§§1-11,20 -

C.2A:162-15 to

2A:162-26

§§12-15,17-19 -

C.2B:1-7 to

2B:1-13

§21 - Note

 

P.L.2014, CHAPTER 31, approved August 11, 2014

Senate, No.946 (Third Reprint)

 

 

An Act concerning court administration, supplementing Titles 2A and 2B of the New Jersey Statutes, and amending P.L.1995, c.325.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     ³[¹1.  (New section)  For any crime committed on or after the effective date of this section:

     a.    Subject to excludable time as set forth in subsection b. of this section:

     (1)   (a) A defendant who has been charged with a crime and for whom pretrial detention is ordered pursuant to sections 5 and 6 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall not remain detained in jail for more than 90 days on that charge prior to the return of an indictment.  If the defendant is not indicted within the specified 90 days, the defendant shall be released from jail upon motion of the defendant or on the court's own motion.  Notwithstanding the court's previous findings for ordering the defendant's pretrial detention, the court shall release the defendant on the defendant's own recognizance or set appropriate non-monetary conditions for the defendant's release. 

     (b)   If the defendant is charged or indicted on another matter, the time calculations set forth in subparagraph (a) of this paragraph for each matter shall run independently.

     (2)   (a) Except as otherwise provided in this paragraph, a defendant who has been indicted and for whom pretrial detention is ordered pursuant to sections 5 and 6 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall not remain detained in jail for more than 180 days on that charge following the return or unsealing of the indictment, whichever is later, before commencement of the trial.  The 180-day time period shall commence to run from the date the indictment is returned, or the defendant, if a juvenile, has been waived to adult court.  In the event a defendant's trial does not begin within the specified 180 days, the defendant shall be released from jail upon motion of the defendant or the court's own motion, unless the court finds that ²[an injustice would follow] a substantial and unjustifiable risk to the safety of any other person or the community or obstruction of the criminal justice process would result² from ²[strict compliance with]² the defendant's release²[.  If the court finds, in the extraordinary case, that there has been a significant showing that an injustice would follow from strict compliance with the defendant's release]² from custody, ²so that no appropriate conditions for the defendant's release could reasonably address that risk.  If the court so finds,² the court may allocate an additional period of time in which the defendant's trial shall commence before the defendant is released. Notwithstanding the court's previous findings for ordering the defendant's pretrial detention, the court shall release the defendant on the defendant's own recognizance or set appropriate non-monetary conditions for the defendant's release to ²[reasonable] reasonably² assure ²the² defendant's appearance in court. 

     (b)   (i) For the purposes of this paragraph, a trial is considered to have commenced when the court determines that the parties are present and directs them to proceed to voir dire or to opening argument, or to the hearing of any motions that had been reserved for the time of trial.

     (ii)  The return of a superseding indictment against a defendant shall extend the time for the trial to commence. 

     (iii) If an indictment is dismissed without prejudice upon motion of the defendant for any reason, and a subsequent indictment is returned, the time for trial shall begin running from the date of the return of the subsequent indictment.

     (iv) A trial ordered after a mistrial or upon a motion for a new trial shall commence within 120 days of the entry of the order of the court.  A trial ordered upon the reversal of a judgment by any appellate court shall commence within 120 days of the service of that court's trial mandate.

     (c)   If the defendant is indicted on another matter, the time calculations set forth in this paragraph for each matter shall run independently.

     b.    (1) The following periods shall be excluded in computing the time in which a case shall be indicted or tried:

     (a)   The time resulting from an examination and hearing on competency and the period during which the defendant is incompetent to stand trial or incapacitated;

     (b)   The time from the filing to the disposition of a defendant's application for supervisory treatment pursuant to N.J.S.2C:36A-1 or N.J.S.2C:43-12 et seq., special probation pursuant to N.J.S.2C:35-14, ²[regular] drug or alcohol treatment as a condition of² probation ²[drug court]² pursuant to N.J.S.2C:45-1, or other pretrial treatment or supervisory program;

     (c)   The time from the filing to the final disposition of a motion made before trial by the prosecutor or the defendant;

     (d)   The time resulting from a continuance granted, in the court's discretion, at the defendant's request or at the request of both parties;

     (e)   The time resulting from the detention of a defendant in another jurisdiction provided the prosecutor has been diligent and has made reasonable efforts to obtain the defendant's presence;

     (f)   The time resulting from exceptional circumstances including, but not limited to, a natural disaster, the unavoidable unavailability of a defendant, material witness or other evidence, when there is a reasonable expectation that the defendant, witness or evidence will become available in the near future;

     (g)   On motion of the prosecutor, the delay resulting when the court finds that the case is complex due to the number of defendants or the nature of the prosecution;

     (h)   The time resulting from a severance of codefendants when that severance permits only one trial to commence within the time period for trial set forth in this section;

     (i) ²[The time resulting from a defendant being joined for trial with a codefendant for whom the time for trial has not run and there is good cause for not granting a severance;

     (j)]² The time resulting from a defendant's failure to appear for a court proceeding;

     ²[(k)] (j)² The time resulting from a disqualification or recusal of a judge;

     ²[(l)] (k)² The time for other periods of delay not specifically enumerated if the court finds good cause for the delay;

     ²(l)  The time resulting from a failure by the defendant to provide timely and complete discovery;² and

     (m) Any other time otherwise required by statute.

     (2) ²[The prosecutor shall be responsible for calculating excludable time pursuant to the provisions of this subsection.

     (3)]² The failure by the prosecutor to provide timely and complete discovery shall not be considered excludable time unless the discovery only became available after the time set for discovery.

     c.    The Supreme Court may adopt Rules of Court necessary to implement the provisions of this section.¹]³

 

     ¹[1.] ³[2.¹] 1.³      (New section) The provisions of ¹sections ³[2] 1³ through 11 of¹ P.L.     , c.   (C.     ) (pending before the Legislature as this bill) shall be liberally construed to effectuate the purpose of ¹primarily¹ relying upon ¹[contempt of court proceedings or criminal sanctions] ²[conditions of release¹ instead of] ³pretrial release by non-monetary³ means ³[other than² financial loss ², such as conditions of release,²]³ to ¹[ensure]  reasonably assure^{1 3}[the] an eligible^{3 2}defendant's² appearance ²[of the defendant, that the defendant will not pose a danger to] in court when required, the protection of the safety of² any ²other² person or the community, ²that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process,² and that the ³eligible³ defendant will comply with all conditions of ¹[bail] release^{1 2}, while authorizing the court ³, upon motion of a prosecutor,³ to order pretrial detention of the ³eligible³ defendant when it finds clear and convincing evidence that no condition or combination of conditions can reasonably assure the effectuation of these goals².  Monetary bail ²[shall] may² be set ³for an eligible defendant^{3 1}only ³[after ²[a] the² defendant's commitment to jail and¹]³ when it is determined that no other conditions of release will reasonably assure the ³eligible³ defendant's appearance in court ¹[and that the defendant does not present a danger to any person or the community]^{1 2}when required². 

     ¹For the purposes of sections ³[2] 1³ through 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), " ³eligible³ defendant" shall mean a person ³[who is arrested on warrant] for whom a complaint-warrant is issued³ for an initial charge involving an indictable offense or a disorderly persons offense unless otherwise provided in sections ³[2] 1³ through 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).¹

 

     ¹[2. (New section)  Upon the appearance before a court of a defendant charged with an offense, the court shall issue an order that the defendant be:

     a.    released on conditions including the execution of a bail bond pursuant to subsection b. of section 3 of P.L.     , c.      (C.       ) (pending before the Legislature as this bill);  

     b.    released on his own personal recognizance; or

     c.    detained pursuant to section 4 of P.L.     , c.      (C.       ) (pending before the Legislature as this bill).]¹

 

     ³[¹3.] 2.³ (New section) ³[For any] a. An eligible³ defendant ³[committed to jail, the] , following the issuance of a complaint-warrant pursuant to the conditions set forth under subsection c. of this section, shall be temporarily detained to allow the Pretrial Services Program to prepare a risk assessment with recommendations on conditions of release pursuant to section 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) and for the court to issue a pretrial release decision.

     b. (1) Except as otherwise provided under sections 4 and 5 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), the³ court ³, pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill),³ shall make a pretrial release decision for the ³eligible³ defendant without unnecessary delay, but in no case later than 48 hours after the ³eligible³ defendant's commitment to jail.  ³The court shall consider the Pretrial Services Program's risk assessment and recommendations on conditions of release before making any pretrial release decision for the eligible defendant.

