Bill > S255

Introduced Session

This bill requires uniformed law enforcement officers assigned to patrol duty to complete a one day in-service training program adopted by the Police Training Commission (PTC) in the Department of Law and Public Safety to provide them with the skills and knowledge necessary to recognize and respond to a person experiencing a mental health crisis, and when appropriate, divert that person from the criminal justice system. These law enforcement officers are required by the bill to complete an in-service refresher course at least once every five years thereafter. The bill also requires the PTC to adopt the Crisis Intervention Team - New Jersey Center for Excellence Program (CIT-NJ), the State's county-based 40-hour training and certification program modelled on the national Crisis Intervention Team Center of Excellence Program (CIT). CIT-NJ is designed to provide the skills, knowledge, and support systems necessary to divert persons experiencing a mental health crisis from the criminal justice system into behavioral health treatment services; improve law enforcement response to persons experiencing a mental health crisis; and protect the safety of first responders, the person in crisis, and the public. The program is to require a certain percentage of law enforcement officers, with a goal of 20 percent, to receive this training based on the size and responsibilities of the law enforcement agency and the particular characteristics of the community. Under the bill, the PTC is to consult with the Division of Mental Health and Addiction Services in the Department of Health (DOH), to develop and maintain relevant curriculums for the law enforcement training programs established by the bill. The curricula are to be reviewed and approved every two years and modified as appropriate. They are to include classroom instruction and interactive training to assure realistic learning experiences. At a minimum, each curriculum shall include training on: (1) the cause and nature of mental illness; (2) how to identify indicators of mental illness and appropriately respond in a variety of common situations; (3) conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally ill persons; (4) use of appropriate language when interacting with mentally ill persons; (5) alternatives to lethal force when interacting with potentially dangerous mentally ill; and (6) community and State resources available to serve mentally ill persons and how they can be best utilized by law enforcement to benefit the community. The bill requires the DOH, in conjunction with local government officials, to coordinate and facilitate a Mental Health Services Coordinating Council in each county to identify mental health screening, treatment, and case management resources within each county available to support law enforcement diversion for persons experiencing a mental health crisis. The councils are to include representatives of local law enforcement agencies, correctional facilities, courts, treatment facilities, county departments of social services, veterans' organizations, hospitals and emergency rooms, and mental health advocacy groups. If a person taken into custody for a crime or offense exhibits behavior that appears related to a mental health crisis, the law enforcement officer is authorized to, with due regard for the safety of the person, a victim, the public, and the officer, divert the person to a screening service or other alternative for mental health screening and assessment identified by the DOH. The screening service is responsible for providing referrals through personal contact to the most appropriate, least restrictive treatment setting indicated, linkage and follow-up to maintain contact with the person until the person is engaged with another behavior health service or the person is no longer experiencing a mental health crisis. The officer has discretion in determining whether a criminal complaint should be filed against the person who received the evaluation. There is to be a preference to delay or forego the filing of a criminal complaint until the person has had the opportunity to receive behavioral health treatment services, unless the crime or offense involved violence or the officer perceives a risk to a victim or the public. The officer subsequently may file a criminal complaint against a diverted person if the person fails to cooperate with the screening service or treatment provider, or commits another crime or offense. The bill also authorizes the county prosecutors to approve diversion of a defendant any time after the filing, but before disposition, of the complaint to a mental health screening service or behavioral health treatment service. Court proceedings are to be postponed pending the defendant's treatment. Defendants charged with a crime involving violence are not eligible for diversion and there is a presumption against diversion for defendants charged with certain serious crimes. The court is to review the defendant's case every six months. Charges may be dismissed if certain conditions are met by the defendant and charges may be reinstated if any conditions are not met. The DOH also is required by the bill to develop and implement any pilot program needed to improve response times when a law enforcement officer requests assistance in intervening with a person experiencing a mental health crisis and to expand availability of mental health screening services in emergent situations.

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Brian Stack (D)*,  Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/11/2022)

Official Document