New Jersey § 2a:162-19

§ 2a:162-19.

a. A prosecutor may file a motion with the court at any time, including any time before

or after an eligible defendant's release pursuant to section 3 of P.L.2014, c. 31 ( C.2A:162-17 ), seeking the pretrial detention of an eligible 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 eligible defendant would be subject to an ordinary or

extended term of life imprisonment; (3) any crime if the eligible defendant has been convicted of two or more offenses

under paragraph (1) or (2) of this subsection; (4) any crime 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 the victim is a minor, or the crime of endangering the welfare of a

child under N.J.S.2C:24-4 ; (5) any crime enumerated under subsection c. of N.J.S.2C:43-6 ; (6) any 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) any other crime for which the prosecutor believes there is a serious risk that: (a) the eligible defendant will not appear in court as required; (b) the eligible defendant will pose a danger to any other person or the community;

or (c) the eligible 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 eligible 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 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, if the court finds probable cause

that the eligible defendant: (1) committed murder pursuant to N.J.S.2C:11-3 ; or (2) committed any crime for which the eligible defendant would be subject to an ordinary

or extended term of life imprisonment. c. A court shall hold a hearing to determine whether any amount of monetary bail or

non-monetary conditions or combination of monetary bail and conditions, including

those set forth under subsection b. of section 3 of P.L.2014, c. 31 ( C.2A:162-17 ) 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. d. (1) Except as otherwise provided in this subsection, the pretrial detention hearing

shall be held no later than the eligible defendant's first appearance unless the eligible

defendant, or the prosecutor, seeks a continuance. If a prosecutor files a motion for pretrial detention after the eligible defendant's

first appearance has taken place or if no first appearance is required, 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

eligible defendant seeks a continuance. Except for good cause, a continuance on motion of the eligible 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. (2) Upon the filing of a motion by the prosecutor seeking the pretrial detention of

the eligible defendant and during any continuance that may be granted by the court,

the eligible defendant shall be detained in jail, 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

hearing. The court, on motion of the prosecutor or sua sponte, may order that, while in custody,

an eligible defendant who appears to be a drug dependent person receive an assessment

to determine whether that eligible defendant is drug dependent. e. (1) At the pretrial detention hearing, the eligible defendant has the right to

be represented by counsel, and, if financially unable to obtain adequate representation,

to have counsel appointed. The eligible 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. (2) In pretrial detention proceedings for which there is no indictment, the prosecutor

shall establish probable cause that the eligible 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 eligible 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

eligible 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 an eligible defendant has failed to rebut a presumption of pretrial

detention pursuant to subsection b. of this section, the court's finding to support

an order of pretrial detention pursuant to section 4 of P.L.2014, c. 31 ( C.2A:162-18 ) that no amount of monetary bail, non-monetary conditions or combination of monetary

bail and conditions 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 shall be supported by clear and convincing evidence. f. 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 prosecutor or the eligible defendant at the time of the hearing and that has a

material bearing on the issue of whether there are conditions of release that will

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. g. When a motion for pretrial detention is filed pursuant to subsection a. of this

section, a pretrial recommendation of no release pursuant to subsection f. of section

6 of P.L.2014, c. 31 ( C.2A:162-20 ) may constitute prima facie evidence to overcome the presumption of release as set

forth in subsection b. of section 4 of P.L.2014, c. 31 ( C.2A:162-18 ), if the court finds probable cause that the eligible defendant committed any crime

for which the eligible defendant would be subject to a mandatory term of imprisonment

pursuant to subsection c. of N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other than a violation of: (1) subsection a. or d. of N.J.S.2C:39-3 ; (2) paragraph (1) or (2) of subsection a. of N.J.S.2C:39-4 ; (3) subsection a. of section 1 of P.L. 1998, c. 26 ( C.2C:39-4.1 ); or (4) paragraph (1) of subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5 .