Recovery Court Applications | Denholtz Defense

New Jersey Recovery Court

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If you are charged with a criminal offense, it is crucial to have an experienced, skilled, and aggressive attorney by your side. Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of criminal offenses throughout New Jersey. With a proven track record of success, Ms. Denholtz has handled approximately 1,500 felony-level cases to conclusion, including many clients who entered Recovery Court.

At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing criminal charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Introduction to Recovery Court

Recovery Court is a specialized form of probation for people who suffer from substance addiction issues. It is intended to be an alternative to going to prison. Recovery Court was born out of the idea that people with drug addictions often cycle in and out of the criminal justice system without ever receiving true help to address their underlying addictions. Courts soon began to realize that endlessly filling jail and prison cells with substance-addicted offenders was not producing a solution to drug-related criminal behavior. Thus, Recovery Court was enacted as an innovative and alternative approach.

Recovery Courts exist in the Superior Court for each of the 21 counties in New Jersey. Recovery Courts consist of a highly specialized team, including: the Recovery Court judge, court staff, attorneys, probation officers, substance abuse evaluators, and treatment professionals who work together to support and monitor a participant’s recovery. Together, they maintain a balance of authority, supervision, support, and encouragement.

Recovery Court probation is rigorous and comes with significant conditions that require intensive supervision. The mission of the New Jersey Statewide Recovery Court is to stop the abuse of drugs and related criminal activity. A team of judges, defense attorneys, prosecutors, probation officers, and substance abuse experts all work together as a team to construct and enforce a supportive atmosphere to encourage and monitor the participant’s recovery.

Following an intensive screening process, participants with a substance use disorder enter a strictly-monitored treatment program that is incorporated into their probationary term. This approach consists of treatment, counseling, and other resources intended to assist participants with issues such as, job training, education, and health care. The mission of Recovery Court is to stop the abuse of alcohol and other drugs that lead to criminal activity. The program is based on the concept of “Therapeutic Jurisprudence.”

Individuals who successfully complete Recovery Court are eligible to have their complete criminal record expunged (subject to some exceptions), which gives the individual an opportunity to start their new lives with a clean slate. New Jersey has built one of the most successful Recovery Court programs in the country.

See Recovery Court Unit; see also Recovery Court Brochure 9-2023.pdf.

Recovery Court Application Process

The first step in applying to Recovery Court is to fill out a Recovery Court application. That application will then set into motion a series of steps to evaluate whether the defendant is a suitable candidate for Recovery Court, based on the criteria set forth in N.J.S.A. 2C:35-14(a).

Clinical Eligibility: The applicant must undergo a professional diagnostic assessment (AKA Substance Abuse Evaluation or "SAE") to determine whether and to what extent the person has a substance use disorder and would benefit from treatment.

Other Clinical Factors Considered: The other factors that must be considered are:

Whether the person currently has a substance use disorder AND had a substance use disorder at the time of the commission of the present offense.
The present offense was committed while the person was under the influence of a controlled dangerous substance or alcohol (or the offense was committed to acquire property or money in order to support a substance use disorder).
Substance use treatment and monitoring will serve to benefit the person by addressing the person's substance use disorder (and will thereby reduce the likelihood that the person will thereafter commit another offense).
A suitable treatment facility licensed and approved by the Division of Mental Health and Addiction Services in the Dept. of Human services is able and has agreed to provide appropriate treatment services to the applicant.

Legal Eligibility: To be eligible for Recovery Court, the applicant must be legally eligible to participate in the program. Legal eligibility requirements are also set forth in N.J.S.A. 2C:35-14(a) and include the following:

The applicant did not possess a firearm at the time of the present offense and did not possess a firearm at the time of any pending criminal charges.
The applicant has not previously been convicted on 2 or more separate occasions of crimes of the 1st or 2nd degree (subject to certain exceptions) OR the applicant has not previously been convicted on 2 or more separate occasions where 1 of the offenses was a crime of the 3rd degree (other than crimes involving possession of drugs), and 1 of the offenses is a crime of the 1st or 2nd degree.
The person has not been previously convicted or adjudicated delinquent for, and does not have a pending charge of murder, aggravated manslaughter, manslaughter, kidnapping, aggravated assault, aggravated sexual assault or sexual assault, or a similar crime under the laws of any other state or the United States.
No danger to the community will result from the person being placed in Recovery Court.
*NOTE: All Recovery Court participants must be a resident of New Jersey.

