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PRETRIAL INTERVENTION
(PTI)
Program Summary and Application
For More Information
Superior Court Criminal Division
Telephone:
August 2005 (10304-english)
What is the Pretrial Intervention Program (PTI)?
The Pretrial Intervention Program (PTI)
provides defendants, generally first-time offenders, with opportunities for
alternatives to the traditional criminal justice process of ordinary prosecution. PTI
seeks to render early rehabilitative services, when such services can reasonably be
expected to deter future criminal behavior. The PTI program is based on a rehabilitative
model that recognizes that there may be an apparent causal connection between the
offense charged and the rehabilitative needs of a defendant. Further, the rehabilitative
model emphasizes that social, cultural, and economic conditions often result in a
defendant’s decision to commit crime.
Simply stated, PTI strives to solve personal problems which tend to result from the
conditions that appear to cause crime, and ultimately, to deter future criminal behavior
by a defendant.
What Are the Benefits of the Pretrial Intervention Program
(PTI)?
If PTI is successfully completed, there
is no record of conviction and the defendant avoids the stigma of a
criminal record. Although no record of a conviction exists, a defendant may
want to file for an expungement to remove any record of the original
arrest.
Early intervention allows rehabilitative services to be provided soon after the
alleged offense, in an attempt to correct the behavior that led to the offense.
Some of the costs associated with the
formal court process are eliminated through acceptance into PTI.
PTI provides early resolution of a case,
which serves the interests of the victim, the public and the defendant.
PTI reduces the burden on the court and allows resources to be devoted to more
serious criminals.
What are the Conditions for Participation in Pretrial
Intervention?
Supervision under the PTI program may run from 6 months to three years and is
provided by the Probation Division. Certain standard conditions are imposed on those
accepted into PTI, such as, random urine monitoring, and assessments of fees,
penalties and fines. Additional conditions may also be imposed to require the
performance of community service, payment of restitution, and submission to
psychological and/or drug and alcohol evaluations with compliance to
recommended treatment programs.
If a defendant successfully completes all the
conditions of PTI, then the original charges are dismissed on the recommendation of the
Criminal Division Manager with consent by the prosecutor, and there is no record of
conviction.
If a defendant does not successfully complete the conditions of PTI, then the
defendant is terminated from the PTI program and the case is returned to the
ordinary course of prosecution.
Who is Eligible for Pretrial Intervention (PTI)?
Any defendant who is charged with an
indictable offense may apply.
Admission guidelines stated in the Court Rules set the following criteria:
Age - PTI is designed for adults.
Jurisdiction - Only defendants charged
with indictable offenses in New Jersey may apply.
Minor Violations - Charges that would
likely result in a suspended sentence without probation or a fine are generally
not eligible. Those charged with ordinance, health code and other similar
violations are not eligible.
Prior Record of Convictions - PTI generally excludes defendants who have
been previously convicted.
Parolees and Probationers - Generally
excluded without prosecutor’s consent and considered only after consultation
with parole and probation departments.
Defendants Previously Diverted - Excludes defendants who have
previously been granted a diversionary program or conditional discharge.
How Does One Apply for Pretrial Intervention?
Applications to PTI must be made no later than 28 days after indictment. There is a
$75 non-refundable application fee. In certain instances, this fee may be waived.
The application process includes an
interview with the defendant by a staff member of the Criminal Division of the
Superior Court. A written report is prepared detailing the decision for admittance or
rejection into the PTI program. When a defendant is accepted into PTI on the
recommendation of the Criminal Division, with the consent of the prosecutor and the
defendant, the judge may postpone all further proceedings against the defendant
for a period not to exceed 36 months.
The applicant may appeal a rejection to the Presiding Judge of the Criminal Division
within 10 days of the rejection.
Application for PTI
Name:
_____________________________________
Address:
_____________________________________
City: State: Zip Code:
______________________________________
Phone#
______________________________________
D.O.B. Soc. Security #
______________________________________
Indictment or Complaint #
______________________________________
Prosecutor File # (if known)
___________________________________
Have you previously been enrolled in PTI or received a conditional discharge?
Yes________ No________
I have read the information contained in this
brochure and wish to apply for enrollment to PTI.
___________________________________
Signature of Defendant
Date