     (2)³ After considering ³all³ the ³[defendant's]³ circumstances ³[and] ,³ the Pretrial Services Program's risk assessment and ³[recommendation] recommendations³ on conditions of release ³[completed pursuant to section 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)] , and any information that may be provided by a prosecutor or the eligible defendant³ , the court shall order that the ³eligible³ defendant be:

     ³[a.] (a)³ released on the ³eligible³ defendant's own recognizance or on execution of an unsecured appearance bond; or

     ³[b.] (b)³ released on a non-monetary condition or conditions, with the condition or conditions being the least restrictive condition or combination of conditions that the court determines will reasonably assure the ³eligible^{3  2}defendant's² appearance ²[of the defendant as] in court when² required ²[by the court, or] , the protection of² the safety of any other person ²[and of] or² the community, or ²[both] that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process² ; or

     ³[c.] (c)³ released on monetary bail, other than an unsecured appearance bond, to reasonably assure the ³eligible^{3 2}defendant's² appearance ²[of the defendant as] in court when² required ²[by the court]² , or a combination of monetary bail and non-monetary conditions, to reasonably assure the ³eligible^{3 2}defendant's² appearance ²[of the defendant as] in court when² required ²[by the court, or] , the protection of² the safety of any other person ²[and of] or² the community, or  ²[both] that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process² ; or  

     ³[d.] (d) detained in jail,³ upon motion of the prosecutor, ³[detained in jail]³ pending a pretrial detention hearing pursuant to sections ³[5] 4³ and ³[6] 5³ of P.L.     , c.     (C.       ) (pending before the Legislature as this bill).¹

     ³c.   A law enforcement officer shall not apply for a complaint-warrant except in accordance with guidelines issued by the Attorney General, and a court may not issue a complaint-warrant except as may be authorized by the Rules of Court.

     d.    (1)  A defendant who is charged on a complaint-summons shall be released from custody and shall not be subject to the provisions of sections 1 through 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).

     (2)   (a)  If a defendant who was released from custody after being charged on a complaint-summons pursuant to paragraph (1) of this subsection is subsequently arrested on a warrant for failure to appear in court when required, that defendant shall be eligible for release on personal recognizance or release on bail by sufficient sureties at the discretion of the court.  If monetary bail was not set when an arrest warrant for the defendant was issued, the defendant shall have monetary bail set without unnecessary delay, but in no case later than 12 hours after arrest.  Pursuant to the Rules of Court, if the defendant is unable to post monetary bail, the defendant shall have that bail reviewed promptly and may file an application with the court seeking a bail reduction, which shall be heard in an expedited manner.

     (b)   If the defendant fails to post the required monetary bail set by the court pursuant to this paragraph, the defendant may not be detained on the charge or charges contained in the complaint-summons beyond the maximum term of incarceration or term of probation supervision for the offense or offenses charged.³

 

     ¹[3.] ³[4.¹] 3.³ (New section) ¹[a.]¹ Except as ³otherwise³ provided under ¹[section 4] sections ³[5] 4³ and ³[6¹] 5³ of P.L.      , c.     (C.     ) (pending before the Legislature as this bill) ¹[,] concerning¹ a ¹hearing on ³[the]³ pretrial detention ³[of a defendant]^{3 2},^{2 3}[for any defendant who is committed to jail and] a court shall make, pursuant to this section, a pretrial release decision for an eligible defendant without unnecessary delay, but³ in no case later than 48 hours after ³[that]  the eligible defendant's³ commitment ³[:] to jail.³

     a.    The¹ court shall order the pretrial release of ¹[a] the^{1 3}eligible³ defendant on personal recognizance ¹or on the execution of an unsecured appearance bond¹ when, after considering all the circumstances ³[¹and] ,³ the Pretrial Services Program's risk assessment^{1 3}and recommendations on conditions of release prepared pursuant to section 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)³ , ³and any information that may be provided by a prosecutor or the eligible defendant,³  the court ³[determines] finds³ that ²[a defendant will appear ¹in court¹ as] the release would reasonably assure the ³eligible³  defendant's appearance in court when² required ¹[either before or after conviction and the defendant] , ²[and¹ will not pose a danger to] the protection of the safety of² any ¹other¹ person or the community ¹[, or obstruct or attempt to obstruct justice, and that the defendant will comply with all conditions of release]^{1 2}, and that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process².

     b.    ¹[Except as provided under section 4 of P.L.      , c.     (C.     ) (pending before the Legislature as this bill), if] (1) If^{1 2}[a] the² court ²[determines] does not ³[determine] find³ , after consideration,² that the release described in subsection a. of this section will ²[not]² reasonably ¹[ensure the appearance of the person] assure ²[that]² the ²[defendant will appear] ³eligible³ defendant's appearance² in court^{1 2}[as] when² required ¹,^{1 2}[or will ¹[endanger the safety of] not pose a danger to¹] the protection of the safety of² any other person or the community, ¹[or will not prevent the person from obstructing or attempting to obstruct the criminal justice process,]^{1 2}and that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process,² the court may order the pretrial release of the ¹[person]  ³eligible³ defendant subject to ³[one or more of]³ the following ³[non-monetary conditions¹]³ :

     ¹[(1) subject to the condition that] (a)¹ the ¹[person]  ³eligible³ defendant shall¹ not commit any ¹[crime] offense¹ during the period of release ¹[and] ;

     (b)   the ³eligible³ defendant shall¹ avoid all contact with an alleged victim of the crime ¹;^{1 3}[and]³

     ¹(c) the ³eligible³ defendant shall avoid all contact¹ with ¹[potential] all¹ witnesses ³who may testify concerning the offense that are^{3 1}named in the document authorizing the ³eligible³ defendant's release^{1 3}[who may testify concerning the offense]^{3 1}[; or] ³or in a subsequent court order; and

     (d) any one or more non-monetary conditions as set forth in paragraph (2) of this subsection³ .¹ 

     (2) ¹[subject to] The ³non-monetary³ condition or conditions of a pretrial release ordered by the court pursuant to this ³[subsection] paragraph³ shall be¹ the least restrictive condition, or combination of conditions, that the court determines will reasonably ¹[ensure] assure¹ the ³eligible^{3 2}defendant's² appearance ²[of the ¹[person] defendant¹ as] in court when² required ¹[and] ²[or¹] , the protection of² the safety of any other person ²[and] or² the community, ²[¹or both] and that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process² ,¹ which may include ¹[the condition]¹ that the ¹[person]  ³eligible³ defendant¹:

     (a)   remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is ²[reasonably]² able to ¹[ensure to] ²reasonably² assure¹ the court that the ³eligible³ defendant will appear ³[as] in court when³ required ²[and] ,² will not pose a danger to the safety of any other person or the community ², and will not obstruct or attempt to obstruct the criminal justice process² ;

     (b)   maintain employment, or, if unemployed, actively seek employment;

     (c)   maintain or commence an educational program;

     (d)   abide by specified restrictions on personal associations, place of abode, or travel;

     (e)   report on a regular basis to a designated law enforcement agency, ¹or other agency, or¹ pretrial services ¹[agency, or other agency] program¹;

     (f)   comply with a specified curfew;

     (g)   refrain from possessing a firearm, destructive device, or other dangerous weapon;

     (h)   refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner;

     (i)   undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;

     (j)   return to custody for specified hours following release for employment, schooling, or other limited purposes;

     (k) ³be placed in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device.  The court may order the eligible defendant to pay all or a portion of the costs of the electronic monitoring, but the court may waive the payment for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs; or

     (l)³ satisfy any other condition that is ¹[reasonably]¹ necessary to ¹[ensure] ²[reasonable] reasonably² assure¹ the ³eligible^{3 2}defendant's² appearance ²[of the ¹[person] defendant¹ as] in court when² required ¹[and to ensure] ²[or¹] , the protection of² the safety of any other person ²[and] or² the community ¹, ²[or both¹] and that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process^{2 3}[; or

     (l)   be placed in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device.  The ¹court may order the defendant to pay all or a portion of the¹ costs ¹[attributable to] of¹ the electronic monitoring ¹[of an offender shall be borne by the Pretrial Services Unit in the county in which the defendant resides]^{1 2}, and the court may waive the payment for a defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs²]³ .

     c.    ¹[Except as provided under section 4 of P.L.      , c.     (C.     ) (pending before the Legislature as this bill), if] (1) If the court ²[determines] does not ³[determine] find³ , after consideration,² that the release described in subsection a. or b. of this section will ²[not]² reasonably assure ²[that]² the ²[defendant will appear] ³eligible³ defendant's appearance² in court ²[as] when² required, the court may order the pretrial release of the ³eligible³ defendant on monetary bail, other than an unsecured appearance bond.  The court may only impose ³[a financial condition set forth in] monetary bail pursuant to³ this subsection to reasonably assure the ³eligible³ defendant's appearance.   The court shall not impose the ³[condition] monetary bail³ to reasonably assure the ²protection of the² safety of any other person or ²[of]² the community ²or that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process² , or ³[impose the condition]³ for the purpose of preventing the release of the ³eligible³ defendant.

