STATE OF NEW JERSEY VS. DIANE O'BRIEN A-4190-09T2

STATE OF NEW JERSEY VS. DIANE O'BRIEN A-4190-09T2

02-10-11

The question presented is whether a defendant who

previously received supervisory treatment under the conditional

discharge statute, N.J.S.A. 2C:36A-1, and who later applied for

and obtained an order vacating the conditional discharge, may

thereafter be admitted into PTI. We answer the question in the

negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28,

Guideline 3(g) prohibit any person previously placed into

supervisory treatment under the conditional discharge statute

from subsequent admission into PTI, whether the conditional

discharge is later vacated or not.