Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Under New Jersey Criminal Statute and Court Rules, someone charged with an indictable criminal offense who has no prior indictable offenses can apply for Pre-Trial Intervention (PTI). This Statute permits someone under limited instances to have the prosecution stopped and enter into a probation type program. If someone successfully completes PTI, the indictable criminal charge is dismissed.
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1/1/11 8:34 PM Pre-trial Intervention N.J.S.A. 2C:43-12, 2C:43-13, 2C:43-14, 2C:43-16, 2C:43-17, 2C:43-18, 2C:43-20, 2C:43-22, Rule 3:28 Page 1 of 25 http://www.njlaws.com/pre-trial_intervention.htm Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your New Jersey Legal Needs 2053 Woodbridge Ave. Edison NJ 08817 732-572-0500 1-800-655-2977 Personal Injury and Criminal on Weekends 732-261-4005 Princeton Area 68 South Main St. Cranbury, NJ 08512 By Appointment Only Toll Free 800-655-2977 Pre-trial Intervention N.J.S.A. 2C:43-12, 2C:43- 13, 2C:43-14, 2C:43-16, 2C:43-17, 2C:43-18, 2C:43-20, 2C:43-22, Rule 3:28 Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Under New Jersey Criminal Statute and Court Rules, someone charged with an indictable criminal offense who has no prior indictable offenses can apply for Pre-Trial Intervention (PTI). This Statute permits someone under limited instances to have the prosecution stopped and enter into a probation type program. If someone successfully completes PTI, the indictable criminal charge is dismissed. PTI is not available if the criminal offense is a disorderly person offense, such as simple assault, harassment or shoplifting. For persons facing a first offense possession of marijuana charge, they can apply for a Conditional Discharge. NJSA 2C: 36-1. As a practical matter, in Municipal Courts, the defense attorneys sometimes can work out an agreement with the complainant in a FOR POTENTIAL CLIENTS TO CONTACT US DURING NON- BUSINESS HOURS, PLEASE FILL OUT THE FORM. Name: Cell Phone: (000)000-0000 E-Mail Address If You Do Not Include a Complete E-Mail Address, Verizon will not Forward Your Contact Form to the Law Office. Details of the Case Agree By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen Submit Clear Kenneth Vercammen was the
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Kenneth Vercammen & AssociatesA Law Office with Experienced Attorneys for Your New Jersey Legal Needs
2053 Woodbridge Ave.
Edison NJ 08817732-572-0500
1-800-655-2977Personal Injury and Criminalon Weekends 732-261-4005
Princeton Area68 South Main St.
Cranbury, NJ 08512By Appointment Only
Toll Free 800-655-2977
Pre-trial InterventionN.J.S.A. 2C:43-12, 2C:43-
13, 2C:43-14, 2C:43-16,2C:43-17, 2C:43-18,
2C:43-20, 2C:43-22, Rule3:28
Kenneth Vercammen's Law office represents individuals chargedwith criminal and serious traffic violations throughout NewJersey.
Under New Jersey Criminal Statute and Court Rules, someonecharged with an indictable criminal offense who has no priorindictable offenses can apply for Pre-Trial Intervention (PTI).
This Statute permits someone under limited instances to have theprosecution stopped and enter into a probation type program. Ifsomeone successfully completes PTI, the indictable criminalcharge is dismissed.
PTI is not available if the criminal offense is a disorderly personoffense, such as simple assault, harassment or shoplifting. Forpersons facing a first offense possession of marijuana charge,they can apply for a Conditional Discharge. NJSA 2C: 36-1. Asa practical matter, in Municipal Courts, the defense attorneyssometimes can work out an agreement with the complainant in a
FOR POTENTIAL CLIENTS TOCONTACT US DURING NON-BUSINESS HOURS, PLEASE FILLOUT THE FORM.
Name:
Cell Phone:
(000)000-0000
E-Mail Address
If You Do Not Include aComplete E-Mail Address,Verizon will not ForwardYour Contact Form to theLaw Office.Details of the Case
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By typing " agree" into the box you areconfirming that you wish to send yourinformation to the Law Office ofKenneth Vercammen
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municipal court criminal ticket to have the prosecution put onhold for six months. If the defendant complies with a stipulatedagreement, such as staying away from the complainant, after 6months the criminal charges are dismissed.
It is imperative for someone facing criminal charges, whetherindictable or not, to immediately hire an experienced criminalattorney.
Do not rely on a real estate attorney to be familiar with recentcases affecting PTI and criminal law.
PTI should be applied for immediately with Criminal CaseManagement. The Court Rules have time limits for PTIapplication and appeals from denial of PTI. Procedurally, oncethe accused applies for PTI, a decision to accept or reject ismade by the Criminal Case Manager.
If approved, then the County Prosecutor's office must approve.Thereafter, the Superior Court Judge assigned to the case mustapprove the defendant.
If the defendant is rejected by either the Criminal Case Manageror the Prosecutor, a timely appeal must be filed with theSuperior Court Judge.
In Practice, my law office has submitted letters of reference,proof of employment, a resume and other supporting documentsto the Criminal Case Manager. Similar to sentencing, you wantto provide any beneficial facts and papers to demonstrate thedefendant is a first time offender who is unlikely to again beinvolved in a criminal case.
Similar to Probation following a guilty plea or conviction, theCourt can require the defendant to perform certain acts. Typicalre-trial orders direct the defendant to not get arrested, undergodrug and alcohol testing and counseling, pay restitution orperform other acts.
Non-compliance will result in dismissal from PTI. Thereafter,the defendant must face trial on all indictable charges.
CONDITIONAL DISCHARGE OF DRUG CHARGES INMUNICIPAL COURT
The defense of a person charged with possession of drugs ordrug paraphernalia is a difficult but not impossible task for adefense. There are a number of viable defenses, arguments andalternatives which can be pursued to achieve a successful result.Advocacy, commitment, and persistence are essential to anattorney defending a client accused of involvement withcontrolled dangerous substances (CDS).
If the Suppression Motion is unsuccessful or not a viableoption, counsel should discuss the possibility of obtaining a
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Conditional Discharge.
Some people are charged with possession of small amounts ofmarijuana. N.J.S.A. 2C:36A-1 provides that a person notpreviously convicted of a drug offense either under Title 2C orTitle 24 and who has not previously been granted "supervisorytreatment" under N.J.S.A. 24:21-27, 2C:43-12 or 2C:36A-1 mayapply for a conditional discharge.