     (2) ³If the eligible defendant is unable to post the monetary bail imposed by the court pursuant to this subsection, and for that reason remains detained in jail, the provisions of section 8 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall apply to the eligible defendant.^{3 2}[If a defendant is unable to initially post monetary bail after being set by the court, nothing in sections 2 through 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall preclude, at any time thereafter, a defendant from posting the monetary bail previously set by the court to secure pretrial release from jail.

     (3)]^{2 3}[Nothing in sections 2 through 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall preclude the court from modifying the amount of monetary bail set pursuant to this subsection, whether or not this modification is done in combination with a court's ordering of one or more non-monetary conditions for pretrial release as set forth in subsection d. of this section.]³

     d. ³(1)³ If¹ the court ²[determines] does not ³[determine] find³ , after consideration,² that the ¹[conditions under] release described in¹ subsection ¹a.,¹ b. ¹, or c.¹ will ²[not]² reasonably ¹[ensure the appearance of the person] assure ²[that]² the ²[defendant will appear] ³eligible³ defendant's appearance² in court^{1 2}[as] when² required ¹,^{1 2}[or]^{2 1}[will endanger]^{1 2}the protection of² the safety of any other person or the community, ¹[or will not prevent the person from obstructing or attempting to obstruct the criminal justice process,]^{1  2}and that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process,² the court may ¹[set bail for the offense charged in accordance with current statutory law and court rule] order the pretrial release of the ³eligible³ defendant using a combination of ³[monetary bail and]³ non-monetary conditions as set forth in ³[subsections] subsection³ b. ³of this section,³ and ³monetary bail as set forth in subsection³ c. of this section¹.

     ³(2) If the eligible defendant is unable to post the monetary bail imposed by the court in combination with non-monetary conditions pursuant to this subsection, and for that reason remains detained in jail, the provisions of section 8 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall apply to the eligible defendant.³

     ¹[d. The court may at any time amend an order made pursuant to this section to impose additional or different conditions of release.  The court may not impose a financial condition that results in the pretrial detention of the person.]¹

     ²e.   For purposes of the court's consideration for pretrial release described in ³[subsections a., b., and d. of]³ this section, with respect to whether the particular ³[form] method³ of release will reasonably assure that the  ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process, this reasonable assurance may be deemed to exist if the prosecutor does not provide the court with information relevant to the risk of whether the ³eligible³ defendant will obstruct or attempt to obstruct the criminal justice process.²

 

     ¹[4.] ³[5.¹] 4.³ (New section)  a. ³(1)³ The court may order ³, before trial,³ the detention of ³[a] an eligible³  defendant ¹charged with ³[a] any³ crime^{1 2}, or ³[an] any³ offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19),^{2 3}[before trial] enumerated in subsection a. of section 5 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill),³ if ²[,] ³[a] the³ prosecutor seeks the pretrial detention of the ³eligible³ defendant under section ³[6] 5³ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) ³[,]³ and² after a hearing pursuant to ¹[the]^{1  2}that² section ¹[5] ²[6.¹ of P.L.      , c.     (C.     ) (pending before the Legislature as this bill),]² the court ¹[is clearly convinced] finds clear and convincing evidence¹ that no amount of ¹[sureties] monetary bail¹, non-monetary conditions of pretrial release or combination of ¹[sureties] monetary bail¹ and conditions would ¹[ensure] reasonably assure¹ the ³eligible³ defendant's appearance ²[as] in court when² required, ²[protect] the protection of² the safety of any ¹other¹ person or ²[of]² the community, ²[or prevent] and that² the ³eligible³ defendant ²[from obstructing or attempting] will not obstruct or attempt² to obstruct the criminal justice process. ¹The court may also order the pretrial detention of ³[a] an eligible³ defendant when ²[a] the prosecutor moves for a pretrial detention hearing and the^{2 3}eligible³ defendant fails to rebut a presumption of pretrial detention that may be established for the crimes enumerated under subsection b. of section ³[6] 5³ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).¹

     ³(2) For purposes of ordering the pretrial detention of an eligible defendant pursuant to this section and section 5 of P.L    , c.   (C.   ) (pending before the Legislature as this bill) or pursuant to section 10 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), when determining whether no amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may consider the amount of monetary bail only with respect to whether it will, by itself or in combination with non-monetary conditions, reasonably assure the eligible defendant's appearance in court when required.³

     b.    ²[Except ¹[where] for] Regarding the pretrial detention hearing moved for by the prosecutor, except for² when^{1 3}[a] an eligible³ defendant ²is² charged with a crime ²[is subject to a hearing upon the motion of the prosecutor ¹[or upon the court's own motion]¹ as]² set forth under ¹[paragraphs (1) and (2) of]^{1 2}paragraph (1) ³or (2)³ of^{2 3}[subsection a. ²or]³ subsection b.² of section ¹[5] ³[6.¹] 5³ of P.L.     , c.     (C.     ) (pending before the Legislature as this bill), there shall be a rebuttable presumption that some amount of ¹[sureties] monetary bail¹, non-monetary conditions of pretrial release or combination of ¹[sureties] monetary bail¹ and conditions would ¹[ensure] reasonably assure¹ the ³eligible³ defendant's appearance ²[as] in court when² required, ²[protect] the protection of² the safety of ¹any other person or ²[of¹]² the community, and ²[prevent] that² the ³eligible³ defendant ²[from obstructing or attempting] will not obstruct or attempt² to obstruct the criminal justice process. 

     c.    ³[A] An eligible³ defendant ¹[shall have the right to] may¹ appeal an order of ¹pretrial¹ detention ¹[before trial to the Appellate Division of the Superior Court, which may make a determination as to whether an amount of sureties, non-monetary conditions of pretrial release or combination of sureties and conditions would assure the defendant's appearance as required, protect the safety of any person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process. An appeal filed under this subsection] pursuant to the Rules of Court.  The appeal¹ shall be heard ¹[and decided no later than 30 days following the initial order of detention] in an expedited manner.  The ³eligible³ defendant shall be detained pending the disposition of the appeal¹.

     ³d. If the court does not order the pretrial detention of an eligible defendant at the conclusion of the pretrial detention hearing under this section and section 5 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), the court shall order the release of the eligible defendant pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).³

 

     ¹[5.] ³[6.¹] 5.³ (New section)  a.  ¹A prosecutor may file a motion with the court at any time ³[subject to the limitations set forth in subsection d. of this section]³ , including any time before or after ³[a] an eligible³ defendant's release pursuant to section ³[4] 3³ of P.L.      , c.     (C.     ) (pending before the Legislature as this bill), seeking the pretrial detention of ³[any] an eligible³ defendant for:

     (1)   any crime of the first or second degree enumerated under subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);

     (2)   any crime for which the ²[maximum sentence is] ³eligible³ defendant would be subject to an ordinary or extended term of² life imprisonment;

     (3)   any crime if the ³eligible³ defendant has been convicted of two or more offenses under paragraph (1) or (2) of this subsection;  

     (4)   any crime ²[involving a] enumerated under paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) or crime involving human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.) when the² victim ²[who]² is a minor ², or the crime of endangering the welfare of a child under N.J.S.2C:24-4² ; 

     (5)   any crime enumerated under subsection c. of N.J.S.2C:43-6; ²[or]²

     (6) ²any crime or offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or

     (7)² any other crime for which the prosecutor believes there is a serious risk that:

     (a)   the ³eligible³ defendant will not appear in court as required; 

     (b)   the ³eligible³ defendant will pose a danger to any other person or the community; or 

     (c)   the ³eligible³ defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.    

     b.    When a motion for pretrial detention is filed pursuant to subsection a. of this section, there shall be a rebuttable presumption that the ³eligible³ defendant shall be detained pending trial because no amount of monetary bail, non-monetary condition or combination of monetary bail and conditions would reasonably assure ³the eligible defendant's appearance in court when required, the protection of³ the safety of any other person or the community, ³and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process,³ if the court finds probable cause that the ³eligible³ defendant: 

     (1)   committed murder pursuant to N.J.S.2C:11-3; or

     (2)   committed any crime for which the ²[maximum sentence is] ³eligible³  defendant would be subject to an ordinary or extended term of² life imprisonment.

     c.¹   A court shall hold a hearing to determine whether any ¹[condition] amount of monetary bail or non-monetary conditions¹ or combination of ¹monetary bail and¹ conditions ¹, including those¹ set forth under subsection b. of section ¹[3] ³[4.¹] 3³ of P.L.      , c.     (C.     ) (pending before the Legislature as this bill) will ¹[ensure] reasonably assure¹ the ³eligible³ defendant's appearance ²[as] in court when² required, ²[protect] the protection of² the safety of any ¹other¹ person or ²[of]² the community, ²[or prevent] and that² the ³eligible³ defendant ²[from obstructing or attempting] will not obstruct or attempt² to obstruct the criminal justice process ¹[:

     (1)   Upon motion of the prosecutor in a case that involves:

     (a)   a crime enumerated under subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);

     (b)   an offense for which the maximum sentence is life imprisonment;

     (c)   any indictable offense if the defendant has been convicted of two or more offenses under paragraph (1) or (2) of this subsection. 

