NJ A2858

Expands eligibility for drug court special probation by removing the cap on prior convictions and eliminating aggravated assault as a disqualifying offense, while maintaining bars for murder, manslaughter, kidnapping, and sexual assault

Reduces the mandatory five-year special probation term to "up to" five years and gives courts more flexibility to determine residential versus nonresidential treatment based on clinical assessments rather than statutory requirements

Eliminates automatic and presumptive revocation of special probation for violations, instead giving courts full discretion on any violation; also allows credit for time served at halfway houses if special probation is revoked

Permits courts to waive or reduce the Drug Enforcement and Demand Reduction penalty ($500-$3,000) upon successful discharge from probation with substance use treatment

Expands post-program relief by allowing courts to expunge all criminal records and municipal ordinance violations upon successful discharge, vacate unpaid fines and fees (except victim restitution), and simplifies the expungement application process