New Jersey’s Pretrial Intervention Program: A Second Chance for First-Time Offenders

New Jersey’s pretrial intervention program, also known as PTI, provides defendants charged with an indictable offense for the first time with an alternative to traditional prosecution. Instead of going through the traditional court process, eligible defendants enter a rehabilitative program aimed at early intervention and deterrence of future criminal behavior. But PTI is not for everyone – certain defendants are barred from the program, while others face a presumption against admission. This article provides an overview of New Jersey’s pretrial intervention program, who is eligible, how it works, and the benefits and drawbacks of participation.

Eligibility for Pretrial Intervention

PTI is primarily intended for first-time offenders who are charged with non-violent criminal offenses. However, any defendant charged with an indictable offense in New Jersey can apply, with certain exceptions.

There is a presumption against PTI admission for public officials or employees whose offense relates to their office or employment.

Defendants with prior criminal convictions are usually excluded, although prosecutors have discretion to allow admission if the prior offense is minor. Those who previously completed PTI or other diversion programs like conditional discharge are barred from admission.

Certain domestic violence charges now also carry a presumption against PTI. This includes where the defendant:

• Is charged with a domestic violence offense under N.J.S.A. 2C:25-19(a)
• Was armed with or threatened to use a deadly weapon
• Threatened to inflict serious bodily injury

However, prosecutors can overcome the presumption and permit PTI admission if it would serve the interests of justice considering all relevant circumstances.

The PTI Application Process

Defendants apply to PTI through the county prosecutor’s office soon after being charged. The prosecutor has discretion whether to recommend admission into the PTI program. Several factors are considered, including:

• The nature of the offense
• Defendant’s prior record
• Motivation and age of defendant
• Desire to avoid future prosecution
• Likelihood that PTI will serve as a sufficient sanction
• Input from the victim
• Effect on co-defendants’ prosecutions
• Harm to society if prosecution is abandoned

Certain domestic violence defendants must enter a guilty plea before PTI admission. This includes those charged with 1st or 2nd degree crimes, 3rd or 4th degree domestic violence charges, and defendants with certain prior convictions. The guilty plea is held inactive pending completion of the PTI program.

If the prosecutor recommends PTI, the court makes the final determination on admission. Defendants sign a memorandum of understanding outlining the terms of PTI supervision.

Benefits of Completing PTI

The main incentive of PTI is avoidance of prosecution. Charges are dismissed against defendants who successfully complete the program. In addition:

• No criminal conviction results, avoiding stigma and collateral consequences
• Defendants avoid minimum mandatory sentences that may apply if convicted
• Rehabilitative services aim to prevent future criminal behavior
• Defendants avoid potential civil lawsuits related to the charges
• PTI limits impact on employment, education, and immigration status

However, PTI is not an easy way out. The program requires significant effort to remain arrest-free, comply with all conditions, and avoid termination.

Drawbacks and Risks of Pretrial Intervention

PTI is not appropriate for every defendant. Drawbacks and risks include:

• Prosecutors have broad discretion over admission
• Defendants must admit guilt upfront with a guilty plea
• PTI may have stricter requirements than probation
• There are costs associated with drug testing, treatment, and supervision fees
• Noncompliance results in prosecution on the original charges
• PTI requires time, effort, and lifestyle changes that may be difficult
• Victims may object to PTI admission for defendants
• Co-defendants may still face prosecution if one enters PTI

Defense attorneys can advise clients on whether applying for PTI is advantageous compared to fighting the charges or negotiating a plea deal. The risks and benefits depend on the case specifics.