“The State Police Office of Forensic Science may establish an electronic submission/reporting system to provide an efficient means by which to make and respond to prioritization requests. In that event, the prosecutor shall make a prioritization request to the...
Law Reform and Amendments
Bail Reform: Laboratory Resources
“In cases where the defendant is detained before trial, the County Prosecutor or Division of Criminal Justice in cases prosecuted by the Division shall submit evidence for forensic analysis as promptly as possible. State Police Office of Forensic Science. Absent...
Bail Reform: Pretrial Service Employee Generated Reports
“In the event that a law enforcement agency or officer has reason to believe that a defendant has violated a condition of pretrial release, the agency or officer shall promptly notify the County Prosecutor handling the case, or the Division of Criminal Justice in...
Bail Reform: New Allegation After A Complaint-Warrant
“In any case not otherwise covered under Section 8.3, except as authorized pursuant to subsection 8.4.5, where there is probable cause to believe that a defendant has committed a first- or second-degree crime while on release for any offense charged by a...
Bail Reform: State’s Advantages
“Until now, prosecutors have been precluded from seeking initial preventive detention under Article I, paragraph 11 of the New Jersey Constitution, which was interpreted to establish a "right to bail" in non-capital cases. However, courts in this State always had the...
Bail Reform: Motion Papers
“If a prosecutor files a motion for pretrial detention pursuant to this Directive and the court denies the motion and releases the defendant, the prosecutor shall notify the Director of the Division of Criminal Justice to consider appropriate remedies, including but...
Bail Reform: State’s Use of an Expunged Arrest/Conviction
“In the event that a juvenile is waived to adult court pursuant to N.J.S .A. 2A:4A-26 .l (involuntary waiver) or N.J.S.A. 2A:4A-27 (waiver at election of juvenile), and a complaint-warrant is issued pursuant to Section 4.8 so that the juvenile is an "eligible...
Bail Reform: Unfair Advantage for Wealthy Defendants
There may be cases where the prosecutor determines that the risk(s) posed by the defendant upon release can be adequately managed only by some form of monitoring or intervention service that is not provided by the pretrial services program or otherwise is not...
Bail Reform: Alleged Victim as A Witness
“When the impact of the crime on a victim is relevant to the pretrial detention decision, the prosecutor shall consider such impact as part of the consideration of the "nature and circumstances of the offense charged." See N.J.S.A. 2A: 162-20(a) (recognizing the...
Bail Reform: Discovery Rules
“The Bail Reform Law provides a list of broad categories of information that a court may take into account in determining whether to order pretrial detention. See N.J.S.A. 2A:162-20(a) to (t). N.J.S.A.2A: 162-20 provides that a court, when determining whether to...