S3976

An Act establishing a gambling treatment diversion court pilot program and supplementing Title 2B of the New Jersey Statutes.

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

1. The Legislature finds and declares that legalized gambling is a $3.5 billion dollar industry in New Jersey. The New Jersey Division of Gaming enforcement reported that in 2020, the industry’s total gaming revenue was $2.881 billion compared to $3.469 billion in 2019, reflecting a decrease of 16.9%, likely due to COVID. However, internet gambling dramatically increased by 101% during COVID to $970.3 million when compared to the prior period. Sports wagering gross revenue was $66.4 million for December 2020, and sports wagering gross revenue was $398.5 million. The Legislature further finds that traditional gambling, requiring money to participate, including land based gaming formats such as casino gaming, lottery and scratch-off cards, and newer formats, such as internet gambling and sports betting, create unrestrained opportunity for persons with problem gambling or disordered gambling to become engulfed in destructive behaviors, ranging from personal and family financial ruin to criminal behavior, because of the disease of problem gambling or disordered gambling. While the industry does not cause destructive behavior, and each individual must be accountable for their actions, it is fitting and proper, that a special court with judges knowledgeable in criminal law and procedure and addictive behaviors, be established to adjudicate criminal cases involving persons determined to be affected by problem gambling or disordered gambling.

2. Definitions.

a. “Person with an addictive disorder related to gambling” defined. “Person with an addictive disorder related to gambling” means a person who suffers from disordered gambling and who meets the criteria for Gambling Disorder as described in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association.”

b. “Disordered gambling” defined. “Disordered gambling” is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association.”

c. “Problem gambling” defined. “Problem gambling” is defined as a sub-clinical term with the following symptoms, including but not limited to, increasing preoccupation with gambling, loss of control, restlessness or inability when attempting to stop gambling.

d. “Qualified mental health professional” means any of the following persons:

(1) A person who is certified as a problem gambling counselor.

(2) A person who is certified as a problem gambling counselor intern who is under a qualified supervisor and actively pursuing IGCCB certification.

(3) A physician licensed to practice in New Jersey who holds a board certification in Psychiatry or Addiction Medicine.

(4) A nurse who is licensed (R.N.) and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers or disordered gamblers.

(5) A licensed psychologist.

(6) A licensed professional counselor (LPC).

(7) A licensed clinical alcohol and drug counselor (LCADC).

(8) A marriage and family therapist (LMFT) authorized to engage in the practice of counseling problem gamblers or disordered gamblers.

(9) A person who is licensed as a clinical social worker (LCSW) and is authorized by the State Board of Social Work Examiners to engage in the practice of counseling problem gamblers or disordered gamblers.

(10) For subparagraph (1), and subparagraphs (4) through (9) of this subsection, the qualified mental health professional must have International Gambling Counselor Certification Board (IGCCB) certification and maintain such active IGCCB certification.

e. “Gambling Treatment Diversion Court Pilot Program Court Coordinator” (hereinafter “gambling court coordinator”) is a qualified mental health professional who shall collect and gather all information, including but not limited to, treatment provider reports, probation reports, drug tests, support group attendance logs, employment information, restitution payments, other financial documents, location monitoring history, and submit same to the court in a unified report.

f. “Restitution” means the total amount of money owed to a victim of a crime to compensate the victim for all losses suffered as a result of the crime and any statutory fees and costs associated with the collection of that amount of money.

3. a. There is hereby established a “Gambling Treatment Diversion Court Pilot Program” which shall have as a purpose the treatment of persons determined to be affected by problem gambling or disordered gambling and who committed a crime for which they have been convicted in furtherance of or because of the gambling. The “Gambling Treatment Diversion Court Pilot Program” shall be administered by the Administrative Office of the Courts and shall be established, as it so determines, including regarding the appropriate and practical assignment of gambling court cases within the court system statewide.

b. At a minimum, the program shall:

(1) (a) include the terms and conditions for successful completion of the diversion program;

(b) require that the person assigned to the diversion program agree to pay restitution as a condition upon the election of treatment; and

(c) provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the diversion program.

(2) be administered by a qualified mental health professional and shall include, without limitation:

(a) information and encouragement for the participant to cease problem or disordered gambling through educational, counseling and support sessions such as those offered through the Council on Compulsive Gambling of New Jersey 1-800-GAMBLER;

(b) the opportunity for the participant to understand the medical, psychological, social, and financial implications of problem gambling or disordered gambling; and

(c) appropriate referral to community, health, substance use disorder, religious and social service agencies, including the Council on Compulsive Gambling of New Jersey1-800-GAMBLER for additional resources and related services, as needed.

(3) Before the court assigns a person to a diversion program for the treatment of problem gambling or disordered gambling, the person must agree to pay the cost of the diversion program to which he or she is assigned, to the extent of the financial resources of the person, including use of the person’s health or medical insurance, if available. If the person does not have the financial resources to pay all the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a diversion program that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

4. A person with a gambling problem or who suffers from disordered gambling who has been convicted of a crime and who committed the crime in furtherance of or because of problem gambling or disordered gambling is eligible to be assigned by the court to a program for the treatment of problem gambling or disordered gambling before the person is sentenced unless:

a. The crime is:

(1) A crime against the person as set forth in chapters 11 through 18 in Title 2C of the New Jersey statutes;

(2) A crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4;

