Updated Pretrial Intervention (PTI) Application October 19, 2018
This Supplement to Directive# 14-05 ("Standardized Pretrial Intervention Program (PTI) Forms") promulgates an updated Pretrial Intervention (PTI) Application form approved by the Judicial Council for immediate use in accordance with the new PTI rules (R. 3:28-1 through 3:28-10) that the Supreme Court adopted effective July 1, 2018 and revised effective September 1, 2018.
Directive# 14-05 (issued October 4, 2005) and the January 2, 2007 Supplement promulgated a number of standard forms for processing PTI cases. The appended PTI Application form replaces Attachment 1 to the directive ("Pretrial Intervention Program Summary and PTI Application"). All of the other PTI forms1 contained in the 2005 Directive and the 2007 Supplement remain in effect (though updated versions are being developed).
The PTI Application was updated to set forth the eligibility criteria contained in revised R.3:28-1 ("Eligibility for Pretrial Intervention"). The form also reminds defendants when a statement of compelling reasons must be submitted as part of the application. For example, a statement of compelling reasons must be submitted for defendants who have: (1) a current charge that has a presumption of incarceration or a mandatory minimum period of parole ineligibility (see section II "Current Charges"), or (2) a prior indictable/felony conviction (see section Ill "Prior Criminal Record") pursuant to R. 3:28-3(b)(1 ). Upon receipt, Criminal Division staff will forward the application and statement to the prosecutor's office.
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Specifically, the PTI forms that remain in effect and should continue to be used are as follows: (1) PTI Order of Postponement, (2) Standard Conditions of PTI Supervision, (3) Special Conditions of PTI Supervision, (4) PTI Order of Termination, (5) PTI Order of Dismissal and Order to Discharge Bail, and (6) PTI Order of Dismissal, Order to Discharge Bail, and Order of Entry of Civil Judgment by Confession.
Directive# 14-05 (issued October 4, 2005) and the January 2, 2007 Supplement promulgated a number of standard forms for processing PTI cases. The appended PTI Application form replaces Attachment 1 to the directive ("Pretrial Intervention Program Summary and PTI Application"). All of the other PTI forms1 contained in the 2005 Directive and the 2007 Supplement remain in effect (though updated versions are being developed).
The PTI Application was updated to set forth the eligibility criteria contained in revised R.3:28-1 ("Eligibility for Pretrial Intervention"). The form also reminds defendants when a statement of compelling reasons must be submitted as part of the application. For example, a statement of compelling reasons must be submitted for defendants who have: (1) a current charge that has a presumption of incarceration or a mandatory minimum period of parole ineligibility (see section II "Current Charges"), or (2) a prior indictable/felony conviction (see section Ill "Prior Criminal Record") pursuant to R. 3:28-3(b)(1 ). Upon receipt, Criminal Division staff will forward the application and statement to the prosecutor's office.
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Specifically, the PTI forms that remain in effect and should continue to be used are as follows: (1) PTI Order of Postponement, (2) Standard Conditions of PTI Supervision, (3) Special Conditions of PTI Supervision, (4) PTI Order of Termination, (5) PTI Order of Dismissal and Order to Discharge Bail, and (6) PTI Order of Dismissal, Order to Discharge Bail, and Order of Entry of Civil Judgment by Confession.
Richard J. Hughes Justice Complex• PO Box 037 • Trenton, New Jersey 08625-0037
Supplement to Directive# 14-05 - Updated PTI Application October 19, 2018
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The prosecutor's office must then provide a written response indicating their decision eithertoconsentortorefusetoconsenttofurtherconsidertheapplication. PursuanttoR.3:28- 3(b)(2), that written response must be provided to the defendant, defendant's attorney, and the CriminalDivisionwithin14daysafterreceiptoftheapplication. Itshouldbenotedthat applications that contain a "yes" response to the question that asks whether the prosecutor has provided such consent does not remove the need for the prosecutor to provide a written response. Criminal Division staff will not consider the merits of the application until receipt of the prosecutor's written consent to further'consider the application. See R. 3:28-3(b)(2).
A statement of compelling reasons is also required to be submitted for charges that carry a presumption against admission to PTI pursuant to N.J.S.A. 2C:43-12(b)(2). See R. 3:28- 1(e)(3). Specifically, there is a presumption against admission (1) for a defendant who is a public officer or employee and the charge(s) involved their office or employment; or (2) where the charge(s) involves domestic violence and (a) was committed when a temporary or final restraining order was in effect, or (b) the charge(s) involves violence or the threat of violence.
Defense attorneys should assist their clients in filling out the application to ensure that defendants understand the eligibility criteria under the new PTI rules. Additionally, the form requires the contact information and signature of defense counsel (Section V "Representation").
The PTI application form is available for downloading on the Judiciary's website at https://www.njcourts.gov/forms/12305_pti_app.pdf. Copies can also be obtained in_ the Criminal Division management office at the county courthouses.
Questions or comments regarding the updated PTI application form or about the other forms promulgated by Directive# 14-05 may be directed to Sue Callaghan, Assistant Director for Criminal Practice, by email at sue.callaghan@njcourts.gov or by phone at 609- 815-2900 extension 55300.
