New Jersey § 2a:162-18

§ 2a:162-18.

a. (1) The court may order, before trial, the detention of an eligible defendant charged

with any crime, or any offense involving domestic violence as defined in subsection

a. of section 3 of P.L.1991, c. 261 ( C.2C:25-19 ), enumerated in subsection a. of section 5 of P.L.2014, c. 31 ( C.2A:162-19 ), if the prosecutor seeks the pretrial detention of the eligible defendant under

section 5 of P.L.2014, c. 31 ( C.2A:162-19 ) and after a hearing pursuant to that section the court finds clear and convincing

evidence that no amount of monetary bail, non-monetary conditions of pretrial release

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, and that the eligible defendant will not obstruct or

attempt to obstruct the criminal justice process. The court may also order the pretrial detention of an eligible defendant when the

prosecutor moves for a pretrial detention hearing and the eligible defendant fails

to rebut a presumption of pretrial detention that may be established for the crimes

enumerated under subsection b. of section 5 of P.L.2014, c. 31 ( C.2A:162-19 ). (2) For purposes of ordering the pretrial detention of an eligible defendant pursuant

to this section and section 5 of P.L.2014, c. 31 ( C.2A:162-19 ) or pursuant to section 10 of P.L.2014, c. 31 ( C.2A:162-24 ), 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. b. Regarding the pretrial detention hearing moved for by the prosecutor, except for

when an eligible defendant is charged with a crime set forth under paragraph (1) or

(2) of subsection b. of section 5 of P.L.2014, c. 31 ( C.2A:162-19 ), there shall be a rebuttable presumption that some amount of monetary bail, non-monetary

conditions of pretrial release 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, and that the eligible

defendant will not obstruct or attempt to obstruct the criminal justice process. c. An eligible defendant may appeal an order of pretrial detention pursuant to the

Rules of Court. The appeal shall be heard in an expedited manner. The eligible defendant shall be detained pending the disposition of the appeal. d. 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.2014, c. 31 ( C.2A:162-19 ), the court shall order the release of the eligible defendant pursuant to section

3 of P.L.2014, c. 31 ( C.2A:162-17 ).