What is the Veteran’s Diversion Program in New Jersey?

New Jersey established the Veterans Diversion Program (VDP) to offer eligible servicemembers with mental illnesses accused of committing certain offenses a path outside the criminal justice system. More specifically, the program aims to divert non-violent veterans to treatment and rehabilitation programs instead of processing them through the criminal justice system. The intended result is for the veteran to avoid a criminal conviction and get the necessary treatment.

Eligibility Requirements

Individuals must meet the following requirements to participate in VDP:

• They must be an active or former service member in the U.S. Armed Forces, or a reserve component thereof, or the organized militia of the State of New Jersey;
• They have an eligible offense, which includes non-violent petty disorderly offenses, disorderly offenses, and 3rd or 4th-degree offenses; and
• They have a mental illness, which includes a mental disorder classified within the current version of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), including, but not limited to, anxiety disorders, cognitive disorders, adjustment disorders, schizophrenia and other psychotic disorders, bipolar disorder, depression, and post-traumatic stress disorder (PTSD).

The prosecutor has the sole discretion to determine whether a person is qualified and should be admitted to VDP. However, unlike other diversion programs, VDP is not limited to first-time offenders. Nonetheless, the following factors are relevant to the determination of whether a veteran should be able to participate in VDP:

• the extent of the causative or contributory relationship between the person’s diagnosed or apparent mental illness and the commission of the offense;
• the amenability of the defendant to fulfilling the VDP conditions;
• the nature and circumstances surrounding the commission of the offense;
• the desires of any victim;
• the person’s history of prior convictions;
• the likelihood that diversion will promote the person’s recovery, prevent future criminal behavior, ensure public safety; and
• the availability of other dispositions, such as Pre-Trial Intervention or Recovery Court, may better suit the needs of the defendant, victims, or the public.

How VDP Works

Veterans and/or their attorneys should apply to participate in VDP within forty-five (45) days of the initial arrest. When entering VDP, the veteran is subject to intensive treatment and monitoring by a treatment provider, the Veteran’s Administration (VA), and the Prosecutor’s office. In addition, the veteran is subject to certain conditions and requirements to stay in the program and must complete all those requirements within one (1) year.

VDP also uses volunteer mentors to help eligible servicemembers get assistance to resolve the underlying problems that led to or contributed to their involvement with the criminal justice system.

Basic Diversion Terms

A veteran must agree to basic diversion program terms set forth by statute and any terms the prosecutor’s office sets. These terms include:

• participating in case management and mental health services through an applicable veterans diversion resource entity, and complying with any recommended course of treatment;
• authorizing any case management or treatment provider to release periodic status reports to the Prosecutor’s Office regarding the admitted defendant’s participation;
• cooperating with case management service providers to procure housing, education, and employment services, where appropriate;
• paying restitution for damages resulting from the offense; refraining from the use of alcohol or illegal narcotics or from frequenting any place where such items are sold or used;
• refraining from the possession or use of firearms or other weapons;
• surrendering any firearms carry permits, purchase permits, and Firearms Purchaser Identification Cards;
• refraining from further criminal activity;
• refraining from any contact with a victim of the offense;
• cooperating with a designated mentor assigned by a veterans diversion resource entity;
• agreeing to the tolling of time for purposes of the defendant’s right to a speedy trial while the defendant is participating in the VDP;
• advising the Prosecutor’s Office of any change in address or change in case management or treatment provider; and
• abiding by any other terms and conditions set forth by the Prosecutor’s Office in the interest of the defendant’s recovery and public safety.

Completing the VDP

If the veteran has completed all requirements, has made progress toward their goals, and has not committed any further criminal offenses, they can have their criminal charges dismissed. They later can apply for expungement of the dismissed case.

However, suppose the veteran fails to comply with any term or commission of the VDP agreement. In that case, the prosecutor’s office can notify the court that it is ready to proceed with prosecution. The court then will schedule the case for further court proceedings as needed.

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