Recovery Court Rejections (Part 2)

The Administrative Directive continues in relevant part:

3. Track One – Inappropriate for Probation/Danger to the community – N.J.S.A. 2C:35-14a(9)

a. T1 Inappropriate/Danger
b. T1 Inappro/danger

4. Track One – Present offense not related to substance use disorder – N.J.S.A. 2C:35-14a(3) or (4)

a. T1 Pres offen not related – use
b. T1 Not related to use

5. Track One – Possessed firearm during present offense – N.J.S.A. 2C:35-14a(5)

a. T1 Gun possession pres offense
b. T1 Gun posses

6. Track One – Statutory provisions – N.J.S.A. 2C:35-14a(l), (2), or (8)

a. T1 2C:35-14a(l),(2) or(8)
b. T135-14a(l),(2)or(8)

7. Track One – Current charges not eligible for sentencing to Recovery Court – N.J.S.A. 2C:35-14b

a. T1 Charge not eligible for RC
b. T1 No RC eligible

8. Track Two – Inappropriate for Probation/Danger to the community

a. T2 Inappropriate/Danger
b. T2 Inappro/danger

9. Track Two – Less than two years left on probation

a. T2 Less – two years left prob
b. T2 <2yr left prob

10. Track Two – Current charges not eligible for sentencing to Recovery Court – N.J.S.A. 2C:45-1

a. T2 Charge not eligible for RC
b. T2 No RC eligible

11. Track One or Two — Extradition demand or IAD detainer

a. TIT2 Extradition or IAD detain
b. TIT2 ExtraditelAD

12. Track One or Two – Immigration detainer

a. TIT2 Immigration detainer
b. TIT2 Immigrat det

13. Track One or Two — Out of state resident

a. TIT2 Out of state resident
b. TIT2 Out of state

Governor Christie expanded Recovery Court (then Drug Court) access by removing most of a prosecutor’s discretion to reject applicants from the program. The remaining “catch-all” rejection basis that prosecutors rely on is “3. Track One – Inappropriate for Probation/Danger to the community – N.J.S.A. 2C:35-14a(9).” There is no known precedent addressing the application of this factor.

The “9. Track Two – Less than two years left on probation” factor can be remedied by extending the term of probation for an additional two years. This creates an interesting issue in the case of an applicant that has already served three years of probation since terms of  probation are not supposed to last for more than five years.