S1819

An Act establishing a pilot reentry court and imprisonment diversion program.

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

1. a. The Administrative Director of the Courts, in consultation with the Chairman of the State Parole Board and the Commissioner of Corrections, shall establish a six-year pilot reentry court and imprisonment diversion program. The program shall provide an alternative to incarceration for offenders who would benefit from community treatment services.

b. The pilot reentry court and imprisonment diversion program shall include at least three reentry court and imprisonment diversion programs through the Superior Court, one in each of the northern, central, and southern regions of the State. The Administrative Director of the Courts shall be responsible for administering the program and may employ a collaborative court model. Each reentry court shall be comprised of a defense attorney, a prosecutor, a parole officer, and treatment staff or case managers, and be led by a judge.

c. Participation in the program shall be open to individuals sentenced to a maximum of 30 days imprisonment, parolees, or individuals on post-release community supervision who have violated their terms of supervision and have a history of substance abuse or mental health issues. The court shall assess participants for their risk of reoffending and for their treatment needs. Participants shall attend regularly scheduled court sessions, at a minimum of one per month, to discuss adherence to the supervision and treatment plan and other program requirements. Participants shall remain in the program for a maximum of 16 months and receive case management, substance abuse and mental health treatment, job training, and other services.

d. The reentry court may use graduated sanctions, such as admonishments, increased frequency of court sessions, and jail sanctions, to respond to noncompliant behaviors. The reentry court also may use incentives to reward and encourage progress.

e. Upon successful completion of the program, a reentry court may recommend a person’s early discharge from parole.

2. a. The Administrative Director of the Courts shall prepare and submit to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) a report, within 30 days following the 12th month after the effective date of P.L. , c. (pending before the Legislature as this bill) and annually thereafter for the duration of the pilot program. The annual report shall evaluate the performance of participants and the impact on the court's calendars and workload, and include recommendations to the Governor and Legislature.

b. Pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Administrative Office of the Courts shall prepare and submit to the Legislature and to the Governor:

(1) an interim report, within 60 days following the 36th month after the effective date of P.L. , c. (pending before the Legislature as this bill); and

(2) a final report, within 60 days following the 72nd month after the effective date of P.L. , c. (pending before the Legislature as this bill).

c. The interim and final reports concerning the pilot program implemented pursuant to P.L. , c. (pending before the Legislature as this bill) shall include the findings and recommendations of the annual reports prepared pursuant to subsection a. of this section and make recommendations to the Governor and Legislature to amend, extend, or make permanent the program.

3. The Supreme Court of New Jersey may adopt court rules appropriate or necessary to effectuate the purposes of this act.

4. This act shall take effect on the first day of the fourth month next following enactment and shall expire 60 days after submission of the final report to the Legislature.

STATEMENT

This bill establishes a reentry court and imprisonment diversion pilot program, to be administered by the Administrative Office of the Courts (AOC).

Under the bill, the Director of the AOC, in consultation with the Chairman of the State Parole Board and the Comissioner of Corrections, would establish a six-year pilot reentry court and imprisonment diversion program. The program would provide an alternative to incarceration for offenders who would benefit from community treatment services.

The pilot program would include at least three reentry courts and imprisonment diversion programs in the Superior Court, one in each of the northern, central, and southern regions of the State. Each reentry court would be comprised of a defense attorney, a prosecutor, a parole officer, and treatment staff or case managers, and be led by a judge.

Individuals eligible to participate would include those sentenced to a maximum of 30 days imprisonment, parolees, or individuals on post-release community supervision who have violated their terms of supervision and have a history of substance abuse or mental health issues. The court would assess participants for their risk of reoffending and treatment needs. Participants would be required to attend regularly scheduled court sessions, at least once a month, to discuss adherence to their supervision and treatment plan and other program requirements. Participants would remain in the program and receive case management, substance abuse and mental health treatment, job training, and other services for up to 16 months. The reentry court may use graduated sanctions, such as admonishments, increased frequency of court sessions, and jail sanctions, to respond to noncompliant behaviors. Incentives may also be used to reward and encourage progress. Upon successful completion of the program, a reentry court may recommend a person’s early discharge from parole.

Under the bill, the AOC would be required to prepare and submit to the Governor and to the Legislature an annual report evaluating the performance of participants and the impact on the court's calendars and workload, and making recommendations. The AOC also would submit an interim report, after the third year of the program, and a final report, within 60 days following the sixth and final year of the pilot program. The interim and final reports would make recommendations to the Governor and Legislature to amend, extend, or make permanent the program. The Supreme Court of New Jersey may adopt court rules as appropriate or necessary.

New York City recently launched a “jail diversion” program to keep defendants who have committed low-level offenses – such as possession of small amounts of illegal substances and thefts of service like exiting a taxi without paying – from imprisonment. In exchange for a guilty plea, these defendants may opt to participate in certain social service programs related to drug treatment, mental health counseling, and job training. The program, newSTART, targets defendants in need of social services and those who have been repeatedly arrested for similar crimes. The New York City Office of Criminal Justice claims that almost 75 percent of those facing short-term sentences are unemployed, and more than 40 percent are homeless. Similarly, the pilot program created under the bill would offer social services support to prevent repeat offenses and imprisonment by individuals who do not present a threat to public safety.