2C :25-19 Definitions.

2C :25-19  Definitions.

   3.   As used in this act:

   a.   "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor: 

   (1)   Homicide    N.J.S.2C:11-1 et seq.

   (2)   Assault    N.J.S.2C:12-1

   (3)   Terroristic threats  N.J.S.2C:12-3

   (4)   Kidnapping    N.J.S.2C:13-1

   (5)   Criminal restraint    N.J.S.2C:13-2

   (6)   False imprisonment    N.J.S.2C:13-3

   (7)   Sexual assault    N.J.S.2C:14-2

   (8)   Criminal sexual contact  N.J.S.2C:14-3

   (9)   Lewdness    N.J.S.2C:14-4

   (10) Criminal mischief    N.J.S.2C:17-3

   (11) Burglary    N.J.S.2C:18-2

   (12) Criminal trespass    N.J.S.2C:18-3

   (13) Harassment    N.J.S.2C:33-4

   (14) Stalking    P.L.1992, c.209 (C.2C:12-10)

   (15) Criminal coercion    N.J.S.2C:13-5

   (16) Robbery    N.J.S.2C:15-1

   (17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense

   (18) Any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.)

   (19) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)

   When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

   b.   "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.

   c.   "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.

   d.   "Victim of domestic violence" means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant.  "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

   e.   "Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.

   L.1991,c.261,s.3; amended 1994, c.93, s.1; 1994, c.94, s.1; 2015, c.98, s.2; 2016, c.77, s.1.

2C :14-18 Contempt proceedings.

2C :14-18  Contempt proceedings.

   6. a. A respondent's violation of any protective order issued pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) shall constitute an offense under subsection d. of N.J.S.2C:29-9 and each order shall so state. All contempt proceedings brought pursuant to subsection d. of N.J.S.2C:29-9 shall be subject to any rules or guidelines established by the Supreme Court to promote the prompt disposition of criminal matters.

   b.   Where a victim alleges that a respondent has committed contempt of a protective order entered pursuant to the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but a law enforcement officer has found that the facts are insufficient to establish probable cause to arrest the respondent, the law enforcement officer shall advise the victim of the procedure for completing and signing a criminal complaint alleging a violation of subsection d. of N.J.S.2C:29-9 through the municipal court. Nothing in this section shall be construed to prevent the court from granting any other emergency relief it deems necessary.

   c.   If a respondent is charged with a non-indictable offense pursuant to paragraph (2) of subsection d. of N.J.S.2C:29-9 as a result of a violation of a protective order entered pursuant to P.L.2015, c.147 (C.2C:14-13 et al.), the contempt proceedings for the non-indictable offense shall be heard in the Superior Court.

   L.2015, c.147, s.6; amended 2016, c.93, s.2.

2C :14-14 Application for temporary protective order.

2C :14-14  Application for temporary protective order.

   2.   Application for Temporary Protective Order.

   a. (1) Any person alleging to be a victim of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, and who is not eligible for a restraining order as a "victim of domestic violence" as defined by the provisions of subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), may, except as provided in subsection b. of this section, file an application with the Superior Court pursuant to the Rules of Court alleging the commission of such conduct or attempted conduct and seeking a temporary protective order.

   As used in this section and in sections 3, 4, and 8 of P.L.2015, c.147 (C.2C:14-15, C.2C:14-16, and C.2C:14-20):

   "Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.

   "Sexual penetration" means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction.

   "Lewdness" means the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

   "Intimate parts" means the following body parts:  sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

   (2)   Except as provided in subsection b. of this section, an application for relief under P.L.2015, c.147 (C.2C:14-13 et al.) may be filed by the alleged victim's parent or guardian on behalf of the alleged victim in any case in which the alleged victim:

   (a)   is less than 18 years of age; or

   (b)   has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or a mental disease or defect that renders the alleged victim temporarily or permanently incapable of understanding the nature of the alleged victim's conduct, including, but not limited to, being incapable of providing consent.

   b. (1) When it is alleged that nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, has been committed by an unemancipated minor, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but may seek a protective order and other relief under the New Jersey Code of Juvenile Justice, P.L.1982, c.77 (C.2A:4A-20 et seq.) by filing a complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

   (2)   When it is alleged that nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, has been committed against an unemancipated minor by a parent, guardian, or other person having care, custody and control of that child as defined in N.J.S.9:6-2, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but shall report the incident to the Division of Child Protection and Permanency in the Department of Children and Families for investigation and possible legal action by the division pursuant to R.S.9:6-1 et seq. or other applicable law, including, when appropriate, petitioning the Superior Court pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.) for a protective order and other relief on behalf of the applicant and the unemancipated minor.

   c. (1) An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) and the court may issue such an order regardless of whether criminal charges based on the incident were filed and regardless of the disposition of any such charges.

   (2)   The filing of an application pursuant to this section shall not prevent the filing of a criminal complaint, or the institution or maintenance of a criminal prosecution based on the same act.

   d.   The court shall waive any requirement that the applicant's or alleged victim's place of residence appear on the application.

   e.   An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) in a court having jurisdiction over the place where the alleged conduct or attempted conduct occurred, where the respondent resides, or where the alleged victim resides or is sheltered.

   f.   No fees or other costs shall be assessed against an applicant for seeking a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.).

   L.2015, c.147, s.2; amended 2016, c.93, s.1.

2C :14-9 . Invasion of privacy, degree of crime; defenses, privileges.

2C :14-9 .  Invasion of privacy, degree of crime; defenses, privileges.

   1. a. An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed.

   b. (1) An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed.

   (2)   An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of the undergarment-clad intimate parts of another person, without that person's consent and under circumstances in which a reasonable person would not expect to have his undergarment-clad intimate parts observed.

   c.   An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image, taken in violation of subsection b. of this section, of: (1) another person who is engaged in an act of sexual penetration or sexual contact; (2) another person whose intimate parts are exposed; or (3) another person's undergarment-clad intimate parts, unless that person has consented to such disclosure. 

   For purposes of this subsection: (1) "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not; and (2) "intimate parts" has the meaning ascribed to it in N.J.S.2C:14-1.  Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.

   d.   It is an affirmative defense to a crime under this section that:

   (1)   the actor posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified in subsection a., b., or c., and

   (2)   the actor acted with a lawful purpose.

   e. (1) It shall not be a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.

   (2)   It shall be a violation of subsection c. to disclose in any manner any such photograph, film, videotape or recording of another person using a fitting room or dressing room except under the following circumstances:

   (a)   to law enforcement officers in connection with a criminal prosecution;

   (b)   pursuant to subpoena or court order for use in a legal proceeding; or

   (c)   to a co-worker, manager or supervisor acting within the scope of his employment.

   f.   It shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person in a private dressing stall of a fitting room or dressing room.

   g.   For purposes of this act, a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties shall be deemed to be licensed or privileged to make and to disclose observations, photographs, films, videotapes, recordings or any other reproductions.

   h.   Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b. of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. merge with a conviction under subsection b.

   L.2003, c.206, s.1; amended 2016, c.2, s.1.

7:9-1. Sentence

7:9-1. Sentence

(a) Imposition of Sentence; Bail; Conditions of Release. If the defendant has
been convicted of or pleaded guilty to a non-indictable offense, sentence shall be
imposed immediately, unless the court postpones sentencing in order to obtain a
presentence report or for other good cause. Pending sentence, the court may commit
the defendant, or establish, continue, or modify monetary bail, or continue or modify
conditions of release as appropriate. Before imposing sentence the court shall afford the
defendant and defense counsel an opportunity to make a statement on defendant's
behalf and to present any information in mitigation of punishment. Where a sentence
has been opened and vacated, the defendant shall be resentenced immediately, except
where a new trial is granted.

(b) Statement of Reasons – Criminal Code Cases. In disorderly and petty
disorderly cases and indictable fourth degree cases within the jurisdiction of the
municipal court, at the time sentence is imposed the court shall state its reasons for
imposing the sentence, including its findings respecting the criteria prescribed by
N.J.S.A. 2C:44-1 to 2C:44-3 for withholding or imposing imprisonment, fines or
restitution and pursuant to N.J.S.A. 2C:51-2 for ordering or denying forfeiture of public
office, position, or employment. The court shall also state its factual basis for its finding
of particular aggravating or mitigating factors affecting sentence.

(c) Statement of Reasons – Non-Criminal Code Cases. In non-criminal code
cases involving a consequence of magnitude, at the time the sentence is imposed the
court shall state its reasons for imposing sentence, including the findings for withholding
or imposing imprisonment, driver’s license suspension, fines, or restitution.

(d) Probation. The court, at the time of sentencing, shall inform a defendant
sentenced to probation of the penalties that may be imposed upon revocation of
probation for failure to adhere to the conditions of probation.

(e) Probation and Suspended Sentence. After conviction, unless otherwise
provided by law, the court may suspend the imposition of a sentence or place the
defendant on probation. The order shall require the defendant to comply with standard
conditions of probation adopted by the court and filed with the municipal court
administrator, as well as such special conditions, including a term of imprisonment
pursuant to N.J.S.A. 2C:45-1(c), as the court imposes. As a condition of probation the
court may also impose a term of community-related service to be performed by the
defendant under such terms and conditions as the court may determine. A copy of the
order, together with the standard and special conditions, shall be furnished to the
defendant and read and explained to the defendant by the probation officer. The
defendant and the probation officer shall sign a joint statement, to be filed with the
municipal court administrator, as to the officer's compliance with the reading and
explanation requirements of this rule. If the defendant refuses to sign the statement, the
defendant shall be resentenced. At any time before termination of the period of
suspension or probation, the court may revoke a suspension or probation pursuant to
N.J.S.A. 2C:45-3.

