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.

Rule 3:26-7. Exoneration

Rule 3:26-7. Exoneration

When the condition of the recognizance has been satisfied or the forfeiture
thereof has been set aside or remitted, the court shall exonerate the obligors and
release any monetary bail. A surety may be exonerated by a deposit of cash in the
amount of the recognizance or by a timely surrender of the defendant into custody.

Note: Source -- R.R. 3:9-8; amended August 30, 2016 to be effective January 1, 2017.

Rule 3:26-6. Forfeiture

Rule 3:26-6. Forfeiture

(a) Declaration; Notice. Declaration; Notice. Upon breach of a condition of a
recognizance, the court on its own motion shall order forfeiture of the monetary bail, and
the finance division manager shall forthwith send notice of the forfeiture, by ordinary
mail, to county counsel, the defendant, and any surety or insurer, bail agent or agency
whose names appear on the bail recognizance. Notice to any insurer, bail agent or
agency shall be sent to the address recorded in the Bail Registry maintained by the
Clerk of the Superior Court pursuant to R. 1:13-3. The notice shall direct that judgment
will be entered as to any outstanding monetary bail absent a written objection seeking to
set aside the forfeiture, which must be filed within 75 days of the date of the notice. The
notice shall also advise the insurer that if it fails to satisfy a judgment entered pursuant
to paragraph (c), and until satisfaction is made, it shall be removed from the Bail
Registry and its bail agents and agencies, guarantors, and other persons or entities
authorized to administer or manage its bail bond business in this State will have no
further authority to act for it, and their names, as acting for the insurer, will be removed
from the Bail Registry. In addition the bail agent or agency, guarantor or other person or
entity authorized by the insurer to administer or manage its bail bond business in this
State who acted in such capacity with respect to the forfeited bond will be precluded, by
removal from the Bail Registry, from so acting for any other insurer until the judgment
has been satisfied. The court shall not enter judgment until the merits of any objection
are determined either on the papers filed or, if the court so orders for good cause, at a
hearing. In the absence of objection, judgment shall be entered as provided in
paragraph (c), but the court may thereafter remit it, in whole or in part, pursuant to the
court rules and/or administrative directives, including but not limited to the Revised
Remission Guidelines.

(b) Setting Aside. The court may, either before or after the entry of judgment,
direct that an order of forfeiture or judgment be set aside, in whole or in part, pursuant to
the court rules and/or administrative directives, including but not limited to the Revised
Remission Guidelines, upon such conditions as it imposes.

(c) Enforcement; Remission. In the absence of a motion, when a forfeiture is not
set aside or satisfied, the court shall, upon expiration of the 75 days provided for in
paragraph (a), summarily enter a judgment of default for any outstanding bail and
execution may issue thereon.

The time period of 75 days may be extended by the court to permit one stay by
consent order of no more than 30 days. Entry of judgment shall follow, unless upon
motion to the court a longer period is permitted based upon a finding of exceptional
circumstances.

After entry of such judgment, the court may remit it in whole or in part, pursuant
to the court rules and/or administrative directives, including but not limited to the
Revised Remission Guidelines. If, following the court's decision on an objection
pursuant to paragraph (a) of this rule, the forfeiture is not set aside or satisfied in whole
or in part, the court shall enter judgment for any outstanding bail and, in the absence of
satisfaction thereof, execution may issue thereon.

Judgments entered pursuant to this rule shall also advise the insurer that if it fails
to satisfy a judgment, and until satisfaction is made, it shall be removed from the Bail
Registry and its bail agents and agencies, guarantors, and other persons or entities
authorized to administer or manage its bail bond business in this State will have no
further authority to act for it, and their names, as acting for the insurer, will be removed
from the Bail Registry, as provided in paragraph (a). A copy of the judgment entered
pursuant to this rule is to be served by ordinary mail to county counsel, and on any
surety or any insurer, bail agent or agency named in the judgment. Notice to any
insurer, bail agent or agency shall be sent to the address recorded in the Bail Registry.
In any contested proceeding, county counsel shall appear on behalf of the government.
County counsel shall be responsible for collection of forfeited amounts.

Note: Source -- R.R. 3:9-7(a) (b) (c) (first sentence) (d); paragraphs (a) and (c) amended July 10,
1998 to be effective September 1, 1998; paragraphs (a), (b) and (c) amended July 28, 2004 to be
effective September 1, 2004; paragraph (a) amended August 30, 2016 to be effective January 1, 2017;
paragraphs (a), (b) and (c) amended July 28, 2017 to be effective September 1, 2017.

Rule 3:26-5. Justification of Sureties

Rule 3:26-5. Justification of Sureties

Every surety, except an approved corporate surety, shall justify by affidavit and
be required to describe therein the property by which the surety proposes to justify and
the encumbrances thereon, the number and amount of other recognizances and
undertakings for monetary bail entered into by the surety and remaining undischarged, if
any, and all the surety's other liabilities. No recognizance shall be approved unless the
surety thereon shall be qualified.

Note: Source -- R.R. 3:9-6; amended July 13, 1994 to be effective September 1, 1994; amended
August 30, 2016 to be effective January 1, 2017.

Rule 3:26-4. Form and Place of Deposit; Location of Real Estate; Record of Recognizances, Discharge and Forfeiture Thereof

Rule 3:26-4. Form and Place of Deposit; Location of Real Estate; Record of
Recognizances, Discharge and Forfeiture Thereof

(a) Deposit of Monetary Bail. A person admitted to monetary bail or a
combination of monetary bail and non-monetary conditions of pretrial release shall,
together with that person's sureties, sign and execute a recognizance before the person
authorized to take monetary bail or, if the defendant is in custody, the person in charge
of the place of confinement. The recognizance shall contain the terms set forth in R.
1:13-3(b) and shall be conditioned upon the defendant's appearance at all stages of the
proceedings until final determination of the matter, unless otherwise ordered by the
court. One or more sureties may be required. Cash may be accepted and in proper
cases no security need be required. A corporate surety shall be one approved by the
Commissioner of Insurance and shall execute the recognizance under its corporate
seal, cause the same to be duly acknowledged and shall annex thereto proof of
authority of the officers or agents executing the same and of corporate authority and
qualification. Monetary bail given in the Superior Court shall be deposited with the
Finance Division Manager in the county in which the offense was committed, provided
that upon order of the court monetary bail shall be transferred from the county of deposit
to the county in which defendant is to be tried. Real estate offered as monetary bail for
indictable and non-indictable offenses shall be approved by and deposited with the clerk
of the county in which the offense occurred and not with the Municipal Court clerk. In
any county, with the approval of the Assignment Judge, a program may be instituted for
the deposit in court of cash in the amount of 10 percent of the amount of monetary bail
fixed.

(b) Limitation on Individual Surety. Unless the court for good cause otherwise
permits, no surety, other than an approved corporate surety, shall enter into a
recognizance or undertaking for monetary bail if there remains undischarged any
previous recognizance or monetary bail undertaken by that surety.

(c) Real Estate in Other Counties. Real estate owned by a surety located in a
county other than the one in which the monetary bail is taken may be accepted, in which
case the clerk of the court in which the monetary bail is taken shall forthwith transmit a
copy of the recognizance certified by that clerk to the clerk of the county in which the
real estate is situated, who shall record it in the same manner as if the recognizance
had been taken in that clerk's county.

(d) Record of Recognizance. The clerk of every court, except the municipal
court, before which any recognizance shall be entered into shall record immediately into
the Central Automated Bail System (CABS), the names of the persons entering into the
recognizance, the amount thereof and the date of its acknowledgment. The Central
Automated Bail System shall be kept in the clerk's office of the county in which such
court shall be held, and be open for public inspection. In municipal court proceedings
the record of the recognizance shall be entered in the docket book maintained by the
clerk.

