NJ Bill Would Keep Mentally Ill People Out Of Prison System

NEW JERSEY — A bill that would divert nonviolent criminal offenders from the prison system and into community-based mental health treatment was recently advanced by New Jersey legislators.

The bill is supported by both Assemblyman Raj Mukherji, D-Hudson and Assemblywoman Annette Quijano, D-Union, who said that more than a quarter of those currently incarcerated suffer from mental illnesses. In the current version of the bill, eligible offenders include those who commit nonviolent disorderly offenses or crimes.

Those who have a prior diagnosis of mental illness or other indications of mental illness may be eligible for mandatory treatment rather than jail under the legislation.

The bill's sponsors say it's still a work in progress. According to Assemblyman Raj Mukherji, D-Hudson, it is unclear whether such a program would work best when controlled by prosecutors or when modeled after the more collaborative approach that is currently used to divert offenders with substance use disorder.

The Union County Prosecutor's Office established a Special Offenders Unit in 2004 to deal with mentally ill criminal defendants. Beginning in 2006, the jail diversion program has funneled individuals with mental illnesses away from incarceration and into appropriate treatment.

Since then, county prosecutor's offices in several New Jersey counties, including Ocean, Essex, and, most recently, Gloucester, Hunterdon and Warren, have implemented similar diversion programs.

According to the bill, a person is eligible for admission to the program if they have committed an eligible offense and have a prior diagnosis of mental illness or other signs of mental illness. The bill specifically defines an eligible offense as a non-violent petty disorderly persons offense, a disorderly persons offense, or a crime of the third or fourth degree.

New Jersey also recently announced a new pilot program in Camden, Essex and Middlesex counties to identify and connect defendants with serious mental health needs who are on pretrial monitoring to mental health treatment and other vital social services.

“This program is one of several initiatives the committee is focused on to address mental illness in the criminal justice system. I am grateful for this partnership, which includes mental health advocacy groups and local law enforcement, and excited about the work ahead to provide more suitable alternatives to incarceration and improve outcomes for people with mental illness who come into contact with the justice system,” Human Services Commissioner Sarah Adelman said.

As of 2020, approximately 20 percent of inmates in jails and 15 percent of inmates in state prisons are estimated to have a serious mental illness, Adelman said.

“Releasing individuals without addressing their mental health needs is counterproductive. We know that in these cases, time is of the essence. Identifying mental health needs as early as possible is crucial to intervening and effecting positive outcomes, which not only benefits the individual but the community they are returning to,” said Division of Mental Health and Addiction Services Assistant Commissioner Valerie Mielke.

The recently announced Camden, Essex and Middlesex counties pilot program is an extension of a similar pilot program that was successfully launched in Morris County in January. The Morris County program served 23 people on pretrial release and was featured at this year's Mental Health America national conference on criminal justice reform.