New Jersey § 2a:162-17

§ 2a:162-17.

Except as otherwise provided under sections 4 and 5 of P.L.2014, c. 31 ( C.2A:162-18 and C.2A:162-19 ) concerning a hearing on pretrial detention, a court shall make, pursuant to this

section, a pretrial release decision for an eligible defendant without unnecessary

delay, but in no case later than 48 hours after the eligible defendant's commitment

to jail. a. Except as otherwise provided in this subsection, the court shall order the pretrial release of the eligible defendant on personal recognizance

or on the execution of an unsecured appearance bond when, after considering all the

circumstances, the Pretrial Services Program's risk assessment and recommendations

on conditions of release prepared pursuant to section 11 of P.L.2014, c. 31 ( C.2A:162-25 ), and any information that may be provided by a prosecutor or the eligible defendant,

the court finds that the release would reasonably assure the eligible defendant's

appearance in court when required, the protection of the safety of any other person

or the community, and that the eligible defendant will not obstruct or attempt to

obstruct the criminal justice process. The presumption of pretrial release pursuant to this subsection shall not apply to

an eligible defendant charged with theft of or unlawful taking of a motor vehicle

or receiving stolen property where the property involved is a motor vehicle if on

one or more prior and separate occasions within the 90-day-period preceding the charge,

the defendant was arrested for or convicted of theft of or unlawful taking of a motor

vehicle; receiving stolen property where the property involved is a motor vehicle;

or a crime under any statute of the United States, this State, or any other state

that is substantially equivalent to any of the crimes enumerated in this subsection. b. (1) If the court does not find, after consideration, that the release described

in subsection a. of this section will reasonably assure the eligible defendant's appearance

in court when required, the protection of the safety of any other person or the community,

and that the eligible defendant will not obstruct or attempt to obstruct the criminal

justice process, the court may order the pretrial release of the eligible defendant

subject to the following: (a) the eligible defendant shall not commit any offense during the period of release; (b) the eligible defendant shall avoid all contact with an alleged victim of the crime; (c) the eligible defendant shall avoid all contact with all witnesses who may testify

concerning the offense that are named in the document authorizing the eligible defendant's

release or in a subsequent court order; and (d) any one or more non-monetary conditions as set forth in paragraph (2) of this

subsection. (2) The non-monetary condition or conditions of a pretrial release ordered by the

court pursuant to this paragraph shall be the least restrictive condition, or combination

of conditions, that the court determines will reasonably assure the eligible defendant's

appearance in court when required, the protection of the safety of any other person

or the community, and that the eligible defendant will not obstruct or attempt to

obstruct the criminal justice process, which may include that the eligible defendant: (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 able to reasonably assure the court that the eligible defendant will appear

in court when required, will not pose a danger to the safety of any other person or

the community, and will not obstruct or attempt to obstruct the criminal justice process; (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, or other agency,

or pretrial services program; (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 unlawful 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) be 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 ) satisfy any other condition that is necessary to reasonably assure the eligible

defendant's appearance in court when required, the protection of the safety of any

other person or the community, and that the eligible defendant will not obstruct or

attempt to obstruct the criminal justice process, which shall not include any prohibition

or restriction concerning manufacturing, distributing, or dispensing, or possessing

or having under control with intent to manufacture, distribute, or dispense, marijuana

or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5 , or possession of marijuana or hashish in violation of paragraph (3) of subsection

a. of N.J.S.2C:35-10 . c. (1) If the court does not find, after consideration, that the release described

in subsection a. or b. of this section will reasonably assure the eligible defendant's

appearance in court when required, the court may order the pretrial release of the

eligible defendant on monetary bail, other than an unsecured appearance bond. The court may only impose monetary bail pursuant to this subsection to reasonably

assure the eligible defendant's appearance. The court shall not impose the monetary bail to reasonably assure 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, or for the

purpose of preventing the release of the eligible defendant. (2) If 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.2014, c. 31 ( C.2A:162-22 ) shall apply to the eligible defendant. d. (1) If the court does not find, after consideration, that the release described

in subsection a., b., or c. will reasonably assure the eligible defendant's appearance

in court when required, the protection of the safety of any other person or the community,

and that the eligible defendant will not obstruct or attempt to obstruct the criminal

justice process, the court may order the pretrial release of the eligible defendant

using a combination of non-monetary conditions as set forth in subsection b. of this

section, and monetary bail as set forth in subsection c. of this section. (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.2014, c. 31 ( C.2A:162-22 ) shall apply to the eligible defendant. e. For purposes of the court's consideration for pretrial release described in this

section, with respect to whether the particular method of release will reasonably

assure that the eligible 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 eligible

defendant will obstruct or attempt to obstruct the criminal justice process.