Who Qualifies for NJ Veterans Criminal Diversion

NJ Disapproved Treatment Courts 

Whether they are called Treatment Court or Diversion, it doesn’t much matter.  The point is that most Veterans benefit from military service but some may face unique challenges after their service, including mental health issues and substance abuse. When such issues contribute to criminal behavior, veterans may be eligible for NJ’s diversion program. Most States across the country call these Veterans Treatment Courts (VTCs). So let’s use that vernacular. These courts offer an alternative to traditional prosecution and incarceration. They are meant to provide treatment services and address the root cause of a veteran’s involvement in crime. But who exactly qualifies for a Veterans Treatment Program? What criteria must be met?  This article discusses the key eligibility criteria for a Veterans Treatment Court program. 

What Is a Veterans Treatment Court? 

A Veterans Treatment Court is a special court system for handling criminal cases involving veterans with substance abuse and/or mental health issues. VTCs combine rigorous treatment and personal accountability, with the aim of breaking the cycle of drug use and criminal behavior. They provide a structured rehabilitation program instead of imprisonment for veterans whose service-connected conditions have contributed to their involvement in crime. 

Compared to civilians, veterans are at a greater risk of experiencing challenges such as PTSD, depression, anxiety, and substance use disorder (SUD), all of which can contribute to criminal behavior. Combat exposure, repeated deployments, and the demands that come with serving in the military can result in invisible wounds that go untreated. When these service-related conditions result in a veteran entering the criminal justice pipeline, traditional prosecution may not address the root cause. Instead of focusing solely on punishment, VTCs concentrate on rehabilitation, accountability, and long-term recovery. VTCs are modeled after drug and mental health courts but are tailored to the specific needs of veterans. NJ has recovery court but Veteran Diversion is better and different. 

How Do VTCs Work? 

Veteran Treatment Courts operate with a dedicated veterans-only docket, which is vital to the program’s success. The program places veterans in a structured environment among peers, reinforcing accountability and support. Participants attend regular treatment sessions, undergo random drug testing, and appear in court for progress reviews. 

Most VTCs address crimes that don’t involve a violent or sexual component. If a participant does not comply with an aspect of the treatment regimen or fails a drug test, the court may impose sanctions like jail time or fines. 

Eligibility Requirements 

The eligibility criteria for a VTC may differ from state to state and from county to county.  Chris Kuberiet in Middlesex County is a great leader, Atlantic County has John Flammer and Judge Bernard DeLury while Ocean County’s program began with Prosecutor Joe Coronato and AP Renee White.  Cape May benefits from Atlantic’s program.  Gloucester started years ago under the leadership of Prosecutor Sean Dalton.  Sussex County was great but not sure these days but the larger counties, such as Union, Essex, Mercer and Bergen seem to need work. Usually, the Veteran Treatment Court team has great leverage to facilitate admission to the program but the Prosecutor has the final say on whether or not a veteran qualifies.  

Most courts follow a similar set of eligibility criteria that generally include the following; 

• The individual must have served or is currently serving in a branch of the US Armed Forces 

• The charges must be non-violent 

• The veteran must have been diagnosed with substance abuse or mental health problems, such as PTSD 

• The condition is a result of the veteran’s time in the military 

• The veteran must be willing to actively participate in the program and follow the set rules and recommendations 

Usually combat and deployment are immaterial and all that was needed was to wear the uniform. If characterization of discharge was not honorable, apply anyway.  Explain what happened.  Not in NJ but some jurisdictions require veterans to plead guilty before entering the program but only enter the conviction for failing the program. 

Diversion and Veterans Treatment Court programs offer a crucial opportunity for veterans who meet the criteria. For veterans or their families, consulting an attorney who is well-versed in military service and the criminal justice system is vital. 

Need Help? Contact Our Firm 

At Citizen Soldier Law, we understand military culture and the criminal justice system. We can help you access your eligibility for the Veterans Treatment Court and ensure your second, third, or whatever, chance. Veteran Diversion in NJ affords as many chances that you need if approved. Contact us today to discuss your case and explore your legal options.