“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 Office of Forensic  Science  pursuant to this Section by means of the system established  by that   […]

“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 compelling circumstances justifying a delay, requests for forensic analysis (e.g., analysis of suspected controlled substances, […]

“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 cases prosecuted by the Division. The County Prosecutor or Division shall […]

“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 complaint-warrant, the prosecutor shall presumptively  file a motion seeking revocation  of release pursuant […]

“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 authority to revoke a defendant’s release status if the defendant had been released on […]

“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 not limited to an appeal. Notification shall be made in the form and manner […]

“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 defendant” within the meaning of N.J.S.A. 2A:162- 15, in deciding whether to […]

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 available to mitigate the risk(s). By way of example, a defendant’s criminal […]

“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 relevance of the nature and circumstances of the offense charged as a factor […]

“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 order pretrial detention, may take into account information concerning: (a)    the nature and circumstances […]