... In reaching this conclusion, the judge reasoned that pursuant to N.J.S.A. 2C:43-26(b)(1), 'the prosecutor shall have the sole discretion to ... Rodriguez found the UCPO considered the appropriate statutory factors under N.J.S.A. 2C:43-26(b)(1).6 For example, the judge 5 439 N ... s recovery, prevent future criminal behavior, and protect public safety. [N.J.S.A. 2C:43-26(b)(1).] A-2038-21 12 pending Sussex County matter ... conditionally approve an eligible servicemember's admission into the [VDP] .' N.J.S.A. 2C:43-26(a). Except under limited circumstances not relevant to this appeal ... s recovery, prevent future criminal behavior, and protect public safety. [ N.J.S.A. 2C:43-26(b)(1) (emphasis added).] Based on the fact N.J.S.A. 2C:43-26(b)(1) affords the State 'sole discretion' to admit ...