AG Modifications to CJ Reform Policies: Part 15

by Fred Sisto | Dec 6, 2017 | Criminal Law, New Jersey

Anti-Drug Profiteering 4.6.11 (requiring an application for a complaint-warrant when one or more special pretrial release conditions that can be imposed only on a complaint-warrant are necessary to reasonably assure the immediate safety of a domestic violence victim). Moreover, in any application for a complaint-warrant, the presence of any of the foregoing circumstances shall be included in the Affidavit of Probable Cause. See subsection 5.1.2. Situations Where Law Enforcement Must Apply for a Complaint-Warrant and Seek Special Conditions to Protect Domestic Violence Victims. In any case involving domestic violence where the police officer or assistant prosecutor or deputy attorney general consulted in accordance with Section 3.2 or supervisory officer designated pursuant to subsection 3.3.2 has reason to believe, considering the totality of the circumstances, including but not limited to the special factors listed in paragraphs 1 through 9 of subsection 4.6.10, that issuance of a no-contact condition or other restraint, a requirement to surrender weapons, or any other special condition of pretrial release expressly authorized by N.J.S.A. 2C:25-26(a) is necessary to reasonably assure the immediate safety of the victim, the officer or prosecutor shall, notwithstanding any other provision of this Directive other than subsection 4.6.10, apply for a complaint-warrant and seek imposition of the conditions needed to reasonably assure the immediate safety of the victim. Nothing in this subsection shall be construed to preempt or in any way alter the authority of the agency or the victim to apply for a temporary or final restraining order, and the special conditions of pretrial release in the criminal prosecution sought pursuant to this subsection shall be in addition to, not in lieu of, any such civil temporary or final restraining order.

This section reinforces the impression that the modifications to the AG Guidelines were hastily drafted. An “agency” does not have standing to apply for a TRO or FRO. Still, the guidelines reference “the authority of the agency . . . to apply for a temporary or final restraining order.”

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