The Veterans Diversion Program Offers a Unique Option for Veterans Who Have Committed Specific Offenses, Particularly Those Related to Mental Health and Substance Abuse
The state of New Jersey has implemented diversionary programs for low-grade offenses and eligible participants of various kinds. A diversion program provides resources, counseling, probation, classes, and educational opportunities to petty disorderly persons and disorderly persons offenders, and those accused of a third and fourth degree offenses, even second degree offenses in some special cases. The idea is to prevent first-time offenders from becoming repeat offenders by going through a revolving jail door. The offender is required to complete a number of programs and conditions, provide community service, and receive counseling, among others.
As many minor offenses are drug-related, sending drug abusers to treatment programs rather than jail can make communities safer and save the public justice system billions. The savings are derived from the reduced crime rates, costs of incarceration, and lower recidivism rates. In a study completed by RTI International and Temple University researchers, 50% of state prisoners depend on drugs, but only 10% obtain medical treatment while in jail. Drug abusers who are left untreated are twice as likely to pick up again after their release from prison, committing more crimes than non-abusers. So by receiving drug treatment counseling through a diversionary program, the possibility of staying clean and free of arrests is augmented substantially. A similar concept led to the formation of a new program uniquely customized to veterans in New Jersey, particularly those with substance use and mental health-related challenges.
Second Chances Provided by the Veterans Diversion Program in NJ
The Veterans Diversion Program, also known as VDP, offers veterans (other than those dishonorably discharged) the opportunity to avoid going to prison and a criminal record of conviction for their petty disorderly persons or disorderly persons offenses or third or fourth degree crimes. The program is composed of a combination of substance abuse classes, mental health treatment, interaction with a mentor, and additional counseling if needed.
A Diversion Program Tailored to Veterans
This is the only program that is veteran specific. It focuses on the mental health and well-being of veterans who may be suffering from a plethora of mental illnesses such as PTSD, anxiety disorders, combat-related trauma, depression, uncontrollable anger, and substance abuse. This program is the only one that works with the VA (Department of Veterans Affairs), which gives veterans access to many other programs they perhaps would not be able to access or be made aware of, such as housing assistance or vocational training. Mentors provide guidance, information, and support for participants. These guides are veterans themselves and can better understand the unique challenges veterans may have. This diversion program is the only one that accepts applicants who have previously participated in the VDP. Also, if your program is scheduled for one or two years, you can request a review hearing at six months for an early release from the program based on your progress.
Requirements for Eligibility in the Veterans Diversion Program
To enroll in the program, you must be a veteran or an active-duty service member, have an eligible offense, and have been diagnosed with a mental illness that could contribute to the motivation for the crime. Your offenses must be non-violent and fall into the categories of petty disorderly persons, disorderly persons, and third-degree or fourth-degree crimes. Also, any weapons arrests or domestic violence charges will not allow a candidate to enter the program. A restraining or protective order violation or a crime where the victim objects to a diversionary program admission will also exclude you. You and your attorney will complete the application and medical release forms and gather all other required documents. This packet will be sent to the prosecutor for approval.
Veterans Diversion Program: Regaining Control of Your Life
The most important benefit is connecting veterans with the services they need to improve their quality of life and mental health by keeping them out of jail and steering them toward the rehabilitative services they need. By avoiding a jail sentence, veterans in the program are provided with resources that can help them integrate into civilian life and receive counseling that could identify the underlying causes of their criminal behavior. Each participant is provided a mentor who has served in the armed forces and can provide guidance and advice. Their mentor can assist them in applying for resources such as affordable housing, employment, education, substance abuse, mental health treatment, and other services that can provide them with a new start. Upon completion of the program, your charges will be dismissed.
Court Considerations To Grant Participation in the Program
The prosecutor will consider the nature of the offense and its relationship with the diagnosed mental illness. The willingness and interest of the participant are also evaluated. It is important that the program will lead to the veteran’s recovery and prevent future unlawful behavior. The accused’s criminal record can influence the prosecutor’s decision. If the victim is against the possibility of diversion, that can also stop the process.
To-Do List to Successfully Complete The Veterans Diversion Program
The participant must comply with any medical or mental health courses of treatment. They must work with case management to apply for housing, education, and employment opportunities where applicable. If restitution has been assigned, it must be paid within two years. Random drug or alcohol testing requires clean tests or the risk of leaving the program. You cannot get arrested while in the program and must avoid all contact with the victim. Cooperation with the mentor is a must, as is supplying the prosecutor with any changes in address. If the prosecutor adds any conditions, you must also abide by them.
Contact our Criminal Defense Attorneys to Assist with the Veterans Diversion Program in Monmouth County NJ
Being arrested is scary, even more so when the crime you committed was while you were not yourself, out of control. You deserve the opportunity for a clean slate. Perhaps you are a veteran or military member who may benefit from enrollment in the Veterans Diversion Program that can help you recover mentally and include resources and counseling to help get you back on your feet. Our criminal defense lawyers at Chamlin, Uliano & Walsh serve veterans and active duty army, navy, marines, and other military servants in Freehold, Belmar, Manasquan, Wall, Little Silver, Middletown, Red Bank, Howell, Colts Neck, Hazlet, Asbury Park, Lavallette, and other Monmouth County and Southern New Jersey towns.
If you are an active member of the military or a veteran, you should consider meeting with us to discuss your potential participation in the VDP. It is not something you would want to apply for on your own. We know exactly what the prosecutor is looking for and can ensure your greatest success for enrollment in the program by meticulously preparing and completing your application.
Call us today at 732-440-3950 or contact us through our online contact form. We are the law firm you can trust.