STATE OF NEW JERSEY VS. CHRISTOPHER HARRIS STATE OF NEW JERSEY VS. DONALD J. FALCONE STATE OF NEW JERSEY VS. JOELL A. FOGG STATE OF NEW JERSEY VS. GARY R. NELSON STATE OF NEW JERSEY VS. MANUEL SANTIAGO STATE OF NEW JERSEY VS. THOMAS EDGER STATE OF NEW JERSEY VS. DAVINE J. RICE STATE OF NEW JERSEY VS. FRANK R. MATLACK (19-12-0713, 18-08-0615, 19-08-0419, 19-10-00570, 20-01-0041, 17-10-0731, 19-10-0561, 19-12-0734, and 18-06-0455, CAPE MAY COUNTY AND STATEWIDE) (CONSOLIDATED) (A-2256-19/A-2876-19 /A-3509-19/A-4629-19/A-0075-20/A-0234-20/A-0237-20 /A-0547-20/A-3509-19/A-0075-20)
In this appeal, which consolidates eight cases, the court addressed the criteria for admission to Drug Court, which is a nationally acclaimed program that combats the hopelessness of addiction with the hopefulness of treatment. Defendants are admitted via two separate and distinct "tracks." A Track One defendant can only be admitted if he or she meets all of the eligibility criteria for special probation set forth in N.J.S.A. 2C:35-14(a). For Track Two candidates, the criteria enumerated in N.J.S.A. 2C:35-14(a) are relevant considerations but are not prerequisites to admission. The court ruled that a defendant is a Track One candidate if, and only if, a present offense for which he or she is to be sentenced is subject to the presumption of imprisonment set forth in N.J.S.A. 2C:44-1(d) or to a mandatory term of parole ineligibility. The court rejected the State's contention that a defendant is a Track One candidate because he or she has previously been convicted of a crime subject to the presumption of imprisonment or has previously been sentenced to State prison. The court also held that once it is determined that a defendant is legally eligible for Drug Court, the decision to grant or deny admission rests in the discretion of the sentencing court and that decision is entitled to substantial deference in view of the specialized expertise, training, and experience of Drug Court judges
