Rule 3:28-7. Conclusion of Period of Pretrial Intervention

Rule 3:28-7. Conclusion of Period of Pretrial Intervention

(a) Acceptance. Where a defendant charged with a penal or criminal offense
has been accepted by the program, the 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.

(b) Disposition. At the conclusion of the period set forth in paragraph (c) or
earlier upon motion of the vicinage chief probation officer, the judge shall make one of
the following dispositions:

(1) On recommendation of the vicinage chief probation officer and with
the consent of the prosecutor and the defendant, dismiss the complaint, indictment or
accusation against the defendant, such a dismissal to be designated “complaint (or
indictment or accusation) dismissed"; or

(2) On recommendation of the vicinage chief probation officer and with
the consent of the prosecutor and the defendant, further postpone all proceedings
against such defendant on such charges for an additional period of time as long as the
aggregate of postponement periods under the rule does not exceed thirty-six months; or

(3) On the written recommendation of the vicinage chief probation officer
or the prosecutor or on the court’s own motion order the prosecution of the defendant to
proceed in the ordinary course. Where a recommendation for such an order is made by
the vicinage chief probation officer or the prosecutor, such person shall, before
submitting such recommendation to the judge, provide the defendant and defendant’s
last known attorney of record with a copy of such recommendation, shall advise the
defendant of the opportunity to be heard thereon, and the judge shall afford the
defendant such a hearing. A defendant shall also be entitled to a hearing challenging a
vicinage chief probation officer’s or prosecutor’s recommendation for termination from
the program and that the prosecution of defendant proceed in the normal course. The
decision of the court shall be appealable by the defendant or the prosecutor as in the
case of any interlocutory order.

(c) Conclusion of Term. Where proceedings have been postponed against a
defendant for an additional period as provided in paragraph (b)(2), at the conclusion of
such period the judge may not again postpone proceedings but shall make a disposition
in accordance with paragraph (b)(1) or (b)(3). The aggregate of postponement periods
under this rule shall in no case exceed thirty-six months.

(d) Records. The Administrative Director of the Courts shall maintain a record
in the Judiciary’s computerized system of all applications, enrollments and the degree of
completion thereof by a defendant in a program approved by the Supreme Court in
accordance with R. 3:28-5(a). That system shall contain such information and material
as directed by the Supreme Court.

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