Rule 3:28-8. Confidentiality of Pretrial Intervention Process and Records

Rule 3:28-8. Confidentiality of Pretrial Intervention Process and Records

(a) Records and Reports Not Admissible. During the conduct of hearings
subsequent to an order returning the defendant to prosecution in the ordinary course,
no program records, investigative reports, reports made for a court or prosecuting
attorney, or statements made by the defendant to program staff shall be admissible in
evidence against such defendant.

(b) Nondisclosure. No statement or other disclosure regarding the charge or
charges against the participant made or disclosed by a participant in pretrial intervention
to a person designated to provide supervisory treatment shall be disclosed by such
person at any time, to the prosecutor, nor shall any such statement or disclosure be
admitted as evidence in any civil or criminal proceeding against the participant, provided
that the vicinage chief probation officer shall not be prevented from informing the
prosecutor, or the court, on request or otherwise, whether the participant is satisfactorily
responding to supervisory treatment.

(c) Expungement. No order to expunge or seal records of arrest after dismissal
of a complaint, indictment or accusation shall bar the retention of material and
information in the Judiciary’s computerized system for the purposes of determining a
defendant’s prior applications to, enrollments in, and the degree of completion of a
Pretrial Intervention Program or for statistical reports required of the Administrative
Director of the Courts, by law or the Supreme Court.

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