R. 3:28-5 New Jersey Rules of Court, R. 3:28-5: Admission into Pretrial Intervention, rendered as code with every cross-reference linked

rule 3:28-5 "Admission into Pretrial Intervention" {
(a) Judicial Determination. A Superior Court Judge shall act on all matters pertaining to pretrial intervention programs in the vicinage in accordance with N.J.S.A. 2C:43-12 and -13.
(b) Enrollment in Pretrial Intervention.
(1) In General. Except as set forth in paragraph (b)(2), enrollment in pretrial intervention programs shall not be conditioned upon either informal admission or entry of a plea of guilty. Enrollment of defendants who maintain their innocence is to be permitted unless the defendant's attitude would render pretrial intervention ineffective.
(2) Guilty Plea Required. To be admitted into Pretrial Intervention, a guilty plea must be entered for a defendant who is charged with: (i) a first or second degree crime; (ii) any crime if the defendant had previously been convicted of a first or second degree crime; (iii) a third or fourth degree crime involving domestic violence, as defined in N.J.S.A.2C:25-19; or (iv) any disorderly persons or petty disorderly persons offense involving domestic violence, as defined in N.J.S.A. 2C:25-19 if the defendant committed the offense while subject to a temporary or permanent restraining order issued pursuant to the provisions of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq.
(c) Postponement. A Superior Court judge may, on the recommendation of the criminal division manager, and with the consent of the prosecutor and the defendant, postpone all further proceedings against said defendant on such charges for a period not to exceed thirty-six months.
(d) Restitution; Community Service. A restitution or community service requirement, or both, may be included as part of an individual’s service plan when such a requirement promises to aid the rehabilitation of the offender. Any such requirement and its terms shall be judicially determined at the time of enrollment following recommendation by the criminal division manager and consent by the prosecutor. Evidence of the restitution condition is not admissible against defendant in any subsequent civil or criminal proceeding. Admission to the program shall not be denied solely on the basis of anticipated inability to meet a restitution requirement.
Note: Adopted September 15, 2017 to be effective July 1, 2018.
}
referenced_by: 3:28-7
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02