The court upon notice to the prosecutor and subject to 2C:36A-1(c) may, on the motion of the defendant or the court, suspendfurther proceedings and place the defendant on supervisorytreatment (i.e., probation,, supervised or unsupervised attendanceat Narcotics Anonymous, etc.). Since the granting of aconditional discharge is optional with the court, defense counselshould be prepared to prove, through letters, documents, or evenwitnesses, that the defendant's continued presence in thecommunity or in a civil treatment program, will not pose adanger to the community.
Defense counsel should be prepared to convince the court thatthe terms and conditions of supervisory treatment will beadequate to protect the public and will benefit the defendant byserving to correct any dependence on or use of controlledsubstances. For applicable caselaw on conditional discharges,see State v. Sanders, N.J. Super. 515 (App. Div. 1979), State v.Banks, 157 N.J. Super. 442 (Law Div. 1978), State v.Grochulski, 133 N.J. Super. 586 (Law Div. 1975), State v.Teitelbaum, 160 N.J. Super. 450 (Law Div. 1978), State v.DiLuzio, 130 N.J. Super. 220 (Law Div. 1974). The defendantmust be required to pay a $45.00 application fee, plus themandatory $500.00 DEDR penalty. The court further has theoption to suspend a defendant's driver's license for between sixmonths and two years.
The conditional discharge period is also between six months andtwo years. If the defendant is convicted of a drug offense duringthe CD period or violates the conditions set by the court, theprosecution resumes. The defendant may even apply for aconditional discharge after he/she is found guilty, but beforesentence is imposed. If the CD is granted at this point in theproceeding, the 6 to 24 month license suspension is mandatory.
Drug related offenses carry substantial penalties which willeffect a client for the rest of his life. The space limits of thisarticle do not allow detailed explanation of the extensivecaselaw on controlled dangerous substances. Members of theBar must accept the challenge and apply their legal talents toensure that the rights of their clients are protected.
CONCLUSION
Pre-trial intervention is an excellent opportunity for someone toavoid a trial and conviction. If facing criminal charges, quickly
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sit down with a criminal attorney to protect your rights. Ifaccepted into Pre-Trial Intervention, Motions to SuppressEvidence and other Motions are put on hold.
PTI law:
2C:43-12. Supervisory treatment - pretrial intervention 2C:43-12. Supervisory Treatment--Pretrial Intervention. a. Publicpolicy. The purpose of sections 2C:43-12 through 2C:43-22 ofthis chapter is to effectuate a Statewide program of PretrialIntervention. It is the policy of the State of New Jersey thatsupervisory treatment should ordinarily be limited to personswho have not previously been convicted of any criminal offenseunder the laws of New Jersey, or under any criminal law of theUnited States, or any other state when supervisory treatmentwould:
(1) Provide applicants, on an equal basis, with opportunities toavoid ordinary prosecution by receiving early rehabilitativeservices or supervision, when such services or supervision canreasonably be expected to deter future criminal behavior by anapplicant, and when there is apparent causal connection betweenthe offense charged and the rehabilitative or supervisory need,without which cause both the alleged offense and the need toprosecute might not have occurred; or
(2) Provide an alternative to prosecution for applicants whomight be harmed by the imposition of criminal sanctions aspresently administered, when such an alternative can beexpected to serve as sufficient sanction to deter criminalconduct; or
(3) Provide a mechanism for permitting the least burdensomeform of prosecution possible for defendants charged with"victimless" offenses; or
(4) Provide assistance to criminal calendars in order to focusexpenditure of criminal justice resources on matters involvingserious criminality and severe correctional problems; or
(5) Provide deterrence of future criminal or disorderly behaviorby an applicant in a program of supervisory treatment.
b. Admission of an applicant into a program of supervisorytreatment shall be measured according to the applicant'samenability to correction, responsiveness to rehabilitation andthe nature of the offense.
c. The decision and reasons therefor made by the designatedjudges (or assignment judges), prosecutors and programdirectors in granting or denying applications for supervisorytreatment, in recommending and ordering termination from theprogram or dismissal of charges, in all cases shall be reduced towriting and disclosed to the applicant.
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d. If an applicant desires to challenge the decision of theprosecutor or program director not to recommend enrollment ina program of supervisory treatment the proceedings prescribedunder section 14 shall be followed.
e. Referral. At any time prior to trial but after the filing of acriminal complaint, or the filing of an accusation or the returnof an indictment, with the consent of the prosecutor and uponwritten recommendation of the program director, the assignmentjudge or a judge designated by him may postpone all furtherproceedings against an applicant and refer said applicant to aprogram of supervisory treatment approved by the SupremeCourt. Prosecutors and program directors shall consider informulating their recommendation of an applicant's participationin a supervisory treatment program, among others, the followingcriteria:
(1) The nature of the offense;
(2) The facts of the case;
(3) The motivation and age of the defendant;
(4) The desire of the complainant or victim to foregoprosecution;
(5) The existence of personal problems and character traitswhich may be related to the applicant's crime and for whichservices are unavailable within the criminal justice system, orwhich may be provided more effectively through supervisorytreatment and the probability that the causes of criminalbehavior can be controlled by proper treatment;
(6) The likelihood that the applicant's crime is related to acondition or situation that would be conducive to changethrough his participation in supervisory treatment;
(7) The needs and interests of the victim and society;
(8) The extent to which the applicant's crime constitutes part ofa continuing pattern of anti-social behavior;
(9) The applicant's record of criminal and penal violations andthe extent to which he may present a substantial danger toothers;
(10) Whether or not the crime is of an assaultive or violentnature, whether in the criminal act itself or in the possibleinjurious consequences of such behavior;
(11) Consideration of whether or not prosecution wouldexacerbate the social problem that led to the applicant's criminalact;
(12) The history of the use of physical violence toward others;
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(13) Any involvement of the applicant with organized crime;
(14) Whether or not the crime is of such a nature that the valueof supervisory treatment would be outweighed by the publicneed for prosecution;
(15) Whether or not the applicant's involvement with otherpeople in the crime charged or in other crime is such that theinterest of the State would be best served by processing his casethrough traditional criminal justice system procedures;
(16) Whether or not the applicant's participation in pretrialintervention will adversely affect the prosecution ofcodefendants; and
(17) Whether or not the harm done to society by abandoningcriminal prosecution would outweigh the benefits to societyfrom channeling an offender into a supervisory treatmentprogram.