(e) Record of Discharge; Forfeiture. When any recognizance shall be discharged
by court order upon proof of compliance with the conditions thereof or by reason of the
judgment in any matter, the clerk of the court shall enter the word "discharged" and the
date of discharge at the end of the record of such recognizance. When any
recognizance is forfeited, the Finance Division Manager shall enter the word "forfeited",
and the date of forfeiture at the end of the record of such recognizance, and shall give
notice of such forfeiture to the county counsel. When real estate of the surety located in
a county other than the one in which the bail was taken is affected, the clerk of the court
in which such recognizance is given shall forthwith send notice of the discharge or
forfeiture and the date thereof to the clerk of the county where such real estate is
situated, who shall make the appropriate entry at the end of the record of such
recognizance.

(f) Cash Deposit. When a person other than the defendant deposits cash in lieu
of bond, the person making the deposit shall file an affidavit or certification concerning
the lawful ownership thereof, and on discharge such cash may be returned to the owner
named in the affidavit or certification.

(g) Ten Percent Cash Bail. Except in first or second degree cases and certain
crimes or offenses involving domestic violence as set forth in N.J.S.A. 2A:162-12 and
unless the order setting monetary bail specifies to the contrary for good cause shown,
whenever monetary bail is set pursuant to Rule 3:26-1, monetary bail may be satisfied
by the deposit in court of cash in the amount of ten-percent of the amount of monetary
bail fixed and defendant's execution of a recognizance for the remaining ninety percent.
No surety shall be required unless the court fixing monetary bail specifically so orders.
When cash equal to ten-percent of the monetary bail fixed is deposited pursuant to this
Rule, if the cash is owned by someone other than the defendant, the owner shall charge
no fee for the deposit other than lawful interest and shall submit an affidavit or
certification with the deposit so stating and also listing the names of any other persons
for whom the owner has deposited monetary bail. The person making the deposit
authorized by this subsection shall file an affidavit or certification concerning the lawful
ownership thereof, and on discharge such cash may be returned to the owner named in
the affidavit or certification.

Note: Source -- R.R. 3:9-5(a)(b)(c)(d)(e)(f)(g). Paragraph (a) amended June 29, 1973 to be
effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (g) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (f) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (g) amended February 27, 1995 to be effective immediately; paragraphs (a), (d), (e), (f) and (g) amended June 15, 2007 to be effective September 1, 2007;  paragraph (g)
amended July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended,
paragraphs (b), (c) and (g) amended August 30, 2016 to be effective January 1, 2017.

Rule 3:26-2. Authority to Set Conditions of Pretrial Release

Rule 3:26-2. Authority to Set Conditions of Pretrial Release

(a) Authority to Set Conditions of Pretrial Release. A Superior Court judge may
set conditions of pretrial release for a person charged with any offense and may set
monetary bail or take any action in accordance with the Uniform Criminal Extradition
Law, N.J.S.A. 2A:160-6 et seq., for any person arrested in any extradition proceeding.
Conditions of pretrial release for any offense except a person arrested in any extradition
proceeding may be set by any other judge provided that judge is setting conditions of
pretrial release as part of a first appearance pursuant to Rule 3:4-2(b).

(b) Conditions of Release. Conditions of pretrial release shall be set pursuant to
R. 3:4-2 (d) or (e) for persons for whom a complaint-warrant or a warrant on indictment
is issued for an initial charge involving an indictable offense or a disorderly persons
offense. A defendant who is the subject of a warrant on indictment is an eligible
defendant pursuant to N.J.S.A. 2A:162-15 et seq.

(1) The court shall order the pretrial release of a defendant on personal
recognizance or on the execution of an unsecured appearance bond when, after
considering all the circumstances, the Pretrial Services Program’s risk assessment and
recommendations on conditions of release prepared pursuant to N.J.S.A. 2A:162-25,
and any information that may be provided by a prosecutor or the defendant, the court
finds that the release would reasonably assure the defendant’s appearance in court
when required, the protection of the safety of any other person or the community, and
that the defendant will not obstruct or attempt to obstruct the criminal justice process.
When the court orders pretrial release pursuant to this subparagraph, the court shall, in
the document authorizing the release, notify the defendant that the defendant must
appear in court when required and that a failure to appear may result in the issuance of
a warrant for the defendant’s arrest.

(2) If the court does not find, after consideration, that the release
described in subparagraph (1) of this paragraph will reasonably assure the defendant’s
appearance in court when required, the protection of the safety of any other person or
the community, and that defendant will not obstruct or attempt to obstruct the criminal
justice process, the court may order the pretrial release of the defendant subject to the
following:

(A) the defendant shall appear in court as required;

(B) the defendant shall not commit any offense during the period of
release;

(C) the defendant shall avoid all contact with an alleged victim of the
crime; and

(D) the defendant shall avoid all contact with all witnesses who may testify
concerning the offense that are named in the document authorizing the defendant’s
release or in a subsequent court order.
The court may impose other non-monetary conditions of release as set
forth in subparagraph (3).

(3) The non-monetary condition or conditions of a pretrial release ordered
by the court pursuant to this paragraph shall be the least restrictive condition, or
combination of conditions, that the court determines will reasonably assure the
defendant’s appearance in court when required, the protection of the safety of any other
person or community, and that the defendant will not obstruct or attempt to obstruct the
criminal justice process, which may include that the defendant:

(A) remain in the custody of a designated person, who agrees to assume
supervision and to report any violation of a release condition to the court, if the
designated person is able to reasonably assure the court that the defendant will appear
in court when required, will not pose a danger to the safety of any other person or the
community, and will not obstruct or attempt to obstruct the criminal justice process;

(B) will maintain employment, or, if unemployed, actively seek
employment;

(C) maintain or commence an educational program;

(D) abide by specified restrictions on personal associations, place of
abode or travel;

(E) report on a regular basis to a designated law enforcement agency, or
other agency, or Pretrial Services Program;

(F) comply with a specified curfew;

(G) refrain from possessing a firearm, destructive device, or other
dangerous weapon;

(H) refrain from excessive use of alcohol, or any use of a narcotic drug or
other controlled substance without a prescription by a licensed medical practitioner;

(I) undergo available medical, psychological, or psychiatric treatment,
including treatment for drug or alcohol dependency, and remain in a specified institution
if required for that purpose;

(J) return to custody for specified hours following release for employment,
schooling, or other limited purposes;

(K) be placed in a pretrial home supervision capacity with or without the
use of an approved electronic monitoring device. The court may order the defendant to
pay all or a portion of the costs of the electronic monitoring, but the court may waive the
payment for a defendant who is indigent and who has demonstrated to the court an
inability to pay all or a portion of the costs; or

(L) satisfy any other condition that is necessary to reasonably assure the
defendant’s appearance in court when required, the protection of the safety of any other
person or the community, and that the defendant will not obstruct or attempt to obstruct
the criminal justice process.

If the court enters a release order that is contrary to the release
recommendations, including release conditions, of the Pretrial Services Program
obtained by using a risk assessment instrument, then the court shall set forth in the
document authorizing the release its reasons for not accepting the release
recommendations.

(c) Modification of Release Conditions.

(1) Monetary Bail Reductions. If a defendant is unable to post monetary
bail, the defendant shall have that monetary bail reviewed promptly and may file an
application with the court seeking a monetary bail reduction which shall be heard in an
expedited manner.

(2) Review of Conditions of Release. Except as provided in paragraphs

(d) or (e) a Superior Court judge may review the conditions of pretrial release set
pursuant to Rule 3:26-1 on its own motion, or upon motion by the prosecutor or the
defendant alleging that there has been a material change in circumstance that justifies a
change in conditions. Any review of conditions pursuant to this rule shall be decided
within 30 days of the filing of the motion. Upon a finding that there has been a material
change in circumstance, the judge may set new conditions of release but may not order
the defendant detained except as provided in Rule 3:4A.