     (d)   any indictable offense where the victim is a minor; or

     (e)   any indictable offense enumerated under subsection c. of N.J.S.2C:43-6.

     (2)   Upon motion of the prosecutor or upon the court's own motion, in a case that involves a serious risk:

     (a)   that the defendant will flee;

     (b)   that the defendant will pose a danger to any person or the community; or

     (c)   that the defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.  

     b.    The] ².²

     d. ³(1)³ Except as otherwise provided in this subsection, the pretrial detention¹ hearing shall be held ¹[immediately upon] no later than¹ the ³eligible³ defendant's first appearance unless the ³eligible³ defendant, or the prosecutor, seeks a continuance.  ¹If a prosecutor files a motion for pretrial detention after the ³eligible³ defendant's first appearance has taken place or if ³[there is]³ no first appearance ³is required³ , the court shall schedule the pretrial detention hearing to take place within three working days of the date on which the prosecutor's motion was filed, unless the prosecutor or the ³eligible³ defendant seeks a continuance.¹  Except for good cause, a continuance on motion of the ³eligible³ defendant may not exceed five days, not including any intermediate Saturday, Sunday, or legal holiday.  Except for good cause, a continuance on motion of the prosecutor may not exceed three days, not including any intermediate Saturday, Sunday, or legal holiday.

     ¹[During a] ³(2)³ Upon the filing of a motion by the prosecutor seeking the pretrial detention of the ³eligible³ defendant and during any¹ continuance ¹that may be granted by the court¹, the ³eligible³ defendant shall be detained ¹[, and the] in jail ³, unless the eligible defendant was previously released from custody before trial, in which case the court shall issue a notice to appear to compel the appearance of the eligible defendant at the detention hearing³ .  The¹ court, on motion of the prosecutor or sua sponte, may order that, while in custody, ³[a] an eligible³ defendant who appears to be a drug dependent person receive an assessment to determine whether that ³eligible³ defendant is drug dependent.  ³[¹If the defendant was previously released ²from custody before trial² , the court shall issue a notice to appear to compel the appearance of the defendant at the detention hearing.¹]³

     ¹[c.] e. (1)¹ At the ¹pretrial detention¹ hearing, the ³eligible³ defendant has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The ³eligible³ defendant shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. ¹[The facts the court uses to support a]  

     (2)   In pretrial detention proceedings for which there is no indictment, the prosecutor shall establish probable cause that the ³eligible³ defendant committed the predicate offense. A presumption of pretrial detention as provided in subsection b. of this section may be rebutted by proof provided by the ³eligible³ defendant, the prosecutor, or from other materials submitted to the court. The standard of proof for a rebuttal of the presumption of pretrial detention shall be a preponderance of the evidence. If proof cannot be established to rebut the presumption, the court may order the ³eligible³ defendant's pretrial detention. If the presumption is rebutted by sufficient proof, the prosecutor shall have the opportunity to establish that the grounds for pretrial detention exist pursuant to this section.  

     (3)   Except when ³[a] an eligible³ defendant has failed to rebut a presumption of pretrial detention ³pursuant to subsection b. of this section³ , the court's¹ finding ¹to support an order of pretrial detention¹ pursuant to section ¹[4] ³[5¹] 4³ of P.L.      , c.     (C.     ) (pending before the Legislature as this bill) that no ¹[condition] amount of monetary bail, non-monetary conditions¹ or combination of  ¹monetary bail and¹ conditions will reasonably ¹[ensure] assure¹ the ³eligible³ defendant's appearance ²[as] in court when² required, ²[protect] the protection of² the safety of any ¹other¹ person or ²[of]² the community, ²[or prevent] and that² the ³eligible³ defendant ²[from obstructing or attempting] will not obstruct or attempt² to obstruct the criminal justice process shall be supported by clear and convincing evidence. ¹[The defendant may be detained pending completion of the hearing.]¹

     ¹[d.] f.¹ The hearing may be reopened, before or after a determination by the court, at any time before trial, if the court finds that information exists that was not known to the ¹[movant] prosecutor or the ³eligible³ defendant¹ at the time of the hearing and that has a material bearing on the issue ³of³ whether there are conditions of release that will reasonably ¹[ensure] assure¹ the ³eligible³ defendant's appearance ²[as] in court when² required, ²[protect] the protection of² the safety of any ¹other¹ person or ²[of]² the community, or ²[prevent] that² the ³eligible³ defendant ²[from obstructing or attempting] will not obstruct or attempt² to obstruct the criminal justice process.

 

     ¹[6.] ³[7.¹] 6.³      (New section) In determining ¹in a pretrial detention hearing¹ whether no amount of ¹[sureties] monetary bail¹, non-monetary conditions ¹[of pretrial release,]¹ or combination of ¹[sureties] monetary bail¹ and conditions would ¹[ensure] reasonably assure¹ the ³eligible³ defendant's appearance ²[as] in court when² required, ²[protect] the protection of² the safety of any ¹other¹ person or ²[of]² the community, or ²[prevent] that² the ³eligible³ defendant ²[from obstructing or attempting] will not obstruct or attempt² to obstruct the criminal justice process, the court ¹[shall] may¹ take into account ¹[the available]¹ information concerning:

     a.    The nature and ³[circumstance] circumstances³ of the offense charged ³[, including whether the offense is a crime ²or offense² enumerated under ¹[subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2), is an indictable offense where the victim is a minor, or involves a firearm, explosive, or destructive device] paragraphs (1) through ²[(5)] (6)² of subsection a. of section 6 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹]³;

     b.    The weight of the evidence against the ³eligible³ defendant, except that the court may consider the admissibility of any evidence sought to be excluded;

     c.    The history and characteristics of the ³eligible³ defendant, including:

     (1)   the ³eligible³ defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and

     (2)   whether, at the time of the current offense or arrest, the ³eligible³ defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal ¹[or State]¹ law ¹, or the law of this or any other state¹;

     d.    The nature and seriousness of the danger to any ¹other¹ person or the community that would be posed by the ¹[person's] ³eligible³ defendant's¹ release ³, if applicable³ ;

     e.    ²The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the ³eligible³ defendant's release ³, if applicable³ ; and

     f.² The release recommendation of the pretrial services ¹[agency] program¹ obtained using a ¹[validated]¹ risk assessment instrument under section ¹[9] 11¹ of P.L.      , c.     (C.     ) (pending before the Legislature as this bill).

 

     ¹[7. (New section)  a.  If a defendant is released on personal recognizance or released on conditions pursuant to section 3 of P.L.      , c.     (C.     ) (pending before the Legislature as this bill), the court shall:

     (1)   include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and

     (2)   advise the defendant of:

     (a)   the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; and

     (b)   the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest.

     b.    If the court disapproves a recommendation made in a validated risk assessment instrument when setting release conditions, the release order shall include a written explanation.]¹

     ³[8.] 7.³ (New section)  a.  In a ¹pretrial¹ detention order issued pursuant to ¹[section 4] sections ³[5] 4³ and ³[6¹] 5³ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), the court shall:

     (1)   include written findings of fact and a written statement of the reasons for the detention; and

     (2)   direct that the ¹[person] ³eligible³ defendant¹ be afforded reasonable opportunity for private consultation with counsel.

     b.    The court may, by subsequent order, permit the temporary release of the ¹[person] ³eligible³ defendant¹ subject to appropriate restrictive conditions, which may include but shall not be limited to ¹[State] pretrial¹ supervision, to the extent that the court determines ³[such] the³ release to be necessary for preparation of the ¹[person's] ³eligible³ defendant's¹ defense or for another compelling reason.

