or nonresident reciprocity privilege, or prohibit the person from receiving or obtaining a license until the assessment is paid. The court shall notify the Director of the Division of Motor Vehicles of such an action. Prior to any action being taken pursuant to this subsection, the person shall be given notice and a hearing before the court to contest the charge of the failure to pay the assessment. f. For the purposes of this section, "person" excludes a juvenile as defined in section 3 of P.L.1982, c.77 (C.2A:4A-22). L.1996,c.115,s.9; amended 2021, c.342, s.6.

N.J. Stat. § 2C:43-3.4 Restitution for extradition costs.

4. In addition to any fine or restitution authorized by N.J.S.2C:43-3, the court may sentence a defendant to make restitution for costs incurred by any law enforcement entity in extraditing the defendant from another jurisdiction if the court finds that, at the time of the extradition, the defendant was located in the other jurisdiction in order to avoid prosecution for a crime committed in this State or service of a criminal sentence imposed by a court of this State. L.1997,c.253,s.4.

N.J. Stat. § 2C:43-3.5 Additional penalty for certain offenses.

1. a. In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1 for a violation of any offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes, each participant shall be assessed a penalty of $50 for each adjudication or conviction. b. All penalties provided by this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section. c. All monies collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in the " Drug Abuse Education Fund" established pursuant to section 1 of P.L.1999, c.12 (C.54A:9-25.12). d. Monies in the fund shall be appropriated by the Legislature on an annual basis in the manner and for the purposes prescribed by section 2 of P.L.1999, c.12 (C.54A:9-25.13). L.1999,c.295,s.1.

N.J. Stat. § 2C:43-3.6 Additional penalty for sex offense for deposit in Sexual Assault Nurse Examiner Program Fund.

11. a. In addition to any fine, fee, assessment or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of a sex offense, as defined in section 2 of P.L.1994, c. 133 (C.2C:7-2), shall be assessed a penalty of $800 for each such offense. b. All penalties provided for in this section, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Statewide Sexual Assault Nurse Examiner Program Fund" established pursuant to section 12 of P.L.2001, c.81 (C.52:4B-59). L.2001,c.81,s.11.

N.J. Stat. § 2C:43-3.7 Surcharge for certain sexual offenders to fund grants, programs, certain.

51. In addition to any other penalty, fine or charge imposed pursuant to law, a person convicted of an act of aggravated sexual assault or sexual assault under N.J.S.2C:14-2, or aggravated criminal sexual contact or criminal sexual contact under N.J.S.2C:14-3, shall be subject to a surcharge in the amount of $100 payable to the Treasurer of the State of New Jersey for use by the Department of Community Affairs to fund programs and grants for the prevention of violence against women. L.2002,c.34,s.51.

N.J. Stat. § 2C:43-3.8 Offenses involving computer criminal activities; penalties; "Computer Crime Prevention Fund."

1. a. In addition to any disposition authorized by this Title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of or adjudicated delinquent for a violation of paragraph (3), (4), or (5) of subsection b. of N.J.S.2C:24-4; section 8 of P.L.2017, c.141 (C.2C:24-4.1); N.J.S.2C:34-3; or an offense involving computer criminal activity in violation of any provision of chapter 20 of this title shall be assessed for each such offense a penalty fixed at: (a) $2,000 in the case of a crime of the first degree; (b) $1,000 in the case of a crime of the second degree; (c) $750 in the case of a crime of the third degree; (d) $500 in the case of a crime of the fourth degree; (e) $250 in the case of a disorderly persons or petty disorderly persons offense. b. All penalties provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section. c. All moneys collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in a nonlapsing revolving fund to be known as the "Computer Crime Prevention Fund." Moneys in the fund shall be appropriated by the Legislature to the Department of Law and Public Safety on an annual basis for the purposes of investigating and prosecuting computer-related crime and funding continuing educational programs on high technology crimes and the 24-hour toll-free computer crime hotline telephone service established pursuant to section 3 of P.L.1998, c.134 (C.52:17B-193) and publicizing thereof, as well as other programs designed to enhance public awareness of computer-related crime, including, but not limited to, use of the Internet to facilitate sexual predatory acts, cyber-stalking and cyberbullying, online distribution or possession of child sexual abuse or exploitation material, threats of violence in schools or other institutions, Internet fraud, and unauthorized intrusions into computer systems. d. There is created in the Department of the Treasury a non-lapsing fund entitled the "Computer Crime Prevention Fund." The fund shall be the depository for assessments collected pursuant to subsection a. of this section to be appropriated and used in accordance with the purposes set forth in subsection c. of this section. L.2009, c.143, s.1; amended 2017, c.141, s.4; 2024, c.92, s.5.

N.J. Stat. § 2C:43-4 Penalties Against Corporations; Forfeiture of Corporate Charter or Revocation of Certificate Authorizing Foreign Corporation to do Business in the State

a. The court may suspend the imposition of sentence of a corporation which has been convicted of an offense or may sentence it to pay a fine of up to three times the fine provided for in N.J.S.2C:43-3 in addition to any restitution required by N.J.S.2C:44-2. b. When a corporation is convicted of an offense or a high managerial agent of a corporation, as defined in N.J.S.2C:2-7 is convicted of an offense committed in conducting the affairs of the corporation, the court may request the Attorney General to institute appropriate proceedings to dissolve the corporation, forfeit its charter, revoke any franchises held by it, or to revoke the certificate authorizing the corporation to conduct business in this State. L.1978, c.95; amended 1991,c.329,s.4.

N.J. Stat. § 2C:43-5 Young adult offenders

Any person who, at the time of sentencing, is less than 26 years of age and who has been convicted of a crime may be sentenced to an indeterminate term at the Youth Correctional Institution Complex, in accordance with R.S. 30:4-146 et seq., in the case of men, and to the Correctional Institution for Women, in accordance with R.S. 30:4-153 et seq., in the case of women, instead of the sentences otherwise authorized by the code. This section shall not apply to any person less than 26 years of age at the time of sentencing who qualifies for a mandatory minimum term of imprisonment without eligibility for parole, pursuant to subsection c. of N.J.S. 2C:43-6; however, notwithstanding the provisions of subsection c. of N.J.S. 2C:43-6, the mandatory minimum term may be served at the Youth Correctional Institution Complex or the Correctional Institution for Women. L.1978, c. 95, s. 2C:43-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 84, eff. Sept. 1, 1979; L.1983, c. 92, s. 1, eff. March 11, 1983.

N.J. Stat. § 2C:43-5.1 Crimes committed by students, notification to principal, certain circumstances.

1. At the time of a criminal charge, adjudication of delinquency, or conviction of any student who is 18 years of age or older and is enrolled in secondary school, the law enforcement or prosecuting agency shall provide written notice to the school principal of the identity of that student, the offense charged, the adjudication, and the conviction if: a. The offense occurred on school property or a school bus, occurred at a school-sponsored function or was committed against an employee or official of the school; b. The student was taken into custody as a result of information or evidence provided by school officials; or c. The offense constitutes a crime, and the offense: (1) resulted in death or serious bodily injury or involved an attempt or conspiracy to cause death or serious bodily injury; (2) involved the unlawful use or possession of a firearm or other weapon; (3) involved the unlawful manufacture, distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog; (4) was committed with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity; or (5) is a crime of the first, second, or third degree. Information provided to the principal pursuant to this subsection shall be maintained by the school and shall be treated as confidential but may be made available to such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or for planning programs relevant to a student's educational and social development. L.2009, c.157, s.1.

N.J. Stat. § 2C:43-6 Sentence of imprisonment for crime; ordinary terms; mandatory terms.

2C:43-6. a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced to imprisonment, as follows: (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. b. As part of a sentence for any crime, where the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of 2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a., or one-half of the term set pursuant to a maximum period of incarceration for a crime set forth in any statute other than this code, during which the defendant shall not be eligible for parole; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole. c. A person who has been convicted under subsection b. or d. of N.J.S.2C:39-3, subsection a. of N.J.S.2C:39-4, subsection a. of section 1 of P.L.1998, c.26 (C.2C:39-4.1), subsection a., b., c., or f. of N.J.S.2C:39-5, subsection a. or paragraph (2) or (3) of subsection b. of section 6 of P.L.1979, c.179 (C.2C:39-7), or subsection a., b., e. or g. of N.J.S.2C:39-9, or of a crime under any of the following sections: N.J.S.2C:11-3, N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:29-5, section 1 of P.L.2024, c.83 (C.2C:18-2.1), or section 2 of P.L.2024, c.83 (C.2C:18-2.2), who, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a firearm as defined in subsection f. of N.J.S.2C:39-1, shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole. The minimum terms established by this section shall not prevent the court from imposing presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1 except in cases of crimes of the fourth degree. A person who has been convicted of an offense enumerated by this subsection and who used or possessed a firearm during its commission, attempted commission or flight therefrom and who has been previously convicted of an offense involving the use or possession of a firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the court to an extended term as authorized by subsection c. of N.J.S. 2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court. d. (1) The court shall not impose a mandatory sentence pursuant to subsection c. of this section, subsection c. of N.J.S.2C:43-7 or subsection d. of N.J.S.2C:44-3, unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the weapon used or possessed was a firearm. In making its finding, the court 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 any other relevant information. (2) The court shall not impose a mandatory sentence pursuant to subsection c. of this section for a violation of paragraph (2) of subsection b. of N.J.S.2C:39-5; a violation of paragraph (2) of subsection c. of N.J.S.2C:39-5, if that rifle or shotgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person; or a violation of paragraph (1) of subsection c. of N.J.S.2C:39-5. e. A person convicted of a third or subsequent offense involving State taxes under N.J.S.2C:20-9, N.J.S.2C:21-15, any other provision of this code, or under any of the provisions of Title 54 of the Revised Statutes, or Title 54A of the New Jersey Statutes, as amended and supplemented, shall be sentenced to a term of imprisonment by the court. This shall not preclude an application for and imposition of an extended term of imprisonment under N.J.S.2C:44-3 if the provisions of that section are applicable to the offender. f. A person convicted of manufacturing, distributing, dispensing or possessing with intent to distribute any dangerous substance or controlled substance analog under N.J.S.2C:35-5, of maintaining or operating a controlled dangerous substance production facility under N.J.S.2C:35-4, of employing a juvenile in a drug distribution scheme under N.J.S.2C:35-6, leader of a narcotics trafficking network under N.J.S.2C:35-3, or of distributing, dispensing or possessing with intent to distribute on or near school property or buses under section 1 of P.L.1987, c.101 (C.2C:35-7), who has been previously convicted of manufacturing, distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog, shall upon application of the prosecuting attorney be sentenced by the court to an extended term as authorized by subsection c. of N.J.S.2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court. The term of imprisonment shall, except as may be provided in N.J.S.2C:35-12, include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, not less than seven years if the person is convicted of a violation of N.J.S.2C:35-6, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole. The court shall not impose an extended term pursuant to this subsection unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish the ground therefor by a preponderance of the evidence. In making its finding, the court 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 any other relevant information. For the purpose of this subsection, a previous conviction exists where the actor has at any time been convicted under chapter 35 of this title or Title 24 of the Revised Statutes or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, N.J.S.2C:35-6, or section 1 of P.L.1987, c.101 (C.2C:35-7). g. Any person who has been convicted under subsection a. of N.J.S.2C:39-4 or of a crime under any of the following sections: N.J.S.2C:11-3, N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:29-5, N.J.S.2C:35-5, section 1 of P.L.2024, c.83 (C.2C:18-2.1), or section 2 of P.L.2024, c.83 (C.2C:18-2.2), who, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a machine gun or assault firearm shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at 10 years for a crime of the first or second degree, five years for a crime of the third degree, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole. The minimum terms established by this section shall not prevent the court from imposing presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1 for crimes of the first degree. A person who has been convicted of an offense enumerated in this subsection and who used or possessed a machine gun or assault firearm during its commission, attempted commission or flight therefrom and who has been previously convicted of an offense involving the use or possession of any firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the court to an extended term as authorized by subsection d. of N.J.S.2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court. h. The court shall not impose a mandatory sentence pursuant to subsection g. of this section, subsection d. of N.J.S.2C:43-7 or N.J.S.2C:44-3, unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the weapon used or possessed was a machine gun or assault firearm. In making its finding, the court 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 any other relevant information. i. A person who has been convicted under paragraph (6) of subsection b. of 2C:12-1 of causing bodily injury while eluding shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between one-third and one-half of the sentence imposed by the court. The minimum term established by this subsection shall not prevent the court from imposing a presumptive term of imprisonment pursuant to paragraph (1) of subsection f. of 2C:44-1. amended 1979, c.178, s.85; 1981, c.31, s.1; 1981, c.290, s.38; 1981, c.569, s.1; 1982, c.119, s.1; 1987, c.76, s.35; 1987, c.106, s.12; 1988, c.44, s.13; 1990, c.32, s.6; 1993, c.219, s.6; 2007, c.341, s.5; 2013, c.113, s.2; 2024, c.83, s.7.

