Wednesday, March 18, 2020

Rule 3:28-9. Written Reasons and Decisions

Rule 3:28-9. Written Reasons and Decisions

(a) Application. The decisions and reasons made by the prosecutor and
criminal division manager in recommending or denying a defendant’s application for
enrollment into the pretrial intervention program in all cases shall be reduced to writing
and disclosed to the defendant and defendant’s attorney. The decision of the judge to
grant or deny the application shall be written or placed on the record pursuant to R. 1:7-
4 and accompanied by an order.

(b) Termination or Dismissal. The decisions and reasons made by the
prosecutor and vicinage chief probation officer in recommending termination from the
pretrial intervention program or dismissal of charges in all cases shall be reduced to
writing and disclosed to the defendant and defendant’s last known attorney of record.
The decision of the judge to order termination or dismissal of the charges shall be
written or placed on the record pursuant to R. 1:7-4 and accompanied by an order.

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

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