Skip to main content
US Criminal Defense.org
Menu

New Jersey statute

N.J.S.A. 2C:43-38 — Authority, discretion, prosecutor, Mental Health Diversion Program

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 43, New Jersey Statutes.

Full text of N.J.S.A. 2C:43-38

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:43-38Primary source, current through the P.L.2025, c.346, and J.R.22
7. Nothing in P.L.2023 c.188 (C.2C:43-32 et al.) shall be construed to limit or constrain in any way the authority or discretion of a prosecutor to divert, prosecute, or pursue any other disposition of a criminal matter involving a defendant who is an eligible person. When considering the diversion of an eligible person from the criminal justice system, a prosecutor may use the Mental Health Diversion Program established pursuant to P.L.2023 c.188 (C.2C:43-32 et al.), any other diversion mechanism authorized by law, or a county-based law enforcement diversion program after considering each program's restrictions, the relief available to the person, and the safety of any victim and the public. L.2023, c.188, s.7.

Official sources

Legal terms used in this section

This reference is informational and is not legal advice.