(d) Violations of Conditions of Release.

(1) Violation of Condition of Release When Defendant Released from Jail.
Upon the motion of the prosecutor, when a defendant for whom a complaint-warrant or
warrant on indictment was issued is released from custody, the court, upon a finding, by
a preponderance of the evidence, that the defendant while on release violated a
restraining order or condition of release, or upon a finding of probable cause to believe
that the defendant has committed a new crime while on release, may revoke the
defendant's release and order that the defendant be detained pending trial where the
court, after considering all relevant circumstances including but not limited to the nature
and seriousness of the violation or criminal act committed, finds clear and convincing
evidence that no monetary bail, non-monetary conditions of release or combination of
monetary bail and conditions would reasonably assure the defendant's appearance in
court when required, the protection of the safety of any other person or the community,
or that the defendant will not obstruct or attempt to obstruct the criminal justice process.

(2) Hearing on Violations of Conditions of Release. The defendant shall
have a right to be represented by counsel and, if indigent, to have counsel appointed if
he or she cannot afford counsel. The defendant shall be afforded the right to testify, to
present witnesses, to cross-examine witnesses who appear at the hearing and to
present information by proffer or otherwise. Testimony of the defendant given during
the hearing shall not be admissible on the issue of guilt in any other judicial proceeding,
but the testimony shall be admissible in proceedings related to the defendant’s
subsequent failure to appear, proceedings related to any subsequent offenses
committed during the defendant’s release, proceedings related to the defendant’s
subsequent violation of any conditions of release, any subsequent perjury proceedings,
and for the purpose of impeachment in any subsequent proceedings. The defendant
shall have the right to be present at the hearing. The rules governing admissibility of
evidence in criminal trials shall not apply to the presentation and consideration of
information at the hearing.

(3) Discovery. If the prosecutor is seeking release revocation, and the
prosecutor had not previously moved to detain defendant, then the prosecutor no later
than 24 hours before the release revocation hearing must comply with the discovery
obligations as set forth in R. 3:4-2(c)(2), as well as provide defendant with (A) all
statements or reports relating to evidence the State relies on to establish the violation,

(B) all statements or reports relating to the factors listed in N.J.S.A. 2A:162-24 that the
State relies upon to support release revocation at the hearing, and (C) all exculpatory
evidence.

(e) Person Released on a Complaint-Summons or Summons on Indictment Who
is Thereafter Arrested on a Warrant for a Failure to Appear. If a defendant charged on a
complaint-summons or a summons on indictment is subsequently arrested on a warrant
for a failure to appear in court when required, that defendant shall be eligible for release
on personal recognizance or release on monetary bail by sufficient sureties at the
discretion of the court. If monetary bail was not set when an arrest warrant for the
defendant was issued, the court shall set monetary bail without unnecessary delay, but
in no case later than 12 hours after arrest.

Note: Source -- R.R. 3:9-3(a) (b) (c); amended July 24, 1978 to be effective September 11, 1978;
amended May 21, 1979 to be effective June 1, 1979; amended August 28, 1979 to be effective
September 1, 1979; amended July 26, 1984 to be effective September 10, 1984; caption amended,
former text amended and redesignated paragraph (a) and new paragraphs (b), (c) and (d) adopted July
13, 1994 to be effective January 1, 1995; paragraph (b) amended January 5, 1998 to be effective
February 1, 1998; paragraph (d) amended July 9, 2013 to be effective September 1, 2013; paragraph (a) amended July 27, 2015 to be effective September 1, 2015; caption amended, paragraphs (a) and (b) caption and text amended, former paragraphs (c) and (d) deleted, and new paragraphs (c), (d), and (e) adopted August 30, 2016 to be effective January 1, 2017; paragraphs (b) and (d)(1) amended November 14, 2016 to be effective January 1, 2017; paragraph (a) amended December 6, 2016 to be effective January 1, 2017; paragraphs (b) and (d)(1) amended, and caption and text of paragraph (e) amended July 28, 2017 to be effective September 1, 2017; paragraphs (a) and (b) amended, subparagraph (d)(2) amended, and new subparagraph (d)(3) adopted July 27, 2018 to be effective September 1, 2018. 

Rule 3:26-1. Right to Pretrial Release Before Conviction

Rule 3:26-1. Right to Pretrial Release Before Conviction

(a) Persons Entitled; Standards for Fixing.

(1) Persons Charged on a Complaint-Warrant or Warrant on Indictment.
Except when the prosecutor files a motion for pretrial detention pursuant to N.J.S.A.
2A:162-18 and 19 and R. 3:4A, all persons for whom a complaint-warrant or a warrant
on indictment is issued for an initial charge involving an indictable offense or disorderly
persons offense shall be released before conviction on either personal recognizance,
the execution of an unsecured appearance bond, or the least restrictive non-monetary
conditions that, in the judgment of the court, will reasonably assure their presence in
court when required, the protection of the safety of any other person or the community,
and that the defendant will not obstruct or attempt to obstruct the criminal justice
process. A defendant who is the subject of a warrant on indictment is an eligible
defendant pursuant to N.J.S.A. 2A:162-15 et seq. In addition to these non-monetary
conditions, monetary conditions may be set for a defendant but only when it is
determined that no other conditions of release will reasonably assure the defendant's
appearance in court when required. The court shall consider all the circumstances, the
Pretrial Services Program's risk assessment and recommendations and any information
that may have been provided by a prosecutor or the defendant on conditions of release
before making any pretrial release decision. If the court enters a release order
containing conditions contrary to those recommended by the Pretrial Services Program
obtained using a risk assessment instrument then the court shall set forth its reasons for
not accepting those recommendations. The court shall make a pretrial release
determination no later than 48 hours after a defendant's commitment to the county jail.

When a defendant is charged with a crime or offense involving domestic
violence, the court authorizing the release may, as a condition of release, prohibit the
defendant from having any contact with the victim. The court may impose any additional
limitations upon contact as otherwise authorized by N.J.S.A. 2C:25-26.

(2) Persons Charged on a Complaint-Summons or Summons on
Indictment. A defendant who is charged on a complaint-summons or summons on
indictment shall be released from custody. If the defendant later fails to appear in court
when required and the court issues a bench warrant for the defendant's arrest, the court
shall at that time either (A) order that the defendant be released on personal
recognizance upon arrest or (B) set monetary bail.

(b) Restrictions on Contact. If the court imposes conditions of pretrial release
that include restrictions on contact between the defendant and defendant's minor child,
(1) a copy of the order imposing the restrictions shall be transmitted to the Family Part,
and (2) such restrictions shall not affect contact authorized by an order of the Family
Part in a child abuse/neglect case entered after any restriction on contact was imposed
as part of a bail order.

(c) Crimes with Bail Restrictions Defined in N.J.S.A. 2A:162-12. If a defendant is
charged with a crime with bail restrictions as defined in N.J.S.A. 2A:162-12, and the
court has set a monetary bail or a combination of a monetary bail and non-monetary
conditions of pretrial release, no later than the time of posting monetary bail or
proffering the surety or bail bond, the defendant shall provide to the prosecutor, on the
Bail Source Inquiry Questionnaire promulgated by the Attorney General, relevant
information about the obligor, indemnifier or person posting cash bail, the security
offered, and the source of any money or property used to post the cash bail or secure
the surety or bail bond.

(d) Extradition Proceedings. Where a person has been arrested in any
extradition proceeding pursuant to the Uniform Criminal Extradition Law, N.J.S.A.
2A:160-6 et seq., the court may set monetary bail or bond except where that person is
charged with a crime punishable by death or life imprisonment. The court may also
commit the person to the county jail as provided by the Uniform Criminal Extradition
Law, N.J.S.A. 2A:160-6 et seq.