N.J. Stat. § 2C:43-6.1 Person under minimum mandatory sentence for possession of firearm with intent to use against property of another; review of sentence; imposition of other sentence

Any person who, on the effective date of this amendatory and supplementary act, is serving a minimum mandatory sentence as provided for by N.J.S. 2C:43-6c. solely as a result of his conviction under subsection a. of N.J.S. 2C:39-4 for the possession of a firearm with intent to use it against the property of another, and has not had his sentence suspended or been paroled or discharged, may move to have his sentence reviewed by the sentencing court. For good cause shown, the court may impose any sentence which would have otherwise been available for such person. L.1982, c. 119, s. 2, eff. Aug. 31, 1982.

N.J. Stat. § 2C:43-6.2 Probation; reduction of mandatory minimum term

1. On a motion by the prosecutor made to the assignment judge that the imposition of a mandatory minimum term of imprisonment under (a) subsection c. of N.J.S.2C:43-6 for a defendant who has not previously been convicted of an offense under that subsection, or (b) subsection e. of N.J.S.2C:39-10 for a defendant who has not previously been convicted of an offense under chapter 39 of Title 2C of the New Jersey Statutes, does not serve the interests of justice, the assignment judge shall place the defendant on probation pursuant to paragraph (2) of subsection b. of N.J.S.2C:43-2 or reduce to one year the mandatory minimum term of imprisonment during which the defendant will be ineligible for parole. The sentencing court may also refer a case of a defendant who has not previously been convicted of an offense under that subsection to the assignment judge, with the approval of the prosecutor, if the sentencing court believes that the interests of justice would not be served by the imposition of a mandatory minimum term. L.1989,c.53,s.1; amended 1993,c.49,s.2.

N.J. Stat. § 2C:43-6.3 Review of sentence

Any person who, on the effective date of this act, is serving a mandatory minimum sentence as provided for by subsection c. of N.J.S.2C:43-6, who has not been previously convicted under that subsection, and has not had his sentence suspended or been paroled or discharged, may move to have his sentence reviewed by the assignment judge for the sentencing court. If the prosecutor agrees that the sentence under review does not serve the interests of justice, the judge shall reduce the mandatory minimum term of imprisonment without parole eligibility to one year or place the person on probation pursuant to paragraph (2) of subsection b. of N.J.S.2C:43-2. L.1989, c.53, s.2.

N.J. Stat. § 2C:43-6.4 Special sentence of parole supervision for life.

2. a. Notwithstanding any provision of law to the contrary, a judge imposing sentence on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3) or sub-subparagraph (i) or (ii) of subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4, luring, violating a condition of a special sentence of community supervision for life pursuant to subsection d. of this section, or an attempt to commit any of these offenses shall include, in addition to any sentence authorized by this Code, a special sentence of parole supervision for life. Notwithstanding any provision of law to the contrary, a court imposing sentence on a person who has been convicted of endangering the welfare of a child pursuant to paragraph (4) or subparagraph (a) or sub-subparagraph (iii) of subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4, leader of a network to share child sexual abuse or exploitation material pursuant to section 8 of P.L.2017, c.141 (C.2C:24-4.1), or an attempt to commit either of these offenses shall include, upon motion of the prosecutor, a special sentence of parole supervision for life in addition to any sentence authorized by Title 2C of the New Jersey Statutes unless the court finds on the record that the special sentence is not needed to protect the community or deter the defendant from future criminal activity. b. The special sentence of parole supervision for life required by this section shall commence immediately upon the defendant's release from incarceration. If the defendant is serving a sentence of incarceration for another offense at the time the defendant completes the custodial portion of the sentence imposed on the present offense, the special sentence of parole supervision for life shall not commence until the defendant is actually released from incarceration for the other offense. Persons serving a special sentence of parole supervision for life shall remain in the legal custody of the Commissioner of Corrections, shall be supervised by the Division of Parole of the State Parole Board, shall be subject to the provisions and conditions set forth in subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b) and sections 15 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.63 and C.30:4-123.65), and shall be subject to conditions appropriate to protect the public and foster rehabilitation. Such conditions may include the requirement that the person comply with the conditions set forth in subsection f. of this section concerning use of a computer or other device with access to the Internet or the conditions set forth in subsection g. of this section concerning the operation as defined in section 1 of P.L.2017, c.315 (C.2C:40-27) of an unmanned aircraft system as defined in section 1 of P.L.2017, c.315 (C.2C:40-27). If the defendant violates a condition of a special sentence of parole supervision for life, the defendant shall be subject to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65), and for the purpose of calculating the limitation on time served pursuant to section 21 of P.L.1979, c.441 (C.30:4-123.65) the custodial term imposed upon the defendant related to the special sentence of parole supervision for life shall be deemed to be a term of life imprisonment. When the court suspends the imposition of sentence on a defendant who has been convicted of any offense enumerated in subsection a. of this section, the court may not suspend imposition of the special sentence of parole supervision for life, which shall commence immediately, with the Division of Parole of the State Parole Board maintaining supervision over that defendant, including the defendant's compliance with any conditions imposed by the court pursuant to N.J.S.2C:45-1, in accordance with the provisions of this subsection. Nothing contained in this subsection shall prevent the court from at any time proceeding under the provisions of N.J.S.2C:45-1 through 2C:45-4 against any such defendant for a violation of any conditions imposed by the court when it suspended imposition of sentence, or prevent the Division of Parole from proceeding under the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) against any such defendant for a violation of any conditions of the special sentence of parole supervision for life, including the conditions imposed by the court pursuant to N.J.S.2C:45-1. In any such proceeding by the Division of Parole, the provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b) authorizing revocation and return to prison shall be applicable to such a defendant, notwithstanding that the defendant may not have been sentenced to or served any portion of a custodial term for conviction of an offense enumerated in subsection a. of this section. c. A person sentenced to a term of parole supervision for life may petition the Superior Court for release from that parole supervision. The judge may grant a petition for release from a special sentence of parole supervision for life only upon proof by clear and convincing evidence that the person has not committed a crime for 15 years since the last conviction or release from incarceration, whichever is later, and that the person is not likely to pose a threat to the safety of others if released from parole supervision. Notwithstanding the provisions of section 22 of P.L.1979, c.441 (C.30:4-123.66), a person sentenced to a term of parole supervision for life may be released from that parole supervision term only by court order as provided in this subsection. d. A person who violates a condition of a special sentence of community supervision for life or parole supervision for life imposed pursuant to this section without good cause is guilty of a crime of the third degree. Notwithstanding any other law to the contrary, a person sentenced pursuant to this subsection shall be sentenced to a term of imprisonment unless the court is clearly convinced that the interests of justice so far outweigh the need to deter this conduct and the interest in public safety that a sentence to imprisonment would be a manifest injustice. Nothing in this subsection shall preclude subjecting a person who violates any condition of a special sentence of parole supervision for life to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) pursuant to the provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b). e. A person who, while serving a special sentence of parole supervision for life imposed pursuant to this section, commits a violation of N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:11-5, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, section 1 of P.L.1993, c.291 (C.2C:13-6), N.J.S.2C:14-2, N.J.S.2C:14-3, N.J.S.2C:24-4, section 8 of P.L.2017, c.141 (C.2C:24-4.1), N.J.S.2C:18-2 when the offense is a crime of the second degree, or subsection a. of N.J.S.2C:39-4 shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7, which term shall, notwithstanding the provisions of N.J.S.2C:43-7 or any other law, be served in its entirety prior to the person's resumption of the term of parole supervision for life. f. The special sentence of parole supervision for life required by this section may include any of the following Internet access conditions: (1) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court except the person may use a computer or any other device with Internet capability in connection with that person's employment or search for employment with the prior approval of the person's parole officer; (2) Require the person to submit to periodic unannounced examinations of the person's computer or any other device with Internet capability by a parole officer, law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection; (3) Require the person to submit to the installation on the person's computer or device with Internet capability, at the person's expense, one or more hardware or software systems to monitor the Internet use; (4) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with Internet capability; and (5) Require the person to disclose all passwords used by the person to access any data, information, image, program, signal or file on the person's computer, or any other device with Internet capability. g. The special sentence of parole supervision for life required by this section may include reasonable conditions prohibiting or restricting the person's operation of an unmanned aircraft system in order to reduce the likelihood of a recurrence of criminal or delinquent behavior. L.1994, c.130, s.2; amended 2003, c.267, s.1; 2007, c.219, s.3; 2013, c.136, s.2; 2013, c.214, s.4; 2017, c.141, s.5; 2017, c.315, s.3; 2017, c.333; 2024, c.92, s.6.

