Bill > A138

Introduced Session

This bill establishes a behavioral health court pilot program. The goal of the behavioral health court pilot program is to divert certain persons suffering from behavioral health issues from the State prison system and into treatment programs, thereby reducing the demand for State prison bed spaces and providing treatment to eligible offenders. Under the bill, a person will be eligible for court directed diversion when the individual has undergone a professional diagnostic assessment and: (1) has no history of possessing a firearm during the commission of an offense; (2) has no previous convictions or pending charges for a serious violent offense; (3) has no convictions on two or more separate occasions; (4) presents no danger to the community if placed on probation; (5) is in need of behavioral health care services; and (6) will benefit from the behavioral health treatment and monitoring. An individual who violates any term or condition of the behavioral health special probation related to behavioral health care treatment may have their probation revoked by the court. Upon a second violation, the court is required to revoke the behavioral health special probation unless the court finds that there is a substantial likelihood that the person will successfully complete the treatment program if permitted to continue. If a court permanently revokes a person's behavioral health special probation, the court is required to impose any sentence that might have been imposed, or that would have been required to be imposed, for the offense for which the person was convicted. The court has the option, in lieu of revocation of behavioral health special probation, to impose a term of incarceration for a period of not less than 30 days nor more than two months, after which the person's term of behavioral health special probation pursuant to this section may be reinstated. A person successfully discharged from a term of behavioral health special probation may seek expungement of all records and information relating to the arrest, detention, conviction, and proceeding for any offense that existed at the time of discharge.

Committee Categories

Don Guardian (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document