STATE OF NEW JERSEY VS. A.S.-M.
A-4682-14T2
We held that a defendant terminated from the pre-trial
intervention (PTI) program may be reinstated upon
reconsideration. Such a reconsideration, which is not expressly
precluded by N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule
3:28, is especially permissible when circumstances show the
initial order terminating a defendant from PTI failed to adhere
to the requirements of N.J.S.A. 2C:43-13(e), including the
obligation to undertake a "conscientious judgment" to (1)
adequately consider whether the participant willfully violated
the PTI conditions; and (2) determine whether the defendant
remains a viable candidate for PTI under the original or
modified PTI terms. Sunday, February 28, 2016
STATE OF NEW JERSEY VS. A.S.-M. A-4682-14T2
