Gov. Phil Murphy conditionally vetoed S542 (Ruiz)/A1700 (Quijano), which establishes a Mental Health Diversion Program to divert eligible persons away from the criminal legal system and into appropriate mental health services with professional case management. The veto recommended “modest revisions” to make ineligible all Megan’s Law triggering crimes, not just first-degree crimes, categorically ineligible for inclusion into the program. The NJSBA testified strongly in support of the program as a necessary step to put defendants on a path back to society.
As currently written, the bill excludes only first-degree crimes, making second-degree and violent crimes, including Megan’s Law triggering offenses presumptively ineligible, subject to prosecutor review. The governor’s recommendations come on the heels of testimony and criticism by Republicans that the bill was “soft on crime” and could put child sex predators accused of Megan’s Law offenses on the streets claiming they suffer from mental illness.
“I agree with the sponsors and the intent of this bill that mental health issues should not be unnecessarily criminalized, and that efforts should be made to increase opportunities for appropriate treatment while ensuring public safety,” said the governor in his statement on the bill.
Just before the summer break, the sponsors introduced S4069 (Ruiz)/A5737 (Quijano), which amends the criteria for eligibility for the Mental Health Diversion Program. It removes these Megan’s Law triggering offenses. The NJSBA is monitoring this legislation as well as the conditional veto with an expectation that it will be considered before the legislative session concludes in January.
Supreme Court Approves Updates on Model Civil Jury Charges
The Supreme Court Committee on Model Civil Jury Charges has approved updated model civil jury charges. The updates involve charges in the Motor Vehicle Lemon Law, Assumption of Risk, Failure to Warn/Instruct, Proximate Cause, Violations of Nursing Home Statutes or Regulations, Proximate Cause Where Concurrent Causes of Harm Were Present, Comparative Negligence/Fault, Damages Charges for Loss of Profits, and Tort Claims Act Threshold for Recovery of Damages for Pain and Suffering.
To access the updated model civil jury charges, go to Model Civil Jury Charges System on njcourts.gov.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.