 

     ³8.   (New section) a. Concerning an eligible defendant subject to pretrial detention as ordered by a court pursuant to sections 4 and 5 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) or an eligible defendant who is detained in jail due to the inability to post the monetary bail imposed by the court pursuant to subsection c. or d. of section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     (1)   (a) The eligible defendant shall not remain detained in jail for more than 90 days, not counting excludable time for reasonable delays as set forth in subsection b. of this section, prior to the return of an indictment.  If the eligible defendant is not indicted within that period of time, the eligible defendant shall be released from jail unless, on motion of the prosecutor, the court finds that a substantial and unjustifiable risk to the safety of any other person or the community or the obstruction of the criminal justice process would result from the eligible defendant's release from custody, so that no appropriate conditions for the eligible defendant's release could reasonably address that risk, and also finds that the failure to indict the eligible defendant in accordance with the time requirement set forth in this subparagraph was not due to unreasonable delay by the prosecutor.  If the court finds that a substantial and unjustifiable risk to the safety of any other person or the community or the obstruction of the criminal justice process would result, and also finds that the failure to indict the eligible defendant in accordance with the time requirement set forth in this subparagraph was not due to unreasonable delay by the prosecutor, the court may allocate an additional period of time, not to exceed 45 days, in which the return of an indictment shall occur.  Notwithstanding the court's previous findings for ordering the eligible defendant's pretrial detention, or if the court currently does not find a substantial and unjustifiable risk or finds unreasonable delay by the prosecutor as described in this subparagraph, the court shall order the release of the eligible defendant pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).

     (b)  If the eligible defendant is charged or indicted on another matter resulting in the eligible defendant's pretrial detention, the time calculations set forth in subparagraph (a) of this paragraph for each matter shall run independently.

     (2)   (a) An eligible defendant who has been indicted shall not remain detained in jail for more than 180 days on that charge following the return or unsealing of the indictment, whichever is later, not counting excludable time for reasonable delays as set forth in subsection b. of this section, before commencement of the trial.  If the trial does not commence within that period of time, the eligible defendant shall be released from jail unless, on motion of the prosecutor, the court finds that a substantial and unjustifiable risk to the safety of any other person or the community or the obstruction of the criminal justice process would result from the eligible defendant's release from custody, so that no appropriate conditions for the eligible defendant's release could reasonably address that risk, and also finds that the failure to commence trial in accordance with the time requirement set forth in this subparagraph was not due to unreasonable delay by the prosecutor.  If the court finds that a substantial and unjustifiable risk to the safety of any other person or the community or the obstruction of the criminal justice process would result, and also finds that the failure to commence trial in accordance with the time requirement set forth in this subparagraph was not due to unreasonable delay by the prosecutor, the court may allocate an additional period of time in which the eligible defendant's trial shall commence. Notwithstanding the court's previous findings for ordering the eligible defendant's pretrial detention, or if the court currently does not find a substantial and unjustifiable risk or finds unreasonable delay by the prosecutor as described in this subparagraph, the court shall order the release of the eligible defendant pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).  Notwithstanding any other provision of this section, an eligible defendant shall be released from jail pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) after a release hearing if, two years after the court's issuance of the pretrial detention order for the eligible defendant, excluding any delays attributable to the eligible defendant, the prosecutor is not ready to proceed to voir dire or to opening argument, or to the hearing of any motions that had been reserved for the time of trial.

     (b)   (i)  For the purposes of this paragraph, a trial is considered to have commenced when the court determines that the parties are present and directs them to proceed to voir dire or to opening argument, or to the hearing of any motions that had been reserved for the time of trial.

     (ii) The return of a superseding indictment against the eligible defendant shall extend the time for the trial to commence.

     (iii) If an indictment is dismissed without prejudice upon motion of the eligible defendant for any reason, and a subsequent indictment is returned, the time for trial shall begin running from the date of the return of the subsequent indictment.

     (iv) A trial ordered after a mistrial or upon a motion for a new trial shall commence within 120 days of the entry of the order of the court.  A trial ordered upon the reversal of a judgment by any appellate court shall commence within 120 days of the service of that court's trial mandate.

     (c)   If the eligible defendant is indicted on another matter resulting in the eligible defendant's pretrial detention, the time calculations set forth in this paragraph for each matter shall run independently.

     b.     (1) The following periods shall be excluded in computing the time in which a case shall be indicted or tried:

     (a)   The time resulting from an examination and hearing on competency and the period during which the eligible defendant is incompetent to stand trial or incapacitated;

     (b)   The time from the filing to the disposition of an eligible defendant's application for supervisory treatment pursuant to N.J.S.2C:36A-1 or N.J.S.2C:43-12 et seq., special probation pursuant to N.J.S.2C:35-14, drug or alcohol treatment as a condition of probation pursuant to N.J.S.2C:45-1, or other pretrial treatment or supervisory program;

     (c)   The time from the filing to the final disposition of a motion made before trial by the prosecutor or the eligible defendant;

     (d)   The time resulting from a continuance granted, in the court's discretion, at the eligible defendant's request or at the request of both the eligible defendant and the prosecutor;

     (e)   The time resulting from the detention of an eligible defendant in another jurisdiction provided the prosecutor has been diligent and has made reasonable efforts to obtain the eligible defendant's presence;

     (f)   The time resulting from exceptional circumstances including, but not limited to, a natural disaster, the unavoidable unavailability of an eligible defendant, material witness or other evidence, when there is a reasonable expectation that the eligible defendant, witness or evidence will become available in the near future;

     (g)   On motion of the prosecutor, the delay resulting when the court finds that the case is complex due to the number of defendants or the nature of the prosecution;

     (h)   The time resulting from a severance of codefendants when that severance permits only one trial to commence within the time period for trial set forth in this section;

     (i) The time resulting from an eligible defendant's failure to appear for a court proceeding;

     (j)   The time resulting from a disqualification or recusal of a judge;

     (k)   The time resulting from a failure by the eligible defendant to provide timely and complete discovery;

     (l) The time for other periods of delay not specifically enumerated if the court finds good cause for the delay; and

     (m) Any other time otherwise required by statute.

     (2) The failure by the prosecutor to provide timely and complete discovery shall not be considered excludable time unless the discovery only became available after the time set for discovery.³

 

     ¹9.   (New section)  a. ²(1)² If ³[a] an eligible³ defendant is released ²from jail pursuant to section  ³[1] 3 or 8³ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), ³[or after a pretrial release hearing² pursuant to section 4 of P.L.      , c.     (C.     ) (pending before the Legislature as this bill), or after a pretrial detention hearing pursuant to sections 5 and 6 of P.L.    , c.   (C.       ) (pending before the Legislature as this bill),]³ the court shall, in the document authorizing the ³eligible³ defendant's release, notify the ³eligible³ defendant of:

     ²[(1)] (a)² all the conditions, if any, to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the ³eligible³ defendant's conduct; and

     ²[(2)] (b)² the penalties for ³and other consequences of³ violating a condition of release, ³[including the penalties for committing an offense while on pretrial release, and the consequences of violating a condition of release,]³ which may include the immediate issuance of a warrant for the ³eligible³ defendant's arrest.

     ²[b.] The failure of the court to notify the ³eligible³ defendant of any penalty or consequence for violating a condition of release as required by this subparagraph shall not preclude any remedy authorized under the law for any violation committed by the   ³eligible³ defendant.