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The prosecutor's office must then provide a written response indicating their decision eithertoconsentortorefusetoconsenttofurtherconsidertheapplication. PursuanttoR.3:28- 3(b)(2), that written response must be provided to the defendant, defendant's attorney, and the CriminalDivisionwithin14daysafterreceiptoftheapplication. Itshouldbenotedthat applications that contain a "yes" response to the question that asks whether the prosecutor has provided such consent does not remove the need for the prosecutor to provide a written response. Criminal Division staff will not consider the merits of the application until receipt of the prosecutor's written consent to further'consider the application. See R. 3:28-3(b)(2).
A statement of compelling reasons is also required to be submitted for charges that carry a presumption against admission to PTI pursuant to N.J.S.A. 2C:43-12(b)(2). See R. 3:28- 1(e)(3). Specifically, there is a presumption against admission (1) for a defendant who is a public officer or employee and the charge(s) involved their office or employment; or (2) where the charge(s) involves domestic violence and (a) was committed when a temporary or final restraining order was in effect, or (b) the charge(s) involves violence or the threat of violence.
Defense attorneys should assist their clients in filling out the application to ensure that defendants understand the eligibility criteria under the new PTI rules. Additionally, the form requires the contact information and signature of defense counsel (Section V "Representation").
The PTI application form is available for downloading on the Judiciary's website at https://www.njcourts.gov/forms/12305_pti_app.pdf. Copies can also be obtained in_ the Criminal Division management office at the county courthouses.
Questions or comments regarding the updated PTI application form or about the other forms promulgated by Directive# 14-05 may be directed to Sue Callaghan, Assistant Director for Criminal Practice, by email at sue.callaghan@njcourts.gov or by phone at 609- 815-2900 extension 55300.
Attachment (PTI Application)
cc:
Chief Justice Stuart Rabner
Attorney General Gurbir S. Grewal Public Defender Joseph E. Krakora Family Presiding Judges
Criminal Division Judges
Municipal Court Presiding Judges Veronica Allende, Director, DCJ Steven D. Banville, Chief of Staff
AOC Directors and Assistant Directors
Attorney General Gurbir S. Grewal Public Defender Joseph E. Krakora Family Presiding Judges
Criminal Division Judges
Municipal Court Presiding Judges Veronica Allende, Director, DCJ Steven D. Banville, Chief of Staff
AOC Directors and Assistant Directors
Clerks of Court
Trial Court Administrators
Melaney S. Payne, Special Assistant
Ann Marie Fleury, Special Assistant Jessica Lewis Kelly, Special Assistant Criminal Division Managers and Assistants Family Division Managers
Municipal Division Managers Maria Pogue, Assistant Chief
Trial Court Administrators
Melaney S. Payne, Special Assistant
Ann Marie Fleury, Special Assistant Jessica Lewis Kelly, Special Assistant Criminal Division Managers and Assistants Family Division Managers
Municipal Division Managers Maria Pogue, Assistant Chief
Richard J. Hughes Justice Complex• PO Box 037 • Trenton, New Jersey 08625-0037
•ft
NameLast Name
Other Names Used
ResidenceStreet
Telephone
Place of Birth
Interpreter Needed?
If yes, indicate language:
Emergency Contact Name
Present Status
In custody?
If yes, where:
Superior Courts of New Jersey Criminal Division
Pretrial Intervention Program Application
IFirstName
IApt# ITownCell Phone
Pretrial Intervention Program Application
IFirstName
IApt# ITownCell Phone
Middle Initial
TelephoneII
Relationship
D Female
I. Prior Diversion IneligibilityHave you ever been enrolled in a program of pretrial intervention, been placed into supervisory treatment
under the conditional discharge statute (N.J.S.A. 24:21-27 or 2C:36A-1}, or the conditional dismissal program (N.J.S.A. 2C:43-13.1 et seq.}, or been granted a dismissal due to successful participation in the Veterans Diversion Program {N.J.S.A. 2C:43-23 et seq.}, or enrolled in a diversionary program under the laws of any other state or the United States for a felony or indictable offense?
under the conditional discharge statute (N.J.S.A. 24:21-27 or 2C:36A-1}, or the conditional dismissal program (N.J.S.A. 2C:43-13.1 et seq.}, or been granted a dismissal due to successful participation in the Veterans Diversion Program {N.J.S.A. 2C:43-23 et seq.}, or enrolled in a diversionary program under the laws of any other state or the United States for a felony or indictable offense?
If yes, specify what program:Pretrial Intervention Conditional Discharge Conditional Dismissal Veterans Diversion Program
Other Please provide the name o f the program
The State or Federal court where it was ordered
The indictable offense or felony you were charged with
If the answer to this question is Yes, you are ineligible to apply to this program.II. Current Charges
Complaint/Accusation/Indictment No.
Name of co-defendant{s}, if ariy
Charge{s}
Are you charged with a crime{s} that has a presumption of incarceration or a mandatory minimum period of parole ineligibility?
The State or Federal court where it was ordered
The indictable offense or felony you were charged with
If the answer to this question is Yes, you are ineligible to apply to this program.II. Current Charges
Complaint/Accusation/Indictment No.
Name of co-defendant{s}, if ariy
Charge{s}
Are you charged with a crime{s} that has a presumption of incarceration or a mandatory minimum period of parole ineligibility?
If yes, you must include a separate page with this application that includes compelling reasons that justify consideration of this application.
Did you attach a separate page to this application?
Did the prosecutor consent to consider your application?
Did the prosecutor consent to consider your application?
D Unknown
Promulgated by the Supplement to Directive# 14-05 (10/19/2018), CN 12305
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Date of Birth
IZipIAge Sex
IPromis/Gavel No.
State
I
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