2C:43-13.1
Conditional Dismissal Eligibility and application.
1. Eligibility and
Application. a. Whenever any defendant who has not been previously convicted of
any petty disorderly persons offense, disorderly persons offense or crime under
any law of the United States, this State or any other state, and who has not
previously participated in conditional discharge under N.J.S.2C:36A-1,
supervisory treatment under N.J.S.2C:43-12, or conditional dismissal under
P.L.2013, c.158 (C.2C:43-13.1 et al.), is charged with a petty disorderly
offense or disorderly persons offense except as provided in subsection b. of
this section, the defendant may, after a plea of guilty or a finding of guilt,
but prior to the entry of a judgment of conviction and with appropriate notice
to the prosecutor, apply to the court for entry into the conditional dismissal
program pursuant to the requirements of P.L.2013, c.158 (C.2C:43-13.1 et al.).
As a condition of such application, the defendant shall submit to the
fingerprint identification procedures as provided in R.S.53:1-15 before making
such application to the court to allow sufficient time for verification of the
defendant's criminal history by the prosecutor.
b. (1) A defendant shall
not be eligible for participation in the conditional dismissal program if the
offense for which the person is charged involved: (a) organized criminal or
gang activity; (b) a continuing criminal business or enterprise; (c) a breach
of the public trust by a public officer or employee; (d) domestic violence as
defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); (e) an
offense against an elderly, disabled or minor person; (f) an offense involving
driving or operating a motor vehicle while under the influence of alcohol,
intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; (g) a
violation of animal cruelty laws; or (h) any disorderly persons offense or
petty disorderly persons offense under chapter 35 or 36 of Title 2C.
(2)Nothing in this act
shall preclude a defendant charged with any disorderly persons offense or petty
disorderly persons offense under chapter 35 or 36 of Title 2C from applying to
the court for admission into the conditional discharge program in accordance
with N.J.S.2C:36A-1.
c. In addition to the eligibility
criteria enumerated in this section, the court shall consider the following
factors:
(1)The nature and
circumstances of the offense;
(2)The facts surrounding
the commission of the offense;
(3)The motivation, age,
character and attitude of the defendant;
(4)The desire of the
complainant or victim to forego prosecution;
(5)The needs and
interests of the victim and the community;
(6)The extent to which
the defendant's offense constitutes part of a continuing pattern of anti-social
behavior;
(7)Whether the offense
is of an assaultive or violent nature, whether in the act itself or in the
possible injurious consequences of such behavior;
(8)Whether the
applicant's participation will adversely affect the prosecution of
codefendants;
(9)Whether diversion of
the defendant from prosecution is consistent with the public interest; and
(10) Any other factors
deemed relevant by the court.
2C:43-13.2 Court
approval of defendant's participation in conditional dismissal program.
2. Court Approval of Defendant's
Participation in Conditional Dismissal Program. After considering the
eligibility criteria set forth in section 1 of P.L.2013, c.158 (C.2C:43-13.1),
the defendant's criminal history and the municipal prosecutor's recommendation,
the court may, without entering a judgment of conviction, and after proper
reference to the State Bureau of Identification criminal history record
information files, approve the defendant's participation in the conditional
dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.)
and place the defendant under a probation monitoring status for a period of one
year. The court may also impose financial obligations and other terms and
conditions in accordance with P.L.2013, c.158 (C.2C:43-13.1 et al.). Where the
court approves a defendant's participation in the conditional dismissal program
over the municipal prosecutor's objection, the order approving the defendant's
participation in the program shall be a final order but upon request of the
municipal prosecutor shall be stayed for a period of 10 days in order to permit
the prosecutor to appeal such order to the Superior Court.
L.2013, c.158, s.2.
2C:43-13.3
Extension of conditional dismissal term.
3. Extension of
Conditional Dismissal Term. A defendant may apply to the court for an extension
of a term of conditional dismissal pursuant to the provisions of P.L.2013,
c.158 (C.2C:43-13.1 et al.) to allow sufficient time to pay financial
obligations imposed by the court. A judge may also extend a defendant's
conditional dismissal term for good cause.
2C:43-13.4
Violation of terms prior to dismissal.
4. Violation of Terms
Prior To Dismissal. If a defendant who is participating in the conditional
dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.)
is convicted of any petty disorderly persons offense, disorderly persons
offense or crime under any law of the United States, this State or any other
state, or otherwise fails to comply with the terms and conditions imposed by the
court, the court may enter a judgment of conviction and impose a fine, penalty,
or other assessment which may be imposed by the court in accordance with the
defendant's prior plea of guilty or finding of guilt.
L.2013, c.158, s.4.
2C:43-13.5
Dismissal.
5. Dismissal. If, at the
end of the term of the conditional dismissal, the defendant has not been
convicted of any subsequent petty disorderly persons offense, disorderly
persons offense or crime under any law of the United States, this State or any
other state, and has complied with any other terms and conditions imposed by
the court, the court may terminate the probation monitoring and dismiss the
proceedings against the defendant.
L.2013, c.158, s.5.
2C:43-13.6 Effect
of dismissal.
6. Effect of Dismissal.
The conditional dismissal of petty disorderly persons or disorderly persons
offenses granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be
deemed a conviction for purposes of disqualifications or disabilities, if any,
imposed by law upon conviction of a petty disorderly persons or disorderly
persons offense but shall be reported to the State Bureau of Identification
criminal history record information files for purposes of determining future
eligibility or exclusion from court diversion programs. A conditional dismissal
granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a
conviction for the purposes of determining whether a second or subsequent
offense has occurred under any law of this State.
2C:43-13.7
Limitation.
7. Limitation. A
conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall
be granted only once with respect to any defendant.
2C:43-13.8
Conditional dismissal assessment, restitution and other assessments.
8. Conditional Dismissal
Assessment, Restitution and Other Assessments. A defendant applying for
admission to the conditional dismissal program pursuant to P.L.2013, c.158
(C.2C:43-13.1 et al.) shall pay to the court an application fee of $75 which,
upon collection, shall be deposited into the "Municipal Court Diversion
Fund" established pursuant to section 9 of P.L.2013, c.158 (C.2C:43-13.9).
Monies in the fund shall be used to defray the cost of intake and monitoring
services related to the defendant's participation in the conditional dismissal
program as provided by the Probation Division of the Superior Court. If
admitted into the program, the defendant shall be required to pay any
restitution, costs, and other mandatory assessments that would have been
imposed by law for a conviction of the offense charged.
A municipal court judge
may impose an assessment, based on the nature of the offense and the character
of the defendant, that shall not exceed the amount of a fine that would have
been imposed for conviction of the offense charged. Such assessment shall be
distributed in the same manner as a fine for the offense charged. A defendant
shall be advised of these financial conditions prior to seeking entry into the
program.
A defendant may apply
for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing
the Courts of the State of New Jersey, or the court may permit the defendant to
pay the conditional dismissal fee and other assessments in installments or may
order other alternatives pursuant to section 1 of P.L.2009, c.317
(C.2B:12-23.1).
