What happens if I violate the terms of my Recovery Court Special Probation?

 

When a first violation of probation is reported to the Court, the Court in its discretion may permanently revoke the participant’s Recovery Court Special Probation.  See N.J.S.A. 2C:35-14(f)(1).  If a person is accused of a 2nd or subsequent violation of the conditions of Recovery Court, then the Court must permanently revoke the participant’s Recovery Court Special Probation unless the Court finds that there is a substantial likelihood that the person will successfully complete the treatment program if permitted to continue on special probation, and the Court is clearly convinced (considering the nature and seriousness of the violations) that no danger to the community will result from allowing the participant to continue on special probation.  See N.J.S.A. 2C:35-14(f)(2). 

​

When determining whether to permanently revoke a participant’s Recovery Court Special Probation, the Court will consider the nature and seriousness of the present infraction and any past infractions in relation to the person's overall progress in the course of treatment, and the recommendations of the treatment provider.  N.J.S.A. 2C:35-14(f)(3).  The court shall give added weight to the treatment provider's recommendation that the person's special probation be permanently revoked, or to the treatment provider's opinion that the person is not amenable to treatment or is not likely to complete the treatment program successfully.  The Court may also order a brief period of incarceration if the Court, in its discretion, determines that such incarceration would help to motivate the participant to make satisfactory progress in treatment.  See N.J.S.A. 2C:35-14(g).

​

If I am terminated from Recovery Court Special Probation, what possible sentence am I facing?

 

If the Court permanently revokes a participant’s Recovery Court Special Probation, then he or she is facing any sentence that can be imposed for the offense for which the person was convicted.  So, for example, if a person pleads guilty to a 3rd degree possession of CDS offense to get into Recovery Court, upon termination from Recovery Court, he or she is facing a sentence between 3-5 years in New Jersey State Prison, because that is the statutory range of sentences for that particular offense (unless the plea agreement called for a particular sentence upon termination from Recovery Court).  *NOTE:  Days in inpatient treatment count as “jail credit” towards the person’s ultimate sentence.  See N.J.S.A. 2C:35-14(f)(4).