f. Review of Supervisory Treatment Applications; ProcedureUpon Denial. Each applicant for supervisory treatment shall beentitled to full and fair consideration of his application. If anapplication is denied, the program director or the prosecutorshall precisely state his findings and conclusion which shallinclude the facts upon which the application is based and thereasons offered for the denial. If the applicant desires tochallenge the decision of a program director not to recommend,or of a prosecutor not to consent to, enrollment into asupervisory treatment program, a motion shall be filed beforethe designated judge (or assignment judge) authorized pursuantto the rules of court to enter orders.
g. Limitations. Supervisory treatment may occur only once withrespect to any defendant and any person who has previouslyreceived supervisory treatment under section 27 of P.L.1970,c.226 (C.24:21-27), shall not be eligible for supervisorytreatment under this section. However, supervisory treatment, asprovided herein, shall be available to a defendant irrespective ofwhether the defendant contests his guilt of the charge or chargesagainst him.
h. Termination. Termination of supervisory treatment under thissection shall be immediately reported to the assignment judge ofthe county who shall forward such information to theAdministrative Director of the Courts.
i. Appointment of Program Directors; Authorized Referrals.Programs of supervisory treatment and appointment of theprogram directors require approval by the Supreme Court withthe consent of the assignment judge and prosecutor. Referrals ofparticipants from supervisory treatment programs may be to anypublic or private office or agency, including but not limited to,
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programs within the probation service of the court, offeringcounseling or any other social service likely to aid in therehabilitation of the participant and to deter the commission ofother offenses.
j. Health Care Professional Licensing Board Notification. Theprogram director shall promptly notify the State Board ofMedical Examiners when a State licensed physician or podiatristhas been enrolled in a supervisory treatment program after hehas been charged with an offense involving drugs or alcohol.
2C:43-13. Supervisory treatment procedure 2C:43-13.Supervisory Treatment Procedure a. Agreement. The terms andduration of the supervisory treatment shall be set forth inwriting, signed by the prosecutor and agreed to and signed bythe participant. Payment of the assessment required by section 2of P.L.1979, c.396 (C.2C:43-3.1) shall be included as a term ofthe agreement. If the participant is represented by counsel,defense counsel shall also sign the agreement. Each order ofsupervisory treatment shall be filed with the county clerk.
b. Charges. During a period of supervisory treatment the chargeor charges on which the participant is undergoing supervisorytreatment shall be held in an inactive status pending terminationof the supervisory treatment pursuant to subsection d. or e. ofthis section.
c. Period of treatment. Supervisory treatment may be for suchperiod, as determined by the designated judge or the assignmentjudge, not to exceed three years, provided, however, that theperiod of supervisory treatment may be shortened or terminatedas the program director may determine with the consent of theprosecutor and the approval of the court.
d. Dismissal. Upon completion of supervisory treatment, andwith the consent of the prosecutor, the complaint, indictment oraccusation against the participant may be dismissed withprejudice.
e. Violation of conditions. Upon violation of the conditions ofsupervisory treatment, the court shall determine, after summaryhearing, whether said violation warrants the participant'sdismissal from the supervisory treatment program ormodification of the conditions of continued participation in thator another supervisory treatment program. Upon dismissal of theparticipant from the supervisory treatment program, the chargesagainst the participant may be reactivated and the prosecutormay proceed as though no supervisory treatment had beencommenced.
f. Evidence. No statement or other disclosure by a participantundergoing supervisory treatment made or disclosed to the
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person designated to provide such supervisory treatment shall bedisclosed, at any time, to the prosecutor in connection with thecharge or charges against the participant, nor shall any suchstatement or disclosure be admitted as evidence in any civil orcriminal proceeding against the participant. Nothing providedherein, however, shall prevent the person providing supervisorytreatment from informing the prosecutor, or the court, uponrequest or otherwise as to whether or not the participant issatisfactorily responding to supervisory treatment.
g. Delay. No participant agreeing to undergo supervisorytreatment shall be permitted to complain of a lack of speedytrial for any delay caused by the commencement of supervisorytreatment.
A person applying for admission to a program of supervisorytreatment shall pay to the court a fee of $75.00. The court shallforward all money collected under this subsection to thetreasurer of the county in which the court is located. Thismoney shall be used to defray the cost of juror compensationwithin that county. A person may apply for a waiver of this fee,by reason of poverty, pursuant to the Rules Governing theCourts of the State of New Jersey. Of the moneys collectedunder this subsection, $30.00 of each application fee shall bedeposited in the temporary reserve fund created by section 25 ofP.L.1993, c.275. After December 31, 1994,the $75.00 fee shallbe paid to the court, for use by the State.
2C:43-14. Authority of supreme court The Supreme Court mayadopt rules dealing with Supervisory Treatment in accordancewith procedures herein set forth.
L.1978, c. 95, s. 2C:43-14, eff. Sept. 1, 1979. 2C:43-15.Presentation of proposed rules at judicial conference 2C:43-15.The subject matter and a tentative draft of a rule or rulesproposed to be adopted pursuant to this chapter shall be enteredupon the agenda and discussed at a Judicial Conference whosemembership shall at least include delegates from the SupremeCourt, the Appellate Division of the Superior Court, the judgesof the Superior Court, the judges of the municipal courts, thesurrogates, the State Bar Association, the county barassociations, the Senate and General Assembly, the AttorneyGeneral, the county prosecutors, the law schools of this State,and members of the public.
Amended 1979,c.178,s.90; 1991,c.91,s.145.
2C:43-16. Public announcement of proposed rules; delivery ofcopies The proposed rule or rules shall be publicly announcedby the Supreme Court on September 15 next following suchJudicial Conference (or, if such day be a Saturday, Sunday or
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legal holiday, on the first day thereafter that is not), and thecourt shall, on the same day, cause true copies thereof to bedelivered to the President of the Senate, the Speaker of theGeneral Assembly, and the Governor.
L.1978, c. 95, s. 2C:43-16, eff. Sept. 1, 1979.
2C:43-17. Effective date of rules; rules subject to cancellationby joint resolution The rule or rules so announced and deliveredshall take effect on July 1 next following; provided, however,that all such rules shall remain subject to cancellation at anytime up to such effective date by joint resolution to that effectadopted by the Senate and General Assembly and signed by theGovernor.
L.1978, c. 95, s. 2C:43-17, eff. Sept. 1, 1979. 2C:43-18. Changeor cancellation of rules by statute or adoption of subsequentrules Any rule or rules so proposed or adopted shall be subjectto change or cancellation at any time by statute or by asubsequent rule adopted pursuant to this chapter.