     (2)² If the court ³[disapproves] enters an order that is contrary to³ a recommendation made in a risk assessment when ³determining a method of release or³ setting release conditions, the court shall provide an explanation in the document ³[authorizing] that authorizes³ the ³eligible³ defendant's release.¹

     ²b.   Notwithstanding any law to the contrary, ³[a] an eligible³ defendant who is released from jail on personal recognizance or subject only to non-monetary conditions pursuant to section ³[1] 3 or 8³ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) ³[after remaining detained in jail, or after a pretrial release hearing pursuant to section 4 of P.L.      , c.     (C.     ) (pending before the Legislature as this bill), or after a pretrial detention hearing pursuant to sections 5 and 6 of P.L.    , c.   (C.       ) (pending before the Legislature as this bill),]³ shall not be assessed any fee or other monetary assessment related to processing the ³eligible³ defendant's release.²

 

     ¹[9.] 10.¹   (New section) ¹[a. When] Upon motion of a prosecutor, when^{1 3}[a] an eligible³ defendant ²[charged with a crime enumerated in ¹[paragraph] paragraphs¹ (1) ¹through (5)¹ of subsection a. of section ¹[5] 6¹ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)]² is released from custody before trial ³pursuant to section 3 or 8 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)³ , the court, upon a finding that the ³eligible³ defendant while on release has ¹[willfully]¹ violated a restraining order or condition of release ²[designed to protect any ¹other¹ person or the safety of the community]², or upon a finding of probable cause to believe that the ³eligible³ defendant has committed a new crime ¹[of the first or second degree]¹ while on release, may ²[¹modify the defendant's condition of release, or¹]^{2 3}not³ revoke the ³eligible³ defendant's release and order that the ³eligible³ defendant be detained pending trial ³[provided that] unless³ the court ¹[is clearly convinced] ², ³after³ considering all relevant circumstances including but not limited to the nature and seriousness of the violation or criminal act commited,² finds clear and convincing evidence¹ that no ¹[condition] monetary bail, non-monetary conditions of release¹ or combination of  ¹monetary bail and¹ conditions ¹[that the defendant is likely to abide by]¹ would reasonably ¹[protect] assure^{1 2}the ³eligible³ defendant's appearance in court when required, the protection of² the safety of ¹any other person or ²[of¹]²  the community ¹[or any person]^{1 2}, or that the ³eligible³ defendant will not obstruct or attempt to obstruct the criminal justice process².

     ¹[b. In addition to revocation of release as authorized by this section, a violation of a condition of pretrial release imposed pursuant to subsection b. of section 3 of P.L.    , c.   (C.       ) (pending before the Legislature as this bill) or any other law, may subject the defendant to civil contempt, criminal contempt, forfeiture of bail, or any combination of these sanctions and any other sanctions authorized by law.]¹

 

     ¹[10.] 11.¹ (New section)  a.  The Administrative Director of the ¹[Administrative Office of the]¹ Courts shall establish and maintain a ¹Statewide¹ Pretrial Services ¹[Unit in each county] Program¹ which shall provide pretrial ¹[release investigation]¹ services to effectuate the purposes of ¹sections  ³[2] 1³ through 11 of¹  P.L.    , c.    (C.       ) (pending before the Legislature as this bill).

     b.    ¹[The Pretrial Services Unit established under this section shall be supervised by a Chief Pretrial Services Officer appointed by the Administrative Director of the Administrative Office of the Courts.

     c.]¹ The Pretrial Services ¹[Unit] Program¹ shall ¹, ³[within 48 hours of a defendant's commitment to jail,¹] after an eligible defendant is temporarily detained pursuant to subsection a. of section 2 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) following the issuance of a complaint-warrant,³ conduct ¹[, prior to a bail hearing or first appearance, an] a risk¹ assessment ¹[of all criminal defendants]^{1 3}on that eligible defendant³ for the purpose of making recommendations to the court concerning ¹[the] an¹ appropriate ¹[disposition] pretrial release ³[determination¹] decision³, including whether the ³eligible³ defendant shall be: released on ¹[his] the ³eligible³ defendant's¹ own personal recognizance ¹or on execution of an unsecured appearance bond¹; released ¹on a non-monetary condition or conditions as set forth under subsection b. of section ³[4] 3³ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill); released^{1 3}[upon execution of a] on monetary³ bail ³[bond]^{3 1}, other than an unsecured appearance bond¹; released on a ¹[condition or]¹ combination of ¹monetary bail and non-monetary¹ conditions set forth under ¹[subsection b. of]¹ section ¹[3] ³[4¹] 3³ of P.L.      , c.     (C.     ) (pending before the Legislature as this bill); or any other conditions necessary to effectuate the purposes of ¹sections ³[2] 1³ through 11 of¹ P.L.      , c.   (C.        ) (pending before the Legislature as this bill).  ³The risk assessment shall be completed and presented to the court so that the court can, without unnecessary delay, but in no case later than 48 hours after the eligible defendant's commitment to jail, make a pretrial release decision on the eligible defendant pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).³  

     ¹[d.] c.¹ The pretrial ³risk³ assessment shall be conducted using a ¹[validated]¹ risk assessment instrument ¹[and shall] ³[which may¹ include an examination of the factors set forth in ¹[section 5] sections 4 and 7¹ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)] approved by the Administrative Director of the Courts that meets the requirements of this subsection.

     (1) The approved risk assessment instrument shall be objective, standardized, and developed based on analysis of empirical data and risk factors relevant to the risk of failure to appear in court when required and the danger to the community while on pretrial release³.  ²The risk assessment instrument shall not be required to include factors specifically pertaining to the risk ³[that the defendant will obstruct or attempt] for obstructing or attempting³ to obstruct the criminal justice process.²

     ³(2) The approved risk assessment instrument shall gather demographic information about the eligible defendant including, but not limited to, race, ethnicity, gender, financial resources, and socio-economic status.  Recommendations for pretrial release shall not be discriminatory based on race, ethnicity, gender, or socio-economic status.³

     ¹[e.] d.¹ In addition to the pretrial ³risk³ assessments made pursuant to this section, the Pretrial Services ¹[Unit] Program¹ shall monitor ²[each defendant] appropriate ³eligible³ defendants² released ²on conditions as ordered by the court^{2 3}[pursuant to ¹[subsection b. of]¹ section ¹[3] ²1 or² 4¹ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) ¹[to ensure that the defendant adheres to the condition or combination of the conditions of the defendant's release ordered by] ²[, on non-surety release, including release on personal recognizance, personal bond, unsecured appearance bond, nonmonetary condition or conditions, or cash deposit or percentage deposit with the registry of¹ the court] , or after a pretrial detention hearing pursuant to sections 5 and 6 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), provided that the Pretrial Services Program shall not be required to monitor any defendant who satisfies a financial condition of release ordered by a court pursuant to subsection c. or d. of section 4 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) through a surety bond executed by a company authorized to do so under chapter 31 of Title 17 of the Revised Statutes²]³.

 

     ¹[11.] 12.¹ (New section)  a.  The Supreme Court, subject to the limitations set forth in subsection b. of this section, may adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of funding:

     (1)   ¹[the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates] the development, maintenance and administration of a Statewide Pretrial Services Program¹;

     (2) the development, maintenance and administration of a Statewide digital e-court information system; and

     (3) ¹[the development, maintenance and administration of a Pretrial Services Unit established in each county] the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates¹.

     b.    All existing filing fees and other statutory fees payable to the court on the effective date of this section shall not be increased ¹or supplemented¹ more than $50 in the aggregate for each fee beginning on the effective date of this section.

     c.    As used in ¹sections 12 through 19 of¹ P.L.     , c.    (C.      ) (pending before the Legislature as this bill):

     "Digital e-court information system" shall mean a Statewide integrated system that includes but is not limited to electronic filing, electronic service of process, electronic document management, electronic case management, electronic financial management, and public access to digital court records; and

     "Pretrial ¹[Service Unit] Services Program¹" shall mean the pretrial ¹[service unit] services program¹ established pursuant to section ¹[10] 11¹ of P.L.     , c.    (C.      ) (pending before the Legislature as this bill).

 

     ¹[12.] 13.¹ (New section)  The rules proposed pursuant to section ¹[11] 12¹ of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall be publicly announced by the Supreme Court. On the same day on which the rule or rules are publicly announced, the Supreme Court shall deliver true copies to the President of the Senate, the Speaker of the General Assembly, and the Governor. The Supreme Court shall provide the public with a reasonable opportunity to comment on the proposed rule or rules.  The rule or rules shall take effect on the date provided by the Supreme Court.

 

     ¹[13.] 14.¹  (New section)  a.  There is established in the General Fund a dedicated, non-lapsing fund to be known as the "21st Century Justice Improvement Fund," which shall be credited annually with a sum equal to the revenue to be derived annually from the incremental amount of any filing fees or other statutory fees payable to the court that are revised or supplemented pursuant to ¹sections 12 and 13 of¹ P.L.     , c.    (C.      ) (pending before the Legislature as this bill) and the related fee revisions as provided by operation of N.J.S.22A:2-5 and section 2 of P.L.1993, c.74 (C.22A:5-1).  The fund shall be administered by the State Treasurer.  Interest and other income earned on monies in the fund shall be credited to the fund.  Monies credited to the fund shall be appropriated annually and used exclusively for the purposes of funding:

     (1)   the development, maintenance and administration of a Statewide ¹[digital e-court information system] Pretrial Services Program¹;

     (2)   ¹[the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates; and

     (3)]¹ the development, maintenance and administration of a ¹[Pretrial Services Unit in each county] Statewide digital e-court information system; and

     (3)   the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates¹.

     b.    Any amount remaining in the fund after the appropriation of funds as provided in paragraphs (1), (2) ¹[or] and¹ (3) of subsection a. of this section shall be retained by the Judiciary for the ²[sole]² purpose of developing, maintaining and administering ²the Pretrial Services Program or for² court information technology.  The monies credited to the fund shall not be used for any purpose other than those purposes set forth in ³[¹sections 12 through 19 of¹] this section and section 15 of³ P.L.    , c.     (C.       ) (pending before the Legislature as this bill).