(e) Issuance of Restraining Orders By Electronic Communication.

(1) Temporary Domestic Violence Restraining Orders. Procedures
authorizing the issuance of temporary domestic violence restraining orders by electronic
communication are governed by R. 5:7A(d).

(2) N.J.S.A. 2C:35-5.7 and N.J.S.A. 2C:14-12 Restraining Orders. A
judge may as a condition of release issue a restraining order pursuant to N.J.S.A.
2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") and N.J.S.A. 2C:14-12
("Nicole's Law") upon sworn oral testimony of a law enforcement officer or prosecuting
attorney who is not physically present. Such sworn oral testimony may be
communicated to the judge by telephone, radio or other means of electronic
communication. The judge shall contemporaneously record such sworn oral testimony
by means of a recording device if available; otherwise, adequate notes summarizing
what is said shall be made by the judge. Subsequent to taking the oath, the law
enforcement officer or prosecuting attorney must identify himself or herself, specify the
purpose of the request and disclose the basis of the application. This sworn testimony
shall be deemed to be an affidavit for the purposes of issuance of a restraining order.
Upon issuance of the restraining order, the judge shall memorialize the specific terms of
the order. That memorialization shall be either by means of a recording device, or by
adequate notes. Thereafter, the judge shall direct the law enforcement officer or
prosecuting attorney to memorialize the specific terms authorized by the judge on a
form, or other appropriate paper, designated as the restraining order. This order shall
be deemed a restraining order for the purpose of N.J.S.A. 2C:35-5.7 ("Drug Offender
Restraining Order Act of 1999") and N.J.S.A. 2C:14-12 ("Nicole's Law"). The judge
shall direct the law enforcement officer or prosecuting attorney to print the judge's name
on the restraining order. A copy of the restraining order shall be served upon the
defendant by any officer authorized by law. Within 48 hours, the law enforcement
officer or prosecuting attorney shall deliver to the judge, either in person, by facsimile
transmission or by other means of electronic communication, the signed restraining
order along with a certification of service upon the defendant. The certification of
service shall include the date and time that service upon the defendant was made or
attempted to be made in a form approved by the Administrative Director of the Courts.
The judge shall verify the accuracy of these documents by affixing his or her signature
to the restraining order.

(3) Certification of Offense Location for Drug Offender Restraining
Orders. When a restraining order is issued by electronic communication pursuant to
N.J.S.A. 2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") where the law
enforcement officer or prosecuting attorney is not physically present at the same
location as the court, the law enforcement officer or prosecuting attorney must provide
an oral statement describing the location of the offense. Within 48 hours the law
enforcement officer or prosecuting attorney shall deliver to the judge, either in person,
by facsimile transmission or by other means of electronic communication, a certification
describing the location of the offense.

Note: Source -- R.R. 3:9-1(a) (b) (c) (d); paragraph (a) amended September 28, 1982 to be
effective immediately; paragraphs (a), (b), (c) and (d) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; new paragraph (b)
adopted, and former paragraphs (b), (c), and (d) redesignated as paragraphs (c), (d), and (e) June 15,
2007 to be effective September 1, 2007; new paragraph (c) adopted and former paragraphs (c), (d), and (e) redesignated as paragraphs (d), (e), and (f) July 9, 2008 to be effective September 1, 2008; paragraph (a) amended and new paragraph (g) adopted July 9, 2013 to be effective September 1, 2013; caption amended, text of paragraph (a) amended and redesignated as paragraph (a)(1) with caption added, new paragraph (a)(2) adopted, paragraphs (b) and (c) amended, former paragraphs (d) and (e) deleted; former paragraph (f) amended and redesignated as paragraph (d), former paragraph (g) amended and redesignated as paragraph (e) August 30, 2016 to be effective January 1, 2017; paragraph (a)(1) amended November 14, 2016 to be effective January 1, 2017; paragraphs (a)(1), (a)(2), and (d) amended December 6, 2016 to be effective January 1, 2017; captions and text of paragraphs (a)(1) and (a)(2) amended July 28, 2017 to be effective September 1, 2017; subparagraph (e)(1) amended July 29, 2019 to be effective September 1, 2019.

Rule 3:25-4. Speedy Trial for Certain Defendants

Rule 3:25-4. Speedy Trial for Certain Defendants

(a) Eligible Defendant. For purposes of this rule, the term "defendant" or
"eligible defendant" shall mean a person for whom a complaint-warrant or warrant on
indictment was issued for an initial charge involving an indictable offense or a disorderly
persons offense and who: (1) is detained pursuant to R. 3:4A or R. 3:26-2(d)(1), or (2) is
detained in jail or a juvenile detention facility due to an inability to post monetary bail
pursuant to R. 3:26. A defendant who is the subject of a warrant on indictment is an
eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. This rule only applies to an
eligible defendant who is arrested on or after January 1, 2017, regardless of whether
the crime or offense related to the arrest was allegedly committed before, on, or after
January 1, 2017. For defendants who are detained only for a disorderly persons
offense, the limits on pretrial incarceration are governed by R. 7:8-11.

(b) On Failure to Indict.

(1) Time Period. Except as provided in paragraph (d), prior to the return
of an indictment, an eligible defendant shall not remain detained in jail for more than 90
days following the date of the defendant’s commitment to the county jail pursuant to R.
3:4-1(a)(2) or (b) or R. 3:26-2(d)(1) not counting excludable time as set forth in
paragraph (i) of this rule. For a defendant who has been detained following waiver of
jurisdiction by the Family Part, the time shall commence from the date following the
issuance of a complaint-warrant after waiver has been ordered.

(2) Motion by the Prosecutor to Extend Time for Failure to Indict. If the
eligible defendant is not indicted within the time frame calculated pursuant to
subparagraph (b)(1) of this rule, the eligible defendant shall be released from jail or a
juvenile detention facility unless on motion of the prosecutor, the court finds that a
substantial and unjustifiable risk to the safety of any other person or the community or
the obstruction of the criminal justice process would result from the defendant’s release
from custody, so that no appropriate conditions for the defendant’s release could
reasonably address that risk, and also finds that the failure to indict the defendant in
accordance with the time requirement set forth in this rule was not due to unreasonable
delay by the prosecutor. The prosecutor must file a notice of motion accompanied by a
brief with an explanation of the reasons for the delay that justify the extension of time for
return of the indictment. The motion to extend the time to return an indictment shall be
filed with the court and served upon the defendant and defense counsel by the
prosecutor no later than 15 calendar days prior to the expiration of the 90 day time
frame, adjusted for excludable time, calculated pursuant to paragraph (b)(1) of this rule.
Upon good cause shown this deadline may be relaxed.

(3) Objection by Defendant. Within 5 calendar days of the receipt of the
prosecutor’s motion to extend the time to return an indictment, the defendant may file an
objection to the prosecutor’s motion and request oral argument. If the court decides to
hold oral argument the argument must be held within 5 calendar days of the defendant’s
request.

(4) Court Determination.

(A) The court shall consider and render a decision on the prosecutor’s
motion to extend the time to return an indictment and any objections filed by the
defendant within 5 calendar days of the prosecutor’s motion, defendant’s objection, or
oral argument, whichever is later. The court may, in its discretion, render a decision on
the papers without the need for oral argument.

(B) Upon consideration of the motion, if the court finds that a substantial
and unjustifiable risk to the safety of any other person or the community or the
obstruction of the criminal justice process would result, and also finds that the failure to
indict the eligible defendant in accordance with the time requirement calculated
pursuant to paragraph (b)(1) of this rule was not due to unreasonable delay by the
prosecutor, the court may allocate an additional period of time, not to exceed 45 days,
in which the return of an indictment shall occur.

