"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 present offense is a crime of the first or second...
Law Reform and Amendments
Bail Reform: Detain or Release Pretrial
“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, the prosecutor shall apply for pretrial detention unless the County Prosecutor or...
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...
Bail Reform: Unproven Accusations
"The third category also applies to cases where the automated pretrial risk-assessment results in a high Failure to Appear (FTA) or New Criminal Activity (NCA) score, see note 9 and subsection 7.4.2, or if a New Violent Criminal Activity (NVCA) flag is raised, see...
Bail Reform: “Interest of Justice”
To help achieve an appropriate degree of statewide uniformity in the exercise of prosecutorial discretion, this Section establishes a pretrial detention decision-making framework consisting of three categories of cases. For each category, there is rebuttable...
Bail Reform: Confrontation Clause Issues
“In deciding whether to seek pretrial detention, prosecutors will be expected to give substantial weight to the results of the objective pretrial risk-assessment process approved by the AOC pursuant to N.J.S.A. 2A:162-25(c). However, as noted throughout this...
Bail Reform: Pre-Trial Detention in Domestic Violence Cases
“Under the Bail Reform Law, only certain "eligible defendants" as that term is defined in N.J.S.A. 2A: 162-15 are subject to pretrial detention. Cf. Section 1.6. Specifically, the statute authorizes pretrial detention of eligible defendants (i.e., defendants...
Bail Reform: Bail Source Hearings
The Bail Reform Law does not repeal other statutory provisions that authorize, or in some cases require, a court to conduct a monetary bail source or sufficiency inquiry on application of the prosecutor to determine, inter alia, "defendant's interest in ensuring that...
Bail Reform: Monetary Bail to Avoid Jail Time
“A prosecutor shall not request a court to impose monetary bail pursuant to N.J.S.A. 2A: 162- 17(c) except as may be authorized pursuant to this Section. Consistent with the statutory framework that relegates monetary bail as the last option for pretrial release...
Bail Reform: Monetary Bail
“Monetary bail remains an available option under the Bail Reform Law, but only as a last resort when the court finds that release on non-monetary conditions will not reasonably assure the defendant's appearance in court when required. N.J .S.A. 2A:162-17(c). The law...