Bail Reform: “Release on Maximum Conditions.”

“In cases not otherwise covered under Section 7.3, unless the presumption of seeking pretrial detention is overcome pursuant to subsection 7.4.6, the prosecutor shall apply for pretrial detention if the pretrial services program determines that release is not recommended, or if released that maximum conditions be imposed.

In any case not otherwise covered under Sections 7.3. or 7.4, the prosecutor shall not apply for pretrial detention unless the County Prosecutor or First Assistant Prosecutor, or the Director or a Deputy Director of the Division of Criminal Justice in cases prosecuted by the Division, determines that:

(a)    specific facts or circumstances justifying pretrial detention were not adequately accounted for by  the automated  pretrial risk-assessment process;    ·

(b)    the State will be able to present clear and convincing evidence at the detention hearing to overcome the statutory presumption against pretrial detention; and

(c)    if defendant were released, even on maximum conditions, there is a serious risk that defendant (i) will not appear in court when required, (ii) will pose a danger to any other person or the community, or (iii) will obstruct or attempt to obstruct the criminal justice process, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.

If the defendant is charged with murder (N.J.S.A. 2C: l 1-3), or upon conviction of any other charged offense would be eligible for an ordinary or extended term of life imprisonment,25 the prosecutor shall apply for pretrial detention unless the County Prosecutor or First Assistant  Prosecutor, or the Director or a Deputy Director of the Division of Criminal Justice in cases prosecuted by the Division, finds that there are compelling and extraordinary reasons not to seek pretrial  detention.”

Note that the default position of the Attorney General’s Office is to apply for pretrial detention in each and every case where the objective pretrial assessment calls for “release on maximum conditions.” Thus, the Bail Reform Law promises more fairness in objectivity in dealing with bail, and law enforcement’s response is the seek detention in a broad category of cases where the objective results of the assessment calls for release.