Note: Source-Paragraph (a): R. (1969) 7:4-6(a); paragraph (b): R. (1969) 7:4-6(c); paragraph (c): R.
(1969) 3:21-4(c); paragraph (d): R. (1969) 7:4-6(e) and R. (1969) 3:21-7. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (b) caption and text amended, new paragraph (c) adopted, former paragraphs (c) and (d) redesignated as paragraphs (d) and (e) July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017.

7:8-11. Limitations on Pretrial Incarceration

7:8-11. Limitations on Pretrial Incarceration

(a) Defendants Subject to Limitations on Pretrial Incarceration. This rule
applies to a defendant for whom a Complaint-Warrant (CDR-2) has been issued and who:

(1) has been charged with a disorderly persons offense involving domestic violence and is
detained pursuant to R. 3:4A, or (2) is detained in jail due to an inability to post monetary
bail on the initial disorderly persons offense charged on a Complaint-Warrant (CDR-2).
This rule only applies to a defendant who is arrested on or after January 1, 2017,
regardless of when the offense giving rise to the arrest was allegedly committed.

(b) Limitation on Pretrial Incarceration. A defendant as described in subsection

(a) above may not be incarcerated for a time period longer than the maximum period of
incarceration for which the defendant could be sentenced for the initial offense charged
on the Complaint-Warrant (CDR-2).

(c) Time Period of Pretrial Incarceration. This time period of incarceration starts
on the day the defendant was initially taken into custody.

(d) Release. If a defendant is detained pursuant to subsection (a) of this rule and
the maximum period of incarceration is reached pursuant to subsection (b) of this rule, the
court shall establish conditions of pretrial release pursuant to R. 3:26 and release the
defendant. For matters in which the defendant was issued a Complaint-Warrant (CDR-2),
was charged with any offense involving domestic violence, and was detained pursuant to
R. 3:4A, a judge of the Superior Court shall conduct a release hearing and make the
release decision. In matters in which the defendant has been issued a ComplaintWarrant
(CDR-2) and detained in jail due to an inability to post monetary bail on the initial
offense charged, a judge with authority to modify the conditions of release shall make the
release decision.

Note: Adopted August 30, 2016 to be effective January 1, 2017; paragraph (a) amended November 14, 2016 to be effective January 1, 2017.

7:8-9. Non-Monetary Procedures on Failure to Appear

7:8-9. Non-Monetary Procedures on Failure to Appear

(a) Warrant or Notice.

(1) Non-Parking Motor Vehicle Cases. If a defendant in any non-parking
case before the court fails to appear or answer a complaint, the court may either issue a
bench warrant for the defendant's arrest in accordance with R. 7:2-2(c) or issue and mail
a failure to appear notice to the defendant on a form approved by the Administrative
Director of the Courts. If a failure to appear notice is mailed to the defendant and the
defendant fails to comply with its provisions, a bench warrant may be issued in
accordance with R. 7:2-2(c).

(2) Parking Cases. If a defendant in any parking case before the court fails
to appear or answer a complaint, the court shall mail a failure to appear notice to the
defendant on a form approved by the Administrative Director of the Courts. Where a
defendant has not appeared or otherwise responded to failure to appear notices
associated with two or more pending parking tickets within the court's jurisdiction, the
court may issue a bench warrant in accordance with R. 7:2-2(c). Such a bench warrant
shall not issue when the pending tickets have been issued on the same day or otherwise
within the same 24-hour period.

(b) Driving Privileges; Report to Motor Vehicle Commission.

(1) Non-Parking Motor Vehicle Cases. If the court has not issued a bench
warrant upon the failure of the defendant to comply with the court's failure to appear
notice, the court shall report the failure to appear or answer to the Chief Administrator of
the Motor Vehicle Commission on a form approved by the Administrative Director of the
Courts within 30 days of the defendant's failure to appear or answer. The court shall then
mark the case as closed on its records, subject to being reopened pursuant to
subparagraph (e) of this rule. If the court elects, however, to issue a bench warrant, it may
simultaneously report the failure to appear or answer to the Motor Vehicle Commission on
a form approved by the Administrative Director of the Courts. If the court does not
simultaneously notify the Motor Vehicle Commission and the warrant has not been
executed within 30 days, the court shall report the failure to appear or answer to the
Motor Vehicle Commission on a form approved by the Administrative Director of the
Courts. Upon the notification to the Motor Vehicle Commission, the court shall then mark
the case as closed on its records subject to being reopened pursuant to subparagraph (e)
of this rule.

(2) All Other Cases. In all other cases, whether or not a bench warrant is
issued, the court may order the suspension of the defendant's driving privileges or of
defendant's nonresident reciprocity privileges or prohibit the person from receiving or
obtaining driving privileges until the pending matter is adjudicated or otherwise disposed
of. The court shall then mark the case as closed on its records, subject to being reopened
pursuant to subparagraph (e) of this rule.

(c) Unexecuted Bench Warrant. If a bench warrant is not executed, it shall
remain open and active until the court either recalls, withdraws or discharges it. If bail has
been posted after the issuance of the bench warrant and the defendant fails to appear or
answer, the court may declare a forfeiture of the bail, report a motor vehicle bail forfeiture
to the Motor Vehicle Commission and mark the case as closed on its records subject to
being reopened pursuant to subparagraph (e) of this rule. The court may set aside any
bail forfeiture in the interest of justice.

(d) Parking Cases; Unserved Notice. In parking cases, no bench warrant may be
issued if the initial failure to appear notice is returned to the court by the Postal Service
marked to indicate that the defendant cannot be located. The court then may order a
suspension of the registration of the motor vehicle or of the defendant’s driving privileges
or defendant's nonresident reciprocity privileges or prohibit the person from receiving or
obtaining driving privileges until the pending matter is adjudicated or otherwise disposed
of. The court shall forward the order to suspend to the Motor Vehicle Commission on a
form approved by the Administrative Director of the Courts. The court shall then mark the
case as closed on its records, subject to being reopened pursuant to subparagraph (e) of
this rule.

(e) Reopening. A case marked closed shall be reopened upon the request of the
defendant, the prosecuting attorney or on the court's own motion.

(f) Dismissal of Parking Tickets. In any parking case, if the municipal court fails,
within three years of the date of the violation, to either issue a bench warrant for the
defendant's arrest or to order a suspension of the registration of the vehicle or the
defendant’s driving privileges or the defendant's non-resident reciprocity privileges or
prohibit the person from receiving or obtaining driving privileges, the matter shall be
dismissed and shall not be reopened.

(g) Monetary Sanctions for Failure to Appear. Monetary sanctions on
defendants for failure to appear are addressed in R. 7:8-9A.

Note: Source – Paragraphs (a), (b), (c), (d), (e): R. (1969) 7:6-3; paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (a) text deleted, and new paragraphs (a)(1) and (a)(2) adopted July 28, 2004 to be effective September 1, 2004; paragraph (b) caption amended, paragraphs (b)(1), (c), (d) and (f) amended July 16, 2009 to be effective September 1, 2009; paragraphs (a)(1), (a)(2), (b)(1), (b)(2) amended, paragraph (c) caption and text amended, and paragraphs (d) and (f) amended August 30, 2016 to be effective January 1, 2017; caption amended and new paragraph (g) adopted July 17, 2018 to be effective September 1, 2018.

7:4-9. Changes in Conditions of Release for Defendants Charged on an Initial Complaint-Warrant (CDR-2) on Disorderly Persons Offenses

7:4-9. Changes in Conditions of Release for Defendants Charged on an Initial
Complaint-Warrant (CDR-2) on Disorderly Persons Offenses

(a) Monetary Bail Reductions. If a defendant is unable to post monetary bail,
the defendant shall have the monetary bail reviewed promptly and may file an
application with the court seeking a monetary bail reduction which shall be heard in an
expedited manner by a court with jurisdiction over the matter.

(b) Review of Conditions of Release. For defendants charged with a disorderly
persons offense on an initial Complaint-Warrant (CDR-2) and released pretrial, a judge
with jurisdiction over the matter may review the conditions of release on his or her own
motion, or upon motion by the prosecutor or the defendant, alleging that there has been
a material change in circumstance that necessitates a change in conditions. Upon a
finding that there has been a material change in circumstance that necessitates a
change in conditions, the judge may set new conditions of release.

(c) Violations of Conditions of Release. A judge may impose new conditions
of release, including monetary bail, when a defendant charged with a disorderly persons
offense and released on an initial Complaint-Warrant (CDR-2) violates a restraining
order or condition of release. These conditions should 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, protect the safety of any other person
or the community, or reasonably assure that the eligible defendant will not obstruct or
attempt to obstruct the criminal justice process.

(d) Motions for Pretrial Detention. All prosecutor motions for pretrial detention
must be made in Superior Court, in accordance with Rule 3:4A.

Note: Adopted August 30, 2016 to be effective January 1, 2017; caption amended and paragraphs (b)
and (c) amended November 14, 2016 to be effective January 1, 2017.

