Garden State Times

Senator Joe Pennacchio (R-26) criticized the newly approved legislation, S-524, by the New Jersey Senate, stating that it gives criminals a "Get Out of Jail Free" card. Pennacchio raised concerns about the bill's provisions that allow prosecutors to divert offenders into a Mental Health Diversion Program without judicial oversight.

Pennacchio expressed his disapproval, saying, “Trenton Democrats just passed legislation that would give individual prosecutors the authority to divert almost any offender into a Mental Health Diversion Program prior to prosecution without the input of a judge.” He added, “This legislation will put public safety at risk and dramatically weaken the justice system for victims of crimes.”

The bill, S-524, establishes a program where prosecutors can divert violent criminals away from the criminal justice system based on a diagnosis of a "mental disorder," which could include common conditions like depression. Notably, the determination of mental health conditions is outsourced to a social worker, who can make the assessment remotely, even via platforms like Zoom.

Under the proposed legislation, prosecutors have the sole discretion to include various crimes, including violent offenses, arson, and weapons charges, in the Mental Health Diversion Program. Offenders who participate in the program may have their criminal records expunged automatically, and there are no consequences for failing the program. Additionally, there is no limit to the number of times a criminal can reenter the program.

The bill's provisions have raised concerns about the impact on public safety and the integrity of the justice system, with Senator Pennacchio emphasizing the potential risks associated with the legislation.

For additional information or comments from Senator Pennacchio, interested parties are advised to contact Jonathan Azzara in the SRO communications department.