Rule 3:26-8. Bail Sufficiency; Source Hearing

Rule 3:26-8. Bail Sufficiency; Source Hearing

(a) Time and Notice. Where a defendant has posted monetary bail the State
may request either orally or in writing, at any time prior to the commencement of trial, a
hearing pursuant to N.J.S.A. 2A:162-13. The request shall be made on notice to the
defendant's counsel, or on notice to the defendant if he or she is unrepresented at the
time the request is made.

(b) Request for Hearing. If the State requests a hearing pursuant to N.J.S.A.
2A:162-13 and the defendant is charged with a crime enumerated in paragraph (a) of
N.J.S.A. 2A:162-12, the court shall conduct a hearing within the time prescribed by
section (c) hereof. If the State requests a hearing pursuant to N.J.S.A. 2A:162-13 and
the defendant is not charged with a crime enumerated in paragraph (a) of N.J.S.A.
2A:162-12, the State must demonstrate a reasonable and well grounded basis to
warrant an inquiry by the court regarding:

(1) the reliability of the obligor or person posting cash bail, the value and
sufficiency of any security offered, the relationship of the obligor or person posting cash
bail to the defendant, and the defendant's interest in ensuring that the bail is not
forfeited, or

(2) whether the funds used to post the cash bail or secure the bail bond
were acquired as a result of criminal or unlawful conduct.
If the court grants the State's request for a hearing as to a defendant who
is not charged with a crime enumerated in paragraph (a) of N.J.S.A. 2A:162-12, the
court shall set forth on the record and in the bail order the reasons for granting the
request.

(c) Time of Hearing. The court shall conduct a hearing required or authorized
pursuant to N.J.S.A. 2A:162-13 within three (3) business days after monetary bail is
posted or proffered if defendant is incarcerated, or within a reasonable period of time
after granting the request if the defendant has been released on bail.

(d) Release of Defendant; Failure to Appear. If the defendant has not yet been
released when the State requests a hearing for a person charged with a crime
enumerated in N.J.S.A. 2A:162-12 or when the court grants a request for a hearing for
any other offense, the defendant shall remain in custody until further order of the court.
If the defendant has already been released after posting monetary bail, the conditions of
the defendant's pretrial release status shall be maintained until the completion of the
hearing and the defendant will be notified when to appear in court for the hearing.
Should the defendant fail to appear for the hearing the monetary bail shall be forfeited
and a warrant shall issue for the arrest of the defendant.

(e) Hearing. At the hearing pursuant to N.J.S.A. 2A:162-13, the court may order
the examination, under oath or otherwise, of any person who may possess relevant
information, and may inquire into any matter appropriate to its determination, including,
but not limited to, the following:

(1) The character, background and reputation of the person posting cash
bail;

(2) The relationship of the person posting cash bail or securing a bail bond
to the defendant;

(3) The source of any money posted as cash bail and whether any such
money constitutes the fruits of criminal or unlawful conduct;

(4) The character, background and reputation of any person who has
indemnified or agreed to indemnify an obligor on the bond;

(5) The character, background, and reputation of any obligor, or, in the
case of a surety bond, the qualifications of the surety and its executing agent;

(6) The source of any money or property deposited by any obligor as
security and whether such money or property constitutes the fruits of criminal or
unlawful conduct; and

(7) The source of any money or property delivered or agreed to be
delivered by any obligor as indemnification on the bond and whether such money or
property constitutes the fruits of criminal or unlawful conduct.

(f) Order. At the conclusion of the hearing, the court shall make specific findings
of fact and issue an order complying with N.J.S.A. 2A:162-13(b) regarding the person
posting or proffering cash bail or serving as obligor on any bond, the sufficiency and
value of the security for monetary bail posted or proffered by the defendant, the source
of funds used to post cash bail or secure a bail bond and identifying the approved
source(s) of monetary bail. The defendant shall not be released from custody unless he
or she complies with the conditions of the court's order. If the defendant has already
been released, he or she shall be returned to custody, immediately, and not be released
until the conditions of the court order regarding the bail are satisfied.

(g) Nothing herein shall prevent the court from otherwise setting monetary bail,
or altering monetary bail on motion therefor, in accordance with the rules of court.

Note: Adopted July 9, 2008 to be effective September 1, 2008; paragraphs (a), (c), (d), (f), and
(g) amended August 30, 2016 to be effective January 1, 2017.