STATE OF NEW JERSEY V. GREEN (A-1892-07T4) 06-07-10
In an earlier opinion we held that under Rule 3:28, every
defendant must be permitted to apply to the Pre-trial
Intervention Program (PTI), even if the defendant's chances of
acceptance are slim. We now clarify that our opinion did not
require PTI directors to do a "full work-up" on such
applications. Further, where a defendant is conditionally
ineligible for PTI, due to the type or degree of crime charged
or for other reasons, the PTI program may withhold evaluation of
the application until the prosecutor decides whether to join in
the application or to reject it. However, at some point, the
PTI director must evaluate the merits of the PTI application and
make a recommendation. We also note that the PTI forms and
procedures currently in use may be confusing to defendants and
suggest that the Criminal Practice Committee consider developing
uniform PTI application forms and procedures.