7:4-3. Form and Place of Deposit; Location of Real Estate; Record of Recognizances, Discharge and Forfeiture

7:4-3. Form and Place of Deposit; Location of Real Estate; Record of
Recognizances, Discharge and Forfeiture

(a) Deposit of Bail; Execution of Recognizance. A defendant admitted to bail,
shall, together with the sureties, if any, sign and execute a recognizance before the
person authorized to take monetary bail or, if the defendant is in custody, the person in
charge of the place of confinement. The recognizance shall contain the terms set forth
in R. 1:13-3(b) and shall be conditioned upon the defendant's appearance at all stages
of the proceedings until the final determination of the matter, unless otherwise ordered
by the court. The total recognizance may be satisfied by more than one surety, if
necessary. Cash may be accepted, and in proper cases, within the court's discretion,
the posting of security may be waived. A corporate surety shall be one approved by the
Commissioner of Insurance. A corporate surety shall execute the recognizance under
its duly acknowledged corporate seal, and shall attach to its bond written proof of the
corporate authority and qualifications of the officers or agents executing the
recognizance. Real estate offered as security for bail for non-indictable offenses shall
be approved by and deposited with the clerk of the county in which the offense occurred
and not with the municipal court administrator.

A defendant charged on an initial Complaint-Warrant (CDR-2) with a
disorderly persons offense and released on non- monetary conditions shall be released
pursuant to the release order prepared by the judge and need not complete a
recognizance form.

(b) Limitation on Individual Surety. Unless the court for good cause otherwise
permits, no surety, other than an approved corporate surety, shall enter into a
recognizance if there remains any previous undischarged recognizance or bail that was
undertaken by that surety.

(c) Real Estate in Other Counties. Real estate owned by a surety located in a
county other than the one in which the bail is taken may be accepted, in which case the
municipal court administrator of the court in which the bail is taken shall certify and
transmit a copy of the recognizance to the clerk of the county in which the real estate is
situated, and it shall be there recorded in the same manner as if taken in that county.

(d) Record of Recognizance. In municipal court proceedings, the record of the
recognizance shall be entered by the municipal court administrator or designee in the
manner required by the Administrative Director of the Courts to be maintained for that
purpose.

(e) Record of Discharge; Forfeiture. When any recognizance shall be
discharged by court order on proof of compliance with the conditions thereof or by
reason of the judgment in any matter, the municipal court administrator or deputy court
administrator shall enter the word "discharged" and the date of discharge at the end of
the record of such recognizance. When any recognizance is forfeited, the municipal
court administrator or deputy court administrator shall enter the word "forfeited" andthe
date of forfeiture at the end of the record of such recognizance and shall give notice of
such forfeiture by ordinary mail to the municipal attorney, the defendant and any surety
or insurer, bail agent or agency whose names appear in the bail recognizance. Notice to
any insurer, bail agent or agency shall be sent to the address recorded in the Bail
Registry maintained by the Clerk of the Superior Court pursuant to R. 1:13-3. When real
estate of the surety located in a county other than the one in which the bail was taken is
affected, the municipal court administrator or deputy court administrator in which such
recognizance is given shall immediately send notice of the discharge or forfeiture and
the date thereof to the clerk of the county where such real estate is situated, who shall
make the appropriate entry at the end of the record of such recognizance.

(f) Cash Deposit. When a person other than the defendant deposits cash in lieu
of bond, the person making the deposit shall file an affidavit or certification explaining
the lawful ownership thereof, and on discharge, such cash shall be returned to the
owner named in the affidavit or certification, unless otherwise ordered by the court.

(g) Ten Percent Cash Bail. Unless otherwise specified in the order setting the
bail, bail may be satisfied by the deposit in court of cash in the amount of ten percent of
the amount of bail fixed together with defendant's executed recognizance for the
remaining ninety percent. No surety shall be required, unless specifically ordered by the
court. If a ten percent bail is made by cash owned by one other than the defendant, the
owner shall charge no fee for the cash deposited, other than lawful interest, and shall
submit an affidavit or certification with the deposit detailing the rate of interest,
confirming that no other fee is being charged, and listing the names of any other
persons for whom the owner has deposited bail. A person making the ten percent
deposit who is not the owner, shall file an affidavit or certification identifying the lawful
owner of the cash, and, on discharge, the cash deposit shall be returned to the owner
named in the affidavit or certification, unless otherwise ordered by the court.

Note: Source - R. (1969) 7:5-1, 3:26-4. Adopted October 6, 1997 to be effective February 1, 1998;
subsection (e) amended December 8, 1998 to be effective January 15, 1999; caption amended, and
paragraphs (e), (f), and (g) amended July 28, 2004 to be effective September 1, 2004; paragraph (a)
caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (a) amended
November 14, 2016 to be effective January 1, 2017.

7:4-2. Authority to Set Bail or Conditions of Pretrial Release

7:4-2. Authority to Set Bail or Conditions of Pretrial Release

(a) Authority to Set Initial Conditions of Pretrial Release on ComplaintWarrants
(CDR-2) – Disorderly Persons Offenses. Initial conditions of pretrial release
on an initial disorderly persons charge on a Complaint-Warrant (CDR-2) may be set by
a judge designated by the Chief Justice, pursuant to R. 3:26 as part of a first
appearance at a centralized location, pursuant to R. 3:4-2.

(b) Authority to Set Bail for Bench Warrants and All Other Matters within
the Jurisdiction of the Municipal Court. Setting bail for bench warrants or for a
Complaint-Warrant (CDR-2) in which the most serious charge is a petty disorderly
persons offense or other non-disorderly persons offense within the jurisdiction of the
Municipal Court may be done by a judge sitting regularly in or as acting or temporary
judge of the jurisdiction in which the offense was committed, or by a vicinage Presiding
Judge of the Municipal Courts, or as authorized by any other rule of court. In the
absence of the judge, and to the extent consistent with N.J.S.A. 2B:12-21 and R. 1:41-
3(f), a duly authorized municipal court administrator or deputy court administrator may
set bail on defendants issued a bench warrant or a Complaint-Warrant (CDR-2) inwhich
the most serious charge is a petty disorderly persons offense or other non-disorderly
persons offense within the jurisdiction of the Municipal Court. The authority of the
municipal court administrator, deputy court administrator or other authorized persons
shall, however, be exercised only in accordance with bail schedules promulgated by the
Administrative Office of the Courts or the municipal court judge.

(c) Authority to Take a Recognizance. Any judge who has set bail and/or
conditions of pretrial release may designate the taking of the recognizance by the
municipal court administrator or any other person authorized by law to take
recognizances, other than the law enforcement arresting officer.

(d) Revisions of Bail or Conditions of Pretrial Release. A municipal court
judge may modify bail or any other condition of pretrial release on any non-indictable
offense at any time during the course of the municipal court proceedings, consistent
with R. 7:4-9, except as provided by law.

Note: Source-Paragraph (a): R. (1969) 7:5-3; paragraph (b): R. (1969) 7:5-1, 3:26-2(c). Adopted October 6, 1997 to be effective February 1, 1998; paragraphs (a) and (b) amended July 10, 1998, to be effective September 1, 1998; caption amended, paragraph (a) caption and text amended and portion redesignated as paragraphs (b) and (c), paragraph (b) redesignated and amended as paragraph (d) August 8, 2016 to be effective January 1, 2017; paragraphs (a) and (b) captions and text amended November 14, 2016 effective January 1, 2017.

7:4-1. Right to Pretrial Release

7:4-1. Right to Pretrial Release

(a) Defendants Charged on Complaint-Warrant (CDR-2) with Disorderly
Persons Offenses. Except as otherwise provided by R. 3:4A (pertaining to preventative
detention), defendants charged with a disorderly persons offense on an initial
Complaint-Warrant (CDR-2) shall be released before conviction on the least restrictive
non-monetary conditions that, in the judgment of the court, will reasonably ensure their
presence 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, pursuant to R. 3:26-1(a)(1). In accordance with Part III,
monetary bail may be set for a defendant arrested on a disorderly persons offense on
an initial Complaint-Warrant (CDR-2) only when it is determined that no other conditions
of release will reasonably assure the eligible defendant’s appearance in court when
required. For these defendants the court shall make a pretrial release determination no
later than 48 hours after a defendant’s commitment to the county jail; the court shall
consider the Pretrial Services Program’s risk assessment and recommendations on
conditions of release before making a release decision.

(b) All Other Defendants. All defendants other than those set forth in paragraph

(a) shall have a right to bail before conviction on such terms as, in the judgment of
court, will insure the defendant’s presence when required, having regard for the
defendant’s background, residence, employment and family status and, particularly, the
general policy against unnecessary sureties and detention; in its discretion, the court
may order defendant’s release on defendant’s own recognizance and may impose
terms or conditions appropriate to such release. All other defendants include: (i) those
charged on an initial Complaint-Warrant (CDR-2) with a petty disorderly persons offense
or other non-disorderly persons offense within the jurisdiction of the municipal court,and

(ii) all defendants brought before the court on a bench warrant for failure to appear or
other violation, including defendants initially charged on a Complaint-Warrant (CDR-2)
and those initially charged on a summons. Defendants issued a bench warrant who
were charged with a disorderly persons offense on an initial Complaint-Warrant (CDR-2)
may also be subject to reconsideration of conditions of release pursuant to Rule 7:4-9.

