Rule 3:28-5. Admission into Pretrial Intervention

Rule 3:28-5. Admission into Pretrial Intervention

(a) Judicial Determination. A Superior Court Judge shall act on all matters
pertaining to pretrial intervention programs in the vicinage in accordance with N.J.S.A.
2C:43-12 and -13.

(b) Enrollment in Pretrial Intervention.

(1) In General. Except as set forth in paragraph (b)(2), enrollment in
pretrial intervention programs shall not be conditioned upon either informal admission or
entry of a plea of guilty. Enrollment of defendants who maintain their innocence is to be
permitted unless the defendant's attitude would render pretrial intervention ineffective.

(2) Guilty Plea Required. To be admitted into Pretrial Intervention, a
guilty plea must be entered for a defendant who is charged with: (i) a first or second
degree crime; (ii) any crime if the defendant had previously been convicted of a first or
second degree crime; (iii) a third or fourth degree crime involving domestic violence, as
defined in N.J.S.A. 2C:25-19; or (iv) any disorderly persons or petty disorderly persons
offense involving domestic violence, as defined in N.J.S.A. 2C:25-19 if the defendant
committed the offense while subject to a temporary or permanent restraining order
issued pursuant to the provisions of the Prevention of Domestic Violence Act, N.J.S.A.
2C:25-17 et seq.

(c) Postponement. A Superior Court judge may, on the recommendation of
the criminal division manager, and with the consent of the prosecutor and the
defendant, postpone all further proceedings against said defendant on such charges for
a period not to exceed thirty-six months.

(d) Restitution; Community Service. A restitution or community service
requirement, or both, may be included as part of an individual’s service plan when such
a requirement promises to aid the rehabilitation of the offender. Any such requirement
and its terms shall be judicially determined at the time of enrollment following
recommendation by the criminal division manager and consent by the prosecutor.
Evidence of the restitution condition is not admissible against defendant in any
subsequent civil or criminal proceeding. Admission to the program shall not be denied
solely on the basis of anticipated inability to meet a restitution requirement.

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