L.1978, c. 95, s. 2C:43-18, eff. Sept. 1, 1979. Amended byL.1979, c. 178, s. 91, eff. Sept. 1, 1979.
2C:43-19. Adoption of rules at such time, or with such effectivedate, or without presentation at judicial conference, as may beprovided in joint resolution By joint resolution adopted by theSenate and General Assembly and signed by the Governor withrespect to a particular rule or rules therein specified the SupremeCourt may adopt such rule or rules at such time or times, orwith such effective date, or without presentation at a JudicialConference, as may be provided in the joint resolution.
L.1978, c. 95, s. 2C:43-19, eff. Sept. 1, 1979.
2C:43-20. Reduction or elimination of time during which rulesmay be canceled by joint resolution By joint resolution adoptedby the Senate and General Assembly and signed by theGovernor with respect to a particular rule or rules thereinspecified, the period of time as provided in 2C:43-17 duringwhich the same may be canceled by joint resolution may bereduced or eliminated.
L.1978, c. 95, s. 2C:43-20, eff. Sept. 1, 1979. 2C:43-21. Indexand reports a. Index. The Administrative Director of the Courtsshall establish and maintain an index of cases in whichapplications for supervisory treatment have been made and suchindex shall indicate the dispositions of those applications.
b. Reports. At the termination of the year in which this chaptertakes effect and at the termination of each calendar yearthereafter, for a period of 5 years, the assignment judge for eachcounty shall report the results of the rehabilitative effortprescribed in this act to the Administrative Director of the
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Courts. The report shall include a description of offenses forwhich supervisory treatment was prescribed, the type oftreatment to which defendants were assigned, the number andtypes of criminal acts, if any, committed by persons during theirperiod of supervisory treatment, the number of personssuccessfully completing supervisory treatment and against whomcharges were dismissed, and, where possible, the number andtypes of criminal acts, if any, committed by such personssubsequent to successful completion of supervisory treatment.
c. Evaluation. The Administrative Director of the Courts shall,from time to time as he deems necessary, or upon request fromthe Legislature, evaluate the program of supervisory treatmenton the basis of reports made to him by county and municipalprosecutors. He shall submit his evaluation, together withspecial findings and recommendations to the Legislature.
d. No order of expungement or sealing shall affect any entry inthe index or any registry of such information established by theAdministrative Office of the Courts.
L.1978, c. 95, s. 2C:43-21, eff. Sept. 1, 1979. Amended byL.1979, c. 178, s. 92, eff. Sept. 1, 1979.
2C:43-22. Disclaimer Nothing contained in this act is intendedto supersede, repeal or modify the authority granted andprocedure prescribed under section 27 of P.L.1970, c. 226 (C.24:21-27).
L.1978, c. 95, s. 2C:43-22, eff. Sept. 1, 1979.
RULE 3:28. PRETRIAL INTERVENTION PROGRAMS
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Rule 3:28. Pretrial Intervention Programs
(a) Each Assignment Judge shall designate a judge or judges toact on all matters pertaining to pretrial intervention programs inthe vicinage in accordance with N.J.S.A. 2C:43-12 and -13.
(b) Where a defendant charged with a penal or criminal offensehas been accepted by the program, the designated judge may, onthe recommendation of the criminal division manager and withthe consent of the prosecutor and the defendant, postpone allfurther proceedings against said defendant on such charges for aperiod not to exceed thirty-six months.
(c) At the conclusion of the period set forth in paragraph (b) orearlier upon motion of the criminal division manager, thedesignated judge shall make one of the following dispositions:
(1) On recommendation of the criminal division manager andwith the consent of the prosecutor and the defendant, dismiss
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the complaint, indictment or accusation against the defendant,such a dismissal to be designated "matter adjusted-complaint (orindictment or accusation) dismissed"; or
(2) On recommendation of the criminal division manager andwith the consent of the prosecutor and the defendant, furtherpostpone all proceedings against such defendant on such chargesfor an additional period of time as long as the aggregate ofpostponement periods under the rule does not exceed thirty-sixmonths; or
(3) On the written recommendation of the criminal divisionmanager or the prosecutor or on the court's own motion orderthe prosecution of the defendant to proceed in the ordinarycourse. Where a recommendation for such an order is made bythe criminal division manager or the prosecutor, such personshall, before submitting such recommendation to the designatedjudge, provide the defendant or defendant's attorney with a copyof such recommendation, shall advise the defendant of theopportunity to be heard thereon, and the designated judge shallafford the defendant such a hearing.
(4) During the conduct of hearings subsequent to an orderreturning the defendant to prosecution in the ordinary course, noprogram records, investigative reports, reports made for a courtor prosecuting attorney, or statements made by the defendant toprogram staff shall be admissible in evidence against suchdefendant.
(5) No statement or other disclosure regarding the charge orcharges against the participant made or disclosed by aparticipant in pretrial intervention to a person designated toprovide supervisory treatment shall be disclosed by such personat any time, to the prosecutor, nor shall any such statement ordisclosure be admitted as evidence in any civil or criminalproceeding against the participant, provided that the criminaldivision manager shall not be prevented from informing theprosecutor, or the court, on request or otherwise, whether theparticipant is satisfactorily responding to supervisory treatment.
(d) Where proceedings have been postponed against a defendantfor an additional period as provided in paragraph (c)(2), at theconclusion of such period the designated judge may not againpostpone proceedings but shall make a disposition in accordancewith paragraph (c)(1) or (3). The aggregate of postponementperiods under this rule shall in no case exceed thirty-six months.
(e) The Administrative Director of the Courts shall establish andmaintain a Pretrial Intervention Registry for the purpose ofdetermining applications, enrollments and the degree ofcompletion thereof by a defendant in a program approved by theSupreme Court in accordance with paragraph (a). The PretrialIntervention Registry shall contain such information andmaterial as directed by the Supreme Court. No order to expunge
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or seal records of arrest after dismissal of a complaint,indictment or accusation under paragraph (c) or (d) shall bar theretention of material and information in the Pretrial InterventionRegistry for the purposes of determining a defendant's priorapplications to, enrollments in and the degree of completion of aPretrial Intervention Program or for statistical reports required ofthe Administrative Director of the Courts, by law or theSupreme Court.