(c) Domestic Violence; Conditions of Release. When a defendant is charged
with a crime or offense involving domestic violence, the court authorizing the release
may, as a condition of release, prohibit the defendant from having any contact with the
victim. The court may impose any additional limitations upon contact as otherwise
authorized by N.J.S.A. 2C:25-26.

(d) Issuance of Restraining Orders by Electronic Communication.

(1) Temporary Domestic Violence Restraining Orders. Procedures
authorizing the issuance of temporary domestic violence restraining orders by electronic
communication are governed by R. 5:7A(d).

(2) N.J.S.A. 2C:35-5.7 and N.J.S.A. 2C:14-12 Restraining Orders. A
judge may as a condition of release issue a restraining order pursuant to N.J.S.A.
2C:35-5.7 (“Drug Offender Restraining Order Act of 1999”) or N.J.S.A. 2C:14-12
(“Nicole’s Law”) upon sworn oral testimony of a law enforcement officer or prosecuting
attorney who is not physically present. Such sworn oral testimony may be
communicated to the judge by telephone, radio, or other means of electronic
communication. The judge shall contemporaneously record such sworn oral testimony
by means of a tape-recording device or stenographic machine if such are available;
otherwise the judge shall make adequate longhand notes summarizing what is said.

Subsequent to taking the oath, the law enforcement officer or prosecuting attorney must
identify himself or herself, specify the purpose of the request, and disclose the basis of
the application. This sworn testimony shall be deemed to be an affidavit for the
purposes of issuance of a restraining order. Upon issuance of the restraining order, the
judge shall memorialize the specific terms of the order. That memorialization shall be
either by means of a tape-recording device, stenographic machine, or by adequate
longhand notes. Thereafter, the judge shall direct the law enforcement officer or
prosecuting attorney to memorialize the specific terms authorized by the judge on a
form, or other appropriate paper, designated as the restraining order. This order shall be
deemed a restraining order for the purpose of N.J.S.A. 2C:35-5.7 ("Drug Offender
Restraining Order Act of 1999") and N.J.S.A. 2C:14-12 ("Nicole's Law"). The judge shall
direct the law enforcement officer or prosecuting attorney to print the judge's name on
the restraining order. A copy of the restraining order shall be served on the defendant
by any officer authorized by law. Within 48 hours, the law enforcement officer or
prosecuting attorney shall deliver to the judge, either in person, by facsimile
transmission, or by other means of electronic communication, the signed restraining
order along with a certification of service on the defendant. The certification of service
shall be in a form approved by the Administrative Director of the Courts and shall
include the date and time that service on the defendant was made or attempted to be
made. The judge shall verify the accuracy of these documents by affixing his or her
signature to the restraining order.

(3) Certification of Offense Location for Drug Offender Restraining
Orders. When a restraining order is issued by electronic communication pursuant to
N.J.S.A. 2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") where the law
enforcement officer or prosecuting attorney is not physically present at the same
location as the court, the law enforcement officer or prosecuting attorney must provide
an oral statement describing the location of the offense. Within 48 hours thereafter the
law enforcement officer or prosecuting attorney shall deliver to the judge, either in
person, by facsimile transmission, or by other means of electronic communication, a
certification describing the location of the offense.

Note: Source-R. (1969) 7:5-1, 3:26-1(a). Adopted October 6, 1997 to be effective February 1, 1998.; text designated as paragraph (a), paragraph (a) caption adopted, new paragraphs (b) and (c) adopted July 9, 2013 to be effective September 1, 2013; caption amended, new paragraph (a) adopted, former paragraph (a) redesignated as paragraph (b) and caption and text amended, and former paragraphs (b) and (c) redesignated as paragraphs (c) and (d) August 30, 2016 to be effective January 1, 2017; paragraphs (a) and (b) caption and text amended November 14, 2016 to be effective January 1, 2017; subparagraph (d)(1) amended July 29, 2019 to be effective September 1, 2019.

7:3-1. Procedure After Arrest

7:3-1. Procedure After Arrest

(a) First Appearance; Time; Defendants Not in Custody. Following the filing of
a complaint and service of process upon the defendant, the defendant shall be brought,
without unnecessary delay, before the court for a first appearance.

(b) First Appearance; Time; Defendants Committed to Jail. All defendants
who are in custody shall have the first appearance conducted within 48 hours of their
commitment to jail, except as provided in R. 3:4-2(a)(1). For defendants incarcerated on
an initial charge, on a Complaint- Warrant (CDR-2) for an indictable or disorderly
persons offense, the first appearance shall be conducted at a centralized location and
by a judge designated by the Chief Justice, as provided in Rule 3:26. For all other
incarcerated defendants within the jurisdiction of the municipal court who require a first
appearance, the first appearance shall be conducted by a judge authorized to set bail or
other conditions of release; this includes those charged on an initial Complaint-Warrant
(CDR-2) for a petty disorderly persons offense.

(c) Custodial Arrest Without Warrant.

(1) Preparation of a Complaint and Summons or Warrant. A law
enforcement officer making a custodial arrest without a Complaint-Warrant (CDR-2)
shall take the defendant to the police station where a complaint shall be immediately
prepared. The complaint shall be prepared on a Complaint-Summons form (CDR-1 or
Special Form of Complaint and Summons), unless the law enforcement officer
determines that one or more of the factors in R. 7:2-2(f) applies. Upon such
determination, the law enforcement officer may prepare a Complaint-Warrant (CDR-2)
rather than a Complaint-Summons.

(2) Probable Cause; Issuance of Process. If a Complaint-Warrant (CDR2)
is prepared, the law enforcement officer shall, without unnecessary delay, but in no
event later than 12 hours after arrest, present the matter to a judge, or in the absence of
a judge, to a municipal court administrator or deputy court administrator who has been
granted authority to determine whether a Complaint-Warrant (CDR-2) or summons will
issue. The judicial officer shall determine whether there is probable cause to believe
that an offense was committed and that the defendant committed it. If probable cause
is found, a summons or Complaint-Warrant (CDR-2) may issue. If the judicial officer
determines that the defendant will appear in response to a summons, a summons shall
be issued consistent with the standard prescribed by R. 7:2-2. If the judicial officer
determines that a warrant should issue consistent with the standards prescribed by R.
7:2-2 after the Complaint-Warrant (CDR-2) is issued, the defendant charged with a
disorderly persons offense shall be remanded to the county jail pending a determination
of conditions of pretrial release. If the defendant is charged on a Complaint-Warrant
(CDR-2) with a petty disorderly persons offense or any other matter within the
jurisdiction of the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, bail shall
be set without unnecessary delay, but in no event later than 12 hours after arrest. The
finding of probable cause shall be noted on the face of the summons or ComplaintWarrant
(CDR-2). If no probable cause is found, the judge shall not issue the summons
or Complaint-Warrant (CDR-2).

(3) Summons. If a Complaint-Summons form (CDR-1 or Special Form of
Complaint and Summons) has been prepared, or if a judicial officer has determined that
a summons shall issue, the summons shall be served and the defendant shall be
released after completion of post-arrest identification procedures required by law and
pursuant to R. 7:2-2(j).

(d) Non-Custodial Arrest. A law enforcement officer charging any offense may
personally serve a Complaint-Summons (Special Form of Complaint and Summons) at
the scene of the arrest without taking the defendant into custody.

(e) Arrest Following Bench Warrant. If a defendant is arrested on a bench
warrant on an initial summons and monetary bail was not set at warrant issuance, a bail
determination or release on personal recognizance must occur without unnecessary
delay and no later than 12 hours after arrest. If the defendant is unable to post bail, the
court shall review that bail promptly. The defendant may file an application with the
court seeking a bail reduction; such bail reduction motion shall be heard in an expedited
manner.

Note: Source -- R. (1969) 7:2, 7:3-1, 3:4-1. Adopted October 6, 1997 to be effective
February 1, 1998; paragraphs (b)(1) and (b)(2) amended July 12, 2002 to be effective
September 3, 2002; paragraph (b) caption amended, paragraphs (b)(1) and (b)(2)
amended, and new paragraph (c) adopted July 28, 2004 to be effective September 1,
2004; paragraph (a) caption and text amended, new paragraph (b) adopted, former
paragraph (b) amended and redesignated as paragraph (c) , and text amended, former
paragraph (c) redesignated as paragraph (d), and new paragraph (e) adopted August
30, 2016 to be effective January 1, 2017; paragraphs (b), (c)(2) and (c)(3) amended
November 14, 2016 to be effective January 1, 2017; paragraph (b) amended July 29,
2019 to be effective September 1, 2019; subparagraphs (c)(1), (c)(2), and (c)(3)
amended, and paragraph (d) amended August 2, 2019 to be effective October 1, 2019,
effective date extended to January 1, 2020 pursuant to Court order dated September
25, 2019.

7:2-3. Warrants; Execution and Service: Return

7:2-3. Warrants; Execution and Service: Return

(a) By Whom Executed; Territorial Limits. A warrant shall be executed by any
officer authorized by law. The warrant may be executed at any place within this State.
This applies to all warrants issued by the municipal court, including Complaint-Warrants
(CDR-2) and bench warrants that may be issued after the initial filing of the complaint. A
bench warrant is any warrant, other than a Complaint-Warrant (CDR-2), that is issued
by the court that orders a law enforcement officer to take the defendant into custody.

