Rule 3:28-3. Application Process

Rule 3:28-3. Application Process

(a) Application. Every applicant for pretrial intervention shall complete a form
as prescribed by the Administrative Director of the Courts for filing with the Criminal
Division.

(b) Procedure for Persons Ineligible for Pretrial Intervention without
Prosecutor Consent to Consideration of the Application.

(1) An application that requires prosecutor consent pursuant to R. 3:28-
1(d)(1) and (d)(2) shall include a statement of the extraordinary and compelling
circumstances that justify consideration of the application notwithstanding the
presumption of ineligibility based on the nature of the crime charged and any prior
convictions.

(2) Upon filing of an application that requires prosecutor consent, the
Criminal Division shall not consider the merits of the application and shall forward the
application to the prosecutor’s office for consideration. Within 14 days of receipt of the
application, the prosecutor shall advise the defendant, the defendant’s attorney and the
Criminal Division, in writing, of the decision to either consent or refuse to consent to
further consideration of the application. The writing shall include a copy of the
application, the basis for the prosecutor’s decision, and accompanying information, if
any, in support of the decision. Only after receipt of the prosecutor’s consent to further
consideration of the application, the Criminal Division shall consider the application.

(3) In making a determination whether to consent to further consideration
of the application, the prosecutor shall give due consideration to the victim’s position, if
any, and shall not be required to consider any facts, materials, or circumstances other
than the information presented in the defendant’s application. It shall not be an abuse
of discretion for the prosecutor to consider only those additional facts and
circumstances which shall include the victim’s position if any, on whether the defendant
should be admitted into the program, that the prosecutor deems relevant to a
determination whether circumstances justify consideration of the application
notwithstanding the presumption of ineligibility based on the nature of the crime charged
and any prior convictions.

(c) Defendants Charged with More than One Offense. Defendants charged
with more than one offense may be considered for enrollment.

(d) Criminal Division and Prosecutor Review After the Filing of the
Application. The criminal division manager shall complete the evaluation and make a
recommendation to the prosecutor (1) within twenty-five days of the filing of the
application with the Criminal Division or (2) for cases that require prosecutor consent to
further consideration of the application pursuant to R. 3:28-1(d), within twenty-five days
after receipt of the prosecutor’s consent. The prosecutor shall complete a review of the
application and inform the court, the defendant and the defendant’s attorney of the
decision on enrollment within 14 days of the receipt of the criminal division manager's
recommendation. Where an application is made pre-indictment, the prosecutor may
withhold action on the application until the matter has been presented to the grand jury.
In such cases the prosecutor shall inform the criminal division manager, the defendant,
and defendant’s attorney of the decision on the application and enrollment within 14
days of the return of the indictment.

Note: Adopted September 15, 2017 to be effective July 1, 2018.