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Bill > A1791


NJ A1791

NJ A1791
Establishes special probation drug court eligibility for persons with certain previous criminal convictions.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill would permit persons with certain older, multiple criminal convictions to be eligible for placement in the special probation drug court program. Under current law, a person is ineligible for the drug court program if: (1) the person has been previously convicted on at least two separate occasions for crimes of the first or second degree, unless any one of those convictions was for a violent crime rendering the person automatically ineligible (crimes such as murder, kidnapping, and sexual assault); or (2) the person has been previously convicted on at least two separate occasions, based on one offense being a crime of the first or second degree and the other offense being a crime of the third degree, but not counting any crime of the third degree for possessing a controlled dangerous substance pursuant to N.J.S.2C:35-10 (such possession convictions do not court towards the two conviction "cap" on eligibility), and neither conviction was for a violent crime rendering the person automatically ineligible. This ineligibility criterion concerning past convictions would remain in place; however, the bill would permit a person with two or more past convictions to be eligible for special probation drug court, so long as none of the convictions rendered the person automatically ineligible and any conviction for a crime of the first or second degree was at least five years old, measured from the date of the person's satisfactory completion of probation or parole, or release from incarceration, whichever date is later.

AI Summary

This bill modifies eligibility for special probation drug court, a program designed to help individuals with substance abuse issues avoid incarceration by focusing on treatment. Previously, individuals with two or more prior convictions for serious crimes (first or second degree) or a combination of serious and lesser crimes (third degree) were generally ineligible for this program, unless those convictions were for violent crimes that automatically disqualified them. This bill now allows individuals with multiple prior convictions to be eligible for special probation drug court, provided that none of their past convictions were for automatically disqualifying violent crimes, and any conviction for a first or second-degree crime occurred at least five years prior to the satisfactory completion of their probation, parole, or release from incarceration, whichever date is latest.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

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