N.J. Stat. § 2C:43-6.5 Mandatory minimum prison term for public officer, employee convicted of certain crimes; waiver, reduction.

6. a. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6 and except as otherwise provided in subsection c. of this section, a person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is convicted of a crime that involves or touches such office or employment as set forth in subsection b. of this section, shall be sentenced to a mandatory minimum term of imprisonment without eligibility for parole as follows: for a crime of the fourth degree, the mandatory minimum term shall be one year; for a crime of the third degree, two years; for a crime of the second degree, five years; and for a crime of the first degree, 10 years; unless the provisions of any other law provide for a higher mandatory minimum term. As used in this subsection, "a crime that involves or touches such office or employment" means that the crime was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person. b. Subsection a. of this section applies to a conviction of any of the following crimes: (1) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion; (2) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000; (3) Subsection d. of N.J.S.2C:20-5, theft by extortion; (4) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000; (5) N.J.S.2C:21-10, commercial bribery; (6) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering; (7) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims; (8) N.J.S.2C:27-2, bribery in official matters; (9) N.J.S.2C:27-3, threats and other improper influence in official and political matters; (10) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved; (11) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior; (12) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior; (13) N.J.S.2C:28-1, perjury; (14) N.J.S.2C:28-5, tampering with witnesses; (15) N.J.S.2C:28-7, tampering with public records or information; (16) N.J.S.2C:29-4, compounding; (17) N.J.S.2C:30-2, official misconduct; (18) N.J.S.2C:30-3, speculating or wagering on official action or information; or (19) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct. c. (1) On motion by the prosecutor stating that the defendant has provided substantial assistance in a criminal investigation or prosecution of another person, the court may waive or reduce the mandatory minimum term of imprisonment required by subsection a. of this section. The appropriate waiver or reduction shall be determined by the court for reasons stated that may include, but are not limited to, consideration of the following: (i) the court's evaluation of the significance and usefulness of the defendant's assistance, giving substantial weight to the prosecutor's evaluation of the assistance rendered; (ii) the truthfulness, completeness, and reliability of any information or testimony provided by the defendant; (iii) the nature and extent of the defendant's assistance; (iv) any injury suffered, or any danger or risk of injury to the defendant or his family resulting from his assistance; (v) the timeliness of the defendant's assistance. In making such a determination, the court shall give substantial weight to the prosecutor's evaluation of the extent of the defendant's assistance, particularly where the extent and value of the assistance are difficult to ascertain. (2) If the court finds by clear and convincing evidence that extraordinary circumstances exist such that imposition of a mandatory minimum term would be a serious injustice which overrides the need to deter such conduct in others, the court may waive or reduce the mandatory minimum term of imprisonment required by subsection a. of this section. In making any such finding, the court must state with specificity its reasons for waiving or reducing the mandatory minimum sentence that would otherwise apply. (3) If, pursuant to paragraph (1) or (2) of this subsection, the court waives or reduces the mandatory minimum term required by subsection a. of this section, such sentence shall not become final for 10 days in order to permit the appeal of the sentence by the prosecution. d. (1) A prosecutor shall not recommend the admission into or consent to the referral to a pretrial intervention program of a person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is charged with a crime that involves or touches such office or employment as set forth in subsection b. of this section, without the prior approval of the Attorney General. (2) A person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is convicted of a crime that involves or touches such office or employment as set forth in subsection b. of this section shall be ineligible for participation in any program of intensive supervision during any period of parole ineligibility. e. The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding the waiver or reduction of a mandatory minimum term of imprisonment pursuant to paragraph (1) of subsection c. of this section and participation in a pretrial intervention program pursuant to paragraph (1) of subsection d. of this section. L.2007, c.49, s.6.

N.J. Stat. § 2C:43-6.6 Internet access conditions for certain sex offenders; fourth degree crime.

1. a. In the case of a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for the commission of a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), and who is required to register as provided in subsections c. and d. of section 2 of P.L.1994, c.133 (C.2C:7-2), or who is serving a special sentence of community or parole supervision for life as provided in section 2 of P.L.1994, c.130 (C.2C:43-6.4), or who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for a violation of N.J.S.2C:34-3, and where the trier of fact makes a finding that a computer or any other device with Internet capability was used to facilitate the commission of the crime the court shall, in addition to any other disposition, order the following Internet access conditions: (1) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court except, if such person is on probation or parole, the person may use a computer or any other device with Internet capability in connection with that person's employment or search for employment with the prior approval of the person's probation or parole officer; (2) Require the person to submit to periodic unannounced examinations of the person's computer or any other device with Internet capability by a probation officer, parole officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection; (3) Require the person to submit to the installation on the person's computer or device with Internet capability, at the person's expense, one or more hardware or software systems to monitor the Internet use; and (4) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with Internet capability. b. A person who fails to comply with the Internet access conditions set forth in this section shall be guilty of a crime of the fourth degree. c. The appropriate agency heads shall promulgate guidelines which set forth standards to guide agency action in regard to the specific Internet access conditions which may be imposed on a person pursuant to the provisions of this act. d. The Attorney General or the County Prosecutor may petition the court to impose restrictions pursuant to this section upon any person who is required to register as provided in section 2 of P.L.1994, c.133 (C.2C:7-2) for a sex offense set forth in paragraph (3) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2). L.2007,c.219,s.1.

N.J. Stat. § 2C:43-6.7 Effective date; applicability.

7. This act shall take effect on the 60th day following enactment and shall apply to any person who commits an offense subject to sentencing under section 1 of this act after the effective date of this act and to any person who is under probation or parole supervision, including community or parole supervision for life, on the effective date of this act. L.2007,c.219,s.6.

N.J. Stat. § 2C:43-6.8 Sentencing for offenses involving domestic violence.

4. a. Notwithstanding the provisions of subsection f. of N.J.S.2C:44-1, a person convicted of any of the following crimes of domestic violence, as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), shall be sentenced in accordance with subsection b. of this section: (1) Homicide, pursuant to N.J.S.2C:11-1 et seq.; (2) Aggravated assault, pursuant to paragraph (1), (2), (3), (4), (6), (7) or (8) of subsection b. of N.J.S.2C:12-1; (3) Assault by auto or vessel, pursuant to subsection c. of N.J.S.2C:12-1; (4) Kidnapping, pursuant to N.J.S.2C:13-1; (5) Criminal restraint, pursuant to N.J.S.2C:13-2; (6) Sexual assault, pursuant to N.J.S.2C:14-2; or (7) Criminal sexual contact, pursuant to N.J.S.2C:14-3. b. (1) Unless the provisions of any other law provide for a higher mandatory minimum term of imprisonment, a person convicted of a crime of domestic violence set forth in subsection a. of this section shall be sentenced to a term of imprisonment as follows: for a second or subsequent crime of the fourth degree set forth in subsection a. of this section, 18 months; for a second or subsequent crime of the third degree set forth in subsection a. of this section, five years; for a crime of the second degree, 10 years; and for a crime of the first degree, 20 years. (2) The term of imprisonment imposed pursuant to paragraph (1) of this subsection shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole. L.2016, c.91, s.4.

N.J. Stat. § 2C:43-7 Sentence of imprisonment for crime; extended terms.

2C:43-7. Sentence of Imprisonment for Crime; Extended Terms. a. In the cases designated in section 2C:44-3, a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), in subsection b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1) and in the cases designated in section 1 of P.L.1997, c.410 (C.2C:44-5.1), a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows: (1) In case of aggravated manslaughter sentenced under subsection c. of N.J.S.2C:11-4; or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g. of N.J.S.2C:44-3 for a specific term of years which shall be between 30 years and life imprisonment; (2) Except for the crime of murder and except as provided in paragraph (1) of this subsection, in the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 20 years and life imprisonment; (3) In the case of a crime of the second degree, for a term which shall be fixed by the court between 10 and 20 years; (4) In the case of a crime of the third degree, for a term which shall be fixed by the court between five and 10 years; (5) In the case of a crime of the fourth degree pursuant to 2C:43-6c, 2C:43-6g and 2C:44-3d for a term of five years, and in the case of a crime of the fourth degree pursuant to any other provision of law for a term which shall be fixed by the court between three and five years; (6) In the case of the crime of murder, for a specific term of years which shall be fixed by the court between 35 years and life imprisonment, of which the defendant shall serve 35 years before being eligible for parole; (7) In the case of kidnapping under paragraph (2) of subsection c. of 2C:13-1, for a specific term of years which shall be fixed by the court between 30 years and life imprisonment, of which the defendant shall serve 30 years before being eligible for parole. b. As part of a sentence for an extended term and notwithstanding the provisions of 2C:43-9, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a. during which the defendant shall not be eligible for parole or a term of 25 years during which time the defendant shall not be eligible for parole where the sentence imposed was life imprisonment; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole. c. In the case of a person sentenced to an extended term pursuant to 2C:43-6c, 2C:43-6f and 2C:44-3d, the court shall impose a sentence within the ranges permitted by 2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall, except as may be specifically provided by N.J.S.2C:43-6f, be fixed at or between one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted for a violation of N.J.S.2C:35-3, the term of parole ineligibility shall be 30 years. d. In the case of a person sentenced to an extended term pursuant to N.J.S.2C:43-6g, the court shall impose a sentence within the ranges permitted by N.J.S.2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall be fixed at 15 years for a crime of the first or second degree, eight years for a crime of the third degree, or five years for a crime of the fourth degree during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted of a violation of N.J.S.2C:35-3, the term of parole eligibility shall be 30 years. L.1978, c.95; amended 1979, c.178, s.86; 1981, c.31, s.2; 1982, c.111, s.2; 1986, c.172, s.3; 1987, c.106, s.13; 1988, c.44, s.14; 1990, c.32, s.7; 1990, c.87, s.3; 1994, c.127, s.1; 1994, c.130, s.3; 1995, c.126, s.3; 1997, c.410, s.2; 2001, c.443, s.6; 2003, c.267, s.4.

