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.
(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.
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