Middlesex County Mental Health Diversion Program

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Middlesex County Mental Health Diversion Program

Middlesex County has established a Mental Health Diversion Program (MHDP) for individuals with serious and persistent mental illness where there is a causal link between the defendant’s criminal conduct and their diagnosis. The goal is to work with appropriate individuals who agree to comply with supervised treatment to reduce convictions and incarceration, due to the individual’s continued cooperation with treatment.

MISSION STATEMENT

The Middlesex County Criminal Justice/Mental Health Initiative seeks to create a comprehensive, community-based, collaborative mental health diversion program that redirects away from arrest, incarceration, or conviction, those individuals with serious and persistent mental illness (SPMI), who are suspected of having engaged in criminal conduct. Such individuals would be better served by appropriate levels of community-based mental health treatment and support, rather than by further involvement with the criminal justice system. Inclusion in the program will be determined on a case-by-case basis, by the Middlesex County Prosecutor’s Office, while considering public safety issues and the applicant’s circumstances.

Admission Criteria

Defendant must be legally, clinically, and case management appropriate for services.
There must be a nexus between the diagnosis and the commission of the act in question.
Defendant must be a resident of Middlesex County at the time of arrest and while being supervised.
Middlesex County residents will be evaluated for eligibility. Out-of-County residents will be considered on a case-by-case basis and may be excluded based upon availability of resources.
Charges must originate in Middlesex County.
The program will focus on defendants with pending 3rd and 4th degree indictable charges. Admission of certain 2nd degree offenders will be considered on a case-by-case basis.
A prior criminal history, prior conditional discharge, or prior entry into the Pre-Trial Intervention (PTI) Program will not preclude a defendant from entry into the MHDP but will be a factor in determining eligibility.
The criminal acts in question are non-violent in nature; however, certain violent offenses will be considered on a case-by-case basis depending on:
- Nature of the conduct engaged in
- Input of the victim
- Presence of a weapon
Defendant must provide proof of a diagnosed SPMI, or a screening indication that defendant has an undiagnosed SPMI. Qualifying mental illnesses include, but are not limited to:
- Bipolar disorder and schizophrenia
- Post-traumatic stress disorder (PTSD), will be considered under certain circumstances
Defendant must be willing to accept case management services, treatment, and prescription medication (if indicated).

Exclusionary Criteria

Criminal conduct not related to an SPMI
Substance use is the primary problem/diagnosis
Violent nature of offense or violent criminal history except where a determination is made by an assistant prosecutor that the defendant is otherwise appropriate for the program and would benefit from services. Though an individual’s case may be subject to review by an assistant prosecutor at the request of counsel or medical/mental health professional, sexual and domestic violence offenders are excluded pursuant to probation’s protocols.
Any sexually based crime, including but not limited to sexual assault, sexual contact, and endangering the welfare of a child
Cases where admission will impact a co-defendant’s case
Offenses involving firearms
Arson offenses
Offenses involving intimate partner domestic violence; however, an assessment will be made on a case-by-case basis.

Referral Process

Cases can be referred immediately post-arrest, at Central Judicial Processing (CJP), at the Pre-Indictment Plea (PIP) Hearing, after Indictment.
Cases will be evaluated by a Middlesex County Prosecutor to determine legal eligibility. This assessment will include the current charge as well as prior criminal history.
Defendant must sign a release allowing mental health providers to communicate with the court, prosecutor, and defense counsel. If records are necessary to determine eligibility, defense counsel will obtain and provide copies to the Prosecutor’s Office.
The systems navigator will review records and information provided to assess clinical and case management eligibility and will provide a detailed treatment plan to all stakeholders.
All documents, medical and otherwise, will be reviewed and treated confidentially.

Acceptance

A determination will be made by a Middlesex County Prosecutor as to whether defendant will be recommended for:
- Pre-Trial Intervention (PTI) along with treatment
- Diversion by way of dismissal, conditioned upon treatment
- Admission into the Mental Health Diversion Program by way of a plea and supervision by the mental health officer of the Middlesex County Probation Department, in lieu of incarceration
Determinations on the manner in which charges will be resolved will be made on a case-by-case basis.
If defendant is in jail, specific conditions of release will be set, and defendant will be advised of release conditions on the record by the court and given a written copy of the conditions.
For PTI cases: Accepted defendants will enter into the PTI Program. Specific conditions of the treatment plan will be incorporated into the order of postponement. If the defendant complies with the conditions of PTI, the case will be dismissed. If the defendant does not comply with the conditions of PTI, the case will be returned to the regular calendar for traditional prosecution.
Diversion by way of Dismissal: Once the case is approved for entry into the program, the defendant will be required to agree to an Order of Acceptance which will detail specific conditions related to the defendant’s treatment plan, and the court will hold the case in abeyance. The court will review this order and its conditions on the record with the defendant to ensure that the defendant understands the requirements. While in the program, the defendant will continue to be represented by defense counsel and both counsel and the defendant are required to appear before the court for regular reviews determined by the court. A Diversionary Team consisting of Middlesex County Probation Services, the System Navigator (SN), treatment providers, and the parties, will meet weekly to discuss defendant’s compliance and progress. If the defendant complies with the conditions set in the Order of Acceptance, the case will be dismissed. If the defendant does not comply with the terms of the Order of Acceptance, the case will be returned to the regular calendar for traditional prosecution.
Participation with a Plea: Defendant will enter into a plea and be placed on probation and will be supervised by the mental health probation officer, or through regular probation with case management by the System Navigator. Specific conditions related to the defendant’s treatment plan will be incorporated into defendant’s conditions of probation. If the defendant does not comply with the terms of probation, they may be subject to a violation of probation (VOP) and appropriate sanctions consistent with the law.

Resources

Mental Health Diversion Program Order
Mental Health Diversion Program Release
Mental Health Diversion Program Application
Mental Health Diversion Program Referral Form

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Middlesex County NJ

Middlesex County Mental Health Diversion Program

Middlesex County Mental Health Diversion Program

MISSION STATEMENT

Resources