N.J. Stat. § 2C:43-7.1 Life imprisonment without parole

2. a. Life Imprisonment Without Parole. A person convicted of a crime under any of the following: N.J.S.2C:11-3; subsection a. of N.J.S.2C:11-4; a crime of the first degree under N.J.S.2C:13-1, paragraphs (3) through (6) of subsection a. of N.J.S.2C:14-2; N.J.S.2C:15-1; or section 1 of P.L.1993, c.221 (C.2C:15-2), who has been convicted of two or more crimes that were committed on prior and separate occasions, regardless of the dates of the convictions, under any of the foregoing sections or under any similar statute of the United States, this State, or any other state for a crime that is substantially equivalent to a crime under any of the foregoing sections, shall be sentenced to a term of life imprisonment by the court, with no eligibility for parole. b. Extended Term for Repeat Violent Offenders. A person shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7 if: (1) The person is convicted of any of the following crimes: a crime of the second degree under N.J.S.2C:11-4; a crime of the second or third degree under subsection b. of N.J.S.2C:12-1; a crime of the second degree under N.J.S.2C:13-1; a crime under N.J.S.2C:14-3 for aggravated criminal sexual contact under any of the circumstances set forth in paragraphs (3) through (6) of subsection a. of N.J.S.2C:14-2; a crime of the second degree under N.J.S.2C:15-1; a crime of the second degree under N.J.S.2C:18-2; or a crime of the second degree under N.J.S.2C:39-4 for possession of a weapon with the purpose of using it unlawfully against the person of another, and the person has been convicted of any of the foregoing crimes or any of the crimes enumerated in subsection a. of this section or under any similar statute of the United States, this State, or any other state for a crime that is substantially equivalent to a crime enumerated in this subsection or in subsection a. of this section committed on two or more prior and separate occasions regardless of the dates of the convictions; or (2) The person is convicted of a crime enumerated in subsection a. of this section, does not have two or more prior convictions that require sentencing under subsection a. and has two or more prior convictions that would require sentencing under paragraph (1) of this subsection if the person had been convicted of a crime enumerated in paragraph (1). c. The provisions of this section shall not apply unless the prior convictions are for crimes committed on separate occasions and unless the crime for which the defendant is being sentenced was committed either within 10 years of the date of the defendant's last release from confinement for commission of any crime or within 10 years of the date of the commission of the most recent of the crimes for which the defendant has a prior conviction. d. The court shall not impose a sentence of imprisonment pursuant to this section, unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue. Prior convictions shall be defined and proven in accordance with N.J.S.2C:44-4. e. For purposes of this section, a term of life shall mean the natural life of a person sentenced pursuant to this section. Except that a defendant who is at least 70 years of age and who has served at least 35 years in prison pursuant to a sentence imposed under this section shall be released on parole if the full Parole Board determines that the defendant is not a danger to the safety of any other person or the community. L.1995,c.126,s.2; amended 2003, c.48.

N.J. Stat. § 2C:43-7.2 Mandatory service of 85 percent of sentence for certain offenses.

2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole. b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3, or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years. c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time the defendant completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b). d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes: (1) N.J.S.2C:11-3, murder; (2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter; (3) N.J.S.2C:11-5, vehicular homicide; (4) subsection b. of N.J.S.2C:12-1, aggravated assault; (5) subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer; (6) N.J.S.2C:13-1, kidnapping; (7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault; (8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault; (9) N.J.S.2C:15-1, robbery; (10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking; (11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson; (12) N.J.S.2C:18-2, burglary; (13) subsection a. of N.J.S.2C:20-5, extortion; (14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities; (15) N.J.S.2C:35-9, strict liability for drug induced deaths; (16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism; (17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices; (18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree; (19) subsection i. of N.J.S.2C:39-9, firearms trafficking; (20) paragraph (3) of subsection b. of N.J.S.2C:24-4, causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance; (21) section 1 of P.L.2024, c.83 (C.2C:18-2.1), home invasion burglary; or (22) section 2 of P.L.2024, c.83 (C.2C:18-2.2), residential burglary. e. (Deleted by amendment, P.L.2001, c.129). amended 2001, c.79, s.16; 2001, c.129, s.1; 2002, c.26, s.19; 2007, c.341, s.6; 2013, c.111, s.3; 2013, c.136, s.4; 2024, c.83, s.8.

N.J. Stat. § 2C:43-8 Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses

A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense. L.1978, c. 95, s. 2C:43-8, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-8.1 Seasonally leased premises; termination of right to occupy, visit

1. In addition to any other disposition authorized by law, if a person is convicted of a disorderly persons offense, a petty disorderly persons offense or a violation of a municipal ordinance and the offense or violation occurred at or involved the use of a seasonally leased premises, the court may order the termination of that person's right to occupy or visit the seasonally leased premises for a period not to exceed 125 days. As used in this section, "seasonally leased premises" means premises leased as a residence for a period of less than 125 consecutive days. The term "seasonally leased premises" shall not include any structure provided by an employer on the employer's property which is used as living quarters for seasonal, temporary or migrant workers nor shall it include any premises used as the principal residence of a tenant pursuant to the terms of a month to month or week to week lease. L.1992,c.29.

N.J. Stat. § 2C:43-9 Release of all offenders; length of recommitment and reparole after revocation of parole

Release of offenders on parole, recommitment and reparole after revocation shall be governed by the "Parole Act of 1979," P.L.1979, c. 441 (C. 30:4-123.45 et seq.). L.1978, c. 95, s. 2C:43-9, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 86A, eff. Sept. 1, 1979; L.1981, c. 290, s. 39, eff. Sept. 24, 1981.

N.J. Stat. § 2C:43-10 Place of imprisonment; beginning sentences; transfers

a. Sentences for terms of 1 year or longer. Except as provided in section 2C:43-5 and in subsection b. of this section, when a person is sentenced to imprisonment for any term of 1 year or greater, the court shall commit him to the custody of the Commissioner of the Department of Corrections for the term of his sentence and until released in accordance with law. b. County institution. In any county in which a county penitentiary or a county workhouse is located, a person sentenced to imprisonment for a return not exceeding 18 months may be committed to the penitentiary or workhouse of such county. c. Sentences for terms of less than 1 year. When a person is sentenced to imprisonment for a term of less than 1 year, the court shall commit him either to the common jail of the county, the county workhouse or the county penitentiary for the term of his sentence and until released in accordance with law. In counties of the first class having a workhouse or penitentiary, however, no sentence exceeding 6 months shall be to the common jail of the county. d. Aggregation of sentences when a person is sentenced to more than one term of imprisonment, and the sentences are to be consecutive, the terms shall be aggregated for the purpose of determining the place of imprisonment under subsections a., b. or c. of this section. e. Duties of sheriff and keeper on sentence to State Prison. In all cases where the defendant, upon conviction, is sentenced by the court to imprisonment, for any term of 1 year or greater, the sheriff of the county or his lawful deputy shall, within 15 days transport him to the State Prison and there deliver him into the custody of the Commissioner of the Department of Corrections together with a copy of the sentence of the court ordering such imprisonment certified by the clerk of the court where the conviction was had, a copy of the court's statement of reasons for the sentence, and a copy of the presentence report or any presentence information used by the judge in determining sentence. In every case at least 48 hours, exclusive of Sundays and legal holidays, shall elapse between the time of sentence and removal to the State Prison. f. Beginning sentences in county institutions. Every person sentenced to the county workhouse or penitentiary shall be transferred to and confined therein within 10 days after the sentence. g. Transfer of persons sentenced to county jail, penitentiary or workhouse from one to another thereof. Every person sentenced to imprisonment in a county jail, penitentiary or workhouse may upon the application of the board of chosen freeholders of such county and by order of the Superior Court, be transferred from any one of such county penal institutions to any other thereof. No such transfer or retransfer shall in any way affect the term of the original sentence of the person so transferred or retransferred. L.1978, c. 95, s. 2C:43-10, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 87, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-11 Program of intensive supervision, eligibility.

2. a. No custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey if the inmate: (1) Is serving a sentence for a conviction of any crime of the first degree; or (2) Is serving a sentence for a conviction of any offense in which the sentencing court found that there is a substantial likelihood that the defendant is involved in organized criminal activity pursuant to N.J.S.2C:44-1a.(5); or (3) Is serving any statutorily mandated parole ineligibility, or any parole ineligibility imposed by the court pursuant to subsection b. of N.J.S.2C:43-6 or section 6 of P.L.2007, c.49 (C.2C:43-6.5); or (4) (Deleted by amendment, P.L.2008, c.30) (5) Has previously been convicted of a crime of the first degree, or of any offense in any other jurisdiction which, if committed in New Jersey, would constitute a crime of the first degree and the inmate was released from incarceration on the first degree offense within five years of the commission of the offense for which the inmate is applying for intensive supervision. Nothing in this subsection shall be construed to preclude the program of intensive supervision from imposing more restrictive standards for admission. b. Unless the inmate is within nine months of parole eligibility and has served at least six months of the sentence, no custodial sentence of an inmate serving a sentence for conviction of any crime of the second degree shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey, if, within 20 days of receipt of notice of the inmate's application, the county prosecutor or Attorney General objects in writing. c. If an inmate's application for a change of custodial sentence to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey is granted over the objection of the county prosecutor or the Attorney General, the order shall not become final for 20 days or until reconsideration by the Intensive Supervision Resentencing Panel in order to permit the county prosecutor or the Attorney General to appear personally or in writing, with notice to defense counsel, to request reconsideration of the application approval. d. A victim of the offense for which the inmate was sentenced shall have the right to make a written statement or to appear at a proceeding regarding the application for a change of custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C for entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey. L.1993, c.123, s.2; amended 2007, c.49, s.8; 2008, c.30.

N.J. Stat. § 2C:43-12 Supervisory treatment - pretrial intervention.

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 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.), or the Mental Health Diversion Program pursuant to P.L.2023 c.188 (C.2C:43-32 et al.), shall not be eligible for supervisory treatment under this section. (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). amended 1979, c.178, s.88; 1987, c.106, s.14; 1989, c.300, s.22; 2007, c.49, s.9; 2013, c.158, s.11; 2015, c.98, s.4; 2017, c.42, s.10; 2023, c.188, s.12.

N.J. Stat. § 2C:43-13 Supervisory treatment procedure.

