Rule 3:26-9. Disclosures to Pretrial Services Program: Confidentiality

Rule 3:26-9. Disclosures to Pretrial Services Program: Confidentiality

(a) No statement or other disclosure, written or otherwise, made by a defendant
to the Pretrial Services Program may be used by the prosecution to prove any crime or
offense alleged in the pending case.

(b) Except as provided in paragraph (c) or (d), all statements or other
disclosures, written or otherwise, made by a defendant to the Pretrial Services Program
shall be used only for the purposes of (1) making recommendations to the court
concerning the release or detention of the defendant, (2) monitoring or enforcing any
nonmonetary release conditions, or (3) determining the defendant's eligibility for the
services of the Office of the Public Defender, and shall otherwise remain confidential.

(c) Nothing in paragraphs (a) or (b) shall be construed to limit the use of any such
disclosure in any subsequent prosecution for:

(1) Fraudulently obtaining pretrial release, or

(2) Fraudulently obtaining the services of the public defender.

(d) Nothing in paragraphs (a) or (b) shall be construed to limit the use of any
such disclosure:

(1) In pretrial release modification or revocation proceedings, or

(2) For the purpose of compiling presentence reports.

(e) To the extent that paragraphs (b), (c), or (d) authorize the use of a disclosure,
such disclosure shall be limited to the minimum information necessary to facilitate the
authorized use and shall not be used if the information is available from another source.

(f) At the defendant's initial interview by the Pretrial Services Program, the
defendant shall be advised of the permissible uses of any statements or disclosures
made to the Pretrial Services Program.

Note: Adopted July 28, 2017 to be effective September 1, 2017.