S3153

An Act concerning the unlawful possession of certain weapons and supplementing chapter 39 of Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. A person charged with the unlawful possession of a weapon pursuant to subsections a., b., c., e., f., or j. of N.J.S.2C:39-5 shall undergo a psychological examination. The court shall not release the person on bail before the examination report is received pursuant to subsection e. of this section.

b. If a person is charged with a violation as described in subsection a. of this section, the court shall appoint at least one qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the offender. The psychiatrist or licensed psychologist appointed shall be either:

(1) from a list agreed to by the court, the prosecutor, and the offender; or

(2) agreed to by the court, the prosecutor, and the offender.

Alternatively, the court may order examination of an offender by the Department of Human Services. The department shall provide or arrange for examination of the offender at a correctional facility or a psychiatric facility, if necessary. An offender shall not be admitted to a State psychiatric hospital for an examination unless a qualified psychiatrist or licensed psychologist designated by the commissioner determines that hospitalization is clinically necessary to perform the examination. If it is determined that hospitalization is clinically necessary to perform the examination, the court shall order the offender to be committed to the custody of the Commissioner of Human Services for placement in a State psychiatric hospital designated for that purpose for a period not exceeding 30 days. Upon request, a qualified psychiatrist or licensed psychologist retained by the offender or by the prosecutor shall be permitted to examine the offender who has been admitted to a State psychiatric hospital.

c. The examination report shall include at least the following: (1) a description of the nature of the examination; (2) a diagnosis of the offender’s mental condition; and (3) an opinion as to the offender’s capacity to understand the proceedings against him and to assist in his own defense. The person conducting the examination may ask questions concerning the crime charged when necessary to form an opinion as to a relevant issue; however, the evidentiary character of any inculpatory statement shall be limited expressly to the question of competency and shall not be admissible on the issue of guilt.

d. If the examination cannot be conducted because the offender is unwilling to participate, the report shall state that fact and shall include, if possible, an opinion as to whether the unwillingness of the offender was the result of mental incompetence. Upon filing the report, the court may permit examination without cooperation; may appoint a different psychiatrist or licensed psychologist; except on good cause shown, may commit the offender for observation for a period not exceeding 30 days; or exclude or limit testimony by the defense psychiatrist or licensed psychologist.

e. The psychiatrist or licensed psychologist shall transmit the examination report to the court, the prosecutor, and counsel for the offender or the offender in the absence of counsel.

2. This act shall take effect immediately.

STATEMENT

This bill requires that a psychological examination be conducted on any person charged and in custody for the unlawful possession of a machine gun, handgun, rifle, shotgun, or assault firearm, or a firearm or other weapon in an educational institution. Additionally, a person charged and in custody for the unlawful possession of a machine gun, handgun, rifle, shotgun, or assault firearm who has a prior conviction for a crime under section 2 of the “No Early Release Act,” P.L.1997, c.117 (C.2C:43-7.2), would also be required to undergo the psychological examination.

Under the bill, the court is required to appoint at least one qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of an offender charged with one of these firearms offenses. Alternatively, the court may order examination of an offender by the Department of Human Services, which would then provide or arrange for examination of the offender in a correctional or psychiatric facility, if necessary.

The examination report would be sent by the psychiatrist or licensed psychologist to the court, the prosecutor, and counsel for the offender or the offender in the absence of counsel. The report would include at least the following: (1) a description of the nature of the examination; (2) a diagnosis of the offender’s mental condition; (3) an opinion as to the offender’s capacity to understand the proceedings against him or her and to assist in his or her own defense. The court could not release the person on bail before receiving the examination report.