(C) If the court orders an eligible defendant detained pursuant to R. 3:4A
or R. 3:26-2(d)(1) and the maximum period of detention is reached or if the court
currently does not find a substantial and unjustifiable risk or finds unreasonable delay by
the prosecutor as described in this rule, the court shall establish conditions of pretrial
release, pursuant to R. 3:26, and release the defendant.

(c) On Failure to Commence Trial.

(1) Time Period. Except as provided in paragraph (d), an eligible
defendant who has been indicted shall not remain detained in jail or a juvenile detention
facility for more than 180 days on that charge following the return or unsealing of the
indictment or the detention of the eligible defendant pursuant to R. 3:26-2(d)(1),
whichever is later, not counting excludable time as set forth in paragraph (i) of this rule,
before commencement of the trial. For an eligible defendant whose most serious
charge is a disorderly persons offense, the time period shall begin with the defendant’s
initial detention. See R. 7:8-11.

(2) Motion by the Prosecutor. If the trial does not commence within the
time frame calculated pursuant to paragraph (c)(1) of this rule, the eligible defendant
shall be released from jail or a juvenile detention facility unless, on motion of the
prosecutor, the court finds that a substantial and unjustifiable risk to the safety of any
other person or the community or the obstruction of the criminal justice process would
result from the defendant’s release from custody, so that no appropriate conditions for
the defendant’s release could reasonably address that risk, and also finds that the
failure to commence trial in accordance with the time requirement set forth in this rule
was not due to unreasonable delay by the prosecutor. The prosecutor must file a notice
of motion accompanied by a brief explaining the reasons for the delay that justify the
extension of time to commence trial. The motion to extend time to commence trial shall
be filed with the court and served upon the defendant and defense counsel by the
prosecutor no later than 15 calendar days prior to the date of the expiration of the 180
day time frame, adjusted for excludable time, calculated pursuant to subparagraph
(c)(1) of this rule. Upon good cause shown this deadline may be relaxed.
(3) Objection by Defendant. Within 5 calendar days of the receipt of the
prosecutor’s motion to extend the time to commence trial, the defendant may file an
objection to the prosecutor’s motion and request oral argument. If the court decides to
hold oral argument the argument must be held within 5 calendar days of the defendant’s
request.

(4) Court Determination.

(A) The court shall consider and render a decision on the prosecutor’s
motion to extend the time to commence trial and any objection filed by the defendant
within 5 calendar days of the prosecutor’s motion, the defendant’s objection, or oral
argument, whichever is later. The court may, in its discretion, render a decision on the
papers without the need for oral argument.

(B) Upon consideration of the motion, if the court finds that a substantial
and unjustifiable risk to the safety of any other person or the community or the
obstruction of the criminal justice process would result, and also finds that the failure to
commence trial in accordance with the time requirement calculated pursuant to
paragraph (c)(1) of this rule was not due to unreasonable delay by the prosecutor, the
court may allocate an additional period of time of no more than 60 days in which the
defendant’s trial shall commence. If exceptional circumstances are shown, the court
may allocate an additional reasonable period of time to commence trial. If the court
allocates any additional time, the court should specify its reasons for granting the
extension and set forth a specific date for the trial.

(C) If the court orders an eligible defendant detained pursuant to R. 3:4A
or R. 3:26-2(d)(1) and the maximum period of detention is reached, or if the court
currently does not find a substantial and unjustifiable risk or finds unreasonable delay by
the prosecutor as described in this rule, the court shall establish conditions of pretrial
release, pursuant to R. 3:26, and release the defendant.

(d) Period to Readiness of Prosecutor for Trial.

(1) An eligible defendant shall be released from jail or a juvenile detention
facility upon conditions set by the court, after a release hearing if, excluding any delays
attributable to the defendant, two years after the court’s issuance of the pretrial
detention order pursuant to R. 3:4A or R. 3:26-2(d)(1) for the eligible defendant or after
the detention of the eligible defendant in jail due to an inability to post monetary bail as
a condition of release, the prosecutor is not ready to proceed to voir dire or to opening
argument, or to proceed to the hearing of any motions that had been reserved for the
time of trial. In the case of an eligible defendant whose most serious charge is a fourthdegree
offense, the maximum time period for the defendant’s incarceration shall be 18
months. In the case of an eligible defendant whose most serious charge is a disorderly
persons offense, the maximum time period for the defendant’s incarceration shall be six
months. See R. 7:8-11.

(2) A delay shall be considered attributable to the defendant if the delay
constitutes excluded time pursuant to:

(A) subparagraph (1) of paragraph (i) of this rule, but only if the defendant
maintains that he or she is not competent to stand trial or is incapacitated;

(B) subparagraph (2) of paragraph (i) of this rule;

(C) subparagraph (3) of paragraph (i) of this rule, but only if the defendant
filed the motion unless the motion was filed in response to unreasonable actions of the
prosecutor;

(D) subparagraph (4) of paragraph (i) of this rule, but only if the request for
the continuance was made by the defendant unless the request was made in response
to unreasonable actions by the prosecutor;

(E) subparagraph (5) of paragraph (i) of this rule, but only if the defendant
left the jurisdiction after receiving notice of a charge or charges in this jurisdiction;

(F) subparagraph (9) of paragraph (i) of this rule;

(G) subparagraph (11) of paragraph (i) of this rule; or

(H) subparagraph (12) of paragraph (i) of this rule, but only if the delay
resulted from unreasonable acts or omissions of the defendant.

(3) An eligible defendant shall not be released from jail or a juvenile
detention facility pursuant to subparagraph (1) of this paragraph if, on or before the
expiration of the applicable period of detention, the prosecutor has represented that the
State is ready to proceed to voir dire or to opening arguments, or to proceed to the
hearing of any motions that had been reserved for trial. The prosecutor’s statement of
readiness shall be made on the record in open court or in writing.

(e) Commencement of Trial. For the purposes of this rule, a trial is considered
to have commenced when the court determines that the parties are present and directs
them to proceed to voir dire or to opening argument, or to the hearing of any motions
that had been reserved for the time of trial.

(f) Subsequent and Superseding Indictments. For purposes of calculating
the time period pursuant to paragraph (c)(1) of this rule, the return of a superseding
indictment against the defendant shall extend the time for the trial to commence. The
court shall schedule the trial to commence as soon as reasonably practicable taking into
consideration the nature and extent of differences between the superseded and
superseding indictments, including the degree to which the superseding indictment is
based on information that was available at the time of the original indictment or that
could have been obtained through reasonably diligent efforts at the time of the original
indictment. If an indictment is dismissed without prejudice upon motion of the defendant
for any reason, and a subsequent indictment is returned, the time for trial shall begin
running from the date of the return of the subsequent indictment.

(g) New Trial. A trial ordered after a mistrial or upon a motion for a new trial,
pursuant to R. 3:20-1, shall commence within 120 days of the entry of the order of the
court. A trial ordered upon the reversal of a judgment by any appellate court shall
commence within 120 days of the service of that court’s trial mandate.

(h) Charge or Indictment in Another Matter. If the defendant is charged or
indicted in another matter that results in the defendant’s pretrial detention, the time
calculations set forth in this rule shall run independently for each matter.

