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.