PTI: What It Means in Harrison Town Hall Theft Cases

For the third time in approximately two decades, a Harrison municipal employee has been implicated in the alleged theft of public funds, making the Municipal Court investigation the latest in a series of theft cases involving Harrison Town Hall and municipal government departments.

The theft of money from the Harrison Municipal Court has raised questions on social media as to why two of the three town employees were allowed to enter into the New Jersey Pretrial Intervention Program (PTI).

The New Jersey Pretrial Intervention Program (PTI) is often misunderstood. Admission into PTI does not mean a person has been found guilty or convicted of a crime. Instead, it is a diversionary program that allows certain defendants to avoid the traditional criminal prosecution process by successfully completing court-ordered conditions. If the participant completes the program, the criminal charges are generally dismissed. PTI was created to give appropriate defendants, typically first-time offenders, the opportunity for rehabilitation while still holding them accountable. It is governed primarily by N.J.S.A. 2C:43-12 through 2C:43-22 and New Jersey Court Rules 3:28-1 through 3:28-10.

Why does PTI exist?

The New Jersey Legislature established PTI because it recognized that not every criminal case is best resolved through prosecution and conviction. The statute states that the program is intended to provide early rehabilitative services or supervision when doing so is likely to deter future criminal behavior. The Legislature concluded that, in appropriate cases, rehabilitation may better serve both the defendant and society than obtaining a criminal conviction.

The goals of PTI include:

• Giving eligible defendants an opportunity to avoid a criminal conviction.
• Providing counseling, treatment, education, or supervision where appropriate.
• Requiring offenders to make restitution to victims when necessary.
• Reducing repeat criminal behavior.
• Conserving judicial resources by diverting appropriate cases from lengthy prosecution.
• Allowing courts to focus greater attention on more serious or violent crimes.

Who qualifies?

PTI is not automatic. Even if someone appears eligible, admission is discretionary.

Generally, applicants should:

• Be charged with an indictable offense in Superior Court.
• Have little or no prior criminal record.
• Not have previously participated in PTI.
• Demonstrate that rehabilitation is more appropriate than prosecution.
• Show that the interests of society and any victims would not be harmed by admission.

Admission typically requires approval from:

• the County Prosecutor;
• the Criminal Division Manager (through the Probation Department); and
• a Superior Court judge.

Are certain crimes treated differently?

Yes.

Certain offenses or defendants receive much greater scrutiny and, in many instances, are unlikely to be admitted into PTI.

Examples include:

• violent crimes;
• organized crime or racketeering;
• defendants already on probation or parole;
• repeat offenders; and
• public employees or public officials charged with crimes involving their public employment or office.

The New Jersey Judiciary specifically advises that an application is unlikely to be accepted if the applicant "is a public employee or officer charged with a crime that involves your employment or office." That does not make admission impossible, but it means applicants in that category generally must present compelling reasons why PTI should nevertheless be granted.

What happens during PTI?

Participants are supervised by the Probation Division for a period that may last up to 36 months, although many cases are shorter.

Conditions often include:

• restitution;
• community service;
• drug or alcohol evaluations;
• mental health counseling;
• random drug testing;
• educational or vocational programs; and
• other conditions tailored to the individual case.

What happens if someone completes PTI?

Successful completion generally results in:

• dismissal of the criminal charges;
• no criminal conviction arising from that case; and
• eligibility, in many cases, to seek an expungement of the arrest and proceedings after the applicable waiting period.

What happens if someone fails PTI?

If a participant violates the conditions of PTI, the court may terminate them from the program.

When that occurs:

• the criminal charges are reinstated;
• the prosecution resumes; and
• the defendant may proceed to indictment, trial, or other disposition just as if PTI had never been granted.

How PTI relates to the Harrison Municipal Court case

Because Gabriela Sandwith was a public employee and the alleged offense involved her municipal employment, her admission into PTI is noteworthy. Under New Jersey Judiciary guidance, applicants who are public employees charged with crimes arising from their public office are generally considered unlikely candidates for PTI, absent compelling circumstances. Her admission means the prosecutor, Criminal Division, and Superior Court judge ultimately determined that PTI was appropriate in her particular case, subject to conditions that include restitution and the forfeiture of future public employment, as announced by the Harrison Police Department.

It should be noted that Deborah R. Thiry, who worked for the Harrison Construction Department and was indicted for theft of funds while employed by the Town of Harrison, was also approved for the PTI program.  However, William “Bill” Tanski, who was indicted for theft of funds, was not offered PTI, served 3 years in jail, and was required to pay restitution to the Town of Harrison. It should be noted that there were different prosecutors and judges in each of the cases.

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