(b) How Executed. The warrant shall be executed by the arrest of the
defendant. The law enforcement officer need not possess the warrant at the time of the
arrest, but upon request, the officer shall show the warrant or a copy of an Automated
Traffic System/Automated Complaint System (ATS/ACS) electronic record evidencing
its issuance to the defendant as soon as possible. If the law enforcement officer does
not have the actual warrant to show or does not have access to an ATS/ACS printer to
produce a copy of the electronic record at the time of the arrest, the officer shall inform
the defendant of the offense charged and that a warrant has been issued. Defendants
arrested on a Complaint-Warrant (CDR-2) charging an indictable or disorderly persons
offense shall be remanded to the county jail pending a determination regarding
conditions of pretrial release. Defendants arrested on a Complaint-Warrant (CDR-2)
charging any other matter shall be brought before the court issuing the warrant,
pursuant to Rule 7:2-1(d)(3).

(c) Return. The law enforcement officer executing a warrant shall make prompt
return of the warrant to the court that issued the warrant. The arresting officer shall
promptly notify the court issuing the warrant by electronic communication through the
appropriate Judiciary computer system of the date and time of the arrest. If the
defendant is incarcerated, the law enforcement officer shall promptly notify the court of
the place of the defendant's incarceration.

Note: Source -- Paragraph (a): R. (1969) 7:2; 7:3-1, 3:3-3(a), (b), (c), (e); Paragraphs (b)(1), (2), (3): R. (1969) 7:3-1: Paragraph (b)(4): R. (1969) 7:2, 7:3-1, 3:3-3(e). Adopted October 6, 1997 to be effective February 1, 1998; caption amended, caption of former paragraph (a) deleted, caption and text of former paragraph (b) deleted and relocated to new Rule 7:2-4, former paragraphs (a)(1), (a)(2), and (a)(3) redesignated as paragraphs (a), (b), and (c) July 28, 2004 to be effective September 1, 2004; caption amended, paragraphs (a), (b), (c) amended August 30, 2016 to be effective January 1, 2017; paragraph (b) amended November 14, 2016 to be effective January 1, 2017.

7:2-2. Issuance of Complaint-Warrant (CDR-2) or Summons

7:2-2. Issuance of Complaint-Warrant (CDR-2) or Summons

(a) Probable Cause.

(1) Finding of Probable Cause. A finding of probable cause by a judicial officer
that an offense was committed and that the defendant committed it must be made
before issuance of a Complaint-Warrant (CDR-2) or a summons except as provided in
paragraphs (a)(3) and (a)(4). The Complaint-Warrant (CDR-2) or summons may be
issued only if it appears to the judicial officer from the complaint, affidavit, certification or
testimony that there is probable cause to believe that an offense was committed and the
defendant committed it. The judicial officer’s finding of probable cause shall be noted on
the face of the Complaint-Warrant (CDR-2) or summons and shall be confirmed by the
judicial officer’s signature issuing the Complaint-Warrant (CDR-2) or summons.

(2) Finding of No Probable Cause. If the municipal court administrator or deputy
court administrator finds that no probable cause exists to issue a Complaint-Warrant
(CDR-2) or summons, or that the applicable statutory time limitation to issue the
Complaint-Warrant (CDR-2) or summons has expired, that finding shall be reviewed by
the judge. A judge finding no probable cause to believe that an offense occurred or that
the statutory time limitation to issue a Complaint-Warrant (CDR-2) or a summons has
expired shall not issue the Complaint-Warrant (CDR-2) or summons.

(3) Complaint by Law Enforcement Officer or Other Statutorily Authorized
Person. A summons on a complaint made by a law enforcement officer charging any
offense may be issued by a law enforcement officer or by any person authorized to do
so by statute without a finding by a judicial officer of probable cause for issuance. A law
enforcement officer may personally serve the summons on the defendant without
making a custodial arrest.

(4) Complaint by Code Enforcement Officer. A summons on a complaint made by
a Code Enforcement Officer charging any offense within the scope of the Code
Enforcement Officer’s authority and territorial jurisdiction may be issued without a
finding by a judicial officer of probable cause for issuance. A Code Enforcement Officer
may personally serve the summons on the defendant. Otherwise, service shall be in
accordance with these rules. For purposes of this rule, a “Code Enforcement Officer” is
a public employee who is responsible for enforcing the provisions of any state, county or
municipal law, ordinance or regulation which the public employee is empowered to
enforce.

(b) Authorization for Process of Citizen Complaints.

(1) Issuance of a Citizen Complaint Charging Disorderly Persons Offense, Petty
Disorderly Persons Offense, or Any Other Matter within the Jurisdiction of the Municipal
Court. A Complaint-Warrant (CDR-2) or a summons charging a disorderly persons
offense, petty disorderly persons offense or any other matter within the jurisdiction of
the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private
citizen may be issued only by a judge or, if authorized by the judge, by a municipal court
administrator or deputy court administrator of a court with jurisdiction in the municipality
where the offense is alleged to have been committed within the statutory time limitation.

(2) County Prosecutor Review of Citizen Complaints Charging Disorderly
Persons Offenses. Prior to a finding of probable cause and issuance of a ComplaintWarrant
(CDR-2) or a summons charging a disorderly persons offense made by a
private citizen against a candidate or nominee for public office or a person holding
public office as defined in N.J.S.A. 19:1-1, the Complaint-Warrant (CDR-2) or summons
shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the
prosecutor has the authority to modify the charge. If the prosecutor approves the citizen
complaint charging a disorderly persons offense, the prosecutor shall indicate this
decision on the complaint and submit it to a judicial officer who will determine if probable
cause exists and whether to issue a Complaint-Warrant (CDR-2) or summons in the
Judiciary’s computerized system used to generate complaints. If the prosecutor denies
the citizen complaint charging a disorderly persons offense, the prosecutor shall report
the denial and the basis therefor to the Assignment Judge on the record or in writing
and shall notify the citizen complainant and the defendant. The absence of approval or
denial within the timeframe set forth in R. 7:2-2(b)(6) shall be deemed as not objecting
to the citizen complaint. The citizen complaint charging a disorderly persons offense
shall be reviewed by the judicial officer for a probable cause finding.

(3) Issuance of a Citizen Complaint Charging Indictable Offenses. A ComplaintWarrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense
made by a private citizen may be issued only by a judge.

(4) County Prosecutor Review of Citizen Complaints Charging Indictable
Offenses. Prior to a finding of probable cause and issuance of a Complaint-Warrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a
private citizen against any individual, the Complaint-Warrant (CDR-2) or ComplaintSummons
(CDR-1) shall be reviewed by a county prosecutor for approval or denial.
Prior to approval, the prosecutor has the authority to modify the charge. If the
prosecutor approves the citizen complaint charging an indictable offense, the prosecutor
shall indicate this decision on the complaint and submit it to a judge who will determine
if probable cause exists and whether to issue a Complaint-Warrant (CDR-2) or a
Complaint-Summons (CDR-1) in the Judiciary’s computerized system used to generate
complaints. If the prosecutor denies the citizen complaint charging an indictable
offense, the prosecutor shall report the denial and the basis therefor to the Assignment
Judge on the record or in writing and shall notify the citizen complainant and the
defendant. The absence of approval or denial within the timeframe set forth in R. 7:2-
2(b)(6) shall be deemed as not objecting to the citizen complaint. The citizen complaint
charging an indictable offense shall be reviewed by the judge for a probable cause
finding.

(5) Probable Cause Findings - Citizen Complaints. The Complaint-Warrant
(CDR-2) or summons charging: (i) a disorderly persons offense, petty disorderly
persons offense or any other matter within the jurisdiction of the municipal court, as set
forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private citizen may be issued by a
judicial officer pursuant to (b)(1) of this rule, or (ii) any indictable offense made by a
private citizen may be issued by a judge pursuant to (b)(3) of this rule, only if it appears
from the complaint, affidavit, certification or testimony that there is probable cause to
believe that an offense was committed and the defendant committed it. The judicial
officer’s finding of probable cause shall be noted on the face of the Complaint-Warrant
(CDR-2) or summons and shall be confirmed by the judicial officer’s signature issuing
the Complaint-Warrant (CDR-2) or summons.

(6) Period of Time for County Prosecutor Review of Citizen Complaints Charging
Disorderly Persons and Indictable Offenses. The county prosecutor shall review citizen
complaints pursuant to R. 7:2-2(b)(2), 7:2-2(b)(4), and R. 3:2-1(a)(2) within a period of
no more than forty-five calendar days following receipt of the citizen complaint in the
Judiciary’s computerized system used to generate complaints. The prosecutor may
apply to the court to extend the period of review upon a showing of good cause for
additional periods of time no greater than ten calendar days each.

(c) Issuance of a Complaint-Warrant (CDR-2) or Summons

(1) Issuance of a Summons. A summons may be issued on a complaint
only if:

(i) a judge, authorized municipal court administrator or authorized
deputy municipal court administrator (judicial officer) finds from the complaint or an
accompanying affidavit or deposition, that there is probable cause to believe that an
offense was committed and that the defendant committed it and notes that finding on
the summons; or

(ii) the law enforcement officer or code enforcement officer who
made the complaint, issues the summons.

