Veterans may qualify for diversion from prosecution

The Monmouth County Prosecutor’s Office is teaming up with the U.S. Department of Veterans Affairs (VA) and mental health and rehabilitation providers to launch a Veterans Diversion Program (VDP) in Monmouth County, Prosecutor Christopher J. Gramiccioni announced.

Under the new VDP, active and former service members who are charged with certain offenses and are suffering from a mental condition related to their military service may be eligible for diversion to mental health and rehabilitative treatment rather than face traditional criminal prosecution, according to a press release.

The program, which will be administered by the prosecutor’s office, involves intensive supervision and monitoring of a veteran’s treatment by an applicable treatment provider, the VA, the prosecutor’s office and a volunteer mentor assigned to support the veteran, according to the press release.

Veterans approved by the prosecutor for admission into the program are expected to regularly attend counseling and, where applicable, receive mental health or substance abuse treatment in accordance with VDP conditions.

A veteran who successfully completes the terms and conditions of this program to the satisfaction of the prosecutor, has not been the subject of any subsequent criminal charges and continues to make progress with mental health and/or substance abuse treatment, will have his or her charges dismissed and the underlying charge expunged, according to the press release.

“We have a moral obligation to our veterans and service members. They return home after long tours of duty in war zones with unseen wounds and issues related to their combat experiences. They can turn to drugs and crime in their efforts to cope. They need our compassion – something they have surely earned – to make a difference in their lives instead of convictions and jail sentences,” Gramiccioni said.

The prosecutor’s office will retain sole discretion over who is admitted into the VDP. Ordinarily, only veterans charged with non-violent third or fourth degree crimes will be eligible for participation in this program, according to the press release.

However, service members charged with other offenses may also be approved for admission into the program if the prosecutor determines there are sufficient compelling circumstances surrounding the criminal incident to warrant diversion.

In order to ensure all potentially eligible veterans are being considered for this program, Gramiccioni has instructed all Monmouth County law enforcement officers to question all arrestees as to their current or former service member status, and to make an appropriate notation on the criminal complaint, according to the press release.

Attorneys who believe a client may be appropriate for this diversion program should contact Deputy First Assistant Prosecutor Michael J. Wojciechowski at 732-431-7160 ext. 7184.