Rules of Court · Part 3 · New Jersey
R. 3:28-4 New Jersey Rules of Court, R. 3:28-4: Factors to Consider in Assessing Applications, rendered as code with every cross-reference linked
Factors to Consider in Assessing Applications
(a) Statutory Criteria. In evaluating a defendant's application for participation in a pretrial intervention program, consideration shall be given to the criteria set forth in N.J.S.A. 2C:43-12(e).
(b) Additional Factors. In addition thereto, the following factors shall also be considered together with other relevant circumstances:
(1) The nature of the offense should be considered in reviewing the application. If the crime was (i) part of organized criminal activity; or (ii) part of a continuing criminal business or enterprise; or (iii) deliberately committed with violence or threat of violence against another person; or (iv) a breach of the public trust where admission to a PTI program would deprecate the seriousness of defendant's crime, the defendant's application should generally be rejected.
(2) A defendant’s juvenile record, if applicable.
(c) Victim’s Position. The prosecutor and the court, in formulating their recommendations or decisions regarding an applicant’s participation in a supervisory treatment program, shall give due consideration to the victim’s position if any, on whether the defendant should be admitted.
Note: Adopted September 15, 2017 to be effective July 1, 2018.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:28-4 "Factors to Consider in Assessing Applications" {
(a) Statutory Criteria. In evaluating a defendant's application for participation in a pretrial intervention program, consideration shall be given to the criteria set forth in N.J.S.A. 2C:43-12(e).
(b) Additional Factors. In addition thereto, the following factors shall also be considered together with other relevant circumstances:
(1) The nature of the offense should be considered in reviewing the application. If the crime was (i) part of organized criminal activity; or (ii) part of a continuing criminal business or enterprise; or (iii) deliberately committed with violence or threat of violence against another person; or (iv) a breach of the public trust where admission to a PTI program would deprecate the seriousness of defendant's crime, the defendant's application should generally be rejected.
(2) A defendant’s juvenile record, if applicable.
(c) Victim’s Position. The prosecutor and the court, in formulating their recommendations or decisions regarding an applicant’s participation in a supervisory treatment program, shall give due consideration to the victim’s position if any, on whether the defendant should be admitted.
Note: Adopted September 15, 2017 to be effective July 1, 2018.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02← R. 3:28-3 · R. 3:28-5 → · chapter 3:28 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.