(2) Issuance of a Complaint-Warrant (CDR-2). A Complaint-Warrant
(CDR-2) may be issued only if:

(i) a judicial officer finds from the complaint or an accompanying
affidavit or deposition, that there is probable cause to believe that an offense was
committed and that the defendant committed it and notes that finding on the ComplaintWarrant
(CDR-2); and

(ii) a judicial officer finds that subsection (f) of this rule allows a
Complaint-Warrant (CDR-2) rather than a summons to be issued.

(d) Indictable Offenses. Complaints involving indictable offenses are governed
by the Part III Rules, which address mandatory and presumed warrants for certain
indictable offenses in Rule 3:3-1(e), (f).

(e) Offenses Where Issuance of a Summons is Presumed. A summons
rather than a Complaint-Warrant (CDR-2) shall be issued unless issuance of a
Complaint-Warrant (CDR-2) is authorized pursuant to paragraph (f) of this rule.

(f) Grounds for Overcoming the Presumption of Issuance of Summons.
Regarding a defendant charged on matters in which a summons is presumed, when a
law enforcement officer does not issue a summons, but requests, in accordance with
guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16, the issuance
of a Complaint-Warrant (CDR-2), the judicial officer may issue a Complaint-Warrant
(CDR-2) when the judicial officer finds that there is probable cause to believe that the
defendant committed the offense, and the judicial officer has reason to believe, based
on one or more of the following factors, that a Complaint-Warrant (CDR-2) is needed to
reasonably assure a defendant’s appearance in court when required, to protect the
safety of any other person or the community, or to assure that the defendant will not
obstruct or attempt to obstruct the criminal justice process:

(1) the defendant has been served with a summons for any prior
indictable offense and has failed to appear;

(2) there is reason to believe that the defendant is dangerous to self or
will pose a danger to the safety of any other person or the community if released on a
summons;

(3) there is one or more outstanding warrants for the defendant;

(4) the defendant’s identity or address is not known and a warrant is
necessary to subject the defendant to the jurisdiction of the court;

(5) there is reason to believe that the defendant will obstruct or attempt to
obstruct the criminal justice process if released on a summons;

(6) there is reason to believe that the defendant will not appear in
response to a summons;

(7) there is reason to believe that the monitoring of pretrial release
conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162-25
is necessary to protect any victim, witness, other specified person, or the community.
The judicial officer shall consider the results of any available preliminary public
safety assessment using a risk assessment instrument approved by the Administrative
Director of the Courts pursuant to N.J.S.A. 2A:162-25, and shall also consider, when
such information is available, whether within the preceding ten years the defendant as a
juvenile was adjudicated delinquent for a crime involving a firearm, or a crime that if
committed by an adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-
7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall
also consider any additional relevant information provided by the law enforcement
officer or prosecutor applying for a Complaint-Warrant (CDR-2).

(g) Charges Against Corporations, Partnerships, Unincorporated
Associations. A summons rather than a Complaint-Warrant (CDR-2) shall issue if the
defendant is a corporation, partnership, or unincorporated association.

(h) Failure to Appear After Summons. If a defendant who has been served
with a summons fails to appear on the return date, a bench warrant may issue pursuant
to law and Rule 7:8-9 (Procedures on Failure to Appear). If a corporation, partnership or
unincorporated association has been served with a summons and has failed to appear
on the return date, the court shall proceed as if the entity had appeared and entered a
plea of not guilty.

(i) Additional Complaint-Warrants (CDR-2) or Summonses. More than one
Complaint-Warrant (CDR-2) or summons may issue on the same complaint.

(j) Identification Procedures. If a summons has been issued or a ComplaintWarrant
(CDR-2) executed on a complaint charging either the offense of shoplifting or
prostitution or on a complaint charging any non-indictable offense where the identity of
the person charged is in question, the defendant shall submit to the identification
procedures prescribed by N.J.S.A. 53:1-15. Upon the defendant's refusal to submit to
any required identification procedures, the court may issue a Complaint-Warrant (CDR2).

Note: Source - R. (1969) 7:2, 7:3-1, 3:3-1. Adopted October 6, 1997 to be effective February 1, 1998;
paragraphs (b) and (c) amended July 10, 1998 to be effective September 1, 1998; paragraph (a)(1)
amended July 5, 2000 to be effective September 5, 2000; paragraph (a)(1) amended, new paragraph
(b)(5) added, and former paragraph (b)(5) redesignated as paragraph (b)(6) July 12, 2002 to be effective September 3, 2002; paragraph (a)(1) amended, and paragraph (a)(2) caption and text amended July 28, 2004 to be effective September 1, 2004; paragraph (a)(1) amended and new paragraph (a)(3) adopted July 16, 2009 to be effective September 1, 2009; caption amended, paragraph (a)(1) amended, former paragraph (b) deleted, new paragraphs (b), (c), (d), (e), (f) adopted, former paragraph (c) amended and redesignated as paragraph (g), former paragraph (d) caption and text amended and redesignated as paragraph (h), and former paragraph (e) amended and redesignated as paragraph (i) August 30, 2016 to be effective January 1, 2017; new paragraph (a) caption adopted, new subparagraphs (a)(1) and (a)(2) adopted, former paragraph (a) redesignated as paragraph (b) and caption amended, former subparagraph (a)(1) redesignated as subparagraph (b)(1) and caption and text amended, former subparagraphs (a)(2) and (a)(3) redesignated as subparagraphs (a)(3) and (a)(4), new subparagraphs (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) adopted, former paragraph (b) redesignated as paragraph (c) and amended, former paragraph (c) redesignated as paragraph (d), former paragraphs (d) and (e) redesignated as paragraphs (e) and (f) and amended, former paragraphs (f) and (g) redesignated as paragraphs (g) and (h), former paragraph (h) redesignated as paragraph (i) and caption amended, former paragraph (i) redesignated as paragraph (j) August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.

7:2-1. Contents of Complaint, Complaint-Warrant (CDR-2) and Summons

7:2-1. Contents of Complaint, Complaint-Warrant (CDR-2) and Summons

(a) Complaint: General. The complaint shall be a written statement of the
essential facts constituting the offense charged made on a form approved by the
Administrative Director of the Courts. Except as otherwise provided by paragraphs (f)
(Traffic Offenses), (g) (Special Form of Complaint and Summons), and (h) (Use of
Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the
complaining witness shall attest to the facts contained in the complaint by signing a
certification or signing an oath before a judge or other person so authorized by N.J.S.A.
2B:12-21.

If the complaining witness is a law enforcement officer, the complaint may be
signed by an electronic entry secured by a Personal Identification Number (hereinafter
referred to as an electronic signature) on the certification, which shall be equivalent to
and have the same force and effect as an original signature.

(b) Acceptance of Complaint. The municipal court administrator or deputy court
administrator shall accept for filing every complaint made by any person. Acceptance of
the complaint does not mean that a finding of probable cause has been made in
accordance with R. 7:2-2 or that the Complaint-Warrant (CDR-2) or summons has been
issued.

(c) Summons: General. The summons shall be on a Complaint-Summons form
(CDR-1) or other form prescribed by the Administrative Director of the Courts and shall
be signed by the officer issuing it. An electronic signature of any law enforcement officer
or any other person authorized by law to issue a Complaint-Summons shall be
equivalent to and have the same force and effect as an original signature. The
summons shall be directed to the defendant named in the complaint, shall require
defendant's appearance at a stated time and place before the court in which the
complaint is made, and shall inform defendant that an arrest a bench warrant may be
issued for a failure to appear.

(d) Complaint-Warrant (CDR-2)

(1) Complaint-Warrant (CDR-2): General. The arrest warrant for an initial
charge shall be made on a Complaint-Warrant (CDR-2) or other form prescribed by the
Administrative Director of the Courts and shall be signed by a judicial officer after a
determination of probable cause that an offense was committed and that the defendant
committed it. A judicial officer, for purposes of the Part VII rules, is defined as a judge,
authorized municipal court administrator or deputy court administrator. An electronic
signature by the judicial officer shall be equivalent to and have the same force and
effect as an original signature. The warrant shall contain the defendant's name or, if
unknown, any name or description that identifies the defendant with reasonable
certainty. It shall be directed to any officer authorized to execute it.

(2) Complaint-Warrant (CDR-2) - Disorderly Persons Offenses. When a
Complaint-Warrant (CDR-2) is issued and the most serious charge is a disorderly
persons offense, the court shall order that the defendant be arrested and remanded to
the county jail pending a determination of conditions of pretrial release. Complaints in
which the most serious charge is an indictable offense are governed by R. 3:2-1.

(3) Complaint-Warrant (CDR-2) - Petty Disorderly Persons Offense or Any
Other Matter within the Jurisdiction of the Municipal Court. When a Complaint-Warrant
(CDR-2) is issued and the most serious charge is a petty disorderly persons offense or
any other matter within the jurisdiction of the Municipal Court, as set forth in N.J.S.A.
2B:12-17 and R. 7:1, the court shall order that the defendant be arrested and brought
before the court issuing the warrant. The judicial officer issuing a warrant may specify
therein the amount and conditions of bail or release on personal recognizance,
consistent with R. 7:4, required for defendant's release.

(e) Issuance of a Complaint-Warrant (CDR-2) When Law Enforcement
Applicant is Not Physically Before a Judicial Officer. A judicial officer may issue a
Complaint-Warrant (CDR-2) upon sworn oral testimony of a law enforcement applicant
who is not physically present. Such sworn oral testimony may be communicated by the
applicant to the judicial officer by telephone, radio, or other means of electronic
communication.

