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New Jersey legal term

Eligible person in New Jersey Criminal Law

Current through 2026 New Jersey legislative session

In New Jersey criminal law, “Eligible person” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the New Jersey criminal code.

What does “Eligible person” mean in New Jersey criminal law?

"Eligible person" means a person who: (1) is mentally competent as that term is defined in N.J.S.2C:4-4; (2) allegedly committed an eligible offense, or allegedly committed a presumptively ineligible offense but is approved for participation by the prosecutor, and is not otherwise disqualified by the provisions of this act; and (3) has been diagnosed with a mental disorder, either previously or through a mental health evaluation conducted through the program, and there is a nexus between the person's mental disorder and the commission of the alleged crime as determined by a licensed mental hea (N.J.S.A. 2C:43-33)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.