Offenses That Make a Person Ineligible for Recovery Court: Pursuant to N.J.S.A. 2C:35-14, a person is ineligible for Recovery Court under any of the following circumstances where the person has previously been convicted or adjudicated delinquent for:

A crime of the 1st or 2nd degree.
A crime of the 1st or 2nd degree involving murder, manslaughter, aggravated manslaughter, vehicular homicide, aggravated assault, disarming a law enforcement officer, kidnapping, aggravated sexual assault, sexual assault, carjacking, aggravated arson, extortion, booby traps in a manufacturing or distribution facility, strict liability for drug-induced deaths, terrorism, producing or possessing chemical weapons, racketeering, firearms trafficking, child pornography. *NOTE: 2nd degree burglary and robbery are excluded from this prohibition.
Any drug offense that requires a mandatory minimum period of incarceration (other than distribution of CDS within 1,000 feet of school property).
An offense involving distribution, conspiracy to distribute, or attempt to distribute drugs to a juvenile near or on school property.

What Is It Like Being in Recovery Court?

Who monitors my progress while in Recovery Court?

Recovery Court uses a team-based approach to monitor a participant’s compliance with and progress in Recovery Court. Initially, the assigned probation officer monitors and supervises the person’s Special Probation, and he or she then makes reports to the Court as to the participant’s progress in treatment and compliance with court-imposed terms and conditions. The treatment provider also must promptly report to the probation department or other appropriate agency all significant failures by the person to comply with any court-imposed term or condition of Special Probation or any requirements of the course of treatment, including but not limited to a positive drug or alcohol test, the unexcused failure to attend any session or activity, and shall immediately report any act that would constitute an escape. The probation department or other appropriate agency shall immediately notify the court and the prosecutor in the event that the person refuses to submit to a periodic drug or alcohol test or for any reason terminates the person's participation in the course of treatment, or commits any act that would constitute an escape. See N.J.S.A. 2C:35-14(e).

What are the phases of Recovery Court Special Probation?

There are 4 key phases of Recovery Court Special Probation:

Phase 1 – Stabilization;
Phase 2 – Positive Change;
Phase 3 – Relapse Prevention; and
Phase 4 – Commencement or graduation.

What types of things will I be required to do while in Recovery Court?

Recovery Court participants can expect to do the following:

Regular court appearances.
Frequent random drug testing.
Detoxification services (if needed).
Residential treatment (if needed).
Intensive outpatient treatment.
Individual and group counseling.
12-Step self-help groups.
Relapse prevention education.
Sanctions for poor behavior.
Rewards and incentives for good behavior.
Community service.

How long does Recovery Court Special Probation last?

At the outset, Recovery Court Special Probation is for a period of 5 years. However, if a participant shows exemplary progress and compliance with treatment objectives, it is possible to “graduate” from Recovery Court as early as 2 years. Pursuant to N.J.S.A. 2C:35-14(L), if the Court finds that the participant “has made exemplary progress in the course of treatment, the court may, upon recommendation of the person's supervising probation officer or on the court's own motion, and upon notice to the prosecutor, grant early discharge from a term of special probation provided that the person:

Has satisfactorily completed the treatment program ordered by the court.
Has served at least 2 years of special probation.
Within the preceding 12 months, did not commit a substantial violation of any term or condition of special probation, including but not limited to a positive urine test.
Is not likely to relapse or commit an offense if probation supervision and related services are discontinued."

One of the biggest incentives for people in Recovery Court is that upon graduation, the participant is eligible for an expungement of their entire record (subject to some exclusions). Click HERE to learn more about Recovery Court Expungements.

Contact a New Jersey Recovery Court

Lawyer for a Free Consultation

The consequences of a criminal conviction can be devastating. Criminal cases are also very complex and highly specialized. If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney.

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.