To be eligible for admission to the Veterans Diversion Program, a participant must be an Eligible Servicemember.
An eligible servicemember is defined as:
1) is a servicemember (veteran or currently serving in the U.S. Armed Forces, or a reserve component thereof, or the organized militia of the State of New Jersey pursuant to N.JS.A. 38A:1-3.)
2) has an eligible offense (Non-violent petty disorderly offenses, disorderly offenses, 3rd or 4th degree offenses), and
3) has a mental illness.
All three components must be present. The prosecutor has the sole discretion to determine if a person is qualified and admitted to the Veterans Diversion Program. N.J.S.A. 2C:43-26b. Notwithstanding that discretion, a participant cannot have any statutory disqualifiers. N.J.S.A. 2C:43-26.