(f) When the criminal division manager and prosecutor reject anapplication for participation in the pretrial intervention program,there shall be no pretrial review by an appellate court if therejection is upheld by the designated judge or the AssignmentJudge. An order enrolling a defendant into the pretrialintervention program over the prosecutor's objection shall bedeemed final for purposes of appeal, as of right, and shall beautomatically stayed for fifteen days following its entry andthereafter pending appellate review.
(g) Denial of acceptance pursuant to this rule may be reviewedon appeal from a judgment of conviction notwithstanding thatsuch judgment is entered following a plea of guilty.
(h) Application for pretrial intervention shall be made at theearliest possible opportunity, including before indictment, but inany event no later than twenty-eight days after indictment. Thecriminal division manager shall complete the evaluation andmake a recommendation within twenty-five days of the filing ofthe application. The prosecutor shall complete a review of theapplication and inform the court and defendant within fourteendays of the receipt of the criminal division manager'srecommendation.
An appeal by the defendant shall be made on motion to thePresiding Judge of the Criminal Division or to the judge towhom the case has been assigned within ten days after therejection and shall be made returnable at the next statusconference or at such time as the judge determines will promotean expeditious disposition of the case.
Where application is made pre-indictment, the prosecutor maywithhold action on the application until the matter has beenpresented to the grand jury.
Guideline 1
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The purposes of pretrial intervention are:(a) To provide defendants with opportunities to avoid ordinaryprosecution by receiving early rehabilitative services, when suchservices can reasonably be expected to deter future criminalbehavior by the defendant, and when there is an apparent causal
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connection between the offense charged and the rehabilitativeneed, without which cause both the alleged offense and the needto prosecute might not have occurred.(b) To provide an alternative to prosecution for defendants whomight be harmed by the imposition of criminal sanctions aspresently administered, when such an alternative can beexpected to serve as sufficient sanction to deter criminalconduct.(c) To provide a mechanism for permitting the least burdensomeform of prosecution possible for defendants charged with"victimless" offenses.(d) To assist in the relief of presently overburdened criminalcalendars in order to focus expenditure of criminal justiceresources on matters involving serious criminality and severecorrectional problems.(e) To deter future criminal or disorderly behavior by adefendant/participant in pretrial intervention.
Comment
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Guideline 1(a) states a rehabilitative model on which PTIprograms in New Jersey are based. The rehabilitative modelemphasizes that social, cultural and economic conditions oftenresult in a defendant's choice of environmental compulsion tocommit crime. PTI seeks to solve personal problems which tendto result from the conditions that appear to cause crime.Guideline 1(b) recognizes that diversion in appropriatecircumstances can serve as sufficient sanction to deter futurecriminal conduct.Guideline 1(c) provides for the use of PTI as a mechanism forminimizing penetration into the criminal process for broadcategories of offenders accused of "victimless crimes," withoutrelinquishing criminal justice control over such persons whilestatutes proscriptive of such behavior remain in force.Guideline 1(d) provides for removing from ordinary prosecutionthose who can be deterred from criminal behavior by short termrehabilitative work or supervision. It is to be emphasized thatthe potential for rehabilitation must be considered in light of thetime periods embodied in Rule 3:28(b), (c), (d).The deterrence of criminal behavior in many cases requiresintensive work: counseling, psychotherapy, drug-abuseprevention and control, employment placement. Programs inthese cases should be measured against available treatmentfacilities and the time constraints of PTI. For other defendants,however, no more than a supervised pretrial probationary periodmay be necessary when no extensive need for rehabilitativeservices can be discerned.Guideline 1(e) acknowledges that pre-conviction rehabilitationcan be in the public interest when it results in the deterrence offuture misconduct.
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Eligibility for PTI is broad enough to include all defendants whodemonstrate sufficient effort to effect necessary behavioralchange and show that future criminal behavior will not occur.Any defendant accused of crime shall be eligible for admissioninto a PTI program. When the application indicates factorswhich would ordinarily lead to exclusion under the guidelinesestablished hereinafter, the applicant nevertheless shall have theopportunity to present to the criminal division manager, andthrough the criminal division manager to the prosecutor, anyfacts or materials demonstrating the defendant's amenability tothe rehabilitative process, showing compelling reasons justifyingthe defendant's admission, and establishing that a decisionagainst enrollment would be arbitrary and unreasonable.
Comment
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Guideline 2 provides that each applicant for a PTI program isentitled to full and fair consideration of his or her application.When the application indicates factors that cause either thecriminal division manager to reject the application or theprosecutor to deny consent to an enrollment, a statementparticularizing the reasons for the rejection or the withholding ofconsent by the prosecutor must be furnished to the defendant. Ifthe defendant wishes to challenge a rejection by the criminaldivision manager, or the prosecutor's denial of consent toenrollment, the defendant may do so in accordance with theprocedures set forth in guidelines 6 and 8. It is the duty of theapplicant to allege and present any facts and materials to thecriminal division manager for reconsideration either by thecriminal division manager or prosecutor, if the prosecutor hasdenied consent, showing compelling reasons justifyingadmission, and establishing that a decision against enrollmentwould be arbitrary and unreasonable. The presentation of thismaterial should be done concurrently with the filing of a motionunder guideline 8 for review of a decision by a criminal divisionmanager not to recommend or of a prosecutor not to consent toenrollment.