2C:43-13. Supervisory Treatment Procedure. a. Agreement. The terms and duration of the supervisory treatment shall be set forth in writing, signed by the prosecutor and agreed to and signed by the participant. Payment of the assessment required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be included as a term of the agreement. If the participant is represented by counsel, defense counsel shall also sign the agreement. Each order of supervisory treatment shall be filed with the county clerk. b. Charges. During a period of supervisory treatment the charge or charges on which the participant is undergoing supervisory treatment shall be held in an inactive status pending termination of the supervisory treatment pursuant to subsection d. or e. of this section. c. Period of treatment. Supervisory treatment may be for such period, as determined by the designated judge or the assignment judge, not to exceed three years, provided, however, that the period of supervisory treatment may be shortened or terminated as the program director may determine with the consent of the prosecutor and the approval of the court. d. Dismissal. Upon completion of supervisory treatment, and with the consent of the prosecutor, the complaint, indictment or accusation against the participant may be dismissed with prejudice. e. Violation of conditions. Upon violation of the conditions of supervisory treatment, the court shall determine, after summary hearing, whether said violation warrants the participant's dismissal from the supervisory treatment program or modification of the conditions of continued participation in that or another supervisory treatment program. Upon dismissal of the participant from the supervisory treatment program, the charges against the participant may be reactivated and the prosecutor may proceed as though no supervisory treatment had been commenced. f. Evidence. No statement or other disclosure by a participant undergoing supervisory treatment made or disclosed to the person designated to provide such supervisory treatment shall be disclosed, at any time, to the prosecutor in connection with the charge or charges against the participant, nor shall any such statement or disclosure be admitted as evidence in any civil or criminal proceeding against the participant. Nothing provided herein, however, shall prevent the person providing supervisory treatment from informing the prosecutor, or the court, upon request or otherwise as to whether or not the participant is satisfactorily responding to supervisory treatment. g. Delay. No participant agreeing to undergo supervisory treatment shall be permitted to complain of a lack of speedy trial for any delay caused by the commencement of supervisory treatment. A person applying for admission to a program of supervisory treatment shall pay to the court a fee of $75 which shall be paid to the Treasurer of the State of New Jersey for deposit into the General Fund. 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 allow for the payment of the fee and other financial obligations by installment. amended 1979, c.178, s.89; 1988, c.44, s.15; 1991, c.329, s.5; 1993, c.275, s.15; 2013, c.158, s.12.

N.J. Stat. § 2C:43-13.1 Eligibility, application.

1. Eligibility and Application. a. 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 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.), a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), or a Mental Health Diversion Program pursuant to P.L.2023 c.188 (C.2C:43-32 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. 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. amended 2017, c.42, s.8; 2023, c.188, s.10.

N.J. Stat. § 2C:43-13.2 Court approval of defendant's participation in conditional dismissal program.

2. Court Approval of Defendant's Participation in Conditional Dismissal Program. After considering the eligibility criteria set forth in section 1 of P.L.2013, c.158 (C.2C:43-13.1), the defendant's criminal history and the municipal prosecutor's recommendation, the court may, without entering a judgment of conviction, and after proper reference to the State Bureau of Identification criminal history record information files, approve the defendant's participation in the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) and place the defendant under a probation monitoring status for a period of one year. The court may also impose financial obligations and other terms and conditions in accordance with P.L.2013, c.158 (C.2C:43-13.1 et al.). Where the court approves a defendant's participation in the conditional dismissal program over the municipal prosecutor's objection, the order approving the defendant's participation in the program shall be a final order but upon request of the municipal prosecutor shall be stayed for a period of 10 days in order to permit the prosecutor to appeal such order to the Superior Court. L.2013, c.158, s.2.

N.J. Stat. § 2C:43-13.3 Extension of conditional dismissal term.

3. Extension of Conditional Dismissal Term. A defendant may apply to the court for an extension of a term of conditional dismissal pursuant to the provisions of P.L.2013, c.158 (C.2C:43-13.1 et al.) to allow sufficient time to pay financial obligations imposed by the court. A judge may also extend a defendant's conditional dismissal term for good cause. L.2013, c.158, s.3.

N.J. Stat. § 2C:43-13.4 Violation of terms prior to dismissal.

4. Violation of Terms Prior To Dismissal. If a defendant who is participating in the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) is 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, or otherwise fails to comply with the terms and conditions imposed by the court, the court may enter a judgment of conviction and impose a fine, penalty, or other assessment which may be imposed by the court in accordance with the defendant's prior plea of guilty or finding of guilt. L.2013, c.158, s.4.

N.J. Stat. § 2C:43-13.5 Dismissal.

5. Dismissal. If, at the end of the term of the conditional dismissal, the defendant has not been convicted of any subsequent petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant. L.2013, c.158, s.5.

N.J. Stat. § 2C:43-13.6 Effect of dismissal.

6. Effect of Dismissal. The conditional dismissal of petty disorderly persons or disorderly persons offenses granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a petty disorderly persons or disorderly persons offense but shall be reported to the State Bureau of Identification criminal history record information files for purposes of determining future eligibility or exclusion from court diversion programs. A conditional dismissal granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State. L.2013, c.158, s.6.

N.J. Stat. § 2C:43-13.7 Limitation.

7. Limitation. A conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall be granted only once with respect to any defendant. L.2013, c.158, s.7.

N.J. Stat. § 2C:43-13.8 Conditional dismissal assessment, restitution and other assessments.

8. Conditional Dismissal Assessment, Restitution and Other Assessments. A defendant applying for admission to the conditional dismissal program pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall pay to the court an application fee of $75 which, upon collection, shall be deposited into the "Municipal Court Diversion Fund" established pursuant to section 9 of P.L.2013, c.158 (C.2C:43-13.9). Monies in the fund shall be used to defray the cost of intake and monitoring services related to the defendant's participation in the conditional dismissal program as provided by the Probation Division of the Superior Court. If admitted into the program, the defendant shall be required to pay any restitution, costs, and other mandatory assessments that would have been imposed by law for a conviction of the offense charged. A municipal court judge may impose an assessment, based on the nature of the offense and the character of the defendant, that shall not exceed the amount of a fine that would have been imposed for conviction of the offense charged. Such assessment shall be distributed in the same manner as a fine for the offense charged. A defendant shall be advised of these financial conditions prior to seeking entry into the program. A defendant may apply for a waiver of the 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 dismissal 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). L.2013, c.158, s.8.

N.J. Stat. § 2C:43-13.9 "Municipal Court Diversion Fund."

9. a. There is established within the General Fund a dedicated, non-lapsing fund to be known as the "Municipal Court Diversion Fund," which shall be administered by the Administrative Office of the Courts. b. The fund shall be the depository of a $75 application fee collected pursuant to section 8 of P.L.2013, c.158 (C.2C:43-13.8) for admission to the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.). c. Monies in the fund shall be used to offset the cost of the intake and monitoring services for defendants diverted from municipal court prosecution for petty disorderly persons and disorderly persons offenses under conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.). L.2013, c.158, s.9.

N.J. Stat. § 2C:43-14 Authority of supreme court

The Supreme Court may adopt rules dealing with Supervisory Treatment in accordance with procedures herein set forth. L.1978, c. 95, s. 2C:43-14, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-15 Presentation of proposed rules at judicial conference

2C:43-15. The subject matter and a tentative draft of a rule or rules proposed to be adopted pursuant to this chapter shall be entered upon the agenda and discussed at a Judicial Conference whose membership shall at least include delegates from the Supreme Court, the Appellate Division of the Superior Court, the judges of the Superior Court, the judges of the municipal courts, the surrogates, the State Bar Association, the county bar associations, the Senate and General Assembly, the Attorney General, the county prosecutors, the law schools of this State, and members of the public. L.1978, c.95; amended 1979,c.178,s.90; 1991,c.91,s.145.

N.J. Stat. § 2C:43-16 Public announcement of proposed rules; delivery of copies

The proposed rule or rules shall be publicly announced by the Supreme Court on September 15 next following such Judicial Conference (or, if such day be a Saturday, Sunday or legal holiday, on the first day thereafter that is not), and the court shall, on the same day, cause true copies thereof to be delivered to the President of the Senate, the Speaker of the General Assembly, and the Governor. L.1978, c. 95, s. 2C:43-16, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-17 Effective date of rules; rules subject to cancellation by joint resolution

The rule or rules so announced and delivered shall take effect on July 1 next following; provided, however, that all such rules shall remain subject to cancellation at any time up to such effective date by joint resolution to that effect adopted by the Senate and General Assembly and signed by the Governor. L.1978, c. 95, s. 2C:43-17, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-18 Change or cancellation of rules by statute or adoption of subsequent rules

Any rule or rules so proposed or adopted shall be subject to change or cancellation at any time by statute or by a subsequent rule adopted pursuant to this chapter. L.1978, c. 95, s. 2C:43-18, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 91, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-19 Adoption of rules at such time, or with such effective date, or without presentation at judicial conference, as may be provided in joint resolution

By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular rule or rules therein specified the Supreme Court may adopt such rule or rules at such time or times, or with such effective date, or without presentation at a Judicial Conference, as may be provided in the joint resolution. L.1978, c. 95, s. 2C:43-19, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-20 Reduction or elimination of time during which rules may be canceled by joint resolution

By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular rule or rules therein specified, the period of time as provided in 2C:43-17 during which the same may be canceled by joint resolution may be reduced or eliminated. L.1978, c. 95, s. 2C:43-20, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-21 Index and reports

a. Index. The Administrative Director of the Courts shall establish and maintain an index of cases in which applications for supervisory treatment have been made and such index shall indicate the dispositions of those applications. b. Reports. At the termination of the year in which this chapter takes effect and at the termination of each calendar year thereafter, for a period of 5 years, the assignment judge for each county shall report the results of the rehabilitative effort prescribed in this act to the Administrative Director of the Courts. The report shall include a description of offenses for which supervisory treatment was prescribed, the type of treatment to which defendants were assigned, the number and types of criminal acts, if any, committed by persons during their period of supervisory treatment, the number of persons successfully completing supervisory treatment and against whom charges were dismissed, and, where possible, the number and types of criminal acts, if any, committed by such persons subsequent to successful completion of supervisory treatment. c. Evaluation. The Administrative Director of the Courts shall, from time to time as he deems necessary, or upon request from the Legislature, evaluate the program of supervisory treatment on the basis of reports made to him by county and municipal prosecutors. He shall submit his evaluation, together with special findings and recommendations to the Legislature. d. No order of expungement or sealing shall affect any entry in the index or any registry of such information established by the Administrative Office of the Courts. L.1978, c. 95, s. 2C:43-21, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 92, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-22 Disclaimer

Nothing contained in this act is intended to supersede, repeal or modify the authority granted and procedure prescribed under section 27 of P.L.1970, c. 226 (C. 24:21-27). L.1978, c. 95, s. 2C:43-22, eff. Sept. 1, 1979.

N.J. Stat. § 2C:43-23 Definitions relative to offenders who are veterans or servicemembers.

