Pretrial Intervention Program (PTI)

Edited by Kenneth Vercammen from Judiciary Information Sheet

Kenneth Vercammen & Associates Law Office represents people charged with criminal
offenses !e pro"ide representation throughout #ew Jersey $riminal charges can cost you
If con"icted% you can face prison% fines o"er &'(%(((% )ail% probation o"er '* months% and other
penalties +on,t gi"e up- Our Law Office can pro"ide e.perienced attorney representation for
criminal "iolations Our website wwwn)lawscom pro"ides information on criminal cases
!hat is the /retrial Inter"ention /rogram 0/1I23
1he /retrial Inter"ention /rogram 0/1I2 pro"ides defendants% generally first4time
offenders% with opportunities for alternati"es to the traditional criminal )ustice process of
ordinary prosecution /1I see5s to render early rehabilitati"e ser"ices% when such ser"ices can
reasonably be e.pected to deter future criminal beha"ior 1he /1I program is based on a
rehabilitati"e model that recogni6es that there may be an apparent causal connection between
the offense charged and the rehabilitati"e needs of a defendant 7urther% the rehabilitati"e
model emphasi6es that social% cultural% and economic conditions often result in a defendant8s
decision to commit crime Simply stated% /1I stri"es to sol"e personal problems which tend to
result from the conditions that appear to cause crime% and ultimately% to deter future criminal
beha"ior by a defendant
Standardi6ed /retrial Inter"ention /rogram 0/1I2 /rocedures
+irecti"e 9':4(; promulgates for statewide use a standard set of forms for processing /retrial
Inter"ention /rogram 0/1I2 cases through the $riminal and /robation +i"isions of the Superior
$ourt Since +ecember '% <((;% the following language is used% replacing any corresponding
forms now in use in the court "icinages=
!hat Are the >enefits of the /retrial Inter"ention /rogram 0/1I23
If /1I is successfully completed% there is no record of con"iction and the defendant
a"oids the stigma of a criminal record Although no record of a con"iction e.ists% a defendant
may want to file for an e.pungement to remo"e any record of the original arrest
Early inter"ention allows rehabilitati"e ser"ices to be pro"ided soon after the alleged
offense% in an attempt to correct the beha"ior that led to the offense Some of the costs
associated with the formal court process are eliminated through acceptance into /1I /1I
pro"ides early resolution of a case% which ser"es the interests of the "ictim% the public and the
defendant /1I reduces the burden on the court and allows resources to be de"oted to more
serious criminals
!hat are the $onditions for /articipation in /retrial Inter"ention3
Super"ision under the /1I program may run from '< months to three years and is
pro"ided by the /robation +i"ision $ertain standard conditions are imposed on those
accepted into /1I% such as% random urine monitoring% and assessments of fees% penalties and
fines Additional conditions may also be imposed to re?uire the performance of community
ser"ice% payment of restitution% and submission to psychological and@or drug and alcohol
e"aluations with compliance to recommended treatment programs If a defendant successfully
completes all the conditions of /1I% then the original charges are dismissed on the
recommendation of the $riminal +i"ision Aanager with consent by the prosecutor% and there is
no record of con"iction If a defendant does not successfully complete the conditions of /1I%
then the defendant is terminated from the /1I program and the case is returned to the ordinary
course of prosecution
!ho is Eligible for /retrial Inter"ention 0/1I23
Any defendant who is charged with an indictable offense may apply Admission
guidelines stated in the $ourt Bules set the following criteria=
Age 4 /1I is designed for adults Jurisdiction 4 Only defendants charged
with indictable offenses in #ew Jersey may apply Ainor Violations 4 $harges that would li5ely
result in a suspended sentence without probation or a fine are generally not eligible 1hose
charged with ordinance% health code and other similar "iolations are not eligible /rior Becord
of $on"ictions 4 /1I generally e.cludes defendants who ha"e been pre"iously con"icted
/arolees and /robationers 4 Cenerally e.cluded without prosecutor8s consent and considered
only after consultation with parole and probation departments +efendants /re"iously +i"erted
4 E.cludes defendants who ha"e pre"iously been granted a di"ersionary program or
conditional discharge
Dow +oes One Apply for /retrial Inter"ention3
Applications to /1I must be made no later than <* days after indictment 1here is a &E;
non4refundable application fee In certain instances% this fee may be wai"ed 1he application
process includes an inter"iew with the defendant by a staff member of the $riminal +i"ision of
the Superior $ourt A written report is prepared detailing the decision for admittance or
re)ection into the /1I program !hen a defendant is accepted into /1I on the recommendation
of the $riminal +i"ision% with the consent of the prosecutor and the defendant% the )udge may
postpone all further proceedings against the defendant for a period not to e.ceed FG months
1he applicant may appeal a re)ection to the /residing Judge of the $riminal +i"ision within '(
days of the re)ection
' Hou shall obey all federal% state% and municipal laws and ordinances Hou shall notify your
probation officer within <: hours if you are arrested or issued a complaint summons in any
)urisdiction
< Hou shall report to your probation officer as directed
F Hou shall answer all in?uiries by your probation officer truthfully
: Hou shall permit your probation officer to "isit your residence or any other suitable place
; Hou shall promptly report any change of address or residence to your probation officer
G Hou must obtain permission if you wish to mo"e outside the state
E Hou shall see5 and maintain gainful employment% and promptly notify your probation officer
when you
change your place of employment or find yourself out of wor5
* Hou shall cooperate in any test% treatment and@or counseling deemed necessary by your
probation officer during the /1I period of postponement
If the court finds that you ha"e not complied with the conditions of your /1I Super"ision%
the $ourt may modify the conditions of /1I Super"ision% or terminate you from the program If
you are terminated from /1I Super"ision% your charges will be reacti"ated and criminal court
proceedings will resume
7ailure to comply with the payment re?uirements may result in further $ourt action including
termination% attachment of your wages% filing of a ci"il )udgment% or e.tension of your /1I
Super"ision for purposes of collection