2A:162-20 Information considered in determination of pretrial detention.
441 words·~2 min read·
/nj/title-2a/chapter-162/2a-162-20A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
6. In determining in a pretrial detention hearing 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 take into account information concerning:
a. The nature and circumstances of the offense charged;
b. The weight of the evidence against the eligible defendant, except that the court may consider the admissibility of any evidence sought to be excluded;
c. The history and characteristics of the eligible defendant, including:
(1)the eligible 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 appearances at court proceedings, except with respect to these factors, the court shall not consider 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; and
(2)whether, at the time of the current offense or arrest, the eligible defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law, or the law of this or any other state;
d. The nature and seriousness of the danger to any other person or the community that would be posed by the eligible defendant's release, if applicable;
e. The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the eligible defendant's release, if applicable; and
f. The release recommendation of the pretrial services program obtained using a risk assessment instrument under section 11 of P.L.2014, c.31 (C.2A:162-25). Pretrial services shall recommend no release when a defendant has been charged with 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.
L.2014, c.31, s.6; amended 2021, c.19, s.8; 2022, c.43, s.2.