If the suspected violation occurred outside the jurisdiction of the County Prosecutor handling the matter on which pretrial release conditions were imposed, the agency or officer detecting the violation may notify the County Prosecutor having jurisdiction over the place where the violation occurred, in which event that prosecutor shall promptly notify the other County Prosecutor’s Office of the violation.
If the violation constitutes a criminal offense and two or more Prosecutor’s Offices are involved, the prosecutors shall confer and coordinate their efforts to ensure public and victim protection to the greatest extent possible.”
The provisions regarding the notification of pretrial services highlights the privileged status that prosecutors tend to enjoy in our criminal justice system. Here, they are encouraged to have ex parte communications with the pretrial service employees that will generate the reports that are relied upon in making crucial bail condition decisions. Prosecutors thus enjoy the advantage of shaping the reports and the recommendations regarding pretrial detention, release and conditions. These recommendations are supposed to come from an objective and neutral assessment.