Saturday, September 5, 2009

Pretrial Intervention Program

Pretrial Intervention Program

The Pretrial Intervention Program (PTI) is a legislatively created
program aimed at diverting individuals with high rehabilitative
prospects from the traditional criminal justice process. Any defendant
charged with an indictable offense may apply for PTI subject to the
rules and limitations of the N.J.S.A. 2C:43-12 to 22. Applicants must
pay a $75 application fee. The fee may be waived if the defendant is
determined to be indigent.

The purpose of the PTI program is to provide defendants with an
opportunity to avoid ordinary prosecution by receiving early
rehabilitative services, where such services can be expected to deter
future criminal behavior. It is an alternative to prosecution for
defendants who might be harmed by the imposition of criminal
sanctions, when such an alternative can be expected to serve as a
sufficient sanction to deter criminal conduct. PTI assists in the relief
of overburdened criminal calendars by allowing criminal justice
resources to focus on serious criminal matters and severe correctional
problems.

The charges are held inactive pending termination of the program.
Upon completion of the program and with the consent of the
prosecutor, the complaint, indictment or accusation against the
participant may be dismissed with prejudice. If the participant
violates the conditions of treatment, the court shall determine if the
violation warrants modification of conditions or dismissal from the
program. Upon dismissal from the program, the charges may be
reactivated and the prosecutor may proceed with further action.