1. As used in this act, P.L.2017, c.42 (C.2C:43-23 et al.): a. "Servicemember" means any veteran or enlisted person or officer of the United States Armed Forces, or a reserve component thereof, or the organized militia of the State of New Jersey pursuant to N.J.S.38A:1-3. b. "Eligible offense" means a non-violent petty disorderly persons offense, disorderly persons offense, or crime of the third or fourth degree. c. "Eligible servicemember" means a servicemember who allegedly committed an eligible offense and who 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 offense or while in custody, or based on information provided by family members or associates during the investigation of the offense. d. "Veterans Diversion Resource entity" means a point of access or referral to case management and mental health services that are currently available from federal, State and local government agencies to eligible servicemembers. The New Jersey Department of Military and Veterans' Affairs shall, pursuant to section 2 of P.L.2017, c.42 (C.2C:43-24), prepare and disseminate a directory of New Jersey Veteran's Diversion Resource entities to facilitate the diversion of eligible servicemembers from the criminal justice system. The department shall not be responsible for funding, developing or delivering case management or mental health services to eligible servicemembers under P.L.2017, c.42 (C.2C:43-23 et al.). e. "Mentor" means a volunteer former servicemember recruited by the New Jersey Department of Military and Veterans' Affairs pursuant to subsection (bb) of N.J.S.38A:3-6 to assist an eligible servicemember who is a veteran in accessing assistance to resolve the underlying problems that led or contributed to the eligible servicemember's involvement with the criminal justice system. f. "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). g. "Veteran" means any enlisted person or officer who was discharged or otherwise released from active service in the United States Armed Forces, or any reserve component thereof, or the organized militia of New Jersey under conditions other than dishonorable, or as otherwise provided in subsection p. of section 6 of P.L.1954, c.84 (C.43:15A-6). L.2017, c.42, s.1.

N.J. Stat. § 2C:43-24 Statewide Veterans Diversion Program.

2. a. There is hereby established a Statewide Veterans Diversion Program that shall have the purpose of diverting eligible servicemembers away from the criminal justice system and into appropriate case management and mental health services as early as possible following an interaction with law enforcement where the servicemember is alleged to have committed an eligible offense. b. The New Jersey Department of Military and Veterans' Affairs shall collaborate with the United States Department of Veterans Affairs, the United States Veterans Health Administration, United States Vet Centers, the New Jersey Department of Human Services and other federal, State, and local government agencies to prepare a directory of Veterans Diversion Resource entities within New Jersey. Each Veterans Diversion Resource entity shall serve as a point of entry to facilitate the law enforcement diversion or referral of eligible servicemembers who are veterans into existing case management and mental health services offered by the United States Department of Veterans Affairs, the New Jersey Department of Human Services, or other appropriate case management and mental health services that are available to veterans or persons with mental illness. A Veterans Diversion Resource entity, or an agency to which an eligible servicemember is referred to by the Veterans Diversion entity, shall be capable of providing screening, counseling, treatment and case management for mental health issues and other co-occurring health disorders to eligible servicemembers who are veterans, or coordinating such services through the appropriate federal, State, and local government agencies that offer assistance to veterans. To the extent feasible, a Veterans Diversion Resource entity, or an agency to which an eligible servicemember is referred to by the entity, shall be capable of accepting emergent referrals of eligible servicemembers who are veterans and are being diverted from the criminal justice system. A Veterans Diversion Resource entity, or an agency to which a eligible servicemember is referred to by the Veterans Diversion Resource entity, that accepts the referral of an eligible servicemember who is a veteran shall be capable of providing law enforcement officials with periodic status reports regarding the participation and recovery progress of an eligible servicemember, when the servicemember consents to the release of such information, as a condition of diversion from prosecution. The department shall also prepare a similar resource directory to facilitate the law enforcement diversion and referral of non-veteran eligible servicemembers from the criminal justice system. The department shall provide the Attorney General, the Administrative Director of the Courts, the Commissioner of the Department of Corrections, and the Chairman of the State Parole Board with a directory of Veterans Diversion Resource entities available within the State or shall publish the directory on its departmental Internet web site. L.2017, c.42, s.2.

N.J. Stat. § 2C:43-25 Determination of eligibility.

3. a. When a person is taken into custody for an eligible offense, the responding law enforcement officer shall inquire as to whether the person is a servicemember or has ever served in the military services of the United States. If the law enforcement officer determines that the person is a servicemember and exhibits behavior or symptoms that may be related to a mental illness, the law enforcement officer may proceed in accordance with P.L.2017, c.42 (C.2C:43-23 et al.), but with a preference for diversion of an eligible servicemember to a Veterans Diversion Resource entity or other community-based mental health services in lieu of filing a criminal complaint. If the alleged offense is not an eligible offense or the servicemember is resistant to diversion, the officer may file a criminal complaint. Regardless of whether an offense qualifies for diversion under P.L.2017, c.42 (C.2C:43-23 et al.), the officer shall inquire whether the person is a servicemember and indicate if the person claims to be a servicemember on the complaint-summons or complaint-warrant at the time it is prepared. b. Law enforcement officers may divert an eligible servicemember who appears to have a mental illness to a Veterans Diversion Resource entity or other community-based mental health services in lieu of filing a criminal complaint against the servicemember. A law enforcement officer shall not divert an eligible servicemember prior to the filing of a criminal complaint if the crime or offense involves restitution for damages, if the crime or offense involves violence or the threat of violence, if the crime or offense involves the violation of any restraining order or protective order involving another person, or where a victim of the offense objects to the diversion. For the 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. If an eligible servicemember is not diverted, the officer may proceed with the filing of a complaint-summons or complaint-warrant pursuant to law, the Rules of Court, and the directives of the Attorney General. The form of complaint shall clearly indicate the person's status as a servicemember to facilitate future efforts to divert eligible servicemembers from prosecution into case management and mental health services or the assignment of the servicemember to appropriate post-adjudication supervisory and therapeutic services, where needed to support the servicemember's recovery. c. If a law enforcement officer diverts an eligible servicemember to a Veterans Diversion Resource entity or other mental health service provider without filing a criminal complaint, the law enforcement officer may subsequently file the complaint, subject to the time limitations of N.J.S.2C:1-6, if the servicemember fails to cooperate with the service provider or has subsequent interactions with law enforcement. d. Prior to the commencement of court proceedings to adjudicate a crime or offense, the court shall notify all defendants present in the courtroom of the eligibility for prosecutorial diversion for eligible servicemembers pursuant to P.L.2017, c.42 (C.2C:43-23 et al.). L.2017, c.42, s.3.

N.J. Stat. § 2C:43-26 Application to participate in Veterans Diversion Program.

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 illegaldrugs 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 entityor 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. 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 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. 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. L.2017, c.42, s.4.

N.J. Stat. § 2C:43-27 Construction of act.

5. Nothing in P.L.2017, c.42 (C.2C:43-23 et al.) shall be construed to limit or constrain in any way the authority or discretion of a prosecutor to divert, prosecute or pursue any other disposition of a criminal matter involving a defendant who is a servicemember as defined within P.L.2017, c.42 (C.2C:43-23 et al.). When considering the diversion of a servicemember from the criminal justice system, a prosecutor may use the Veterans Diversion Program established pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), any other diversion mechanism authorized by law, or a county-based law enforcement diversion program after considering each program's restrictions, the relief available to the servicemember, and the safety of any victim and the public. L.2017, c.42, s.5.

N.J. Stat. § 2C:43-28 Development of differentiated mental health supervision case type.

6. The Administrative Director of the Courts shall develop a differentiated mental health supervision case type within the Probation Division of the Superior Court for eligible servicemembers who are sentenced to a term of probation supervision. To the extent that sufficient resources are available, probation officers assigned to the specialized caseload shall be experienced in behavioral health and evidence-based therapeutic interventions specifically targeted to military culture and shall coordinate with mentors as well as federal and State case management and health care providers available to servicemembers to promote their recovery, compliance with the terms of probation and re-integration into the community, and adjustment to civilian life. Eligible servicemembers who are sentenced to a term of probation supervision shall be screened and assigned to a differentiated mental health supervision case type pursuant to procedures developed by the Administrative Director of the Courts. A servicemember who is assigned to a differentiated mental health supervision case type shall provide written authorization for any case management or mental health service provider to release to the Probation Division and the court periodic status reports regarding the servicemember's participation, cooperation, and recovery progress. L.2017, c.42, s.6.

N.J. Stat. § 2C:43-29 Annual report to Governor, Legislature.

12. The Attorney General, in cooperation with the Administrative Director of the Courts, shall prepare an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the Veterans Diversion Program and other statutory and county-based law enforcement programs used to divert veterans from the criminal justice system. The report shall assist policymakers in determining whether these diversion programs should be modified or expanded to achieve the goals of recovery for servicemembers and public safety. The report shall include statistics regarding the number of arrests where the person indicates servicemember status; the number of servicemembers accepted into the Veterans Diversion Program or other diversion programs; the number of servicemembers who successfully completed these programs; the number of servicemembers who were found guilty at court proceedings; the number of servicemembers who, subsequent to admission in the Veterans Diversion Program or other diversion programs, were sentenced to a term of incarceration or probation; and other relevant information and recommendations at the discretion of the Attorney General. L.2017, c.42, s.12.

N.J. Stat. § 2C:43-30 Collaboration with the United States Department of Veterans Affairs.

14. The Attorney General, the Administrative Director of the Courts, the Commissioner of the Department of Corrections, and the Chairman of the State Parole Board shall collaborate with representatives of the United States Department of Veterans Affairs to identify the most efficient and practical means of sharing information regarding servicemembers who have been arrested, diverted, imprisoned, or placed on probation or parole to assist the Department of Veterans' Affairs in identifying veterans in that population to facilitate its outreach and services to justice-involved veterans. L.2017, c.42, s.14.

N.J. Stat. § 2C:43-31 Information published on websites.

15. The Attorney General, the Administrative Director of the Courts, and the Adjutant General of the Department of Military and Veterans' Affairs shall publish on their respective websites information regarding diversion programs and government-based resources available to assist justice-involved veterans and servicemembers. L.2017, c.42, s.15.

N.J. Stat. § 2C:43-32 Findings, declarations.

1. The Legislature finds and declares that, to facilitate the expansion and growth of programming for individuals with mental disorders who, due to their mental health issues, engage in conduct that results in involvement in the criminal justice system, a comprehensive response is needed. It is the goal of the Legislature to establish a Statewide Mental Health Diversion Program to divert individuals with serious mental disorders from having a public record of conviction or serving custodial time in the county jail or State prison, to allow participants to engage in mental health treatment and social services, and to reduce recidivism, thereby increasing public safety. The Legislature further declares that the objectives of the program include: (1) reducing incarceration rates for the appropriate target population through effective diversion away from the criminal justice system; (2) increasing quality of life for the target population through efficient linkage to available social entitlements and community-based mental health treatment providers, in conjunction with supportive monitoring to ensure compliance; (3) increasing community awareness and understanding through cross training of law enforcement and mental health communities; and (4) reducing recidivism and re-hospitalization rates for the target population leading to an increase in public safety. The Mental Health Diversion Program established by this enactment is grounded in principles of restorative justice where victims of crimes are empowered by maximizing their input when considering legal outcomes, and participants are held accountable yet supported in achieving long?term stability with mental health issues, gaining recovery tools, becoming law?abiding citizens, and being successful community members. This process is enhanced by the critical role of the diversion team which is anchored by the judge, who presides over a team of professionals from the fields of mental health and criminal justice, and the prosecutor. When the prosecutor makes the determination that a defendant is legally eligible for admission, a clinical determination of appropriateness is made, including a psychosocial evaluation which assists the prosecutor in a final determination of appropriateness for the program, and provides critical information for other professionals involved in programming, including the case managers, probation officers, public defenders, and clinical personnel. This act initially establishes the program in three vicinages of the State. It is the intention of the Legislature to eventually expand the program to a Statewide mental health diversion program in all vicinages. L.2023, c.188, s.1.