The judicial officer shall administer the oath to the applicant. After taking the
oath, the applicant must identify himself or herself and read verbatim the ComplaintWarrant
(CDR-2) and any supplemental affidavit that establishes probable cause for the
issuance of a Complaint-Warrant (CDR-2). If the facts necessary to establish probable
cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental
affidavit, the judicial officer need not make a contemporaneous written or electronic
recordation of the facts in support of probable cause. If the law enforcement applicant
provides additional sworn oral testimony in support of probable cause, the judicial officer
shall contemporaneously record such sworn oral testimony by means of a recording
device if available; otherwise, adequate notes summarizing the contents of the law
enforcement applicant's testimony shall be made by the judicial officer. This sworn
testimony shall be deemed to be an affidavit or a supplemental affidavit for the purposes
of issuance of a Complaint-Warrant (CDR-2).

A Complaint-Warrant (CDR-2) may issue if the judicial officer finds that probable
cause exists and that there is also justification for the issuance of a Complaint-Warrant
(CDR-2) pursuant to the factors identified in Rule 7:2-2(c). If a judicial officer does not
find justification for a warrant under Rule 7:2-2(c), the judicial officer shall issue a
summons.

If the judicial officer has determined that a warrant shall issue and has the ability
to promptly access the Judiciary’s computerized system used to generate complaints,
the judicial officer shall electronically issue the Complaint-Warrant (CDR-2) in that
computer system. If the judicial officer has determined that a warrant shall issue and
does not have the ability to promptly access the Judiciary’s computerized system used
to generate complaints, the judicial officer shall direct the applicant to complete the
required certification and activate the complaint pursuant to procedures prescribed by
the Administrative Director of the Courts.

Upon approval of a Complaint-Warrant (CDR-2), the judicial officer shall
memorialize the date, time, defendant’s name, complaint number, the basis for the
probable cause determination, and any other specific terms of the authorization. That
memorialization shall be either by means of a recording device or by adequate notes.
A judicial officer authorized for that court shall verify, as soon as practicable, any
warrant authorized under this subsection and activated by law enforcement. Remand to
the county jail for defendants charged with a disorderly persons offense and a pretrial
release decision are not contingent upon completion of this verification.
Procedures authorizing issuance of restraining orders pursuant to N.J.S.A.
2C:35-5.7 (“Drug Offender Restraining Order Act of 1999”) and N.J.S.A. 2C:14-12
(“Nicole’s Law”) by electronic communications are governed by R. 7:4-1(d).

(f) Traffic Offenses

(1) Form of Complaint and Process. The Administrative Director of the
Courts shall prescribe the form of Uniform Traffic Ticket to serve as the complaint,
summons or other process to be used for all parking and other traffic offenses. On a
complaint and summons for a parking or other non-moving traffic offense, the defendant
need not be named. It shall be sufficient to set forth the license plate number of the
vehicle, and its owner or operator shall be charged with the violation.

(2) Issuance. The complaint may be made and signed by any person, but
the summons shall be signed and issued only by a law enforcement officer or other
person authorized by law to issue a Complaint-Summons, the municipal court judge,
municipal court administrator or deputy court administrator of the court having territorial
jurisdiction. An electronic signature of any law enforcement officer or other person
authorized by law to issue a Complaint-Summons shall be equivalent to and have the
same force and effect as an original signature.

(3) Records and Reports. Each court shall be responsible for all Uniform
Traffic Tickets printed and distributed to law enforcement officers or others in its
territorial jurisdiction, for the proper disposition of Uniform Traffic Tickets, and for the
preparation of such records and reports as the Administrative Director of the Courts
prescribes. The provisions of this subparagraph shall apply to the Chief Administrator of
the Motor Vehicle Commission, the Superintendent of State Police in the Department of
Law and Public Safety, and to the responsible official of any other agency authorized by
the Administrative Director of the Courts to print and distribute the Uniform Traffic Ticket
to its law enforcement personnel.

(g) Special Form of Complaint and Summons. A special form of complaint and
summons for any action, as prescribed by the Administrative Director of the Courts,
shall be used in the manner prescribed in place of any other form of complaint and
process.

(h) Use of Special Form of Complaint and Summons in Penalty
Enforcement Proceedings. The Special Form of Complaint and Summons, as
prescribed by the Administrative Director of the Courts, shall be used for all penalty
enforcement proceedings in the municipal court, including those that may involve the
confiscation and/or forfeiture of chattels. If the Special Form of Complaint and
Summons is made by a governmental body or officer, it may be certified or verified on
information and belief by any person duly authorized to act on its or the State's behalf.

Note: Source – Paragraph (a): R. (1969) 7:2, 7:3-1, 3:2-1; paragraph (b): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2- 2; paragraph (c): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2-3; paragraph (d): R. (1969) 7:6-1; paragraph (e): R. (1969) 4:70-3(a); paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998;
paragraph (a) caption added, former paragraph (a) amended and redesignated as paragraph (a)(1),
former paragraph (b) amended and redesignated as paragraph (a)(2), former paragraph (c) redesignated as paragraph (a)(3), former paragraph (d) redesignated as paragraph (b), former paragraph (e) caption and text amended and redesignated as paragraph (c), and former paragraph (f) redesignated as paragraph (d) July 12, 2002 to be effective September 3, 2002; caption for paragraph (a) deleted, former paragraphs (a)(1) and (a)(2) amended and redesignated as paragraphs (a) and (b), former paragraph (a)(3) redesignated as paragraph (c), new paragraph (d) adopted, former paragraph (b) amended and redesignated as paragraph (e), former paragraph (c) deleted, former paragraph (d) amended and redesignated as paragraph (f), and new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c), (d), and (e) amended and redesignated as paragraphs (c), (d), (e), and (f), former paragraphs (f) and (g) redesignated as paragraphs (g) and (h) July 16, 2009 to be effective September 1, 2009; paragraph (e) caption and text amended July 9, 2013 to be effective September 1, 2013; caption amended, and paragraphs (d) and (e) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (d) reallocated as paragraphs (d)(1) and (d)(2), new paragraph (d)(3) added, new paragraph (d) caption added, and paragraph (e) amended November 14, 2016 to be effective January 1, 2017; paragraph (b) amended, subparagraph (d)(3) caption and text amended, and (e) amended August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.

5:22-5. Remand to the Family Part

5:22-5. Remand to the Family Part

(a) Remand with Consent of Parties. With the consent of the juvenile defendant
and the prosecutor, at any point in the proceedings subsequent to the decision ordering
waiver, the Criminal Division may remand to the Family Part if it appears that:

(1) the interests of the public and the best interests of the juvenile require
access to programs or procedures uniquely available in the Family Part; and

(2) the interests of the public are no longer served by waiver.

(b) Remand for Conviction of Non-Waivable Offense. If a juvenile is not
convicted of an offense set forth in N.J.S.A 2A:4A-26.1(c)(2), a conviction for any other
offense shall be deemed a juvenile adjudication and be remanded to the Family Part for
disposition, in accordance with the dispositional options available to the Family Part and all
records related to the act of delinquency shall be subject to the provisions of section 1 of
P.L. 1982, c.79 (C.2A:4A-60).

Note: Adopted August 1, 2016 to be effective September 1, 2016. 

Rule 5:22-4. Proceedings after Waiver

Rule 5:22-4. Proceedings after Waiver

(a) Procedure. Whenever a juvenile is referred to another court as provided by
R. 5:22-1 or R. 5:22-2, the action shall proceed in the same manner as if it has been
instituted in that court in the first instance, and shall be subject to the sentencing provisions
available to that court.

(b) Custodial Sentence Upon Conviction. Upon conviction for any offense which
is subject to waiver pursuant to N.J.S.A. 2A:4A-26.1(c)(2), there shall be a presumption
that the juvenile shall serve any custodial sentence imposed in a State juvenile facility
operated by the Juvenile Justice Commission until the juvenile reaches the age of 21,
except as provided in N.J.S.A. 2A:4A-26.1(f).

Note: Source -- R.R. (1969) 5:9-5(e). Adopted December 20, 1983, to be effective December 31, 1983; caption amended, text amended and designated as paragraph (a) with caption added, and new paragraph (b) adopted August 1, 2016 to be effective September 1, 2016. 

Rule 5:22-3. Detention hearing after referral

Rule 5:22-3. Detention hearing after referral

When a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the
court waiving jurisdiction shall, on hearing, determine pursuant to N.J.S.A. 2A:4A-36
whether detention is necessary. If detention is deemed necessary, there shall be a
presumption that the juvenile shall be detained in a county juvenile detention facility,
unless good cause is shown that it is necessary to detain the juvenile in a county jail or
other county correctional facility in which adults are incarcerated. In no case shall a
juvenile be remanded to an adult detention facility prior to the hearing provided for herein.

Note: Source -- R.R. (1969) 5:9-5(d). Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended November 5, 1986 to be effective January 1, 1987; amended August 1, 2016 to be effective September 1, 2016. 

Rule 5:22-2. Waiver of Jurisdiction and Referral Without Juvenile's Consent

Rule 5:22-2. Waiver of Jurisdiction and Referral Without Juvenile's Consent

(a) Motion for Waiver of Jurisdiction and Referral. A motion seeking waiver of
jurisdiction by the Family Part shall be filed by the prosecutor within 60 days after the
receipt of the complaint, which time may be extended for good cause shown. The motion
shall be accompanied by a written statement of reasons clearly setting forth the facts used
in assessing all factors contained in N.J.S.A. 2A:4A-26.1 et seq., together with an
explanation as to how evaluation of those facts support waiver for each particular juvenile.