Guideline 3
*
In evaluating a defendant's application for participation in apretrial intervention program, consideration shall be given to thecriteria set forth in N.J.S.A. 2C:43-12(e). In addition thereto, thefollowing factors shall also be considered together with otherrelevant circumstances:(a) Age. Pretrial intervention is designed to deal only with adultdefendants who, in accordance with New Jersey law, are those
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persons above the age of 18. Also included are those juvenilesbetween the ages of 16 and 18 who are treated as adults underR. 5:9-5.(b) Residence. New Jersey's PTI program is designed to dealwith the problem of crime in New Jersey. Only those defendantsare ineligible who reside such distances from New Jersey as tobar effective counseling or supervisory procedures.(c) Jurisdiction. Only defendants charged with criminal or penaloffenses in the criminal or municipal courts of the State of NewJersey may be enrolled pursuant to R. 3:28.(d) Minor Violations. Defendants should not be eligible forenrollment if the likely disposition would result in a suspendedsentence without probation or a fine. Those charged withordinance, health code and other similar violations are noteligible.(e) Prior Record of Convictions. While the pretrial interventionprogram is not limited to "first offenders", defendants who havebeen previously convicted of a criminal offense shouldordinarily be excluded. Such defendants who have at any priortime been convicted of a first or second degree crime or whoirrespective of the degree of the crime have completed a term ofprobation, incarceration or parole within five years prior to thedate of application for diversion shall ordinarily not beconsidered for enrollment in PTI except on joint application bythe defendant and the prosecutor. Defendants charged with morethan one offense may be considered for enrollment.(f) Parolees and Probationers. Defendants who, at the time ofarrest, are probationers or parolees should be considered forenrollment under R. 3:28 only after consultation with the ChiefProbation Officer or District Parole Supervisor whosedepartments supervise the defendants, and only after they haveagreed that revocation of probation or parole need not berecommended or after the appropriate authority has made thedecision not to revoke probation or parole.(g) Defendants Previously Diverted. Supervisory treatment mayoccur only once with respect to any defendant who haspreviously been enrolled in a program of pretrial intervention orconditionally discharged pursuant to N.J.S.A. 24:21-27 orN.J.S.A. 2C:36A-1. All applications for enrollment in a PTIprogram must proceed in accordance with the rules of theSupreme Court and these guidelines after reference to thePretrial Intervention Registry established pursuant to R. 3:28(e)and N.J.S.A. 2C:43-21(a). No order to expunge or seal recordsof arrest after dismissal of a complaint, indictment or accusationunder paragraph (c) or (d) shall bar the retention of material andinformation in the Pretrial Intervention Registry for the purposesof determining a defendant's prior applications to, enrollmentsin, and the degree of completion of a Pretrial InterventionProgram or for statistical reports required of the AdministrativeDirector of the Courts, by law or the Supreme Court.(h) Eligibility Under N.J.S.A. 24:21-27 or N.J.S.A. 2C:36A-1.The statutes set forth the criteria for eligibility and guidelinesfor exclusion. Defendants eligible for pretrial intervention or
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conditional discharge pursuant to N.J.S.A. 2C:36A-1 or § 27 ofthe Controlled Dangerous Substances Act may be placed underthe supervision of a pretrial intervention program.(i) Assessment of the Nature of the Offense. Any defendantcharged with crime is eligible for enrollment in a PTI program,but the nature of the offense is a factor to be considered inreviewing the application. If the crime was (1) part of organizedcriminal activity; or (2) part of a continuing criminal business orenterprise; or (3) deliberately committed with violence or threatof violence against another person; or (4) a breach of the publictrust where admission to a PTI program would deprecate theseriousness of defendant's crime, the defendant's applicationshould generally be rejected. A defendant charged with a first orsecond degree offense or sale or dispensing of Schedule I or IInarcotic drugs as defined in L.1970, c. 226 (N.J.S.A. 24:21-1 etseq.) by persons not drug dependent, should ordinarily not beconsidered for enrollment in a PTI program except on jointapplication by the defendant and the prosecutor. However, insuch cases, the applicant shall have the opportunity to present tothe criminal division manager, and through the criminal divisionmanager to the prosecutor, any facts or materials demonstratingthe applicant's amenability to the rehabilitative process, showingcompelling reasons justifying the applicant's admission andestablishing that a decision against enrollment would bearbitrary and unreasonable.(j) Co-defendants. The impact of diversion on the prosecutionof co-defendants is a factor to be considered.(k) Restitution and Community Service. A restitution orcommunity service requirement, or both, may be included aspart of an individual's service plan when such a requirementpromises to aid the rehabilitation of the offender. Any suchrequirement and its terms shall be judicially determined at thetime of enrollment following recommendation by the criminaldivision manager and consent by the Prosecutor. Evidence ofthe restitution condition is not admissible against defendant inany subsequent civil or criminal proceeding. Admission to theprogram shall not be denied solely on the basis of anticipatedinability to meet a restitution requirement. Where appropriate tofurther rehabilitation, symbolic or partial restitution may beincluded in the service.
Comment
*
Guideline 3, in its introductory statement, requires that thestatutory criteria of N.J.S.A. 2C:43-12(e) be considered in theevaluation of a defendant's application for pretrial intervention.That statutory provision requires consideration of those criteria"among others." Accordingly, the original criteria of thisguideline have also been retained as explanatory of andsupplemental to the statutory criteria. For convenience inreference, the statutory criteria are as follows:(1) The nature of the offense;
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(2) The facts of the case;(3) The motivation and age of the defendant;(4) The desire of the complainant or victim to foregoprosecution;(5) The existence of personal problems and character traitswhich may be related to the applicant's crime and for whichservices are unavailable within the criminal justice system, orwhich may be provided more effectively through supervisorytreatment and the probability that the causes of criminalbehavior can be controlled by proper treatment;(6) The likelihood that the applicant's crime is related to acondition or situation that would be conducive to changethrough his participation in supervisory treatment;(7) The needs and interests of the victim and society;(8) The extent to which the applicant's crime constitutes part ofa continuing pattern of anti-social behavior;(9) The applicant's record of criminal and penal violations andthe extent to which he may present a substantial danger toothers;(10) Whether or not the crime is of an assaultive or violentnature, whether in the criminal act itself or in the possibleinjurious consequences of such behavior;(11) Consideration of whether or not prosecution wouldexacerbate the social problem that led to the applicant's criminalact;(12) The history of the use of physical violence toward others;(13) Any involvement of the applicant with organized crime;(14) Whether or not the crime is of such a nature that the valueof supervisory treatment would be outweighed by the publicneed for prosecution;
(15) Whether or not the applicant's involvement with otherpeople in the crime charged or in other crime is such that theinterest of the State would be best served by processing his casethrough traditional criminal justice system procedures;(16) Whether or not applicant's participation in pretrialintervention will adversely affect the prosecution of co-defendants; and(17) Whether or not the harm done to society by abandoningcriminal prosecution would outweigh the benefits to societyfrom channeling an offender into a supervisory treatmentprogram.Guideline 3(a) indicates that the services of PTI programs may,in appropriate instances and at the request of juvenile authoritiesand programs, be made available to juvenile defendants whenthe need for inter-program cooperative work is indicated.Under Guideline 3(b), residents of other States, charged withoffenses in New Jersey counties in which there exist pretrialintervention programs may, with the approval of the prosecutingattorney, the designated judge, and Administrative Office of theCourts, be permitted to participate in such out-of-state programwhile enrolled pursuant to R. 3:28.Regardless of the New Jersey jurisdiction in which the
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complaint, indictment or accusation has been filed, defendantsor participants may, with the agreement of the PTI coordinatorsinvolved, be transferred for participation among the variouscounty or vicinage programs.Guideline 3(c) establishes jurisdictional requirements. However,defendants charged in other States or in the Federal Courts, mayin appropriate instances and with the permission of theAdministrative Office of the Court, be permitted to participate inthe counseling or supervision regimes of the county or vicinagePTI programs on request of the Federal Authorities or a PTIprogram in another State.Guideline 3(d) sets forth the policy that those charged withminor violations should not be admitted to a PTI program. It isfelt that while no per se exclusion of non-indictable offenses isappropriate, the PTI process is not appropriate for such caseswhich do not involve a potential sentence of consequence.Rodriguez v. Rosenblatt, 58 N.J. 281, 277 A.2d 216 (1971).1Guideline 3(e) makes it clear that a prior criminal record maybe indicative of a behavioral pattern not conducive to short termrehabilitation. Therefore, pretrial intervention should ordinarilybe limited to persons who have not previously been convicted ofa crime and hence a rebuttable presumption against enrollmentis created by the fact of a prior conviction. An even heavieronus is placed upon defendants whose prior conviction is of afirst or second degree crime or who have completed a term ofimprisonment, probation or parole within the five-year periodimmediately preceding the application for diversion. As to thosedefendants, admission to the program is ordinarily dependentupon the prosecutor joining in the PTI application.