(3) An act which constitutes domestic violence pursuant to P.L. 1991, c.261 (C.2C:25-17 et seq.);

b. The disordered gambler has a record of two or more convictions of a crime described in subsection a. of this section or a similar crime in violation of the laws of another state;

c. Other criminal proceedings alleging commission of a violent offense are pending against the problem gambler or disordered gambler;

d. The person is on probation or parole, except that the person is eligible if the appropriate probation or parole authority consents or the court finds that the person is eligible after considering any objections made by the appropriate probation or parole authority; or

e. The person has previously been assigned by a court to a program for the treatment of problem gambling or disordered gambling, except that the person is eligible to make the election if the court finds that the person with the disorder is eligible to make such an election.

f. If the court makes a judicial finding that:

(1) the person who has been convicted of a crime is afflicted with problem gambling or disordered gambling; and

(2) the person committed the crime in furtherance of or because of problem gambling or disordered gambling; the court shall hold an eligibility hearing before it sentences the person to determine whether the person committed the crime in furtherance of or because of problem gambling or disordered gambling and whether the person should receive treatment under the supervision of a qualified mental health professional. A prosecutor, public defender or defense attorney may present the court with any evidence concerning whether the person committed the crime in furtherance of or because of problem gambling or disordered gambling and the advisability of permitting the person to enter the program.

g. At the hearing, the court shall advise the person that sentencing will be postponed if the person submits to treatment and is accepted into a diversion program for the treatment of problem gambling or disordered gambling. The court shall advise the person that:

(1) The court may impose any conditions upon the treatment that could be imposed as conditions of probation;

(2) If the person is accepted, the person may be placed under the supervision of the qualified mental health professional for a period of not less than one year or until the court, upon assessment and recommendation of the qualified mental health professional treatment provider, determines that the person has successfully completed the diversion program, whichever is later, except that no person shall remain under supervision pursuant to this section for a period in excess of three years.

h. If the person satisfactorily completes the diversion program described in section 3, as determined by the court, the conviction shall be set aside. If the person does not satisfactorily complete the diversion program and satisfy the conditions, the court shall impose a sentence that might have been imposed, or that would have been required to be imposed, originally for the offense for which the person was convicted or adjudicated delinquent; and

i. If the person’s conviction is set aside the person may, at any time after the conviction is set aside, file a petition for the expungement of all records relating to the setting aside of the conviction.

j. If the court, after a hearing, determines that a person is eligible to accept the problem gambling or disordered gambling treatment offered, the court shall order a qualified mental health professional to assess the person. The assessment must include:

(1) whether the person is a problem gambler or disordered gambler,

(2) whether the person committed the crime in furtherance of or because of problem gambling or disordered gambling, and

(3) whether the person is likely to be rehabilitated through treatment.

k. The qualified mental health professional shall report to the court the results of the assessment and recommend whether the person should be placed under supervision for treatment.

l. If the court, acting on the report of the qualified mental health professional or other relevant information, determines that the person is not a problem gambler or disordered gambler or did not commit the crime in furtherance of or because of problem gambling or disordered gambling, or the person is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, the person may be sentenced.

m. The court shall appoint a qualified Gambling Treatment Diversion Court Pilot Program Court Coordinator, or gambling court coordinator, to collect and gather all information, including but not limited to, treatment provider reports, probation reports, drug tests, support group attendance logs, employment information, restitution payments, other financial documents, location monitoring history, and submit same to the court in a unified report.

n. If the court determines that the person is a problem gambler or disordered gambler, committed the crime in furtherance of or because of problem gambling or disordered gambling, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

(1) Impose any conditions that may be imposed as conditions of probation;

(2) Defer sentencing until such time, if any, as sentencing is authorized; and

(3) Place the person under the supervision of a qualified mental health professional for not less than one year and not more than three years. The court may require such progress reports on the treatment of the person as it deems necessary. The probation department or other appropriate agency designated by the court to monitor or supervise the person shall report periodically to the court or gambling court coordinator as to the person's progress in treatment and compliance with court-imposed terms and conditions. The qualified mental health professional shall promptly report to the gambling court coordinator all significant infractions by the person to comply with any court-imposed term or condition.

o. A person who is placed under the supervision of a qualified mental health professional shall pay the cost of the program of treatment to which the person is assigned and the cost of any additional supervision that may be required, to the extent of the financial resources of the person. The judgment shall constitute as a lien in like manner as a judgment for money rendered in a civil action.

p. If the person who is placed under the supervision of a qualified mental health professional does not have the financial resources to pay all the related costs:

(1) The court shall, to the extent practicable, arrange for the person to be assigned to a treatment program that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

(2) The court may order the person to perform supervised community service in lieu of paying the remainder of the costs relating to the person’s treatment and supervision.

q. Whenever a person is placed under the supervision of a qualified mental health professional, the person’s sentencing shall be deferred, and the person’s conviction shall be set aside if the qualified mental health professional certifies in writing to the court that the person has satisfactorily completed the program of treatment and the court approves the certification and determines that the conditions imposed for treatment have been satisfied.

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

6. The Administrative Office of the Courts shall submit and publish a comprehensive study and report on the Gambling Treatment Diversion Court Pilot Program. The report shall include findings as to whether a continuation of the Gambling Treatment Diversion Court Pilot Program is in the interest of the citizens of this State.

7. This act shall take effect on the first day of the third month after enactment and shall expire three years after the effective date.

STATEMENT

This bill creates a Gambling Court Pilot Program with the purpose to treat persons determined to be affected by an addictive disorder related to gambling and who committed a crime for which they have been convicted in furtherance or as a result of the gambling. The Gambling Treatment Diversion Court Pilot Program would be administered by the Administrative Office of the Courts and be established, as the AOC determines, including regarding the appropriate and practical assignment of gambling court cases within the court system Statewide. This bill is modeled after a similar program in Las Vegas, Nevada established November 2018.