STATE OF NEW JERSEY VS. DIANE O'BRIEN
A-4190-09T2 02-10-11
The question presented is whether a defendant who
previously received supervisory treatment under the conditional
discharge statute, N.J.S.A. 2C:36A-1, and who later applied for
and obtained an order vacating the conditional discharge, may
thereafter be admitted into PTI. We answer the question in the
negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28,
Guideline 3(g) prohibit any person previously placed into
supervisory treatment under the conditional discharge statute
from subsequent admission into PTI, whether the conditional
discharge is later vacated or not.
