The Hunterdon County Prosecutor’s Office publishes the state’s Veterans Diversion Program - codified at N.J.S.A. 2C:43-23 to 31, effective December 1, 2017 - for veterans and serving members charged with non-violent petty disorderly, disorderly-persons and third- or fourth-degree offenses who have a mental illness; after a minimum of six months the prosecutor may move for dismissal, with expungement possible.
Also called: Veterans Diversion, VDP, N.J.S.A. 2C:43-23, Renee M. Robeson, prosecutor, expungement, Resource Entities Directory.
The county's page. "On December 1, 2017, the Veterans Diversion Program (VDP) went into effect across the state and is codified under NJSA 2C:43-23 to 31. The purpose of the program is to provide veterans who are suffering from a mental illness or substance abuse and are charged with certain criminal offenses, the help they need by routing them through community and government-based resources."
Criteria. "To be eligible, a participant must meet three criteria: A veteran or currently serving member of the U.S. armed forces, or a reserve component thereof, or the organized militia (National Guard); That has an eligible offense (non-violent petty disorderly offenses, disorderly persons offenses, 3rd, and 4th degree indictable offenses); and Has a mental illness or who is believed to have a mental illness based on behaviors and symptoms exhibited during the offense or while in custody."
Ineligibility. "A person is not eligible for this program if they have a pending first or second-degree charge; a prior conviction for a No Early Release Act crime; or a crime or offense involving violence or the threat of violence. Persons charged with an offense involving domestic violence likely will not be eligible."
Process. "Defendants may apply to the prosecutor for admission at any time prior to disposition of the charges. The prosecutor has full discretion in the admission process. Defendants must fill out the application form, provide proof of discharge or service, and seek an evaluation from their local veteran service provider. No plea of guilt is required for admission and the court will divert the case if accepted. After a minimum of 6 months from the date of diversion, the prosecutor may move for dismissal of the criminal charges if the defendant has complied with the terms and conditions of the agreement and has no new charges. Prosecutors may also ask for an immediate expungement of charges." The page links the "Veterans Diversion Resource Entities Directory (PDF)." Prosecutor Renee M. Robeson's office publishes the program under its Community Outreach menu. New Jersey has no per-county veterans treatment court list on njcourts.gov; the prosecutor-run diversion program is the state's veteran criminal-justice mechanism.
Thresholds
Thresholds for Hunterdon County Veterans Diversion
Gate
Rule
Justice-involved veteran
Eligibility requires veteran or serving status, an eligible non-violent offense and a mental illness; the prosecutor has full discretion. A disability rating is not the test.
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.