Rule 3:28-3. ApplicationProcess
(a) Application. Every applicant for pretrial intervention shall complete a form as prescribed by the Administrative Director of the Courts for filing with the Criminal Division.
(b) Procedure for Persons Ineligible for Pretrial Intervention without Prosecutor Consent to Consideration of the Application.
(1) An application that requires prosecutor consent pursuant to R. 3:28- 1(d)(1) and (d)(2) shall include a statement of the extraordinary and compelling circumstances that justify consideration of the application notwithstanding the presumption of ineligibility based on the nature of the crime charged and any prior convictions.
(2) Upon filing of an application that requires prosecutor consent, the Criminal Division shall not consider the merits of the application and shall forward the application to the prosecutor’s office for consideration. Within 14 days of receipt of the application, the prosecutor shall advise the defendant, the defendant’s attorney and the Criminal Division, in writing, of the decision to either consent or refuse to consent to further consideration of the application. The writing shall include a copy of the application, the basis for the prosecutor’s decision, and accompanying information, if any, in support of the decision. Only after receipt of the prosecutor’s consent to further consideration of the application, the Criminal Division shall consider the application.
(3) In making a determination whether to consent to further consideration of the application, the prosecutor shall give due consideration to the victim’s position, if any, and shall not be required to consider any facts, materials, or circumstances other than the information presented in the defendant’s application. It shall not be an abuse of discretion for the prosecutor to consider only those additional facts and circumstances which shall include the victim’s position if any, on whether the defendant should be admitted into the program, that the prosecutor deems relevant to a determination whether circumstances justify consideration of the application notwithstanding the presumption of ineligibility based on the nature of the crime charged and any prior convictions.
(c) Defendants Charged with More than One Offense. Defendants charged with more than one offense may be considered for enrollment.
(d) Criminal Division and Prosecutor Review After the Filing of the Application. The criminal division manager shall complete the evaluation and make a recommendation to the prosecutor (1) within twenty-five days of the filing of the application with the Criminal Division or (2) for cases that require prosecutor consent to further consideration of the application pursuant to R. 3:28-1(d), within twenty-five days after receipt of the prosecutor’s consent. The prosecutor shall complete a review of the application and inform the court, the defendant and the defendant’s attorney of the
(a) Application. Every applicant for pretrial intervention shall complete a form as prescribed by the Administrative Director of the Courts for filing with the Criminal Division.
(b) Procedure for Persons Ineligible for Pretrial Intervention without Prosecutor Consent to Consideration of the Application.
(1) An application that requires prosecutor consent pursuant to R. 3:28- 1(d)(1) and (d)(2) shall include a statement of the extraordinary and compelling circumstances that justify consideration of the application notwithstanding the presumption of ineligibility based on the nature of the crime charged and any prior convictions.
(2) Upon filing of an application that requires prosecutor consent, the Criminal Division shall not consider the merits of the application and shall forward the application to the prosecutor’s office for consideration. Within 14 days of receipt of the application, the prosecutor shall advise the defendant, the defendant’s attorney and the Criminal Division, in writing, of the decision to either consent or refuse to consent to further consideration of the application. The writing shall include a copy of the application, the basis for the prosecutor’s decision, and accompanying information, if any, in support of the decision. Only after receipt of the prosecutor’s consent to further consideration of the application, the Criminal Division shall consider the application.
(3) In making a determination whether to consent to further consideration of the application, the prosecutor shall give due consideration to the victim’s position, if any, and shall not be required to consider any facts, materials, or circumstances other than the information presented in the defendant’s application. It shall not be an abuse of discretion for the prosecutor to consider only those additional facts and circumstances which shall include the victim’s position if any, on whether the defendant should be admitted into the program, that the prosecutor deems relevant to a determination whether circumstances justify consideration of the application notwithstanding the presumption of ineligibility based on the nature of the crime charged and any prior convictions.
(c) Defendants Charged with More than One Offense. Defendants charged with more than one offense may be considered for enrollment.
(d) Criminal Division and Prosecutor Review After the Filing of the Application. The criminal division manager shall complete the evaluation and make a recommendation to the prosecutor (1) within twenty-five days of the filing of the application with the Criminal Division or (2) for cases that require prosecutor consent to further consideration of the application pursuant to R. 3:28-1(d), within twenty-five days after receipt of the prosecutor’s consent. The prosecutor shall complete a review of the application and inform the court, the defendant and the defendant’s attorney of the
decision on enrollment within 14 days of the receipt of the criminal division manager's recommendation. Where an application is made pre-indictment, the prosecutor may withhold action on the application until the matter has been presented to the grand jury. In such cases the prosecutor shall inform the criminal division manager, the defendant, and defendant’s attorney of the decision on the application and enrollment within 14 days of the return of the indictment.
Note: Adopted September 15, 2017 to be effective July 1, 2018.
Note: Adopted September 15, 2017 to be effective July 1, 2018.