(i) Excludable Time Criteria. The following periods shall be excluded in
computing the time in which a case shall be indicted or tried:

(1) The time resulting from an examination and hearing on competency
and the period during which the defendant is incompetent to stand trial or incapacitated.
Excluded time shall begin tolling once the judge signs an order for the examination of
the defendant for competency pursuant to N.J.S.A. 2C:4-5, or once the defense serves
the court with a report from its own expert stating that the defendant is not competent to
proceed;

(2) The time from the filing to the disposition of a defendant’s application
for supervisory treatment pursuant to N.J.S.A. 2C:36A-1 or N.J.S.A. 2C:43-12 et seq.,
special probation pursuant to N.J.S.A. 2C:35-14, drug or alcohol treatment as a
condition of probation pursuant to N.J.S.A. 2C:45-1, or other pretrial treatment or
supervisory program;

(3) The time resulting from the filing of a motion by either the prosecution
or defendant subject to the following:

(A) If briefing, argument, and any evidentiary hearings required to
complete the record are not complete within 60 days of the filing of the notice of motion,
or within any longer period of time authorized pursuant to R. 3:10-2(f), any additional
time shall not be excluded.

(B) Unless the court reserves its decision until the time of trial, if the court
does not decide the motion within 30 days after the record is complete, any additional
time during which the motion is under advisement by the court shall not be excluded
unless the court finds there are extraordinary circumstances affecting the court’s ability
to decide the motion, in which case no more than an additional 30 days shall be
excluded.

(C) If the court reserves its decision on a motion until the time of trial, the
time from the reservation to disposition of that motion shall not be excluded. When the
court reserves a motion for the time of trial, the court will be obligated to proceed
directly to voir dire or to opening statements after the disposition of the motion.

(4) The time resulting from a continuance granted at the defendant’s
request or at the request of both the defendant and the prosecutor; such request must
specify the amount of time for which the continuance is sought;

(5) The time resulting from the detention of the defendant in another
jurisdiction, provided the prosecutor has been diligent and has made reasonable efforts
to obtain the defendant’s presence;

(6) The time resulting from exceptional circumstances including, but not
limited to, a natural disaster, the unavoidable unavailability of the defendant, material
witness or other evidence, when there is a reasonable expectation that the defendant,
witness or evidence will become available in the near future;

(7) On motion of the prosecutor, the delay resulting when the court finds
that the case is complex due to the number of defendants or the nature of the
prosecution subject to the following:

(A) the prosecutor shall include in the motion the specific factual basis
justifying the delay and the length of the delay sought; the defendant may file an
objection within five calendar days of receipt of the prosecutor's motion; and the court
may decide the motion without oral argument;

(B) the court shall grant the motion only if

(i) the prosecutor establishes
that due to the complexity of the case it is unreasonable to expect adequate preparation
for pretrial proceedings or the trial itself within the time periods set forth in this Rule and

(ii) the court finds that the interests of justice served by granting the delay outweigh the
best interests of the public and the defendant in a speedy trial;

(C) the court ordinarily should grant the motion only when the case
involves more than two defendants, novel questions of fact or law, numerous witnesses
who may be difficult to locate or produce, or voluminous or complicated evidence;

(D) if the court grants the motion, the court shall specify the period of
delay and shall set forth on the record, either orally or in writing, its findings as required
under subparagraph (7)(B)(ii); and

(E) the court may grant the motion only with the approval of the criminal
presiding judge.

(8) The time resulting from a severance of codefendants when that
severance permits only one trial to commence within the time period for trial set forth in
this Rule, subject to the following:

(A) except as provided in subparagraph (8)(B), the subsequent trial shall
commence within 60 days of the conclusion of the previous trial;

(B) the court may extend the date for the commencement of the
subsequent trial upon the request of the defendant, the defendant’s consent to a
request by the prosecutor, or a finding by the court upon motion of the prosecutor that
there is good cause for the extension; and

(C) if the subsequent trial does not commence within 60 days or, if
applicable, within the extended period, any additional time shall not be excluded.

(9) The time resulting from a defendant’s failure to appear for a court
proceeding;

(10) The time resulting from a disqualification or recusal of a judge,
provided that the amount of excluded time under this subparagraph shall not exceed 30
days;

(11) The time resulting from a failure by the defendant to provide timely
and complete discovery;

(12) The time for other periods of delay not specifically enumerated if the
court finds good cause for the delay, provided that this provision shall be narrowly
construed; and

(13) Any other time otherwise required by statute.
The failure by the prosecutor to provide timely and complete discovery shall not be
considered excludable time unless the discovery only became available after the time
established for discovery.

(j) Excludable Time Calculations. The court shall keep track of each and
every instance of excludable time calculated pursuant to this rule, including the number
of days excluded as determined by the judge, and ensure that all excludable time is
accurately reflected in an appropriate judiciary case management system. The court
shall provide notice to the defendant and prosecutor of the impending release date for
the defendant at least 20 days prior to that release date. Counsel shall also keep track
of excludable time and the pending release dates for an eligible defendant.

Note: Adopted August 30, 2016 to be effective January 1, 2017; paragraphs (a), (c)(1), and (d)(1)
amended November 14, 2016 to be effective January 1, 2017; paragraphs (a), (b)(4)(C), (c)(1), (c)(4)(C), and (d)(1) amended December 13, 2016 to be effective January 1, 2017; paragraph (a) amended July 28, 2017 to be effective September 1, 2017; paragraph (a) and subparagraphs (b)(1), (b)(2), (c)(1), (c)(2), (d)(1), and (d)(3) amended July 27, 2018 to be effective September 1, 2018. 

Rule 3:21-4. Sentence

Rule 3:21-4. Sentence

(a) Imposition of Sentence; Conditions of Release. Sentence shall be imposed
without unreasonable delay. Pending sentence the court may commit the defendant or
continue, impose or alter the conditions of release, regardless of whether the defendant is
an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq.

(b) Presence of Defendant; Statement. Sentence shall not be imposed unless the
defendant is present or has filed a written waiver of the right to be present. Before
imposing sentence the court shall address the defendant personally and ask the defendant
if he or she wishes to make a statement in his or her own behalf and to present any
information in mitigation of punishment. The defendant may answer personally or by his or
her attorney.

(c) Sentence to Probation. The court, at time of sentence, shall inform defendants
sentenced to probation what penalties might be imposed on revocation should they not
adhere to the conditions of their probation.

(d) Extradition. Nothing herein contained shall be construed as affecting the
provisions of N.J.S. 2A:160-5 (relating to extradition) or the power of the court to
resentence a defendant after reversal of the judgment by reason of error in the sentence.

(e) Extended or Enhanced Term of Imprisonment; Sentence Pursuant to N.J.S.A.
2C:35-8. A motion pursuant to N.J.S.A. 2C:44-3 or N.J.S.A. 2C:43-6(f) for the imposition of
an extended term of imprisonment, or a motion for enhanced sentence pursuant to
N.J.S.A. 2C:35-8, shall be filed with the court by the prosecutor within 14 days of the entry
of the defendant's guilty plea or the return of the verdict. Where the defendant is pleading
guilty pursuant to a negotiated disposition, the prosecutor shall make the motion at or prior
to the plea. If the negotiated disposition includes the recommendation of an extended term,
the prosecutor's oral notice and the recordation of the extended term exposure in the plea
form completed by defendant and reviewed on the record shall serve as the State's
motion. For good cause shown the court may extend the time for filing the motion. The
sentence shall include a determination as to whether the defendant was convicted and
sentenced to an extended term of imprisonment as provided in N.J.S.A. 2C:43-7, 2C:44-3
and 2C:44-6(e), N.J.S.A. 2C:43-6(f) or whether the defendant was being sentenced
pursuant to N.J.S.A. 2C:35-8, and the commitment or order of sentence which directs the
defendant's confinement shall so specify.

