summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
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.
AI Summary
This bill establishes a behavioral health court pilot program in at least two counties and five municipalities, allowing individuals with behavioral health issues to be diverted from prison into treatment programs, provided they meet specific criteria such as a professional diagnostic assessment, no history of firearm possession during an offense, no prior serious violent offenses or multiple convictions, and posing no danger to the community. If an individual violates the terms of their behavioral health special probation, which is a court-ordered period of supervision with treatment requirements, the court may revoke it; a second violation generally leads to revocation unless the court finds a strong likelihood of successful treatment completion. If probation is permanently revoked, the original sentence for the offense will be imposed, though the court can opt for a short jail term (30 days to two months) instead of permanent revocation, after which probation can be reinstated. Successfully completing the program allows individuals to seek expungement, or clearing, of their criminal records related to the offense. The program will be monitored and evaluated, with reports submitted to the Legislature, and will expire three years after its effective date.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S2038 |
| BillText | https://pub.njleg.gov/Bills/2026/S2500/2038_I1.HTM |
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