# N.J. Stat. § 2C:43-13.1: Eligibility, application

> New Jersey · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-13.1

## Section

- **Citation:** N.J. Stat. § 2C:43-13.1
- **Heading:** Eligibility, application
- **Jurisdiction:** New Jersey
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NJ Code / Title 2C / Chapter 43 / Section 43-13.1

## Text

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.), a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), or a Mental Health Diversion Program pursuant to P.L.2023 c.188 (C.2C:43-32 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. amended 2017, c.42, s.8; 2023, c.188, s.10.

## Nearby sections

- [N.J. Stat. § 2C:43-1 Degrees of crimes](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-1.md)
- [N.J. Stat. § 2C:43-2 Sentence in accordance with code; authorized dispositions.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-2.md)
- [N.J. Stat. § 2C:43-2.1 Motor vehicle theft or unlawful taking; restitution](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-2.1.md)
- [N.J. Stat. § 2C:43-2.2 Issuance of court order requiring serological tests.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-2.2.md)
- [N.J. Stat. § 2C:43-2.3 Orders for certain serological testing required under certain circumstances](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-2.3.md)
- [N.J. Stat. § 2C:43-2.4 Authority to impound motor vehicles.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-2.4.md)
- [N.J. Stat. § 2C:43-3 Fines and restitutions](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.md)
- [N.J. Stat. § 2C:43-3.1 Victim, witness, criminal disposition, and collection funds.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.1.md)
- [N.J. Stat. § 2C:43-3.2 Assessments for Safe Neighborhoods Services](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.2.md)
- [N.J. Stat. § 2C:43-3.3 Additional penalties for persons convicted of crime deposited in "Law Enforcement Officers Training and Equipment Fund"](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.3.md)
- [N.J. Stat. § 2C:43-3.4 Restitution for extradition costs.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.4.md)
- [N.J. Stat. § 2C:43-3.5 Additional penalty for certain offenses.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.5.md)
- [N.J. Stat. § 2C:43-3.6 Additional penalty for sex offense for deposit in Sexual Assault Nurse Examiner Program Fund.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.6.md)
- [N.J. Stat. § 2C:43-3.7 Surcharge for certain sexual offenders to fund grants, programs, certain.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-3.7.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NJ_T2C_C43_S43-13.1. Check the current official text before relying on it. Not legal advice.