NJ A138

Establishes a behavioral health court pilot program in at least two counties and five municipalities to divert eligible offenders with behavioral health issues from prison into treatment programs

Allows courts to sentence eligible defendants to behavioral health special probation lasting 1-3 years instead of incarceration, provided they undergo diagnostic assessment, need behavioral health services, and pose no community danger

Excludes individuals convicted of first-degree crimes, serious violent offenses (murder, kidnapping, aggravated sexual assault), those who possessed firearms during offenses, or those with two or more prior first or second-degree convictions

Permits courts to revoke behavioral health special probation for violations, with mandatory revocation on second violation unless the court finds substantial likelihood of successful treatment completion

Allows expungement of all arrest and conviction records for individuals who successfully complete behavioral health special probation, and requires the program to expire three years after enactment with legislative reporting at 12 months and within six months of expiration