PRETRIAL INTERVENTION

Pretrial Intervention (PTI), is a discretionary, diversionary program available to offenders with minor criminal histories and/or first-time offenders who are charged with third or fourth degree offenses. More serious offenses require prosecutorial permission to apply. PTI is designed to provide suitable defendants with an opportunity to avoid ordinary prosecution by receiving early rehabilitative services and to relieve the overburdened criminal calendar of less serious offenses.

PTI is generally appropriate for non-violent offenders for whom participation in a program of minimally supervised probation should result in rehabilitation and deter involvement
in future criminal conduct.

PTI enrollment can last between one and three years. A guilty plea is not required for admission. The Probation Department administers the program but PTI applications are screened and approved by assistant prosecutors. Conditions of the program can include drug/alcohol evaluations, counseling, urine monitoring, restitution, community service or other requirements likely to assure rehabilitation and recompense the victim.

If an individual successfully completes PTI, the original criminal charges are dismissed and no conviction appears on the individual's criminal history. If an individual does not complete the program successfully or is charged with a new offense, the original charges are generally restored to the trial calendar. PTI is only available once during an individual's
lifetime. If an assistant prosecutor rejects an applicant for PTI, the defendant may appeal this decision to a superior court judge who will determine if the prosecutor abused his/her discretion in rejecting the application.

The Statute that governs PTI policies, admission criteria and termination procedures is N.J.S.A. 2C:43-12 et. seq.