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How Drug Diversion Programs Work in New Jersey
How Drug Diversion Programs Work in New Jersey
Drug diversion programs provide an alternative to traditional criminal prosecution for those facing minor, non-violent drug charges in New Jersey. These programs aim to address root causes of addiction and provide treatment, rather than imposing harsh punishments that may do more harm than good. But how exactly do these programs work? And who is eligible to participate?
What is a Drug Diversion Program?
A drug diversion program essentially “diverts” eligible defendants away from the normal criminal justice process and into rehabilitative programs instead. Successful completion of such a program can lead to charges being reduced or even dismissed completely. Common components of New Jersey drug diversion programs include:
- Substance abuse education and treatment
- Random drug testing
- Community service
- Probation-like supervision
The goal is to give nonviolent offenders an opportunity to get help and avoid the damaging consequences of a criminal record.
What Types of Charges Make You Eligible?
In New Jersey, first-time offenders facing minor drug possession charges may qualify for diversion. This often includes possession of:
- Marijuana
- Prescription drugs
- Small amounts of substances like cocaine or heroin
Charges like unlawful possession of prescription sedatives, possession of methamphetamines for personal use, being under the influence of a controlled substance, possession of an open container of marijuana in a motor vehicle, possession of toxic substances for “huffing,” lewd conduct related to being under the influence of a controlled substance, and solicitation of someone to commit a criminal offense in order to facilitate your personal use of narcotics may qualify someone for diversion.
The charges must be low-level and nonviolent in nature. Those facing drug distribution charges, for example, are unlikely to be eligible.
What’s the Process for Enrolling in Diversion?
The process for enrolling in a New Jersey drug diversion program typically involves:
- An assessment by program staff to determine eligibility and treatment needs
- Signing a diversion agreement and waiving certain rights
- Developing a treatment plan (which may include counseling, support groups, outpatient or inpatient treatment etc.)
- Random drug testing throughout the program
- Avoiding further arrests to remain in good standing
- Possible community service or other requirements
- Successful completion leading to dismissal of charges
The length of most drug diversion programs ranges from 6 months to 2 years depending on the charges and the participant’s progress.
What are the Benefits of Completing Diversion?
Successfully finishing a diversion program comes with several major benefits, such as:
- Avoiding a criminal conviction – Charges are often dismissed upon completion, meaning you keep a clean record.
- Privacy – Diversion programs are confidential in nature compared to open criminal proceedings.
- Lower costs – You avoid steep fines, fees and incarceration costs associated with a drug conviction.
- Self-improvement – You get addiction support and the tools to build healthy habits.
Given the lifelong barriers that come with drug convictions, diversion presents a major opportunity for personal growth without permanent stigma.
Does Participation Guarantee Charges Will Be Dropped?
While diversion programs aim to dismiss charges for graduates, enrollment alone does not guarantee a dismissal. Participants must actively engage in their treatment, comply with all requirements, and avoid further legal issues for the duration of the program. Sometimes participants are terminated from the program and prosecuted normally if they commit violations or fail to progress.
It’s important to take diversion agreements seriously and view the programs as a profound second chance rather than a get out of jail free card. Graduation rates for diversion programs average around 60-75% nationally, highlighting the commitment required.
How Do These Programs Help the Community?
Beyond benefiting individual participants, New Jersey’s drug diversion programs also serve the wider community in meaningful ways, including:
- Reducing Recidivism – Diversion programs have better outcomes for reducing reoffending compared to incarceration. This promotes public safety.
- Saving Taxpayer Dollars – It costs approx. $60K per year to incarcerate someone in NJ. Diversion is a cheaper alternative that reduces burdens on prisons and courts.
- Addressing Addiction – Proven treatment methods can break the cycle of addiction that often perpetuates drug activity. This has positive ripple effects across communities.
- Lowering Overdose Deaths – The opioid crisis continues to claim lives in NJ. Getting people help through diversion saves lives and prevents more trauma.
By focusing on rehabilitation over punishment for minor drug offenses, diversion programs strengthen families, neighborhoods, and the state as a whole.
Conclusion
New Jersey’s drug diversion programs offer critical opportunities for first-time, low-level offenders to transform their lives for the better. These programs provide education, treatment and a path to avoid the harsh consequences of a drug conviction. While participation requires an earnest commitment to reform, graduates can walk away with dismissed charges, improved health and a bright future ahead. With strong success rates and immense community benefits, diversion continues to offer hope and promise for all involved.