Alternative Sentencing & Diversionary Programs

New Jersey has several programs that can either divert an individual out of the formal criminal system or provide an alternative to jail for those suffering from drug or alcohol addiction. Our law firm has been working with these programs for the past 25 years and assists many of its clients to either avoid a criminal conviction completely or avoid what would otherwise be a mandatory jail sentence. We will work with you, your family members, and the courts to find the appropriate treatment programs and seek rehabilitation instead of punishment.

Conditional Discharge

The Conditional Discharge program is found in N.J.S.A. 2C:36A-1. It applies only to an individual who has not been previously convicted in any state of a drug offense and who has not previously been granted a Conditional Discharge or Pre-Trial Intervention. It is available only with respect to disorderly persons offenses (normally possession of marijuana or drug paraphernalia in the Municipal Courts).

Application for a conditional discharge can be made either after a guilty plea or finding of guilt or before a guilty plea is entered. If it is before a guilty plea is entered there is no mandatory suspension of driver’s license. If it is after a finding of guilt then the court must suspend the license for a period of 6 months to 2 years. Once accepted into the program the court may place the individual on a period of supervisory treatment for up to 3 years. The typical term is generally 1 year. The court may require residential drug treatment for up to 6 months or out-patient treatment and drug testing for the period of the supervisory treatment. While no fines are imposed the monetary penalties imposed by the court generally run between $800.00 and $900.00.

Successful completion of the conditional discharge program requires that the individual does not fail any drug tests or get arrested during the period of supervision. Upon completion the criminal case is dismissed and the person does not have any record of a criminal conviction. Six months following the dismissal application can be made to the Superior Court to expunge all records of the arrest and conditional discharge. If a person is terminated unsuccessfully from the conditional discharge program the criminal charges must then be faced.

Pre-Trial Intervention

The Pre-Trial Intervention Program is found in N.J.S.A. 2C:43-12. It is available only in the Superior Court for persons charged with indictable criminal offenses. It is ordinarily limited to individuals who have not been previously convicted of crimes. It is not available to persons who have previously been diverted into any supervisory treatment program such as Pre-Trial Intervention or Conditional Discharge or for 1st or 2nd degree crimes. Application is made through the county probation department. If the probation department approves the application it is then reviewed by the county prosecutor who can either approve or decline the application. An appeal of a rejection can be made to a Superior Court judge specially assigned to hear these appeals.

The factors which are considered for acceptance into the PTI program are the nature of the offense, the motivation and age of the defendant, the wishes of the victim, the likelihood that the defendant can be helped by proper treatment, the applicant’s prior criminal record, and whether the crime was violent in nature. Drug offenders who demonstrate a willingness to enter treatment are usually considered good candidates for PTI. Once accepted the prosecutor and the defendant enter into a supervisory treatment agreement. An order is entered by the Court placing the criminal prosecution into an inactive status for up to 3 years. The normal time period is one year. Upon successful completion of the program and all prescribed treatment the criminal charges are dismissed. Six months after the order of dismissal is entered a petition of expungement can be filed to erase the criminal history of arrest.

New Jersey Drug Court

The Drug Court Program began as a pilot program in 1996 in Essex and Camden counties. It proved extremely successful and was expanded in 2002 into Bergen, Cumberland/Gloucester/Salem, Monmouth, Morris/Sussex and Ocean counties. It is not yet available in other counties. The premise of the Drug Court is that many criminal offenses are committed by people addicted to drugs and/or alcohol. These offenders are arrested for drug charges or crimes committed to get money for drugs and initially get a diversionary program, usually violate that, get a probationary term, either violate the probation or get re-arrested on new charges and end up serving jail sentences. They get out of jail and still being drug addicted simply go out and commit new crimes. They become caught in a cycle of being arrested and repeatedly sentenced to jail which does nothing to deter their conduct. The purpose of the Drug Courts is to break the cycle and free the individual from their disease. Click to see the official description of the Drug Court Program.

Drug Court is usually a last resort – used when all other programs have failed and the person is facing a jail sentence. Application is made through the defendant’s attorney for the program. Upon acceptance to the drug court participants begin an individually structured treatment program lasting generally from three to five years. They are required to attend treatment sessions, undergo random urinalysis, meet regularly with their probation officers, and appear frequently before the drug court judge. Persons who have previous convictions or pending charges for a violent are not eligible. If they complete the program successfully they are released from probation and are not sentenced to jail.

The Drug Court program includes:

  • Regular court appearances
  • Frequent and random drug testing
  • Medical detoxification, if necessary
  • Residential programs, if necessary
  • Intensive outpatient programs
  • Individual and group counseling
  • 12-step, self-help groups
  • Relapse prevention
  • Sanctions and incentives
  • Community service requirements
  • Referrals to literacy volunteers, educational and job training programs