New Jersey § 2a:162-25

§ 2a:162-25.

a. The Administrative Director of the Courts shall establish and maintain a Statewide

Pretrial Services Program which shall provide pretrial services to effectuate the

purposes of sections 1 through 11 of P.L.2014, c. 31 ( C.2A:162-15 et seq. ). b. The Pretrial Services Program shall, after an eligible defendant is temporarily

detained pursuant to subsection a. of section 2 of P.L.2014, c. 31 ( C.2A:162-16 ) following the issuance of a complaint-warrant, conduct a risk assessment on that

eligible defendant for the purpose of making recommendations to the court concerning

an appropriate pretrial release decision, including whether the eligible defendant

shall be: released on the eligible defendant's own personal recognizance or on execution

of an unsecured appearance bond; released on a non-monetary condition or conditions

as set forth under subsection b. of section 3 of P.L.2014, c. 31 ( C.2A:162-17 ); released on monetary bail, other than an unsecured appearance bond; released

on a combination of monetary bail and non-monetary conditions set forth under section

3 of P.L.2014, c. 31 ( C.2A:162-17 ); or any other conditions necessary to effectuate the purposes of sections 1 through

11 of P.L.2014, c. 31 ( C.2A:162-15 et seq. ). The 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.2014, c. 31 ( C.2A:162-17 ). c. The pretrial risk assessment shall be conducted using a risk assessment instrument

approved by the Administrative Director of the Courts that meets the requirements

of this subsection. (1) (a) 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

release. The risk assessment instrument shall not be required to include factors specifically

pertaining to the risk for obstructing or attempting to obstruct the criminal justice

process. (b) The approved risk assessment instrument shall not consider a charge, including

any charge of delinquency, conviction, or adjudication of delinquency, or civil penalty

if the act was an unlawful act and not a crime or offense, based on a violation of

any of the following, as risk factors relevant to the risk of failure to appear in

court when required and the danger to the community while on pretrial release: manufacturing,

distributing, or dispensing, or possessing or having under control with intent to

manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph

(11) of subsection b. of N.J.S.2C:35-5 , or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection

b. of that section; or a violation of either of those paragraphs and a violation

of subsection a. of section 1 of P.L.1987, c. 101 ( C.2C:35-7 ) or subsection a. of section 1 of P.L.1997, c. 327 ( C.2C:35-7.1 ) for distributing, dispensing, or possessing with intent to distribute or dispense,

on or within 1,000 feet of any school property, or on or within 500 feet of the real

property comprising a public housing facility, public park, or public building; or

obtaining, possessing, using, being under the influence of, or failing to make lawful

disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection

a., or subsection b., or subsection c. of N.J.S.2C:35-10 ; or a violation involving marijuana or hashish as described herein and a violation

of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana

or hashish. (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. d. In addition to the pretrial risk assessments made pursuant to this section, the

Pretrial Services Program shall monitor appropriate eligible defendants released on

conditions as ordered by the court.