May Is Mental Health Awareness Month: What NJ Courts Are Doing for Defendants with Mental Illness
May is Mental Health Awareness Month, which raises awareness of the challenges faced by those living with mental illness. In the criminal justice system, these challenges are especially acute. Fortunately, New Jersey is taking steps to better address mental health in criminal courtrooms.
Defendants with serious mental illness often end up in jail due to behaviors linked to untreated conditions. Recognizing this, New Jersey courts have implemented programs aimed at diversion, treatment, and rehabilitation over incarceration when appropriate.
One such initiative is the Mental Health Diversion Program, available in several counties. This program allows individuals charged with non-violent crimes to receive treatment and support services instead of facing prosecution. Participants must agree to regular check-ins and treatment compliance, but successful completion may result in the dismissal of charges.
Municipal and superior courts are also increasingly open to Mental Health Evaluations, which can be used to argue for reduced sentencing or as part of a defense strategy. For example, someone charged with harassment or disorderly conduct due to a manic episode may be referred for evaluation, and in some cases, avoid jail time entirely.
However, navigating these programs requires careful legal strategy. Mental health should never be used to excuse criminal behavior, but it can provide critical context. With proper legal representation, individuals with mental illness can advocate for fair treatment that balances accountability with compassion.
If you or a loved one is facing criminal charges and mental health is a factor, don’t face the system alone. Our office works with forensic experts and social workers to ensure that mental health is appropriately factored into your defense.