New Jersey Assembly Bill A138

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Creates behavioral health court pilot program.

Impact

Under the provisions of A138, individuals eligible for the behavioral health program must undergo a professional diagnostic assessment and meet several criteria, including having no serious violent offenses and presenting no danger to the community. If these individuals successfully complete their behavioral health probation, they may also apply for expungement of their arrest and conviction records, which would facilitate reintegration into society and alleviate some of the long-term consequences of a criminal record.

Summary

Assembly Bill A138 establishes a pilot program for a behavioral health court in New Jersey. The intent of this legislation is to divert individuals with behavioral health issues from incarceration into treatment programs. This is aimed at reducing the strain on the state's prison system by intervening with treatment that addresses the underlying health issues that may have contributed to criminal behavior. The program will be implemented in no fewer than two counties and five municipalities that apply to participate.

Contention

The bill has generated discussion about the balance between rehabilitation and public safety. Supporters argue that diverting individuals into treatment instead of jail is not only more humane but also more effective at reducing recidivism. However, concerns are raised regarding the potential for public safety risks if individuals with unresolved issues are not adequately monitored or if the program is not properly structured to ensure accountability.