Rule 3:28-1. Eligibility for Pretrial Intervention

Rule 3:28-1. Eligibility for Pretrial Intervention

(a) Age. To be eligible to apply for admission into the pretrial intervention
program, a person must be:

(1) age 18 or older at the time of the commission of the offense for which
an application is made, or

(2) a juvenile at the time of the commission of the offense, who is treated
as an adult under R. 5:22-1 or R. 5:22-2.

(b) Residence. Non-residents are eligible to apply for the pretrial intervention
program but may be denied enrollment unless they can demonstrate that they can
receive effective counseling or supervision.

(c) Persons Ineligible to Apply for Pretrial Intervention.

(1) Prior Diversion. A person who has previously been enrolled in a
program of pretrial intervention; previously been placed into supervisory treatment in
New Jersey under the conditional discharge statute pursuant to N.J.S.A. 24:21-27 or
N.J.S.A. 2C:36A-1, or the conditional dismissal statute, N.J.S.A. 2C:43-13.1 et seq.;
previously was granted a dismissal due to successful participation in the Veterans
Diversion Program pursuant to N.J.S.A. 2C:43-23 et seq.; or previously was enrolled in
a diversionary program under the laws of any other state or the United States for a
felony or indictable offense, shall be ineligible to apply for admission into pretrial
intervention.

(2) Non-Criminal Matters. A person who is charged with a disorderly
persons offense, a petty disorderly persons offense, an ordinance or health code
violation or a similar violation shall be ineligible to apply for pretrial intervention, except
that a person who is charged with a disorderly persons offense or a petty disorderly
persons offense involving domestic violence may apply for pretrial intervention.

(d) Persons Ineligible for Pretrial Intervention Without Prosecutor Consent
to Consideration of the Application.
The following persons who are not ineligible for pretrial intervention under
paragraph (c) shall be ineligible for pretrial intervention without prosecutor consent to
consideration of the application:

(1) Certain Crimes. A person who is charged with a crime, or crimes, for
which there is a presumption of incarceration or a mandatory minimum period of parole
ineligibility.

(2) Prior Convictions. A person who has previously been convicted of an
indictable offense in New Jersey, or its equivalent under the laws of another state or of
the United States.

(e) Cases Where There is a Presumption Against Admission in Pretrial
Intervention.

(1) Public Officer or Employee. Pursuant to N.J.S.A. 2C:43-12(b)(2)(a)
there shall be a presumption against admission for a person who was a public officer or
employee and who is charged with a crime that involved or touched the public office or
employment.

(2) Crime or Offense Involving Domestic Violence. Pursuant to N.J.S.A.
2C:43-12(b)(2)(b), there shall be a presumption against admission into PTI for a
defendant charged with any crime or offense involving domestic violence, as defined in
N.J.S.A. 2C:25-19, (a) if the defendant committed the crime or offense while subject to a
temporary or permanent restraining order issued pursuant to the Prevention of Domestic
Violence Act, N.J.S.A. 2C:25-17 et seq., or (b) if the crime or offense charged involved
violence or the threat of violence, which means (i) the victim sustained serious or
significant bodily injury as defined in N.J.S.A. 2C:11-1, (ii) the actor was armed with and
used a deadly weapon or threatened by word or gesture to use a deadly weapon as
defined in N.J.S.A. 2C:11-1, or (iii) the actor threatened to inflict serious or significant
bodily injury as defined in N.J.S.A. 2C:11-1.

(3) Submission of Statement with the Application. To rebut the
presumption against admission set forth in subparagraphs (1) and (2) of this paragraph,
applicants shall include with their application for admission a statement of the
extraordinary and compelling circumstances that justify consideration of the application
notwithstanding the presumption against admission.

Note: Adopted September 15, 2017 to be effective July 1, 2018; paragraphs (c) and (d) amended July
27, 2018 to be effective September 1, 2018.