N.J. Stat. § 2C:43-33 Definitions.

2. As used in this act: "Eligible offense" means a crime of the third or fourth degree that does not involve violence or the threat of violence. A crime or offense does not involve violence or threat of violence if none of the following apply: the victim sustains 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 as defined in subsection c. of N.J.S.2C:11-1, or threatens by word or gesture to use a deadly weapon or threatens to inflict bodily injury. "Eligible offense" shall not include a crime of the first degree, sexual offenses, subject to subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) or pursuant to chapter 14 of Title 2C of the New Jersey Statutes, or a presumptively ineligible offense. "Eligible person" means a person who: (1) is mentally competent as that term is defined in N.J.S.2C:4-4; (2) allegedly committed an eligible offense, or allegedly committed a presumptively ineligible offense but is approved for participation by the prosecutor, and is not otherwise disqualified by the provisions of this act; and (3) has been diagnosed with a mental disorder, either previously or through a mental health evaluation conducted through the program, and there is a nexus between the person's mental disorder and the commission of the alleged crime as determined by a licensed mental health professional. "Mental Health Diversion Program" or "program" means the criminal diversionary program established pursuant to this act that shall have the purpose of diverting eligible persons away from the criminal justice system and into appropriate case management and mental health services following interaction with law enforcement and where there is a nexus between the commission of the alleged offense and the eligible person's mental disorder. "Mental Health Diversion Team" is a collaboration of professionals led by the Superior Court Judge and comprised of Assistant Prosecutors, designated Public Defenders, a licensed mental health professional, a case manager, a specially trained mental health probation officer, and a collaborative justice specialist. If resources are available, a certified drug and alcohol counselor shall be included as a member of the diversion team. "Mental disorder" means a serious mental disorder, other than a personality disorder, classified within the current version of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), including, but not limited to, psychotic disorder, bipolar disorder, major depressive disorder, post-traumatic stress disorder (PTSD), and co-occurring substance use disorders. "Presumptively ineligible offense" means a crime of second degree, a crime of the third or fourth degree that involves violence or the threat of violence, an offense enumerated in subsection a., b., c., or e. of N.J.S.2C:39-5, or an arson offense as defined in chapter 17 of Title 2C of the New Jersey Statutes. For purposes of this section, a crime or offense involves violence or threat of violence if the victim sustains 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 as defined in subsection c. of N.J.S.2C:11-1, or threatens by word or gesture to use a deadly weapon or threatens to inflict bodily injury. A crime of the first degree and sexual offenses subject to Megan's Law P.L.2001, c.167 (C.2C:7-12 et seq.) as defined in chapter 14 of Title 2C of the New Jersey Statutes shall be ineligible under all circumstances. "Psychosocial assessment" or "psychosocial evaluation" means a written evaluation of an individual's mental and emotional functioning. L.2023, c.188, s.2.

N.J. Stat. § 2C:43-34 Statewide Mental Health Diversion Program, parameters, initial implementation.

3. a. (1) There is hereby established a Statewide Mental Health Diversion Program that shall have the purpose of diverting certain persons away from the criminal justice system and into appropriate case management and mental health services as early as possible following an interaction with law enforcement where the person meets the statutory criteria for participation in the program and is alleged to have committed an eligible offense or, subject to the approval of the prosecutor, a presumptively ineligible offense where there is a nexus between the commission of the alleged offense and the eligible person's mental disorder. (2) The Statewide Mental Health Diversion Program shall be established initially in no less than three judicial vicinages, with at least one program operating in each of the northern, central, and southern regions of the State. As used in this act "northern region" means Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, and Warren Counties; "central region" means Middlesex, Monmouth, Mercer and Union Counties; and "southern region" means Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, and Salem Counties. (3) The Attorney General, in consultation with the Administrative Office of the Courts, shall select the vicinages that shall participate in the Statewide Mental Health Diversion program, and, within one year of the effective date of P.L.2023 c.188 (C.2C:43-32 et al.), shall designate currently operating mental health diversion programs pursuant to paragraph (5) of this section or cause to be established and maintained new mental health diversion programs in additional selected vicinages, which shall accept eligible persons from within the vicinage. (4) Programs in vicinages selected to participate in the Statewide Mental Health Diversion Program shall be eligible to receive funding from the "Statewide Mental Health Diversion Support Program Fund" established pursuant to section 14 of P.L.2023 c.188 (C.2C:43-41) to defray the costs of program administration and operation. (5) A mental health diversion program in operation on the effective date of this act that serves the purpose of diverting eligible persons away from the criminal justice system and into appropriate case management and mental health services, and that applies the same eligibility criteria as provided under this act, may be deemed to comply with the requirements of this act and may be selected by the Attorney General for inclusion in the Mental Health Diversion Program established pursuant to this act. b. The Attorney General, in consultation with the Administrative Office of the Courts and the Department of Human Services, shall, to the extent consistent with the selected program model, designate at least one regional Mental Health Diversion Team for the northern, central, and southern regions of program operation to coordinate case management and mental health services to eligible persons participating in the Mental Health Diversion Program established or maintained in accordance with this act, provided, however, that nothing in this section shall be construed to prevent a Mental Health Diversionary Program from using other providers if authorized by the county prosecutor. c. No later than two years after the establishment of the Mental Health Diversion Program pursuant to subsection a. of this section, the Attorney General, in conjunction with the Administrative Office of the Courts and the Department of Human Services, may, subject to the availability of funds, expand the program to additional vicinages, and shall have discretion to modify the program to meet the intent of P.L.2023 c.188 (C.2C:43-32 et al.). d. The Attorney General shall publish on its website information regarding the Mental Health Diversion Program, including the guidelines required pursuant to P.L.2023 c.188 (C.2C:43-32 et al.). L.2023, c.188, s.3.

N.J. Stat. § 2C:43-35 Mental Health Diversion Program, leader, Superior Court judge, duties.

4. The program leader in a selected vicinage shall be a judge of the Superior Court who shall preside over all participant appearances, regularly held Mental Health Diversion Team meetings, and all related court proceedings. The judge shall preside over regular Mental Health Diversion Team meetings where participant treatment, progress, and barriers are discussed. All sanctions shall be subject to discussion by team members, but final sanction decisions shall be the sole province of the court. The judge shall meet with each participant individually along with all members of the Mental Health Diversion Team in a location, such as the court well, which is suitable to facilitate private conversations, to review and discuss the participant's progress, problems, and goal achievements. Court proceedings include, but are not limited to, Orders of Acceptance, guilty pleas, sentencings, sanctions, recognitions, notices of termination, termination hearings, graduations, withdrawals, and violations of probation. Three months prior to any participant moving on, the judge shall review a formal goal attainment log with the participant and team members. At the conclusion of the court supervision term, a "moving on" or graduation ceremony shall be held where an individual, their family or friends, and other participants recognize the achievement of completion. L.2023, c.188, s.4.

N.J. Stat. § 2C:43-36 Prosecutor, refer person, consideration, Mental Health Diversion Program, timing.

5. a. At any time after the filing of a criminal complaint, including the pre-indictment and post-indictment period, but prior to the disposition of the complaint, a prosecutor may refer a person for consideration for diversion to the Mental Health Diversion Program. b. At any time after the filing of a criminal complaint, including the pre-indictment and post-indictment period, but prior to the disposition of such complaint, an eligible person, or their defense counsel, may make an application to the prosecutor for diversion to the Mental Health Diversion Program. L.2023, c.188, s.5.

N.J. Stat. § 2C:43-37 Application process, legal determination, clinical determination.

