Supplement to Directive #09-19 - Criminal Justice Reform - Promulgation of Revised Pretrial Intervention (PTI) Order of Termination Form (CN 10302)

This Supplement to Directive #09- 19, "Criminal - Updated Pretrial Intervention (PTI) Forms" (issued June 4, 2019), promulgates the attached revised version of the Pretrial Intervention Order of Termination form (CN I 0302), effective immediately. It replaces in its entirety the January 27, 2023 Supplement to Directive #09-19 and the version of the form order that Supplement had issued. All other PTJ forms contained in and promulgated by Directive #09-19 remain in effect.

The reason for this updating of the Pretrial Intervention Order of Termination is to address the need for consistency in ordering defendants to resume monitoring by Pretrial Services after they are terminated from PTI.

This Supplement also re-issues procedural guidance clarifying that courts may terminate PTI for defendants who violated their PTJ conditions and who were given proper notice to appear at a termination hearing but failed to appear.

While a defendant enrolled in PTI is entitled to a summary PTI termination hearing, the defendant's presence is not required in order to proceed with the termination. See N.J.S.A. 2C:43-13(e); State v. A.S.-M., 444 N.J. Super. 334 (App. Div. 2016). A review of statewide practices revealed a lack of consistency in approach to the PTI termination process when a defendant failed to appear for such a summary proceeding. In some cases, the court would issue a bench warrant but not proceed with the summary hearing, which resulted in the defendant tolling their PTI period while being a fugitive from the program.

A defendant who is terminated from the PTI program may petition for reinstatement. State v. A.S.-M., 444 N.J. Super. 334 (App. Div. 2016). Time not in the program after a termination and prior to reinstatement is not counted against the defendant's statutory 3-year maximum term. However, it is unclear whether the period a defendant is an active fugitive from the program may be used to toll the program length beyond three years. See State v. Fenton, 221 N.J. Super. 16 (Law Div. 1987).

To address these issues in a consistent manner, vicinages should use the following procedure when a defendant fails to appear at a PTI termination hearing:

1. Before termination from PTI and before a recommendation to terminate PTI is submitted to the court, the vicinage Probation Division Manager or the prosecutor shall provide the defendant and their attorney with a copy of the written recommendation, and the defendant shall be advised of the opportunity to be heard, as required by R. 3:28-7(b)(3).
2. If the defendant fails to appear at the summary hearing, the court shall conduct the hearing in the defendant's absence, on the record. If the court is satisfied that the defendant should be terminated from PTI, the court shall articulate reasons to substantiate the defendant's termination from the program. The court shall also record the reasons on the form of order authorized by the Administrative Director.
3. The court may in its discretion issue a bench warrant for the defendant's arrest. When the defendant is apprehended, the prosecution of the defendant shall proceed in the ordinary course. R. 3:28-7(b)(3).

The specific modification made here to Pretrial Intervention Order of Termination is to add a space to record the court's reasons for terminating the defendant at a summary PTI termination hearing

This Supplement does not affect the defendant's ability to petition for reinstatement or to appeal a PTI termination

Questions or comments regarding Directive #09-19 or this Supplement may be directed to the Criminal Practice Division by phone at (609) 815-2900, ext. 55300, or by email at AOCCrimPrac.mbx@njcourts.gov