 

     ¹[14.] 15.¹  (New section)  ¹[To the extent that sufficient funds are available, monies] Monies¹ annually credited in the "21st Century Justice Improvement Fund" shall be allocated ¹[pursuant to the following priority] as follows¹:

     a.    ¹[The first]^{1 2}[$15] $22² million credited annually ¹[in] to¹ the fund shall be appropriated annually to the Judiciary to be used to fund the development, maintenance and administration of a ¹Statewide¹ Pretrial Services ¹[Unit in each county] Program¹ established pursuant to section ¹[10] 11¹ of P.L.     , c.     (C.       ) (pending before the Legislature as this bill) ¹[.];¹

     b.    ¹[From amounts remaining in the fund after the appropriation of funds as provided in subsection a. of this section, an amount not exceeding]^{1 2}[$17] $10² million ¹credited annually to the fund¹ shall be appropriated annually to the Judiciary to be used to fund the development, maintenance and administration of a Statewide digital e-court information system ¹[, which appropriations shall include amounts necessary to pay all service charges or other costs assessed by financial institutions or other entities for the use of credit cards, debit cards, electronic funds transfer, or any other method deemed feasible by the Administrative Office of the Courts]¹ .  An appropriation made pursuant to this ¹[section] subsection¹ shall not be used to replace appropriations from other sources for Judiciary information technology ¹[.] ; and¹

     c.    ¹[From amounts remaining in the fund after the appropriation of funds as provided in subsections a. and b. of this section, an amount not exceeding]¹ $10.1 million credited annually ¹[in] to¹ the fund shall be appropriated annually to the Department of the Treasury for distribution to Legal Services of New Jersey and its affiliates to facilitate the provision to the poor of legal assistance in civil matters, which shall supplement other funds as may be appropriated from any other source in a fiscal year for the same purpose.  All State funds distributed to Legal Services of New Jersey shall be used exclusively for the provision to the poor of legal assistance in civil matters.

     d.    ¹[From amounts remaining in the fund after the appropriation of funds as provided in subsections a., b., and c. of this section, an amount not exceeding $10 million shall be appropriated annually to the General Fund.

     e.]¹ Any amount remaining in the fund after the appropriation of funds as provided in subsections a., b., ¹and¹ c. ¹[and d.]¹ of this section shall be retained by the Judiciary for the ²[sole]² purpose of developing, maintaining, and administering ²the Pretrial Services Program or for² court information technology. The monies credited to the fund shall not be used for any purpose other than those purposes set forth in ³[¹sections 12 through 19 of¹] this section and section 14 of³ P.L.    , c.     (C.       ) (pending before the Legislature as this bill).

 

     ¹[15.] 16.¹  Section 6 of P.L.1995, c.325 (C.2B:1-5) is amended to read as follows:

     6.    a.  ¹[(1)]¹ Notwithstanding the provisions of any other law to the contrary, the [Supreme Court, the Superior Court and the Tax Court, and the various municipal and joint municipal courts when permitted by resolution of the appropriate municipal governing bodies, are] ¹[Administrative Director of the Administrative Office of the Courts is] Supreme Court, the Superior Court and the Tax Court, and the various municipal and joint municipal courts when permitted by resolution of the appropriate municipal governing bodies, are¹  authorized to establish systems to accept the payment of ¹[filing fees, administrative charges, fines and penalties imposed for violations of Title 39 of the Revised Statutes,]¹ civil and criminal fines and penalties [and] ¹[, all] and¹ other judicially imposed financial obligations ¹[, and related charges]¹ by ¹credit or debit¹ card based payment, electronic funds transfer, or any other ¹electronic¹ method deemed feasible by the [Supreme Court] ¹[Administrative Office of the Courts] Supreme Court¹.

     ¹[(2)  The various municipal and joint municipal courts, when permitted by resolution of the appropriate municipal governing bodies, are authorized to establish systems to accept the payment of filing fees, administrative charges, fines and penalties imposed for violations of Title 39 of the Revised Statutes, civil and criminal fines and penalties, all other judicially imposed financial obligations, and related charges by card based payment, electronic funds transfer, or any other method deemed feasible by the Administrative Office of the Courts.]¹

     b.    No person or organization that is a defendant in a criminal matter shall be entitled to offer a credit card for the payment of bail or for the payment of fines or penalties related to the imposition of a sentence, for a crime of the first, second or third degree under Title 2C of the New Jersey Statutes.

     c.    If not legally prohibited by an association, financial institution, or [by an] a card issuer, ¹[any court or]¹ the Administrative Office of the Courts ¹, pursuant to the Rules of Court,¹ is authorized to assess [and] , collect ¹,¹ and pay ¹[from receipts]¹ service charges [related to] and other costs ¹[associated with] resulting from¹ the collection of filing fees, administrative fees, judicially imposed financial obligations, and related charges owed to [or collected by] ¹[the] a¹ court when ¹parties process these fees, judicially imposed financial obligations, and related charges using¹ credit cards, debit cards [or] , electronic funds transfer systems, or any other ¹[methods] electronic method¹ deemed feasible by the ¹[Administrative Office of the Courts are utilized] Supreme Court¹. ¹[Alternatively, the Administrative Office of the Courts may pay such] Any¹ service charges and other costs ¹[out of the monies appropriated to the Judiciary] assessed and collected by the Administrative Office of the Courts¹ pursuant to  ¹[subsection b. of] this¹ section ¹[14 of P.L.     , c.     (C.          ) (pending before the Legislature as this bill)] with the exception of those charges or costs assessed and collected on behalf of municipal and joint municipal courts, shall be deposited in the "Court Computer Information System Fund" established by subsection c. of section 1 of P.L.1994, c.54 (C.2B:1-4)¹ .

     d.    The Supreme Court of the State of New Jersey [shall] ¹[may] shall¹ adopt Rules of Court appropriate or necessary to effectuate the purposes of this section.

(cf: P.L.1995, c.325, s.6)

 

     ¹[16.] 17.¹ (New section) ²a.² Not later than the sixth month after the end of each State fiscal year, the Administrative Director of the Courts shall submit a report to the Governor, the President of the Senate, and the Speaker of the General Assembly describing the Judiciary's use of funding pursuant to sections ¹[10] 12¹ through ¹[18] ³[19¹] 15³ of P.L.    , c.    (C.         ) (pending before the Legislature as this bill) and the Judiciary's progress toward the development ¹[and deployment] , maintenance and administration¹ of a Statewide ³[¹Pretrial Services Program and Statewide¹]³ digital e-court information system ¹[and the development and maintenance of the Pretrial Service Unit]¹   .

     ²b. ³[In addition to the information provided by the Administrative Director of the Courts in each annual report pursuant to subsection a. of this section, in the reports submitted next following the fifth and tenth anniversaries of the effective date of sections 1 through 11 of P.L.    , c.   (C.         ) (pending before the Legislature as this bill), the director shall provide information about the impact of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) on the Judiciary's administration of criminal justice] Not later than the sixth month after the end of each State fiscal year, the Administrative Director of the Courts shall submit a report to the Governor, the President of the Senate, the Speaker of the General Assembly, and the Pretrial Services Program Review Commission established by section 20 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) on the development and administration of the Statewide Pretrial Services Program³ .²

 

      ¹[17.] 18.¹  (New section)  Not later than the sixth month after the end of each State fiscal year, Legal Services of New Jersey, through the Department of the Treasury, shall submit to the Governor, the President of the Senate, the Speaker of the General Assembly, and the State Auditor a detailed financial statement describing how funds appropriated in the prior fiscal year pursuant to ³sections 14 and 15 of³ P.L.    , c.    (C.         ) (pending before the Legislature as this bill) were used for the provision to the poor of legal assistance in civil matters.  The use of public funds appropriated to Legal Services of New Jersey shall be subject to oversight by the State Auditor.

