Rule 5:7C. 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 any offense under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d,
along with any underlying offense, 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 offense charged on a ComplaintWarrant (CDR-2). This rule only applies to defendants 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 paragraph
(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 paragraph (a) of this rule and
the maximum period of incarceration is reached pursuant to paragraph (b) of this rule, the
Superior 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 under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d
along with any underlying offense, and was detained pursuant to R. 3:4A, a Superior Court
judge shall conduct a release hearing and make the release decision. In matters in which
the defendant has been issued a Complaint-Warrant (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 July 28, 2017 to be effective September 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 any offense under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d,
along with any underlying offense, 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 offense charged on a ComplaintWarrant (CDR-2). This rule only applies to defendants 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 paragraph
(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 paragraph (a) of this rule and
the maximum period of incarceration is reached pursuant to paragraph (b) of this rule, the
Superior 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 under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d
along with any underlying offense, and was detained pursuant to R. 3:4A, a Superior Court
judge shall conduct a release hearing and make the release decision. In matters in which
the defendant has been issued a Complaint-Warrant (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 July 28, 2017 to be effective September 1, 2017.
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