6. a. Application process. An eligible person who seeks to apply to the Mental Health Diversion Program shall, by submitting an application, agree to postpone their speedy trial rights. Applicants who are detained pre-trial shall agree to a reasonable amount of excludable time while legal and clinical determinations of eligibility are made. b. Legal determination. The prosecutor shall have the discretion to determine if an eligible person qualifies for diversion to the Mental Health Diversion Program established or maintained pursuant to P.L.2023 c.188 (C.2C:43-32 et al.) after consideration of the nature of the eligible offense, the causative relationship between the person's diagnosed or apparent mental disorder and the commission of the offense as determined by a mental health professional, the amenability of the person 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, any accompanying violations of probation, and the probability that diversion will promote the person's recovery, prevent future criminal behavior, and protect public safety. The prosecutor's office shall make a determination as to legal eligibility within a reasonable time frame. If an applicant is detained, no more than 30 days of excludable time should be granted as against an applicant for a legal determination. (1) A person who allegedly committed a presumptively ineligible offense shall not be permitted to participate in the Mental Health Diversion Program unless the prosecutor further determines, on a case-by-case basis, that mental health treatment will serve to benefit the eligible person by addressing the person's mental disorder and will thereby reduce the likelihood that the person will thereafter commit another offense and no increased danger to the community will result from the person being admitted into the Mental Health Diversion Program. (2) 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.), an application may be considered on a case-by-case basis. For purposes of this paragraph, a crime or offense involves violence or the threat of violence if the victim sustains 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 bodily injury. (3) Offenses enumerated in subsection a., b., c., or, e. of N.J.S.2C:39-5 are presumptively ineligible, however, each application may be considered by the prosecutor on a case-by-case basis subject to prosecutorial discretion. (4) A person charged with a sexual offense as defined in chapter 14 of Title 2C of the New Jersey Statutes that is subject to P.L.2001, c.167 (C.2C:7-12 et seq.) known as Megan's Law and a person currently charged with an arson offense shall be ineligible unless the prosecutor determines on a case-by-case basis that an exception is warranted. (5) The prosecutor shall consult with victims of an eligible offense prior to approving an eligible person's admission into the Mental Health Diversion Program and shall give due consideration to the victims' position on whether the eligible person should be admitted into the program. Nothing in this subsection shall be construed to alter or limit the authority or discretion of the prosecutor to admit an eligible person into the Mental Health Diversion Program which the prosecutor deems appropriate. Nothing in this section shall be construed to limit a prosecutor's discretion to admit any applicant for any ineligible offense on a case-by-case basis if, in the prosecutor's discretion, doing so is in the interests of justice. (6) The prosecutor shall have the discretion to determine whether to approve, disapprove, or conditionally approve a person for diversion into the Mental Health Diversion Program and the determination shall not be subject to review by any court. c. The prosecutor's approval of an application for diversion into the Mental Health Diversion Program pursuant to this section may be conditioned on an admission or plea of guilt by an eligible person. d. Clinical determination. If a county prosecutor determines that an applicant meets the legal requirements for admission into the Mental Health Diversion Program as established in this act, a clinical determination of eligibility shall be made by a licensed mental health professional who holds a current, valid license issued pursuant to subsection a. of section 6 or subsection a. or d. of section 8 of P.L.1991, c.134 (C.45:15BB-1 et seq.) who shall conduct an interview with an applicant to determine clinical appropriateness, and who may also conduct interviews with family members, where the applicant has completed a release authorizing such communications. The licensed mental health professional should have training or certification in co-occurring diagnoses, treatment, and services. The licensed mental health professional shall also assess whether there is a nexus between the person's mental disorder and the alleged crime. The clinical interview may be done in-person or remotely. If conducted remotely, the interview shall be conducted through technology that enables the interviewer and applicant to see one another. The licensed mental health professional shall submit a psychosocial evaluation to aid the prosecutorial determination of the applicant's eligibility for the Mental Health Diversion Program. Psychosocial reports should be returned to the prosecutor's office and applicant's legal counsel simultaneously within a reasonable period of time following clinical interviews so as to not prejudice the prosecutor's office or the defendant's interests. The evaluation shall not be shared outside of the mental health evaluation process within the prosecutor's office. Defense counsel's use of the psychosocial evaluation is limited to the mental health diversion application process, and it cannot be used in any other proceeding. The psychosocial evaluation shall be provided to the judge presiding over the mental health diversion calendar prior to the issuance of any orders of acceptance or guilty pleas. Final decisions as to acceptance shall lie with the prosecutor's office provided appropriate mental health or co-occurring services are available in the community. e. To qualify for prosecutorial diversion under this section, an eligible person shall, in addition to the terms set forth in the application to participate in the Mental Health Diversion Program, 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 Mental Health Diversion Program or other similar services; (2) Provide through defense counsel their mental health records to consider the person's eligibility for the program, and cooperate with any recommended course of treatment, including the use of medications as prescribed and participation in counseling; (3) Authorize the case management or mental health service provider to release to the prosecutor and defense counsel periodic status reports regarding the person's participation, cooperation, and recovery progress with case management and mental health services; (4) Cooperate with case management service providers to procure housing, education, and employment services, where appropriate; (5) Refrain from the use of alcohol, use of any recreational drugs, or any illegal drugs; (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 unless otherwise permitted; (9) The tolling of time for the purposes of the person's right to a speedy trial while the person is participating in the program; (10) Advise the prosecutor of any change in the person's residential address or any change in the provider of case management and mental health services; and (11) Any other terms and conditions related to the person's recovery and public safety deemed appropriate by the prosecutor. An eligible person, in consultation with the public defender assigned to the eligible person or the person's own legal counsel, shall be given the opportunity to review and sign all necessary agreements and informed consents after consulting with their designated or retained counsel. f. The prosecutor shall determine the duration of the person's participation in the Mental Health Diversion Program, whether their acceptance into the diversion program requires a guilty plea or whether a person may be accepted without having to enter a plea of guilty. The length of the person's participation in the program shall not exceed two years from the date of the Order of Acceptance issued by the court unless the prosecutor requests that the person's participation in the program be extended based on the person's treatment needs and progress, and the court for good cause approves the request. The term of the person's participation shall be based on the initial clinical evaluation and recommendations, status reports of the person's participation and attaining established goals, and progress reports from the case management and mental health service providers. g. The eligible person shall be responsible for executing any necessary releases to allow for the Mental Health Diversion Program or other case management and mental health service provider to receive periodic reports on the person's participation, cooperation, and recovery progress, including the execution of any necessary signed releases. The person shall contact the Mental Health Diversion Program or other case management and mental health service provider within seven days of the date of the diversion agreement to initiate treatment, services, and any other required activity. h. If at any time the prosecutor finds that the person has willfully failed to comply with any term or condition of the diversion agreement, the prosecutor shall file a notice with the court and defense counsel alleging willful failure to comply with the conditions of diversion. The court shall afford the person notice and an opportunity to be heard on the issue of the defendant's continued participation in the program. All actions taken to terminate an eligible person's participation in a Mental Health Diversion Program shall be carried out in full compliance with due process laws and the Rules Governing the Courts of the State of New Jersey. i. No fee shall be assessed to a person for application, participation, or treatment in the Mental Health Diversion Program, and program participants shall not be required to pay for treatment and services as a condition of participating in the program. Indigent participants who are sentenced to a term of probation may petition the court for a waiver of any other applicable fines, to the extent consistent with law. The mental health diversion team shall assist program participants in applying for all federal and State benefits that may cover or offset the cost of necessary treatment and services, including medication. The Department of Human Services shall assist a mental health diversion team in identifying available resources, programs, and benefits. j. An eligible person may be admitted to the Mental Health Diversion Program one or more times at the discretion of the prosecutor, subject to the restrictions in this section, if diversion promotes the person's recovery, prevents the commission of future offenses, and protects the safety of the public. Nothing in P.L.2023 c.188 (C.2C:43-32 et al.) shall preclude an eligible person 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 Mental Health Diversion Program to the extent that the person meets the eligibility criteria and qualifies for those programs. Nothing in P.L.2023 c.188 (C.2C:43-32 et al.) shall preclude an otherwise eligible person with pending charges, prior convictions, or prior diversion through 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) from applying to the Mental Health Diversion Program. A dismissal of a criminal complaint resulting from successful participation in a Mental Health Diversion Program pursuant to this section shall bar a person'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 person may seek subsequent admission to the Mental Health Diversion Program and may be admitted at the discretion of the prosecutor. k. The dismissal of charges for a crime of the second, third, or fourth degree, which did not involve violence or the threat of violence, based on a person's successful participation in Mental Health 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 or 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. l. Except as otherwise provided in this section, nothing in P.L.2023 c.188 (C.2C:43-32 et al.) shall limit the prosecutor's discretion to otherwise divert or provide any other available disposition for a person alleged to have committed any crime or offense other than an eligible offense, and in compelling circumstances may allow the person to participate in a Mental Health Diversion Program established or maintained in accordance with section 3 of P.L.2023, c.188 (C.2C:43-34). L.2023, c.188, s.6.

N.J. Stat. § 2C:43-38 Authority, discretion, prosecutor, Mental Health Diversion Program.

7. Nothing in P.L.2023 c.188 (C.2C:43-32 et al.) shall be construed to limit or constrain in any way the authority or discretion of a prosecutor to divert, prosecute, or pursue any other disposition of a criminal matter involving a defendant who is an eligible person. When considering the diversion of an eligible person from the criminal justice system, a prosecutor may use the Mental Health Diversion Program established pursuant to P.L.2023 c.188 (C.2C:43-32 et al.), any other diversion mechanism authorized by law, or a county-based law enforcement diversion program after considering each program's restrictions, the relief available to the person, and the safety of any victim and the public. L.2023, c.188, s.7.

N.J. Stat. § 2C:43-39 Administrative Director of the Courts, differentiated mental health supervision case type, probation.

8. a. The Administrative Director of the Courts shall develop a differentiated mental health supervision case type within the Probation Division of the Superior Court for eligible persons who are sentenced to a term of probation supervision. To the extent that sufficient resources are available, probation officers assigned to the specialized caseload shall be experienced in behavioral health and evidence-based therapeutic interventions and shall coordinate with federal and State case management and mental health service providers available to persons to promote their recovery, compliance with the terms of probation, and re-integration into the community. Eligible persons who are sentenced to a term of probation supervision shall be screened and assigned to a differentiated mental health supervision case type pursuant to procedures developed by the Administrative Director of the Courts. A person who is assigned to a differentiated mental health supervision case type shall provide written authorization for any case management or mental health service provider to release to the Probation Division, the court, prosecutor, and defense counsel periodic status reports regarding the person's participation, cooperation, and recovery progress. Probation officers assigned to the Mental Health Diversion Program may provide supervision to those participants who have been accepted into the Mental Health Diversion Program. b. A county prosecutor shall notify the Mental Health Diversion Judge that an eligible person has qualified for admission to the Mental Health Diversion Program, and request that the case be placed on the differentiated mental health supervision docket established pursuant to subsection a. of this section. c. The Judge shall preside over all Orders of Acceptance for each individual who is accepted into the Mental Health Diversion Program. The Mental Health Diversion Team shall meet at regular intervals as determined by the court to discuss participant treatment plans and participant progress and other topics critical to treatment, reduction of recidivism, and public safety including, but not limited to, pending applications, legal statuses, timelines for psychosocial evaluation, plea agreements, and requirements for program participation to promote the goals of programming. d. All guilty pleas are required to be entered before the court and may not originate from another court. e. The Mental Health Diversion Team shall consist of a Judge of the Superior Court who shall preside over the Mental Health Diversion Program for each designated region of the State, designated Assistant Prosecutors, designated Public Defenders, a certified mental health professional, a case manager, a specially trained mental health probation officer, and a collaborative justice specialist. The Judge of the Superior Court shall be designated the Mental Health Diversion Team Leader. A social worker who is trained and or certified regarding co-occurring issues can, if resources are available, be incorporated into the mental health diversion team. L.2023, c.188, s.8.

N.J. Stat. § 2C:43-40 Attorney General, Mental Health Diversion Program, report, Governor, Legislature.

13. The Attorney General, in cooperation with the Administrative Director of the Courts, Commissioner of the Department of Human Services and county prosecutors shall, no later than two years after the establishment of the Mental Health Diversion Program, prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the program. The report shall assist policymakers in determining whether the Mental Health Diversion Program should be modified or expanded to achieve the goals of recovery for eligible persons and public safety. The report shall include statistics regarding the number of applications, the number of eligible persons accepted into the Mental Health Diversion Program and the number who successfully completed this program; and other relevant information and recommendations at the discretion of the Attorney General. L.2023, c.188, s.13.

N.J. Stat. § 2C:43-41 "Mental Health Diversion Program Support Fund", established, Department of the Treasury.

14. There is created in the Department of the Treasury a special, non-lapsing fund to be known as the "Mental Health Diversion Program Support Fund." There shall be deposited into the fund the amounts made available for the purposes of the fund and any interest earned thereon. Monies deposited in the fund shall be dedicated to the purposes of defraying the costs and expenses associated with the administration and operation of the Statewide Mental Health Diversion Program established pursuant to P.L.2023 c.188 (C.2C:43-32 et al.). L.2023, c.188, s.14.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026