JERSEY CITY OFFICE OF THE MUNICIPAL PROSECUTOR
Program Overview
The Jersey City Office of the Municipal Prosecutor is proud to announce the launch of a Veterans Diversion Program (VDP) in Jersey City effective November 2, 2018. Under the VDP, eligible service member who are charged with certain qualifying offenses may be eligible for diversion to rehabilitative treatment in lieu of the traditional criminal prosecution. The authority for the VDP is codified in N.J.S.A.2C:43-23 – 31, and in Jersey City is possible in large part through collaboration with Jersey City Community Solutions.
Our program is available to an eligible service member who: (1) allegedly has committed a non-violent petty disorderly persons offense or disorderly persons offense and (2) has a prior diagnosis of mental illness or for whom police or prosecutors believe has a mental illness based on behaviors and symptoms exhibited during the commission of the offense or while in custody, or from information provided during investigation.
An eligible service member is any veteran or enlisted person or officer of the United States Armed Forces, including Reserve and National Guard. A veteran is any enlisted person or officer who was discharged or otherwise released from active service under conditions other than dishonorable.
A person is not eligible for this program if she has: (1) pending charges for a first or second degree crime in the Superior Court, (2) a prior conviction for a crime under the No Early Release Act (“NERA”, see N.J.S.A.2C:43-7.2), or (3) the pending alleged offense involved violence or the threat of violence. Additionally, there is a presumption against admission for a person charged with any offense involving domestic violence.
The Office of the Municipal Prosecutor retains sole discretion over who is admitted into the VDP.
The program’s conditions vary depending on individual needs, but participants in the program are expected to refrain from further criminal activity, refrain from the use of alcohol or illegal drugs, regularly attend counseling and, where applicable, receive mental health or substance abuse treatment in accordance with various other possible conditions listed at N.J.S.A. 2C:43-26(d).
Participants must meet all diversion requirements established upon admission into the program, and the program must be successfully completed in less than two years from the date of diversion. A service member who successfully completes the terms and conditions of this program to the satisfaction of the prosecutor shall have her charges dismissed.
How to Apply
Attorneys or pro se defendants with qualifying offenses currently pending before the Jersey City Municipal Court should complete the referral/release and acknowledgement. These forms are available through the links below, with additional links to forms related to Veterans Administration. Completed forms should be brought to the pending matter’s next scheduled court date and delivered to the case’s prosecutor. You will get an application and in take form in court.
Referral and release form
Acknowledgement form
Veterans Affairs Form 10-5345
DD 214 Request (if applicable)
Any additional questions regarding the program can be directed to Assistant Prosecutor Linda A. at (201) 209-6755, ext. 1781.
Also, in collaboration with several other city departments and outside service providers, we are pleased to offer a monthly veterans resource day (open to all veterans regardless of court-involvement) on the first Friday of every month at 10am at 365 Summit Avenue in Jersey City.
