Interviewer: What other kinds of offenses are these Conditional Discharge and Conditional Dismissal Programs available for?
Lauren Scardella: I think it’s easier to say what kinds of offenses, at least for the Conditional Dismissal Program, are they not available for, because that’s enumerated in the statute.
For the Conditional Dismissal Program, a defendant is not eligible for participation if they are charged with anything that involves organized criminal or gang activity; a continuing criminal business or enterprise; breach of the public trust by a public officer or employee; domestic violence, an offense against an elderly, disabled, or minor person; an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotics, or hallucinogenic or habit‑producing drugs; violation of the animal cruelty laws; or any disorderly persons offense or petty disorderly persons offense that involves drugs, because drugs are dealt with under the conditional discharge program, not the conditional dismissal program.
It’s not saying that you can’t have a diversionary program if you’re charged with something having to do with drugs; it’s just that you can’t have a Conditional Dismissal because there’s a different program for that.
For a Conditional Discharge, a defendant is only eligible if they are charged with a drug offense.