New Jersey Statutes 2C:43-23. Definitions relative to offenders who are veterans or servicemembers
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| disorderly persons offense | up to 6 months | up to $1,000 |
| petty disorderly persons offense | up to 30 days | up to $500 |
Terms Used In New Jersey Statutes 2C:43-23
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. “Servicemember” means any veteran or enlisted person or officer of the United States Armed Forces, or a reserve component thereof, or the organized militia of the State of New Jersey pursuant to N.J.S. 38A:1-3
b. “Eligible offense” means a non-violent petty disorderly persons offense, disorderly persons offense, or crime of the third or fourth degree.
c. “Eligible servicemember” means a servicemember who allegedly committed an eligible offense and who has a prior diagnosis of mental illness or for whom a law enforcement officer or prosecutor has a reasonable belief that the person has a mental illness based on behaviors and symptoms exhibited during the commission of the offense or while in custody, or based on information provided by family members or associates during the investigation of the offense.
d. “Veterans Diversion Resource entity” means a point of access or referral to case management and mental health services that are currently available from federal, State and local government agencies to eligible servicemembers. The New Jersey Department of Military and Veterans’ Affairs shall, pursuant to section 2 of P.L.2017, c.42 (C. 2C:43-24), prepare and disseminate a directory of New Jersey Veteran’s Diversion Resource entities to facilitate the diversion of eligible servicemembers from the criminal justice system. The department shall not be responsible for funding, developing or delivering case management or mental health services to eligible servicemembers under P.L.2017, c.42 (C. 2C:43-23 et al.).
e. “Mentor” means a volunteer former servicemember recruited by the New Jersey Department of Military and Veterans’ Affairs pursuant to subsection (bb) of N.J.S. 38A:3-6 to assist an eligible servicemember who is a veteran in accessing assistance to resolve the underlying problems that led or contributed to the eligible servicemember’s involvement with the criminal justice system.
f. “Mental illness” means a mental disorder classified within the current version of the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), including, but not limited to, anxiety disorders, cognitive disorders, adjustment disorders, schizophrenia and other psychotic disorders, bipolar disorder, depression, and post-traumatic stress disorder (PTSD).
g. “Veteran” means any enlisted person or officer who was discharged or otherwise released from active service in the United States Armed Forces, or any reserve component thereof, or the organized militia of New Jersey under conditions other than dishonorable, or as otherwise provided in subsection p. of section 6 of P.L.1954, c.84 (C. 43:15A-6).
L.2017, c.42, s.1.