Guideline 3(f) sets forth a policy permitting probationers andparolees to enter PTI programs. Since the parolee/probationer isunder the supervision of the District Parole Supervisor or ChiefProbation Officer, consultation should be sought prior torecommending enrollment of the defendant into a PTI program.Guideline 3(g) creates a bar against admission into a PTIprogram for those defendants who have previously beendiverted under N.J.S.A. 2C:43-12 et seq. or conditionallydischarged pursuant to N.J.S.A. 24:21-27 or N.J.S.A. 2C:36A-1.The Pretrial Intervention Registry established pursuant toN.J.S.A. 2C:43-21(a) and R. 3:28 serves as the means ofidentifying defendants previously diverted through a PTIprogram. This registry is designed to complement the ControlledDangerous Substance Registry Act of 1970, pursuant to N.J.S.A.26:2G-17 et seq.Guideline 3(h) deems it appropriate that PTI programs mayassume the supervision of N.J.S.A. 24:21-27 or N.J.S.A.2C:36A-1 cases.Guideline 3(i) recognizes that consistent with State v. Leonardis,71 N.J. 85, 363 A.2d 321 (1976) and 73 N.J. 360, 375 A.2d 607(1977), there must be a balance struck between a defendant'samenability to correction, responsiveness to rehabilitation andthe nature of the offense. It is to be emphasized that while all
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persons are eligible for pretrial intervention programs, thosecharged with offenses encompassed within certain enumeratedcategories must bear the burden of presenting compelling factsand materials justifying admission. First and second degreecrimes (and their Title 2A cognates) and the sale or dispensingof Schedule I and II narcotics by persons not drug dependent arespecific categories of offenses that establish a rebuttablepresumption against admission of defendants into a PTIprogram. This presumption reflects the public policy of PTI. PTIprograms should ordinarily reject applications by defendantswho fall within these categories unless the prosecutor hasaffirmatively joined in the application. A heavy burden restswith the defendant to present to the criminal division managerat the time of application (a) proof that the prosecutor hasjoined in the application and (b) any material that wouldotherwise rebut the presumption against enrollment. When adefendant charged with a first or second degree crime or thesale or dispensing of Schedule I or II narcotics has been rejectedbecause the prosecutor refuses to consent to the filing of theapplication, or because in the sound discretion of the criminaldivision manager the defendant has not rebutted the presumptionagainst admission, the burden lies with the defendant uponappeal to the court to show that the prosecutor or criminaldivision manager abused such discretion. When an application isrejected because the defendant is charged with a crime of thefirst or second degree or sale or dispensing of Schedule I or IInarcotics, and the prosecutor refuses to join affirmatively in thefiling of an application or later refuses to consent to enrollment,such refusal should create a rebuttable presumption againstenrollment.Guideline 3(k) recognizes that the use of restitution andcommunity service may play an integral role in rehabilitation.Requiring either is strongly consonant with the individualapproach defined in State v. Leonardis, 71 N.J. 85, 363 A.2d321 (1976) and 73 N.J. 360, 375 A.2d 607 (1977), whichemphasized the needs of the offender. In determining therestitution requirement and its terms including ability of theoffender to pay, the Court should rely on the proceduresoutlined in State in Interest of DGW, 70 N.J. 488, 361 A.2d 513(1976) and State v. Harris, 70 N.J. 586 (1976).Full restitution need not be completed during participation in theprogram. In determining whether a restitution requirement hasbeen fulfilled, the designated judge shall consider good-faithefforts by the defendant. In appropriate cases, at the conclusionof participation, a civil judgment by confession may be enteredby the court. However, restitution should never be used in PTIfor the sole purpose of collecting monies for victims.
Guideline 4
*
Enrollment in PTI programs should be conditioned upon neitherinformal admission nor entry of a plea of guilty. Enrollment of
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defendants who maintain their innocence should be permittedunless the defendant's attitude would render pretrial interventionineffective.
Comment
*
A PTI program is presented to defendants as an opportunity toearn a dismissal of charges for social reasons and reasons ofpresent and future behavior, legal guilt or innocencenotwithstanding. This stance produces a relation of trust betweencounselor and defendant. Within the context of pretrialintervention when and whether guilt should be admitted is adecision for counselors. Counselors should be free to handleeach case individually according to their best judgment.Neither admission of guilt nor acknowledgment of responsibilityis required. Steps to bar participation solely on such groundswould be an unwarranted discrimination.Nevertheless, many guilty defendants blame their behavior onsociety, family, friends or circumstance, and avoid recognitionof the extent of their own role and responsibility. While such anattitude continues, it is unlikely that behavioral change canoccur as a result of short-term rehabilitative work. Anunderstanding and acceptance of responsibility for behaviorachieved through counseling, can and often does, result in thebeginnings of the defendant's ability to control his/her acts andis an indication that rehabilitation may, in large measure, havebeen achieved.
Guideline 5
*
Effective operation of pretrial intervention programs requiresthat a relationship of confidence and trust be initiated andmaintained between participating defendants and staff. Noinformation, therefore, obtained as a result of a defendant'sapplication to or participation in a pretrial intervention programshould be used, in any subsequent proceeding, against his or heradvantage.
