RSI Bank v. The Providence Mutual Fire Insurance Company (079116) (Union County and Statewide) - Published

A PTI court may include a restitution condition in a PTI agreement only if it can quantify the financial obligation and assess the participant’s current and prospective ability to meet that obligation. An open-ended agreement to indemnify the victim of the participant’s alleged offense for unspecified future losses is not an appropriate condition of PTI. Moreover, a restitution condition of PTI is inadmissible as evidence in a subsequent civil proceeding against the PTI participant. The indemnification provision of the PTI agreement at issue should have played no role in this civil litigation.