(f) Sentence Pursuant to N.J.S.A. 2C:43-7.1, 2C:43-7.2, or 2C:44-5.1. A notice to
impose sentence pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1 shall be
filed with the court and served upon the defendant by the prosecutor within 14 days of the
entry of the defendant's guilty plea or return of the verdict. Where the defendant is
pleading guilty pursuant to a negotiated disposition, the prosecutor shall file and serve the
notice at or prior to the plea. If the negotiated disposition includes the recommendation of
an extended term, the prosecutor's oral notice and the recordation of the extended term
exposure in the plea form completed by defendant and reviewed on the record shall serve
as the State's notice. For good cause shown the court may extend the time for filing the
notice. The sentence shall include a determination as to whether the defendant was
convicted and sentenced pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1
and the judgment and commitment shall so specify.

(g) Reasons for Sentence. At the time sentence is imposed the judge shall state
reasons for imposing such sentence including findings pursuant to the criteria for
withholding or imposing imprisonment or fines under N.J.S.A. 2C:44-1 to 2C:44-3; the
factual basis supporting a finding of particular aggravating or mitigating factors affecting
sentence; and, if applicable, the reasons for ordering forfeiture of public office, position or
employment, pursuant to N.J.S.A. 2C:51-2.

(h) Notification of Right to Appeal and to File Petitions for Post-Conviction Relief.
After imposing sentence, whether following the defendant's plea of guilty or a finding of
guilty after trial, the court shall advise the defendant of the right to appeal and, if the
defendant is indigent, of the right to appeal as an indigent. The court shall also inform the
defendant of the time limitations in which to file petitions for post-conviction relief.

(i) Sentence Imposed Pursuant to N.J.S.A. 2C:44-1(f)(2). In the event the court
imposes sentence pursuant to N.J.S.A. 2C:44-1(f)(2), such sentence shall not become
final until 10 days after the date sentence was pronounced.

(j) Statement of Estimated Real Time to Be Served. If defendant is sentenced to
prison or jail, at the time sentence is imposed the judge shall state the approximate period
of time defendant will actually serve in custody according to the then current State Parole
Board "Parole Eligibility Tables." The statement should also consider the impact of jail
credits, and should indicate that it is made for the benefit of the public, including those in
attendance at the proceedings, and cannot be relied on by the defendant for purposes of
proceedings before the Parole Board or any direct or collateral appeal.

Note: Source -- R.R. 3:7-10(d). Paragraph (f) amended September 13, 1971, paragraph (c) deleted
and paragraphs (d), (e) and (f) redesignated as (c), (d) and (e) July 14, 1972 to be effective September 5, 1972; paragraph (e) adopted and former paragraph (e) redesignated as (f) August 27, 1974 to be effective September 9, 1974; paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraphs (d) and (e) amended August 28, 1979 to be effective September 1, 1979; paragraph (d) amended December 26, 1979 to be effective January 1, 1980; paragraph (g) adopted July 26, 1984 to be effective September 10, 1984; paragraph (d) caption and text amended November 5, 1986 to be effective January 1, 1987; paragraph (d) amended November 2, 1987 to be effective January 1, 1988; paragraph (d) amended January 5, 1988 to be effective February 1, 1988; new paragraph (c) adopted and former paragraphs (c), (d), (e), (f), and (g) redesignated (d), (e), (f), (g), and (h) respectively June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (i) adopted April 21, 1994 to be effective June 1, 1994; paragraphs (b), (e), (f) and (g) amended July 13, 1994 to be effective January 1, 1995; former paragraphs (f), (g), (h), and (i) redesignated as paragraphs (g), (h), (i), and (j) and new paragraph (f) adopted July 10, 1998 to be effective September 1, 1998; paragraph (j) amended July 5, 2000 to be effective September 5, 2000; paragraph (e) caption and text amended, and paragraph (f) amended June 15, 2007 to be effective September 1, 2007; paragraph (h) caption and text amended July 16, 2009 to be effective September 1, 2009; paragraph (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (a) amended July 29, 2019 to be effective September 1, 2019.

3:13-3. Discovery and Inspection

3:13-3. Discovery and Inspection

(a) Pre-Indictment Discovery. Unless the defendant agrees to more limited
discovery, where the prosecutor has made a pre-indictment plea offer, the prosecutor
shall, at the time the plea offer is made, provide defense counsel with all available relevant
material that would be discoverable at the time of indictment pursuant to paragraph (b)(1)
of this rule, except that:

(1) where the prosecutor determines that pre-indictment delivery of all
discoverable material would hinder or jeopardize a prosecution or investigation, the
prosecutor, consistent with the intent of this rule, shall provide to defense counsel at the
time the plea offer is made such relevant material as would not hinder or jeopardize the
prosecution or investigation and shall advise defense counsel that complete discovery has
not been provided; or

(2) where the prosecutor determines that physical or electronic delivery of
the discoverable material would impose an unreasonable administrative burden on the
prosecutor's office given the nature, format, manner of collation or volume of discoverable
material, the prosecutor may in his or her discretion make discovery available by permitting
defense counsel to inspect and copy or photograph such material at the prosecutor's
office.

Notwithstanding the exceptions contained in paragraphs (a)(1) and (a)(2) of
this rule, the prosecutor shall provide defense counsel with any exculpatory information or
material.

(b) Post-Indictment Discovery.

(1) Discovery by the Defendant. Except for good cause shown, the
prosecutor's discovery for each defendant named in the indictment shall be delivered to
the criminal division manager's office, or shall be available through the prosecutor's office,
upon the return or unsealing of the indictment. Good cause shall include, but is not limited
to, circumstances in which the nature, format, manner of collation or volume of
discoverable materials would involve an extraordinary expenditure of time and effort to
copy. In such circumstances, the prosecutor may make discovery available by permitting
defense counsel to inspect and copy or photograph discoverable materials at the
prosecutor's office, rather than by copying and delivering such materials. The prosecutor
shall also provide defense counsel with a listing of the materials that have been supplied in
discovery. If any discoverable materials known to the prosecutor have not been supplied,
the prosecutor shall also provide defense counsel with a listing of the materials that are
missing and explain why they have not been supplied.

If the defendant is represented by the public defender, defendant's attorney shall
obtain a copy of the discovery from the prosecutor's office or the criminal division
manager's office prior to the arraignment. However, if the defendant has retained private
counsel, upon written request of counsel submitted along with a copy of counsel's entry of
appearance and received by the prosecutor's office prior to the date of the arraignment,
the prosecutor shall, within three business days, send the discovery to defense counsel
either by U.S. mail at the defendant's cost or by e-mail without charge, with the manner of
transmittal at the prosecutor's discretion. Defense counsel shall simultaneously send a
copy of the request for mail or e-mail discovery to the criminal division manager's office.

A defendant who does not seek discovery from the State shall so notify the criminal
division manager's office and the prosecutor, and the defendant need not provide
discovery to the State pursuant to sections (b)(2) or (f), except as required by Rule 3:12-1
or otherwise required by law.

Discovery shall include exculpatory information or material. It shall also include, but
is not limited to, the following relevant material:

(A) books, tangible objects, papers or documents obtained from or belonging
to the defendant, including, but not limited to, writings, drawings, graphs, charts,
photographs, video and sound recordings, images, electronically stored information, and
any other data or data compilations stored in any medium from which information can be
obtained and translated, if necessary, into reasonably usable form;

(B) records of statements or confessions, signed or unsigned, by the
defendant or copies thereof, and a summary of any admissions or declarations against
penal interest made by the defendant that are known to the prosecution but not recorded.
The prosecutor also shall provide the defendant with transcripts of all electronically
recorded statements or confessions by a date to be determined by the trial judge, except in
no event later than 30 days before the trial date set at the pretrial conference.

