Rule 3:28-4. Factors to Consider in Assessing Applications

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.