(b) Waiver Hearing. At the waiver hearing, the court shall receive the evidence
offered by the State and by the juvenile. No testimony of a juvenile at a hearing to
determine referral by this rule shall be admissible for any purpose in any subsequent
hearing to determine delinquency or guilt of any offense. The court also shall permit crossexamination of any witnesses. The State shall provide proof to satisfy the requirements of
N.J.S.A. 2A:4A-26.1(c)(1) with respect to the age of the juvenile and N.J.S.A. 2A-26.1(c)(2)
with respect to probable cause to believe that the juvenile committed one of the
enumerated delinquent acts. The court also shall review whether the State considered the
factors set forth in N.J.S.A. 2A:4A-26.1(c)(3).

(c) Factors to be Considered. The court may deny a motion by the prosecutor to
waive jurisdiction of a juvenile delinquency case if it is clearly convinced that the
prosecutor abused his or her discretion in considering the factors set forth within N.J.S.A.
2A:4A-26.1(c)(3).

(d) Standards for Referral. The court shall waive jurisdiction of a juvenile
delinquency action without the juvenile's consent and shall refer the action to the
appropriate court and prosecuting authority having jurisdiction pursuant to N.J.S.A.
2A:4A26.1(c).

(e) Order to Waive Jurisdiction and for Referral. An order waiving jurisdiction of
the case and referring the case to the appropriate court and prosecuting authority shall
specify therein the alleged act or acts upon which the referral is based, and all other
delinquent acts charged against the juvenile arising out of or related to the same
transaction.

(f) Filing Complaint Upon Granting of Waiver. Upon the issuance of an order
granting waiver and a detention decision pursuant to N.J.S.A. 2A:4A-36, the waived
juvenile shall, if necessary, be released to law enforcement for the sole purpose of any
post-arrest identification procedures required by N.J.S.A. 53:1-15 or otherwise required by
law, and the prosecutor shall file a complaint with the appropriate court within 12 hours.

Note: Source -- R.R. (1969) 5:9-5(b), (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2)(E) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b)(2)(F) and (b)(4) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)(2)(D), (E) and (F) amended, paragraph (b)(2)(G) adopted June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (b)(1) amended, former paragraphs (b)(2), (b)(3), and (b)(4) deleted, new paragraphs (b)(2), (b)(3), and (b)(4) added July 10, 2002 to be effective September 3, 2002; paragraphs (b)(2)(B) and (b)(2)(C) amended, new paragraph (b)(2)(D) adopted, paragraph (b)(3) caption amended, paragraphs (b)(3)(B) and (b)(3)(C) amended, new paragraph (b)(3)(D) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (b) added, and former paragraphs (b), (c), (d) redesignated as paragraphs (c), (d), (e) June 15, 2007 to be effective September 1, 2007; caption amended, paragraphs (a) and (b) caption and text amended, new paragraph (c) adopted, former paragraph (c) redesignated as paragraph (d) and text amended, former paragraph (d) redesignated as paragraph (e) and caption and text amended, former paragraph (e) deleted with text relocated to paragraph (b) August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted July 27, 2018 to be effective September 1, 2018.

Rule 5:21-3. Detention hearings (a) Initial Detention Hearing. If the juvenile has not been released pursuant to R. 5:21-2, an initial hearing to determine whether pretrial detention is required pursuant to the standards of R. 5:21-5 shall be held no later than the morning following the juvenile's placement in custody, including holidays and weekends. Said hearing shall be on oral or written notice to the juvenile and the juvenile's parents or guardian, all of whom shall be present at the hearing. The hearing, however, shall not be adjourned if such notice or process fails to produce the attendance of the parents or guardian. If a complaint has not been filed by the time the initial hearing is held, the juvenile shall be immediately released from custody. If the juvenile is not represented by counsel at the initial hearing and if the court determines that the juvenile should be detained, a second detention hearing shall be held within two court days after the initial hearing at which the juvenile shall be represented by assigned or retained counsel or by the Public Defender as the circumstances require. (b) Probable Cause Hearing. If the juvenile is detained following the initial detention hearing, the court shall conduct a probable cause hearing within two court days after the initial hearing. Where a second detention hearing is required by paragraph (a), it shall be held with the probable cause hearing. If the court determines that there is no probable cause to believe that the juvenile has committed the conduct alleged in the complaint, the juvenile shall be forthwith released. If probable cause is found, detention review hearings shall be conducted as provided in paragraph (c). (c) Detention Review Hearing. If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings. (d) Findings. Whenever the court places a juvenile in detention, it shall state the reasons therefor on the record, giving consideration to the following factors among others: (1) The nature and circumstances of the offense charged; (2) The age of the juvenile; (3) The juvenile's ties to the community; (4) The juvenile's record of prior adjudications, if any; and (5) The juvenile's record of appearance or non-appearance at previous court proceedings. (e) Credit for Time Served. A juvenile shall receive credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition. Note: Source-R. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 1, 2016 to be effective September 1, 2016.

Rule 5:21-3. Detention hearings

(a) Initial Detention Hearing. If the juvenile has not been released pursuant to
R. 5:21-2, an initial hearing to determine whether pretrial detention is required pursuant
to the standards of R. 5:21-5 shall be held no later than the morning following the
juvenile's placement in custody, including holidays and weekends. Said hearing shall be
on oral or written notice to the juvenile and the juvenile's parents or guardian, all of
whom shall be present at the hearing. The hearing, however, shall not be adjourned if
such notice or process fails to produce the attendance of the parents or guardian. If a
complaint has not been filed by the time the initial hearing is held, the juvenile shall be
immediately released from custody. If the juvenile is not represented by counsel at the
initial hearing and if the court determines that the juvenile should be detained, a second
detention hearing shall be held within two court days after the initial hearing at which the
juvenile shall be represented by assigned or retained counsel or by the Public Defender
as the circumstances require.

(b) Probable Cause Hearing. If the juvenile is detained following the initial
detention hearing, the court shall conduct a probable cause hearing within two court
days after the initial hearing. Where a second detention hearing is required by
paragraph (a), it shall be held with the probable cause hearing. If the court determines
that there is no probable cause to believe that the juvenile has committed the conduct
alleged in the complaint, the juvenile shall be forthwith released. If probable cause is
found, detention review hearings shall be conducted as provided in paragraph (c).

(c) Detention Review Hearing. If the court determines that the juvenile should
continue to be detained, a detention review hearing shall be held within 14 court days
after the prior detention hearing. If detention is again continued, review hearings shall
be held thereafter at intervals not to exceed 21 court days. The juvenile shall be
represented by counsel at all such hearings.

(d) Findings. Whenever the court places a juvenile in detention, it shall state the
reasons therefor on the record, giving consideration to the following factors among
others:

(1) The nature and circumstances of the offense charged;

(2) The age of the juvenile;

(3) The juvenile's ties to the community;

(4) The juvenile's record of prior adjudications, if any; and

(5) The juvenile's record of appearance or non-appearance at previous
court proceedings.

(e) Credit for Time Served. A juvenile shall receive credit on the term of a
custodial sentence for any time served in detention or court-ordered shelter care
between apprehension and disposition.

Note: Source-R. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (e)
amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 1, 2016 to be effective September 1, 2016.

Rule 5:19-4. Use of Restraints on a Juvenile

Rule 5:19-4. Use of Restraints on a Juvenile

(a) Instruments of restraint, such as handcuffs, chains, irons, or
straitjackets, cloth and leather restraints, and other similar items, shall not be used
on a juvenile during a court proceeding and must be removed prior to the juvenile's
entry into the courtroom. Instruments of restraint may be used if, on application to or
by the court, the court finds that:

(1) The use of restraints is necessary due to one of the following
factors:

(A) Instruments of restraint are necessary to prevent physical harm to
the juvenile or another person; or

(B) The juvenile presents a substantial risk of flight from the
courtroom; and

(2) There are no less restrictive alternatives to restraints that will
prevent flight or physical harm to the juvenile or another person, including, but not
limited to, the presence of court personnel, law enforcement officers, or bailiffs.

(b) In making the determination that instruments of restraint are necessary,
the factors that can be considered are:

(1) any past escapes or attempted escapes by the juvenile;

(2) evidence of a present plan of escape involving the juvenile;

(3) any credible threats by the juvenile to harm him or herself or others
during court;

(4) evidence of self-injurious behavior on the part of the juvenile;

(5) any recent history of disruptive courtroom behavior that has placed
others in potentially harmful situations or presents a substantial risk of inflicting
physical harm on the juvenile or others;

(6) any other factors the court deems relevant to assess present risk
in the court proceeding.

(c) The court shall provide the juvenile’s attorney and the prosecutor an
opportunity to be heard before the court orders the use of restraints. If restraints are
ordered, the court shall make findings of fact on the record in support of the order.

(d) If restraints are deemed necessary, the least restrictive restraints shall
be used. Any restraints shall allow the juvenile limited movement of the hands to
read and handle documents and writings necessary to the hearing. Under no
circumstances should a juvenile be restrained to a stationary object or another
person.

Note: Adopted November 1, 2016 to be effective January 1, 2017.