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Pre Trial Intervention Program (PTI)
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 or disorderly 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.
- 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.
- Many 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 average
from one to three years. Certain standard conditions are imposed on those
accepted into PTI, such as, random urine monitoring, and assessments for 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 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 trial list.
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.
- Residence - PTI is designed for New Jersey residents,
but others may apply.
- Jurisdiction - Only defendants charged with criminal or
penal offenses in New Jersey criminal or municipal courts.
- Minor Violations - Not eligible if the likely result
would be a suspended sentence without probation or a fine.
- 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.
*The Administrative Office of the
Courts, Criminal Practice Division, maintains the State Pretrial Intervention
Registry for determining applications, enrollments and the degree of program
completion and dismissal of charges, termination of program or rejection of
application.
How Does One Apply for Pretrial
Intervention?
Applications to PTI should be made as early as
possible upon the commencement of proceedings to the Criminal Division Office
in the county where the criminal charge is filed, but not later than seven days
after the defendant's original plea to the indictment.
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. This report is forwarded to the prosecutor and
defense counsel. A defendant is accepted into PTI on the recommendation of the
Criminal Division, with the consent of the prosecutor and the defendant.
If accepted, the conditions for participation
are set forth in the PTI Order and must be followed for the defendant to
successfully complete.
If for any reason the defendant is not
accepted, the applicant may appeal the decision to the Presiding Judge of the
Criminal Division.
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