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 that apply to participate, aiming to divert individuals with behavioral health issues from state prisons into treatment programs to reduce prison demand and provide necessary care. To be eligible for this court-directed diversion, individuals must undergo a professional assessment and meet several criteria, including no history of firearm possession during an offense, no prior convictions or pending charges for serious violent offenses, not having been convicted on two or more separate occasions, not posing a danger to the community if placed on probation, and being in need of and likely to benefit from behavioral health care services and monitoring. If an individual violates the terms of their behavioral health special probation, which is a court-ordered alternative to traditional sentencing that includes treatment, their probation may be revoked; a second violation generally requires revocation unless the court finds a strong likelihood of successful treatment completion. Upon permanent revocation of probation, the original sentence for the offense must 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. Individuals who successfully complete their behavioral health special probation can have their records related to the arrest, detention, conviction, and proceedings expunged, meaning they can be legally cleared of these past offenses. The program will be monitored, and reports on its impact and effectiveness will be provided to the Legislature, with the program set to expire three years after its effective date.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, Referred to Assembly 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/A3650 |
| BillText | https://pub.njleg.gov/Bills/2026/A4000/3650_I1.HTM |
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