2C:43-13.1 Conditional
Dismissal Eligibility and application.
1. Eligibility and
Application. a. Whenever any defendant who has not been previously convicted of
any petty disorderly persons offense, disorderly persons offense or crime under
any law of the United States, this State or any other state, and who has not
previously participated in conditional discharge under N.J.S.2C:36A-1, supervisory
treatment under N.J.S.2C:43-12, or conditional dismissal under P.L.2013, c.158
(C.2C:43-13.1 et al.), is charged with a petty disorderly offense or disorderly
persons offense except as provided in subsection b. of this section, the
defendant may, after a plea of guilty or a finding of guilt, but prior to the
entry of a judgment of conviction and with appropriate notice to the
prosecutor, apply to the court for entry into the conditional dismissal program
pursuant to the requirements of P.L.2013, c.158 (C.2C:43-13.1 et al.). As a
condition of such application, the defendant shall submit to the fingerprint
identification procedures as provided in R.S.53:1-15 before making such
application to the court to allow sufficient time for verification of the defendant's
criminal history by the prosecutor.
b. (1) A defendant shall
not be eligible for participation in the conditional dismissal program if the
offense for which the person is charged involved: (a) organized criminal or
gang activity; (b) a continuing criminal business or enterprise; (c) a breach
of the public trust by a public officer or employee; (d) domestic violence as
defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); (e) an
offense against an elderly, disabled or minor person; (f) an offense involving
driving or operating a motor vehicle while under the influence of alcohol,
intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; (g) a
violation of animal cruelty laws; or (h) any disorderly persons offense or petty
disorderly persons offense under chapter 35 or 36 of Title 2C.
(2)Nothing in this act
shall preclude a defendant charged with any disorderly persons offense or petty
disorderly persons offense under chapter 35 or 36 of Title 2C from applying to
the court for admission into the conditional discharge program in accordance
with N.J.S.2C:36A-1.
c. In addition to the
eligibility criteria enumerated in this section, the court shall consider the
following factors:
(1)The nature and
circumstances of the offense;
(2)The facts surrounding
the commission of the offense;
(3)The motivation, age,
character and attitude of the defendant;
(4)The desire of the
complainant or victim to forego prosecution;
(5)The needs and
interests of the victim and the community;
(6)The extent to which
the defendant's offense constitutes part of a continuing pattern of anti-social
behavior;
(7)Whether the offense
is of an assaultive or violent nature, whether in the act itself or in the
possible injurious consequences of such behavior;
(8)Whether the
applicant's participation will adversely affect the prosecution of
codefendants;
(9)Whether diversion of
the defendant from prosecution is consistent with the public interest; and
(10) Any other factors
deemed relevant by the court.
2C:43-13.2 Court
approval of defendant's participation in conditional dismissal program.
2. Court Approval of
Defendant's Participation in Conditional Dismissal Program. After considering
the eligibility criteria set forth in section 1 of P.L.2013, c.158
(C.2C:43-13.1), the defendant's criminal history and the municipal prosecutor's
recommendation, the court may, without entering a judgment of conviction, and
after proper reference to the State Bureau of Identification criminal history
record information files, approve the defendant's participation in the
conditional dismissal program established pursuant to P.L.2013, c.158
(C.2C:43-13.1 et al.) and place the defendant under a probation monitoring
status for a period of one year. The court may also impose financial
obligations and other terms and conditions in accordance with P.L.2013, c.158
(C.2C:43-13.1 et al.). Where the court approves a defendant's participation in
the conditional dismissal program over the municipal prosecutor's objection, the
order approving the defendant's participation in the program shall be a final
order but upon request of the municipal prosecutor shall be stayed for a period
of 10 days in order to permit the prosecutor to appeal such order to the
Superior Court.
L.2013, c.158, s.2.