(C) results or reports of physical or mental examinations and of scientific
tests or experiments made in connection with the matter or copies thereof, which are within
the possession, custody or control of the prosecutor;

(D) reports or records of prior convictions of the defendant;

(E) books, papers, documents, or copies thereof, or tangible objects,
buildings or places which are within the possession, custody or control of the prosecutor,
including, but not limited to, writings, drawings, graphs, charts, photographs, video and
sound recordings, images, electronically stored information, and any other data or data
compilations stored in any medium from which information can be obtained and translated,
if necessary, into reasonably usable form;

(F) names, addresses, and birthdates of any persons whom the prosecutor
knows to have relevant evidence or information including a designation by the prosecutor
as to which of those persons may be called as witnesses;

(G) record of statements, signed or unsigned, by such persons or by codefendants
which are within the possession, custody or control of the prosecutor and any
relevant record of prior conviction of such persons. The prosecutor also shall provide the
defendant with transcripts of all electronically recorded co-defendant and witness
statements by a date to be determined by the trial judge, except in no event later than 30
days before the trial date set at the pretrial conference, but only if the prosecutor intends to
call that co-defendant or witness as a witness at trial.

(H) police reports that are within the possession, custody, or control of the
prosecutor;

(I) names and addresses of each person whom the prosecutor expects to call
to trial as an expert witness, the expert's qualifications, the subject matter on which the
expert is expected to testify, a copy of the report, if any, of such expert witness, or if no
report is prepared, a statement of the facts and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion. If this information is not furnished
30 days in advance of trial, the expert witness may, upon application by the defendant, be
barred from testifying at trial.

(J) all records, including notes, reports and electronic recordings relating to
an identification procedure, as well as identifications made or attempted to be made.

(2) Discovery by the State. Defense counsel shall provide a copy of the
discovery materials to the prosecuting attorney by a date to be determined by the trial
judge, except in no event later than 14 days after the date of the arraignment. Defense
counsel shall also provide the prosecuting attorney with a listing of the materials that have
been supplied in discovery. If any discoverable materials known to defense counsel have
not been supplied, defense counsel also shall provide the prosecuting attorney with a
listing of the materials that are missing and explain why they have not been supplied. A
defendant shall provide the State with all relevant material, including, but not limited to, the
following:

(A) results or reports of physical or mental examinations and of scientific
tests or experiments made in connection with the matter or copies thereof, which are within
the possession, custody or control of defense counsel;

(B) any relevant books, papers, documents or tangible objects, buildings or
places or copies thereof, which are within the possession, custody or control of defense
counsel, including, but not limited to, writings, drawings, graphs, charts, photographs,
video and sound recordings, images, electronically stored information, and any other data
or data compilations stored in any medium from which information can be obtained and
translated, if necessary, into reasonably usable form;

(C) the names, addresses, and birthdates of those persons known to
defendant who may be called as witnesses at trial and their written statements, if any,
including memoranda reporting or summarizing their oral statements;

(D) written statements, if any, including any memoranda reporting or
summarizing the oral statements, made by any witnesses whom the State may call as a
witness at trial. The defendant also shall provide the State with transcripts of all
electronically recorded witness statements by a date to be determined by the trial judge,
except in no event later than 30 days before the trial date set at the pretrial conference.

(E) names and address of each person whom the defense expects to call to
trial as an expert witness, the expert's qualifications, the subject matter on which the
expert is expected to testify, and a copy of the report, if any, of such expert witness, or if
no report is prepared, a statement of the facts and opinions to which the expert is expected
to testify and a summary of the grounds for each opinion. If this information is not furnished
30 days in advance of trial the expert may, upon application by the prosecutor, be barred
from testifying at trial.

(3) Discovery Provided through Electronic Means. Unless otherwise
ordered by the court, the parties may provide discovery pursuant to paragraphs (a) and (b)
of this rule through the use of CD, DVD, e-mail, internet or other electronic means.

Documents provided through electronic means shall be in PDF format. All other discovery
shall be provided in an open, publicly available (non-proprietary) format that is compatible
with any standard operating computer. If discovery is not provided in a PDF or open,
publicly available format, the transmitting party shall include a self-extracting computer
program that will enable the recipient to access and view the files that have been provided.

Upon motion of the recipient, and for good cause shown, the court shall order that
discovery be provided in the format in which the transmitting party originally received it. In
all cases in which an Alcotest device is used, any Alcotest data shall, upon request, be
provided for any Alcotest 7110 relevant to a particular defendant's case in a readable
digital database format generally available to consumers in the open market. In all cases in
which discovery is provided through electronic means, the transmitting party shall also
include a list of the materials that were provided and, in the case of multiple disks, the
specific disk on which they can be located.

(c) Motions for Discovery. No motion for discovery shall be filed unless the
moving party certifies that the prosecutor and defense counsel have satisfied the discovery
meet and confer requirements of R. 3:9-1(c).

(d) Documents Not Subject to Discovery. This rule does not require discovery
of a party's work product consisting of internal reports, memoranda or documents made by
that party or the party's attorney or agents, in connection with the investigation,
prosecution or defense of the matter nor does it require discovery by the State of records
or statements, signed or unsigned, of defendant made to defendant's attorney or agents.

(e) Protective Orders.

(1) Grounds. Upon motion and for good cause shown the court may at any
time order that the discovery sought pursuant to this rule be denied, restricted, or deferred
or make such other order as is appropriate. In determining the motion, the court may
consider the following: protection of witnesses and others from physical harm, threats of
harm, bribes, economic reprisals and other intimidation; maintenance of such secrecy
regarding informants as is required for effective investigation of criminal activity;
confidential information recognized by law, including protection of confidential relationships
and privileges; or any other relevant considerations.

(2) Procedure. The court may permit the showing of good cause to be
made, in whole or in part, in the form of a written statement to be inspected by the court
alone, and if the court thereafter enters a protective order, the entire text of the statement
shall be sealed and preserved in the records of the court, to be made available only to the
appellate court in the event of an appeal.

(f) Continuing Duty to Disclose; Failure to Comply. There shall be a continuing
duty to provide discovery pursuant to this rule. If at any time during the course of the
proceedings it is brought to the attention of the court that a party has failed to comply with
this rule or with an order issued pursuant to this rule, it may order such party to permit the
discovery of materials not previously disclosed, grant a continuance or delay during trial, or
prohibit the party from introducing in evidence the material not disclosed, or it may enter
such other order as it deems appropriate.

Note: Source-R.R. 3:5-11(a)(b)(c)(d)(e)(f)(g)(h). Paragraphs (b)(c)(f) and (h) deleted; paragraph (a)
amended and paragraphs (d)(e)(g) and (i) amended and redesignated June 29, 1973 to be effective
September 10, 1973. Paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraphs (a) and (b) amended July 22, 1983 to be effective September 12, 1983; new paragraphs (a) and (b) added, former paragraphs (a), (b), (c), (d) and(f) amended and redesignated paragraphs (c), (d), (e), (f) and (g) respectively and former paragraph (e) deleted July 13, 1994 to be effective January 1, 1995; Rule redesignation of July 13, 1994 eliminated December 9, 1994, to be effective January 1, 1995; paragraphs (c)(6) and (d)(3) amended June 15, 2007 to be effective September 1, 2007; subparagraph(f)(1) amended July 21, 2011 to be effective September 1, 2011; new subparagraph (c)(10) adopted July 19, 2012 to be effective September 4, 2012; paragraph (a) amended, paragraph (b) text deleted, paragraph (c) amended and renumbered as paragraph (b)(1), paragraph (d) amended and renumbered as paragraph (b)(2), new paragraphs (b)(3) and (c) adopted, paragraphs (e) and (f) renumbered as paragraphs (d) and (e), paragraph (g) amended and renumbered as paragraph(f) December 4, 2012 to be effective January 1, 2013; paragraph (b)(1)(I) amended July 27, 2015 to be effective September 1, 2015; paragraph (b) amended April 12, 2016 to be effective May 20, 2016; paragraph (c) amended August 1, 2016 to be effective September 1, 2016.