Identify and Divert

Recently the Cumberland County Prosecutor’s Office Criminal Justice Unit received a $1.3 million grant from the New Jersey Office of the Attorney General for a Mental Health Diversion Program. This Mental Health Diversion Program was enacted under the Criminal Reform Act and codified in N.J. legislation to offer alternatives to prosecution for individuals whose alleged offenses are linked to mental health conditions. The Program connects behavioral health teams to individuals with serious mental illness who face low level indictable charges.  The goal is to provide treatment and services so that the charges can be dismissed.  

The Program’s key objective is to divert eligible individuals early—ideally at initial law enforcement contact, but could also occur at jail intake, or first court appearance—into case management and mental health services, rather than traditional criminal processing. Ultimately, this will help reduce incarceration rates as well. 

Significant barriers for individuals with serious mental illness and criminal charges include quickly identifying their unmet social needs, such as housing, food and transportation, and offering support for treatment services such as therapy and medication options. The outcome will be drastically improved because the individual gets help immediately without entering the criminal justice system and experiencing all of the negative repercussions that go with it.

The local Program is named JusticeLink I.D. and covers Cumberland, Salem and Gloucester Counties and will be coordinated by the Cumberland County Prosecutor’s Office’s Criminal Justice Unit, under Tracy Swan, Public Safety Reform Strategist, who also wrote the successful proposal. 

The JusticeLink I.D. will operate much like Recovery Court; however, participants will not need to plead guilty to be included in the Program and receive services. They also do not foresee that participants will be a part of the Program for as long as Recovery Court participants, with a minimum of one year and a maximum of two years. 

The JusticeLink I.D. is overseen by a Mental Health Diversion Team composed of a Superior Court judge, prosecutor, public defender, mental health professionals, case managers/peer recovery specialists, a mental health-trained probation officer, and a drug and alcohol counselor are also included when resources allow. 

Individuals may be referred to the Program by prosecutors (after criminal complaints are filed but before resolution) or apply through their defense counsel. 

Prosecutors will determine the individual’s legal eligibility through a review of the offense, whether it’s inherently connected to a mental health condition, prior history, public safety interests, and likelihood of promoting recovery and reducing future offenses. 

Then, a qualified mental health professional will determine the individual’s clinical eligibility by assessing whether the person has a serious mental illness and whether there’s a nexus between the illness and criminal behavior. 

Once deemed legally and clinically eligible, the individual is accepted into the Program and begins receiving case management and treatment/services. These services will not only help keep the participant compliant with court conditions while in the Program, but most importantly, change their life for long-term mental health recovery and away from future criminal offending. These services can include medication management; in- or out-patient mental health treatment; identification and public benefits; housing; employment; and transportation. Sustained connections to social service support will help reduce recidivism and re-hospitalization for these individuals. 

The three counties hope that JusticeLink I.D. can case-manage up to 50 participants at any one time. 

“Too often, people struggling with untreated mental illness cycle in and out of jail instead of getting the mental health care that can put an end to the revolving door.” said Cumberland County Prosecutor Jennifer Webb McRae. “JusticeLink I.D. provides the opportunity for individuals to get critical treatment without compromising public safety. It gives individuals the opportunity under supervision to heal, stabilize, and rebuild, while reducing the burden on our courts, jails, and law enforcement.”

The Cumberland County Mental Health and Addictions Board actively promotes awareness of stigma and the need for public education regarding mental health and addiction. The Board meets monthly, and the public is invited to attend. Refer to the meeting schedule on the Cumberland County website for meeting dates. 

The Board is also seeking new members. Interested persons should send a letter of interest and a resume to Melissa Niles, Cumberland County Human Services, 70 W. Broad Street, Bridgeton, NJ 08302 or [email protected]

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