Rule 3:28-4. Factors to Consider in Assessing Applications
(a) Statutory Criteria. In evaluating a defendant's application for participation in a pretrial intervention program, consideration shall be given to the criteria set forth in N.J.S.A. 2C:43-12(e). (b) Additional Factors. In addition thereto, the following factors shall also be considered together with other relevant circumstances: (1) The nature of the offense should be considered in reviewing the application. If the crime was (i) part of organized criminal activity; or (ii) part of a continuing criminal business or enterprise; or (iii) deliberately committed with violence or threat of violence against another person; or (iv) a breach of the public trust where admission to a PTI program would deprecate the seriousness of defendant's crime, the defendant's application should generally be rejected. (2) A defendant’s juvenile record, if applicable. (c) Victim’s Position. The prosecutor and the court, in formulating their recommendations or decisions regarding an applicant’s participation in a supervisory treatment program, shall give due consideration to the victim’s position if any, on whether the defendant should be admitted.
Note: Adopted September 15, 2017 to be effective July 1, 2018.
(a) Statutory Criteria. In evaluating a defendant's application for participation in a pretrial intervention program, consideration shall be given to the criteria set forth in N.J.S.A. 2C:43-12(e). (b) Additional Factors. In addition thereto, the following factors shall also be considered together with other relevant circumstances: (1) The nature of the offense should be considered in reviewing the application. If the crime was (i) part of organized criminal activity; or (ii) part of a continuing criminal business or enterprise; or (iii) deliberately committed with violence or threat of violence against another person; or (iv) a breach of the public trust where admission to a PTI program would deprecate the seriousness of defendant's crime, the defendant's application should generally be rejected. (2) A defendant’s juvenile record, if applicable. (c) Victim’s Position. The prosecutor and the court, in formulating their recommendations or decisions regarding an applicant’s participation in a supervisory treatment program, shall give due consideration to the victim’s position if any, on whether the defendant should be admitted.
Note: Adopted September 15, 2017 to be effective July 1, 2018.
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