State v. K.S., 104 A.3d 258

K.S. was arrested for driving while intoxicated and refusing a breath test, and indicted for aggravated assault on a police officer, throwing bodily fluids at an officer, resisting arrest, and criminal mischief.
PTI director recommended denial of PTI due to the assaultive nature of the offense and a history of anti-social behavior.
The prosecutor denied PTI, relying on the defendant’s prior record, including diverted juvenile charges (possession of a weapon, assault, fighting, harassment) and dismissed adult charges, as evidence of a continuing pattern.
Defendant challenged the denial, arguing the prosecutor impermissibly inferred guilt from dismissed charges and failed to consider his bipolar disorder.
The trial court denied relief; Appellate Division affirmed; the Supreme Court granted certification and later remanded for consideration consistent with principles set forth in this opinion.
The Court reverses and remands to reconsider PTI eligibility, emphasizing that dismissed charges may not be used to infer guilt absent admissions or findings and that mental-health evidence must be individually assessed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May prior dismissed charges be used to deny PTI?	K.S. contends dismissed charges cannot support a finding of violence unless admissions exist.	State argues pattern of anti-social behavior justifies denial.	Remand required; prior dismissed charges may not be used absent admissions/findings.
Was bipolar disorder adequately considered in PTI decision?	K.S. asserts mental illness was not properly considered.	State asserts it considered mental health but was not swayed by it.	Remand for de novo consideration of medical evidence and its impact on PTI factors.

State v. Brooks, 175 N.J. 215 (N.J. 2002) (limits on using dismissed charges; infer guilt only with undisputed facts)
State v. Green, 62 N.J. 547 (N.J. 1973) (deterrence rationale rejected; precedents on PTI factors)
State v. Wallace, 146 N.J. 576 (N.J. 1996) (prosecutor discretion in PTI; factors not weights)
State v. Dalglish, 86 N.J. 503 (N.J. 1981) (prosecutor’s broad discretion in PTI decisions)
State v. Leonardis, 71 N.J. 85 (N.J. 1976) (foundation for PTI framework and guidelines)
State v. Seyler, 323 N.J. Super. 360 (N.J. Super. 1999) (need to consider statutory factors in PTI determinations)
State v. Hoffman, 399 N.J. Super. 207 (N.J. Super. 2008) (mental illness must be considered in PTI assessment)
State v. Negran, 178 N.J. 73 (N.J. 2003) (broad category of offenses allowed to be considered for PTI suitability)