 

     ¹[18.] 19.¹ (New section)  a.  The authority of the Supreme Court to revise or supplement filing fees and other statutory fees payable to the court pursuant to sections ¹[11] 12¹ and ¹[12] 13¹ of P.L.    ,  c.    (C.         ) (pending before the Legislature as this bill) shall expire on the first day of the seventh month next following the date of enactment of those sections, except that any filing fees and other statutory fees payable to the court that have been revised or supplemented pursuant to those sections shall continue in effect, subject to the provisions of this section.

      b.    Within 30 days of the fifth anniversary of the effective date of the Rules of Court first adopted pursuant to ¹sections 12 and 13 of¹ P.L.    , c.    (C.         ) (pending before the Legislature as this bill), and additionally within 30 days of the tenth anniversary of that effective date, the Court may review all filing fees and other statutory fees revised or supplemented pursuant to ¹sections 12 and 13 of¹ P.L.    , c.   (C.      ) (pending before the Legislature as this bill) through its rulemaking process, which includes a reasonable opportunity for public comment, to determine if the fees should remain unchanged as originally adopted pursuant to ¹[P.L.    , c.   (C.      ) (pending before the Legislature as this bill)] those sections¹ or be reduced to reflect the funding needs associated with ¹[developing, maintaining and administering the Statewide digital e-court information system; and

     c.    On or after five years following the effective date of the Rules of Court first adopted pursuant to P.L.    , c.    (C.         ) (pending before the Legislature as this bill), if the annual grants provided to Legal Services of New Jersey by the Board of Trustees of the Income on Non-Interest Bearing Lawyers' Trust Accounts (IOLTA) Fund of the Bar of New Jersey, as established and operated pursuant to the Rules of Court, for use by Legal Services of New Jersey and its affiliates, equal or exceed $25 million based on the most currently available information from the Supreme Court or as indicated in the most recently published annual report by the trustees, then beginning with the fiscal year next following the fiscal year in which the grants equaled or exceeded $25 million:

     (1)   The monies to be annually credited to the "21^st Century Justice Improvement Fund" established by section 13 of P.L.    , c.   (C.       ) (pending before the Legislature as this bill) for appropriation to the Department of the Treasury for distribution to Legal Services of New Jersey and its affiliates pursuant to subsection b. of section 4 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) shall no longer be credited to the "21^st Century Justice Improvement Fund."  The remainder of any monies in the "21^st Century Justice Improvement Fund" that exceeds $17 million, as set forth in subsection a. of section 4 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), shall be deposited in the General Fund; and 

     (2)   All filing fees and other statutory fees revised or supplemented pursuant to P.L.    , c.   (C.      ) (pending before the Legislature as this bill) shall be reduced so that the fees payable to the court shall total no more than $17 million annually and, pursuant to subsection a. of section 4 of P.L.   , c.   (C.       ) (pending before the Legislature as this bill), shall be used to fund the development, maintenance and administration of the Statewide digital e-court information system]  the purposes set forth in section 14 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) for which the "21st Century Justice Improvement Fund" provides monies¹.

 

     ³20.  (New section)  a.  There is hereby created, in but not of the Department of Law and Public Safety, a commission to be known as the Pretrial Services Program Review Commission, consisting of 17 members as follows: the Attorney General, or his designee; two members of the Senate, who shall each be of different political parties, appointed by the Senate President; two members of the General Assembly, who shall each be of different political parties, appointed by the Speaker of the General Assembly; the Administrative Director of the Courts, or his designee; two county prosecutors, appointed by the Governor based upon the recommendation of the County Prosecutors Association of the State of New Jersey; the Public Defender, or his designee; the following ex-officio public members: the President of the New Jersey State Conference of the National Association for the Advancement of Colored People, the President of the Latino Action Network, the Executive Director of the American Civil Liberties Union of New Jersey, the New Jersey State Director of the Drug Policy Alliance, and the President and Chief Executive Officer of the New Jersey Institute for Social Justice; and the following appointed public members: a county or municipal law enforcement officer appointed by the Governor, and two additional members having experience with, possessing a background in, or demonstrating a specialized knowledge of, the legal, policy, or social aspects of criminal justice pretrial release and detention programs, one appointed by the Governor upon the recommendation of the President of the Senate, and one appointed by the Governor upon the recommendation of the Speaker of the General Assembly.

     b.    (1) The members' terms shall be as follows:

     (a)   The State and county ex-officio members shall serve during their elective or appointed term of office;

     (b)   The ex-officio public members shall serve during their term of office; and

     (c)   (i) The appointed public members shall each be appointed for a term of three years, except that of the two members with experience, background, or specialized knowledge of criminal justice pretrial release and detention programs first appointed, the member appointed by the Governor upon the recommendation of the Speaker of the General Assembly shall serve for a term of two years, and the member appointed by the Governor upon the recommendation of the Senate President shall serve for a term of three years.

     (ii) Each member appointed shall hold office for the term of appointment and until a successor shall have been appointed and qualified.

     (iii) Any vacancy in the appointed membership of the commission shall be filled by appointment in the same manner as the original appointment was made.

     c.    (1) The commission shall organize as soon as may be practicable upon the ex-officio designation and appointment of a majority of its authorized membership.  The members shall elect one of the members to serve as chair, and one to serve as vice-chair, and the chair may appoint a secretary, who need not be a member of the commission.

     (2)   The commission shall meet at the call of the chair, or when requested by a majority of its members, at those times and places within the State of New Jersey as the chair shall determine.  A majority of the commission's authorized membership shall constitute a quorum for the transaction of any business, including the adoption of any commission recommendations.

     d.    The members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.

     e.    The Division of Criminal Justice in the Department of Law and Public Safety shall, at the direction of the Attorney General, provide legal, stenographic, technical, clerical, and other staff and resource assistance to the commission, and additionally the commission may incur expenses as may be necessary in order to perform its duties within the limits of funds appropriated or otherwise made available to it for its purposes.

     f.     It shall be the duty of the commission to:

     (1) Review the annual report of the Administrative Director of the Courts concerning the development and administration of the Statewide Pretrial Services Program that is submitted to the commission pursuant to subsection b. of section 17 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill);

     (2) Examine the existing law concerning pretrial release and detention established by sections 1 through 11 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill); 

     (3)   Research criminal justice pretrial release and detention programs from other states and jurisdictions; and

     (4)   Make recommendations for legislation related to paragraphs (1) through (3) of this subsection.

     g.    The commission shall report annually to the Governor, to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the Supreme Court, its activities, as well as its findings and recommendations, if any, for legislation.³

 

     ¹[19.] ³[20.¹] 21.  a.³  Sections 1 through ¹[6 and 8 through 9] 11^{1 3}and section 20³ of this act shall take effect ¹[immediately but shall remain inoperative until] ²[on the first day of the 13th month next following¹ the date of approval by the voters of] ³on³ the same day that² a constitutional amendment to Article I, paragraph 11 of the New Jersey Constitution authorizing the courts to deny pretrial release of certain defendants ¹[; sections 7 and 10 of this act shall take effect on the first day of the third month following enactment] ²[and that amendment becoming] ³[, approved by the voters of this State, becomes² part of the New Jersey Constitution as provided by paragraph 6 of Article IX of same¹] takes effect³ ; ²and²  sections ¹[11 and]¹ 12 ¹through 19 of this act¹  shall take ¹[affect] effect¹ immediately ¹[; and sections 13 through 18 shall take effect on July 1, 2014]¹. 

     ³b.   Sections 1 through 11 of this act shall apply to any eligible defendant who is arrested on or after the effective date of those sections, regardless of whether the crime or offense related to the arrest was allegedly committed before, on, or after the effective date of those sections.

     c.    With respect to any delay to the effective date of sections 1 through 11 of this act based on the requirement to amend Article I, paragraph 11 of the New Jersey Constitution as set forth in subsection a. of this section, nothing shall be construed to affect the court's existing authority to revoke pretrial release prior to the effective date of those sections.

     d.    The Supreme Court may adopt Rules of Court and take any administrative action necessary to implement the provisions of this act, including the adoption of rules or anticipatory administrative action in advance of the effective date of sections 1 through 11 of this act as set forth in subsection a. of this section.³  

 

 

                                

 

     Implements constitutional amendment authorizing denial of pretrial release; establishes speedy trial time frames; reforms bail proceedings; adds non-monetary bail alternatives; and authorizes Judiciary to revise fees for these and other court-related programs.