ASSEMBLY, No. 420

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblywomen McKnight and Murphy

 

 

 

 

SYNOPSIS

     Establishes “Gambling Treatment Diversion Court Pilot Program” to be administered by AOC.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Tourism, Gaming and the Arts Committee with technical review.

  


An Act establishing a gambling treatment diversion court pilot program and supplementing chapter 37 of Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  There is hereby established a “Gambling Treatment Diversion Court Pilot Program” which shall have as a purpose the treatment of persons determined to be affected by an addictive disorder related to gambling and who committed a crime for which they have been convicted in furtherance or as a result of the gambling.  The gambling court shall be administered by the Administrative Office of the Courts and shall be established, as it so determines, in one northern, one central, and one southern vicinage of this State.

     b.    At a minimum, the program shall:

     (1)   (a) include the terms and conditions for successful completion of the program;

     (b)  require that the person assigned to the program agree to pay restitution as a condition upon the election of treatment; and

     (c)  provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.

     (2)  be administered by a qualified mental health professional and shall include, without limitation:

     (a)  information and encouragement for the participant to cease problem gambling through educational, counseling and support sessions;

     (b)  the opportunity for the participant to understand the medical, psychological, social and financial implications of problem gambling; and

     (c)  appropriate referral to community, health, substance abuse, religious and social service agencies for additional resources and related services, as needed.

     (3)  Before the court assigns a person to a program for the treatment of problem gambling, the person must agree to pay the cost of the program to which he or she is assigned, to the extent of the financial resources of the person.  If the person does not have the financial resources to pay all the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

     c.     A problem gambler who has been convicted of a crime and who committed the crime in furtherance or as a result of problem gambling is eligible to be assigned by the court to a program for the treatment of problem gambling before he or she is sentenced unless:

     (1)  The crime is:

     (a)  A crime against the person as set forth in chapters 11 through 18 in Title 2C of the New Jersey Statutes;

     (b)  A crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4;

     (c)  An act which constitutes domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);

     (2)   The problem gambler has a record of two or more convictions of a crime described in subparagraph (1) of this subsection or a similar crime in violation of the laws of another state;

     (3)  Other criminal proceedings alleging commission of a violent offense are pending against the problem gambler;

     (4)  The person is on probation or parole, except that the person is eligible if the appropriate probation or parole authority consents or the court finds that the person is eligible after considering any objections made by the appropriate probation or parole authority; or

     (5)  The person has previously been assigned by a court to a program for the treatment of problem gambling.

     d.  (1)  If the court has reason to believe that:

     (a)  the person who has been convicted of a crime is a problem gambler; and

     (b)  the person committed the crime in furtherance or as a result of problem gambling; the court shall hold a hearing before it sentences the person to determine whether or not the person committed the crime in furtherance or as a result of problem gambling and whether or not the person should receive treatment under the supervision of a qualified mental health professional.  The prosecutor may present the court with any evidence concerning whether the person committed the crime in furtherance or as a result of problem gambling and the advisability of permitting the person to enter the program.

     (2)   At the hearing, the court shall advise the person that sentencing will be postponed if the person submits to treatment and is accepted into a program for the treatment of problem gambling.  The court shall advise the person that:

     (a) The court may impose any conditions upon the treatment that could be imposed as conditions of probation;

     (b) If the person is accepted, the person may be placed under the supervision of the qualified mental health professional for a period of not less than one year or until the court, upon recommendation of the treatment provider, determines that the person has successfully completed the treatment program, whichever is later, except that no person shall remain under supervision pursuant to this section for a period in excess of three years.

     (c) If the person satisfactorily completes treatment, as determined by the court, the conviction will be set aside.  If the person does not satisfactorily complete treatment and satisfy the conditions, the court shall impose an sentence that might have been imposed, or that would have been required to be imposed, originally for the offense for which the person was convicted or adjudicated delinquent; and

     (d) If the person’s conviction is set aside they may, at any time after the conviction is set aside, file a petition for the expungement of all records relating to the setting aside of the conviction.

     e.     (1)  If the court, after a hearing, determines that a person is eligible to accept the problem gambler treatment offered, the court shall order a qualified mental health professional to conduct an examination of the person to determine whether the person is a problem gambler, whether the person committed the crime in furtherance or as a result of problem gambling and whether the person is likely to be rehabilitated through treatment.  The qualified mental health professional shall report to the court the results of the examination and recommend whether the person should be placed under supervision for treatment.

     (2)  If the court, acting on the report of the qualified mental health examiner or other relevant information determines that the person is not a problem gambler, did not commit the crime in furtherance or as a result of problem gambling, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, the person may be sentenced.

     (3)  If the court determines that the person is a problem gambler, committed the crime in furtherance or as a result of problem gambling, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

     (a)  Impose any conditions that may be imposed as conditions of probation;

     (b)  Defer sentencing until such time, if any, as sentencing is authorized; and

     (c)  Place the person under the supervision of a qualified mental health professional for not less than one year and not more than three years.  The court may require such progress reports on the treatment of the person as it deems necessary.  The probation department or other appropriate agency designated by the court to monitor or supervise the person shall report periodically to the court as to the person's progress in treatment and compliance with court-imposed terms and conditions.  The treatment provider shall promptly report to the probation department or other appropriate agency all significant failures by the person to comply with any court imposed term or condition.

     f.  A person who is placed under the supervision of a qualified mental health professional shall pay the cost of the program of treatment to which the person is assigned and the cost of any additional supervision that may be required, to the extent of the financial resources of the person.  The judgment constitutes a lien in like manner as a judgment for money rendered in a civil action.

     g.    If the person who is placed under the supervision of a qualified mental health professional does not have the financial resources to pay all of the related costs:

     (1)  The court shall, to the extent practicable, arrange for the person to be assigned to a program that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

     (2)  The court may order the person to perform supervised community service in lieu of paying the remainder of the costs relating to the person’s treatment and supervision.

     h.    Whenever a person is placed under the supervision of a qualified mental health professional, the person’s sentencing must be deferred and the person’s conviction must be set aside if the qualified mental health professional certifies to the court that the person has satisfactorily completed the program of treatment and the court approves the certification and determines that the conditions imposed for  treatment have been satisfied.

     i.     If, upon the expiration of the treatment period, the qualified mental health professional has not certified that the person has completed the program of treatment, the court shall sentence the person.  If the person has satisfied the conditions imposed for treatment and the court believes that the person will complete the treatment voluntarily, the court may set the conviction aside. 

     j.     If, before the treatment period expires, the qualified mental health professional determinates that the person is not likely to benefit from further treatment, the qualified mental health professional shall so advise the court.  The court shall either:

     (1)  Arrange for the transfer to a more suitable program; or

     (2)  Terminate the supervision and conduct a hearing to determine whether the person should be sentenced. 

     k.    As used in this act, “qualified mental health professional” means any of the following persons:

     (1)  A person who is certified as a problem gambling counselor.

     (2)  A person who is certified as a problem gambling counselor intern.

     (3)  A licensed physician.

     (4)  A nurse who is licensed and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.

     (5)  A licensed psychologist.

     (6)  A licensed clinical professional counselor.

     (7)  A marriage and family therapist authorized to engage in the practice of counseling problem gamblers.

     (8)  A person who is licensed as a clinical social worker and is authorized by the State Board of Social Work Examiners to engage in the practice of counseling problem gamblers.

 

     2.    The Supreme Court of New Jersey may adopt court rules appropriate or necessary to effectuate the purposes of this act.

     3.    This act shall take effect on the first day of the third month after enactment and shall expire three years after the effective date.