Monday, September 16, 2019

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.