Comment
*
That a relationship based on trust is necessary for therehabilitation/attitude change process to operate cannot seriouslybe doubted, and the policy reflected in the admissibility anddefendant protection provisions of R. 3:28 and R. 1:38recognizes such a need. The priority of the maintenance of thecounselor-participant relation over the need for disclosuresresulting from this relationship is the same, of course, as thepriority for the maintenance of, for example, the confidentiality
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of lawyer-client, physician/psychologist-patientcommunications. (Counselors should feel free to shroud theirassociation in an air of confidentiality. Use of informationgathered in this process would most likely be barred from futureproceedings "as contrary to basic standards of due process andfundamental fairness." See In the Interest of J.P.B., 143 N.J.Super. 96, 362 A.2d 1183 (App. Div. 1976). Of course,defendants who give false information on PTI applications maysubject themselves to charges of perjury or false swearing ininstances where supporting affidavits may be required by thecriminal division manager. Affidavits relating to the facts andcircumstances of the underlying offense shall not be required.)The essential PTI format is to give participating defendants atrue second chance to accomplish rehabilitation or to showotherwise that criminal conduct is not likely to occur in thefuture; and if the defendant fails in this effort, to return him orher to that stage of ordinary prosecution at which proceedingshad been stopped under R. 3:28, and to the extent possible,enable prosecution to take place as if such defendants had notparticipated in the PTI program so that defendants will not beprejudiced by an unsuccessful attempt to earn a R. 3:28dismissal.
Guideline 6
*
Application for PTI should be made as soon as possible aftercommencement of proceedings, but, where an indictable offenseis charged, not later than 28 days after indictment. Allapplications for PTI should be processed in the order of theirfiling. However, where the application is filed after anindictment has been returned, the PTI Program should completeits evaluation and make its recommendation thereon within 25days after filing. The prosecutor should complete a review andadvise the defendant within 14 days thereafter. An appeal bydefendant to the trial court shall be brought within 10 days afterthe rejection notice and should be determined either before or atthe pretrial conference.
Comment
*
To relieve defendants from the anxiety of facing prosecution, toapply appropriate rehabilitative measures at an early date, and toeffect savings in criminal justice resources, PTI programs shouldendeavor to divert qualified defendants from the ordinary courseof prosecution as soon as possible after the filing of acomplaint. The court must advise defendant of the opportunityto be considered for PTI at the first appearance before the court.See R. 3:4-2. While a PTI application should be made beforeindictment, there are nevertheless problems involved in securingpublic defender counsel before arraignment. Thus, while pre-
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indictment filing is encouraged, the application may be made nolater than 28 days after indictment, but not thereafter. This timerequirement should permit all defendants sufficient opportunityto make a voluntary and informed choice concerning enrollmentin a PTI program.The time requirements set forth in the guidelines for evaluation,recommendation and review are intended to enable completeprocessing of a defendant's application before the pretrialconference. See R. 3:9-1e. Early filing as encouraged by thisguideline, will afford PTI programs and prosecutors theopportunity to manage their resources better by providing themsufficient time to make informed evaluations. The time limits forprocessing applications are designed to facilitate speedy trialsand are realistic in view of the limited scope of reviewfollowing rejection.
Guideline 7
*
Where application is made in an indictable offense, theprosecutor may withhold action on the application until thematter has been presented to the grand jury.
Comment
*
Guideline 7 recognizes that at times it may be in the publicinterest to have a particular defendant screened out of thecriminal justice system, either by administrative decision orgrand jury action, rather than diverted into a PTI program. Thus,the prosecutor is given the discretion to choose an appropriateroute and the court will not be burdened by hearing challengesif no indictment is to be returned. However, the option ofdelaying action until the grand jury has voted on the caseshould be considered only in rare instances. Generally,expeditious handling of PTI applications is in consonance withthe purpose of diversion. Of course, if the prosecutor consentsto the application, enrollment into a PTI program should not bedelayed and the defendant should generally be enrolled beforeindictment.
Guideline 8
*
The decisions and reasons therefor made by the designatedjudges (or Assignment Judges), prosecutors and criminaldivision managers in granting or denying defendants'applications for PTI enrollment, in recommending and orderingtermination from the program or dismissal of charges, in allcases must be reduced to writing and disclosed to defendant.A defendant may be accepted into a PTI program by the
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designated judge (or the Assignment Judge) on recommendationof the criminal division manager, and with the consent of theprosecuting attorney and the defendant. Applications that arerecommended for enrollment by the criminal division managerand consented to by the prosecutor must be presented to thedesignated judge (or Assignment Judge) authorized to enterorders. If a defendant desires to challenge the decision of acriminal division manager not to recommend enrollment or of aprosecutor refusing to consent to enrollment into a PTI program,a motion must be filed before the designated judge (or theAssignment Judge) authorized to enter orders under R. 3:28. Thechallenge is to be based upon alleged arbitrary or capriciousaction, and the defendant has the burden of showing that thecriminal division manager or prosecutor abused discretion inprocessing the application. No direct appeal can be filed to theAppellate Division challenging the actions of the criminaldivision manager or the prosecutor. The decision of the criminaldivision manager or prosecutor may be challenged at a hearingon defendant's motion before the designated judge (orAssignment Judge) and, thereafter, defendant or prosecutor canseek leave to appeal from the court's decision denying orpermitting enrollment.A defendant shall also be entitled to a hearing challenging acriminal division manager or prosecutor's recommendation(following an initial or subsequent adjournment under Rule3:28) that the prosecution of defendant proceed in the normalcourse. The decision of the court shall be appealable by thedefendant or the prosecutor as in the case of any interlocutoryorder.A defendant aggrieved by the decision of the designated judgeor assignment judge respecting the joint decision of the criminaldivision manager and prosecutor to deny an application forparticipation in a pretrial intervention program may not seekappellate review thereof until after entry of judgment ofconviction. A defendant may then seek such review even if thejudgment was entered following a plea of guilty. However, aprosecutor whose denial of consent has been reversed by thedesignated judge or assignment judge may seek leave to appealpursuant to R. 2:2.
Guidelines 2, 3, 6 and 8 and Comments to Guidelines 2, 3, 5and 6 amended July 13, 1994 to be effective January 1, 1995;Guidelines 3(g) and (h) and Comments to Guidelines 3(g) and(h) amended June 28, 1996 to be effective September 1, 1996.
1 Of course all defendants charged with an indictable offenseare eligible for PTI.
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